California State/Master Agree for Federal Aid Projects 97MASTER AGREEMENT
ADMINISTERING AGENCY -STATE AGREEMENT
FOR
FEDERAL -AID PROJECTS
08 City of La Quinta
District Administering Agency
Agreement No. 08-5433
This AGREEMENT, made effective this S day of , 1997, is by and between
the City of La Quinta, hereinafter referred to as "ADMINISTERING GENCY," and the State of
California, acting by and through the California Department of Transportation (Caltrans), hereinafter
referred to as "STATE."
WITNESSETH:
WHEREAS, the Congress of the United States has enacted the Intermodal Surface Transportation
Efficiency Act of 1991 to fund programs which include, but are not limited to, the Surface Transportation
Program (RSTP), the Congestion Mitigation and Air Quality Improvement Program (CMAQ), the
Transportation Enhancement Activities Program (TEA), and the Bridge Replacement and Rehabilitation
Program (HBRR) (collectively the "Programs"); and
WHEREAS, the Legislature of the State of California has enacted legislation by which certain
Federal funds (RSTP and CMAQ) may be made available for use on local transportation facilities of public
entities qualified to act as recipients of these federal funds in accordance with the intent of Federal law; and
WHEREAS, before Federal -aid will be made available for a specific Program project,
ADMINISTERING AGENCY and STATE are required to enter into an agreement relative to prosecution
of said project and maintenance of the completed facility.
NOW, THEREFORE, the parties agree as follows:
ARTICLE I - PROJECT ADMINISTRATION
1. This AGREEMENT shall have no force or effect with respect to any Program project
unless and until a project -specific Program Supplement to this AGREEMENT for Federal -aid Projects,
hereinafter referred to as 'PROGRAM SUPPLEMENT," has been executed.
2. The term 'PROJECT," as used herein, means that authorized project financed in part with
Federal funds as further described in an "Authorization to Proceed" document executed by STATE, in the
subsequent specific PROGRAM SUPPLEMENT, and in a Federal -aid Project Agreement (PR-2).
3. The Financial commitment of STATE administered federal funds will occur only upon the
execution of this AGREEMENT, and the execution of each project -specific PROGRAM SUPPLEMENT
and PR-2.
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4. ADMINISTERING AGENCY further agrees, as a condition to payment of funds obligated
to a PROJECT, to comply with all the agreed -upon Special Covenants or Remarks attached to the
PROGRAM SUPPLEMENT identifying and defining the nature of the specific PROJECT.
5. The PROGRAM SUPPLEMENT shall designate the party responsible for implementing
the various phases of the PROJECT, the Federal funds requested, and the matching funds to be provided
by ADMINISTERING AGENCY and/or STATE. Adoption of the PROGRAM SUPPLEMENT by
ADMINISTERING AGENCY and approval by STATE shall cause such PROGRAM SUPPLEMENT to
be executed and be a part of this AGREEMENT as though fully set forth herein. Unless otherwise
expressly delegated in a resolution by the ADMINISTERING AGENCY's governing body, the
PROGRAM SUPPLEMENT shall be approved and managed by the ADMINISTERING AGENCY's
governing body.
6. ADMINISTERING AGENCY shall conform to all State statutes, regulations and
procedures (including those set forth in LPP 95-07, "Reengineering," and subsequent approved revisions
and Local Programs Manual updates, hereafter referred to as REENGINEERED PROCEDURES) relating
to the Federal -aid Program, all Title 23 Federal requirements, and all applicable Federal laws, regulations,
and policy and procedural or instructional memoranda, unless otherwise designated in the approved
PROGRAM SUPPLEMENT.
7. If PROJECT involves work on the State highway system, it shall also be the subject of a
separate standard form of encroachment permit and, where appropriate, a cooperative agreement between
STATE and ADMINISTERING AGENCY to determine how the PROJECT is to be constructed.
8. If PROJECT is not on STATE -owned right of way, PROJECT shall be constructed in
accordance with REENGINEERED PROCEDURES. The REENGINEERED PROCEDURES describe
minimum statewide design standards for local agency streets and roads. The REENGINEERED
PROCEDURES for projects off the National Highway System (NHS) allow the STATE to accept either
the minimum statewide design standards or ADMINISTERING AGENCY -approved geometric design
standards. Also, for projects off the NHS, STATE will accept ADMINISTERING AGENCY -approved
standard specifications, standard plans, and materials sampling and testing quality assurance programs that
meet the conditions described in the REENGINEERED PROCEDURES.
9. 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 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 under the contract.
10. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and
inspection of each PROJECT. As provided in the REENGINEERED PROCEDURES, work may be
performed by a consultant(s), provided a fully qualified and licensed employee of ADMINISTERING
AGENCY is in responsible charge.
11. The Congress of the United States, the Legislature of the State of California, and the
Governor of the State of California, each within their respective jurisdiction, have prescribed certain
employment practices with respect to work financed with Federal or State funds. ADMINISTERING
AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES
ADDENDUM (Exhibit A attached hereto) whenever State funds finance part of the PROJECT, and the
NONDISCRIMINATION ASSURANCES (Exhibit B attached hereto). ADMINISTERING AGENCY
further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for
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performance of work connected with the PROJECT shall incorporate Exhibits A (whenever State funds
finance part of the PROJECT) and Exhibit B (with third parry's name replacing ADMINISTERING
AGENCY) as parts of such agreement.
ARTICLE H - RIGHTS OF WAY
1. No contract for the construction of a Federal -aid PROJECT shall be awarded until the
necessary rights of way have been secured. Prior to the advertising for construction of the PROJECT,
ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that
necessary rights of way are available for construction purposes or will be available by the time of award of
the construction contract.
2. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any
liability which may result in the event the right of way for a PROJECT is not clear as certified. The
furnishing of right of way as provided for herein includes, in addition to all real property required for the
PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as
required by applicable law, of damages to real property not actually taken but injuriously affected by
PROJECT. ADMINISTERING AGENCY shall pay, from its own non -matching funds, any costs which
arise out of delays to the construction of the PROJECT because utility facilities have not been removed or
relocated, or because rights of way have not been made available to ADMINISTERING AGENCY for the
orderly prosecution of PROJECT work.
3. Subject to STATE approval and such supervision as is required in REENGINEERED
PROCEDURES over ADMINISTERING AGENCY's right of way acquisition procedures,
ADMINISTERING AGENCY may claim reimbursement from Federal funds for expenditures to purchase
only necessary rights of way included in PROJECT after crediting PROJECT with the fair market value of
any excess property retained and not disposed of by ADMINISTERING AGENCY.
4. When real property rights are to be acquired by ADMINISTERING AGENCY for a
PROJECT, said ADMINISTERING AGENCY must carry out that acquisition in compliance with the
Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
5. Whether or not Federal -aid is to be requested for right of way, should ADMINISTERING
AGENCY, in acquiring right of way for PROJECT, displace an individual, family, business, farm
operation, or non-profit organization, relocation payments and services will be provided as set forth in
Chapter 5 of Title 23, U.S. Code. The public will be adequately informed of the relocation payments and
services which will be available,- and, to the greatest extent practicable, no person lawfully occupying real
property shall be required to move from his/her dwelling or to move his/her business or farm operation
without at least 90-days written notice from ADMINISTERING AGENCY. ADMINISTERING
AGENCY will provide STATE with specific assurances, on each portion of the PROJECT, that no person
will be displaced until comparable decent, safe and sanitary replacement housing is available within a
reasonable period of time prior to displacement, and that ADMINISTERING AGENCY's relocation
program is realistic and adequate to provide orderly, timely and efficient relocation of displaced persons
for the PROJECT as provided in Federal Highway Programs Manual (FHPM 7-5).
6. In all real property transactions acquired for the PROJECT, following recordation of the
deed or such other recorded instrument evidencing title in the name of the ADMINISTERING AGENCY
or their assignee, there shall also be recorded a separate document which is an "Agreement Declaring
Restrictive Covenants." Said Agreement Declaring Restrictive Covenants will incorporate the assurances
included within Exhibits A and B and Appendices A, B, C and D, as appropriate, when executed by
ADMINISTERING AGENCY.
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ARTICLE III - MANAGEMENT AND MAINTENANCE OF PROPERTY
1. 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.
2. Upon ADMINISTERING AGENCY acceptance of the completed Federal -aid construction
contract or upon contractor being relieved of the responsibility for maintaining and protecting a portion of
the work, the agency having jurisdiction over the PROJECT shall maintain the completed work in a
manner satisfactory to the authorized representatives of STATE and the United States. If, within 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 and ADMINISTERING AGENCY has not
satisfactorily remedied the conditions complained of, the approval of future Federal -aid projects of
ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of
maintenance satisfactory to STATE and the Federal Highway Administration. The provisions of this
section shall not apply to a PROJECT which has been vacated through due process of law.
3. The maintenance referred to in paragraph 2, above, includes not only the physical condition
of the PROJECT but its 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 under agreement with ADMINISTERING AGENCY. All maintenance will be performed at
regular intervals or as required for efficient operation of the complete PROJECT improvements.
ARTICLE IV - FISCAL PROVISIONS
1. The PROJECT, or portions thereof, must be included in a Federally -approved Statewide
Transportation Improvement Program (FSTIP) prior to ADMINISTERING AGENCY submittal of the
"Request for Authorization."
2. . State and Federal funds will not participate in PROJECT work performed in advance of
approval of the "Authorization to Proceed." The parties shall execute a PROGRAM SUPPLEMENT
between STATE and ADMINISTERING AGENCY subsequently incorporating the "Authorization to
Proceed."
3. ADMINISTERING AGENCY may submit invoices in arrears for reimbursement of
participating PROJECT costs on a monthly or quarterly progress basis once the PROJECT PROGRAM
SUPPLEMENT has been executed by STATE and the PR-2 has been executed by FHWA. The total of all
amounts claimed, plus any required matching funds, must not exceed the actual total allowable costs of all
completed engineering work, right of way acquisition, and construction.
4. Invoices shall be submitted on ADMINISTERING AGENCY letterhead and shall include
this AGREEMENT number, Federal -aid project number, and Progress billing number for the PROJECT,
and shall be in accordance with REENGINEERED PROCEDURES.
5. The estimated total cost of PROJECT, the amounts of Federal -aid programmed, and the
matching amounts agreed upon may be adjusted by mutual consent of the parties hereto in a Finance
Letter/Detail Estimate and a PR-2 document which are to be considered as part of this AGREEMENT.
Federal -aid program amounts may be increased to cover PROJECT cost increases only if such funds are
available and FHWA concurs with that increase.
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6. When additional federal -aid funds are not available, the ADMINISTERING AGENCY
agrees that the payment of Federal funds will be limited to the amounts approved by the PR-2, or its
modification (PR-2A), and agrees that any increases in PROJECT costs must be defrayed with
ADMINISTERING AGENCY funds.
7. ADMINISTERING AGENCY shall use its own nonfederal -aid funds to finance the local
share of eligible costs and all expenditures ruled ineligible for financing with Federal funds. STATE shall
make the determination of ADMINISTERING AGENCY cost eligibility for Federal fund financing.
8. Any overpayment to ADMINISTERING AGENCY of amounts invoiced shall be returned
to STATE by ADMINISTERING AGENCY upon written demand.
9. 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 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, or any other
public agency, may withhold or demand a transfer of an amount equal to the amount owed to STATE from
future apportionments, 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
Federal -aid projects.
10. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or
otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint
powers authority, special district, or any other public entity not directly receiving funds through the State
Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available,
including the withholding or transfer of funds, pursuant to Article IV - 9, from those constituent entities
comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or
its constituent member entities, to recover all funds provided by STATE hereunder.
ARTICLE V - RETENTION OF RECORDS/AUDITS
1. For the purpose of determining compliance with Public Contract Code Section 10115, et.
seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et, seq., when applicable, and
other matters connected with the performance of the Agreement pursuant to Government Code
Section 10532, ADMINISTERING AGENCY and any third party under contract with ADMINISTERING
AGENCY shall retain all original records to the project financed with Federal funds and shall make records
available upon request by Federal and State representatives. Following final settlement of the project costs
with FHWA the recordstdocuments may be microfilmed by the ADMINISTERING AGENCY, but in any
event shall be retained for a period of three years from STATE payment of the final voucher, or a four-year
period from the date of the final payment under the contract, whichever is longer. ADMINISTERING
AGENCY shall retain records/documents longer if required in writing by STATE.
2. Per the Single Audit Act of 1984, any ADMINISTERING AGENCY that receives
$100,000.00 or more per fiscal year in Federal Financial Assistance shall have an audit performed by an
independent audit firm per the Single Audit Act - (see OMB-A128, "Audits of State and Local
Governments").
ARTICLE VI - FEDERAL LOBBYING ACTIVITIES CERTIFICATION
1. By execution of this AGREEMENT, ADMINISTERING AGENCY certifies, to the best of
the signatory officer's knowledge and belief, that:
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A. No STATE or Federal appropriated funds have been paid or will be paid, by or on
behalf of ADMINISTERING AGENCY, to any person for influencing or attempting to influence an
officer or employee of any STATE or Federal agency, a Member of the State Legislature or United States
Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the
Legislature or Congress in connection with the awarding of any STATE or Federal contract including this
Agreement, the making of any STATE or Federal loan, the entering into of any cooperative contract, and
the extension, continuation, renewal, amendment, or modification of any STATE or Federal contract,
grant, loan, or cooperative contract.
B . If any funds other than Federal appropriated funds have been paid, or will be paid,
to any person for influencing or attempting to influence an officer or employee of any Federal agency, a
member of Congress, an officer or employee of Congress or an employee of a member of Congress in
connection with this Agreement, grant, local, or cooperative contract, ADMINISTERING AGENCY shall
complete and submit Standard Form-LLL, "Disclosure Form to Rep Lobbying," in accordance with the
form instructions.
C . This certification is a material representation of fact upon which reliance was placed
when this Agreement was made or entered into. Submission of this certification is a prerequisite for
making or entering into this Agreement imposed by Section 1352, Title 31, U.S. Code. Any party who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
2. ADMINISTERING AGENCY also agrees by signing this document that the language of
this certification will be included in all lower tier sub -agreements which exceed $100,000 and that all such
sub -recipients shall certify and disclose accordingly.
ARTICLE VII - MISCELLANEOUS PROVISIONS
1. 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 understood and agreed that, pursuant to Government Code
Section 895.4, ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE,
its officers, and employees from all claims, suits or actions of every name; kind and description brought
for, or on account of, injury (as defined in Government Code Section 810.8) 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. STATE
reserves the right to represent itself in any litigation in which STATE's interests are at stake.
2. Neither ADMINISTERING AGENCY 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
STATE under, or in connection, with any work, authority, or jurisdiction delegated to STATE under this
AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4,
STATE shall fully indemnify and hold ADMINISTERING AGENCY harmless from any liability imposed
for injury (as defined by Government 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. ADMINISTERING AGENCY reserves the right to represent itself in
any litigation in which ADMINISTERING AGENCY's interests are at stake.
3. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING
AGENCY, when engaged in the performance of this Agreement, shall act in an independent capacity and
not as officers, employees or agents of STATE.
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4. STATE may terminate this AGREEMENT with ADMINISTERING AGENCY should
ADMINISTERING AGENCY fail to perform the covenants herein contained at the time and in the manner
herein provided. In the event of such termination, STATE may proceed with the PROJECT work in any
manner deemed proper by STATE. If STATE terminates this AGREEMENT with ADMINISTERING
AGENCY, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY
under this AGREEMENT prior to termination, provided, however, that the cost of PROJECT completion
to STATE shall first be deducted from any sum due ADMINISTERING AGENCY under this.
AGREEMENT, and the balance, if any, shall then be paid ADMINISTERING AGENCY upon demand.
5. Without the written consent of STATE, this AGREEMENT is not assignable by
ADMINISTERING AGENCY either in whole or in part.
6. No alteration or variation of the terms of this AGREEMENT 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.
7. ADMINISTERING AGENCY warrants, by execution of this AGREEMENT, that no
person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an
agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona
fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING
AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the
right to annul this AGREEMENT without liability, pay only for the value of the work actually performed,
or in STATE's discretion, to deduct from the price of consideration, or otherwise recover, the full amount
of such commission, percentage, brokerage, or contingent fee.
8. In accordance with Public Contract Code Section 10296, ADMINISTERING AGENCY
hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of
court by. a Federal court has been issued against ADMINISTERING AGENCY within the immediate
preceding two-year period because of ADMINISTERING AGENCY's failure to comply with an order of
a Federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor
Relations Board.
9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship
with STATE or the FHWA that may have an impact upon the outcome of this AGREEMENT.
ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the
outcome of this AGREEMENT.
10. ADMINISTERING AGENCY hereby certifies that it does not now have nor shall it
acquire any financial or business interest that would conflict with the performance of PROJECT under this
AGREEMENT.
11. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or
secured through rebates, kickbacks or other unlawful consideration either promised or paid to_any STATE
employee. For breach or violation of this warranty, STATE shall have the right, in its discretion, to
terminate this AGREEMENT without liability, to pay only for the work actually performed, or to deduct
from the PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback,
or other unlawful consideration.
12. This Agreement is subject to any additional restrictions, limitations, conditions, or any
statute enacted by the State Legislature that may affect the provisions, terms, or funding of this
AGREEMENT in any manner.
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ARTICLE VIII - TERMINATION OF AGREEMENT
1. This Agreement and any PROGRAM SUPPLEMENT(s) executed under this
AGREEMENT shall terminate upon 60 days' prior written notice by STATE.
2. Each separate PROGRAM SUPPLEMENT shall separately establish the term and funding
limits for each described PROJECT funded under this Federal -aid program. No STATE or FHWA funds
are obligated against this AGREEMENT.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized
officers.
STATE OF CALIFORNIA CITY OF LA QUINTA
DFPARTN ]N T OF TRANSPORTATION
n
By
Chief, Office of Local Programs
Project Implementation
Date
By✓
C yr C, l�
ADMINISTERING AGENCY
Representative Name & Title
(Authorized Governing Body Representative)
Date 14 - / 5 — 9
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EXHIBIT A
FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate
against any employee for employment because of race, color, sex, religion, ancestry or national origin.
ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during
employment, without regard to their race, sex, actual or perceived sexual orientation, color, religion,
ancestry, or national origin. Such action shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING
AGENCY shall post in conspicuous places, available to employees for employment, notices to be
provided by STATE setting forth the provisions of this Fair Employment section.
2. ADMINISTERING AGENCY will permit access to the records of employment,
employment advertisements, application forms, and other pertinent data and records by STATE, the State
Fair Employment and Housing Commission, or any other agency of the State of California designated by
STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this
Agreement.
3. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have
occurred upon receipt of a final judgment to that effect from a court in an action to
which ADMINISTERING AGENCY was a party, or upon receipt of a written
notice from the Fair Employment and Housing Commission that it has investigated
and determined that ADMINISTERING AGENCY has violated the Fair Employ-
ment Practices Act and had issued an order under Labor Code Section 1426 which
has become final or has obtained an injunction under Labor Code Section 1429.
(b) For willful violation of this Fair Employment Provision, STATE shall have the
right to terminate this Agreement either in whole or in part, and any loss or damage
sustained by STATE in securing the goods or services thereunder shall be borne
and paid for by ADMINISTERING AGENCY and by the surety under the
performance bond, if any, and STATE may deduct from any moneys due or
thereafter may become due to ADMINISTERING AGENCY, the difference
between the price named in the Agreement and the actual cost thereof to STATE to
cure ADMINISTERING AGENCY's breach of this Agreement.
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EXHIBIT B
NONDISCRIMINATION ASSURANCES
ADMINISTERING AGENCY HEREBY AGREES THAT, as a condition to receiving any Federal
financial assistance from the STATE, acting for the U.S. Department of Transportation, it will comply
with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4
(hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
"Nondiscrimination in Federally -Assisted Programs of the Department of Transportation - Effectuation of
Title VI of the Civil Rights Act of 1964" (hereinafter referred to as the REGULATIONS), the Federal -aid
Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT,
REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of
race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any program or activity for which
ADMINISTERING AGENCY receives Federal financial assistance from the Federal Department of
Transportation, ADMINISTERING AGENCY HEREBY GIVES ASSURANCE THAT
ADMINISTERING AGENCY will promptly take any measures necessary to effectuate this agreement.
This assurance is required by subsection 21.7(a) (1) of the REGULATIONS.
More specifically, and without limiting the above general assurance, ADMINISTERING
AGENCY hereby gives the following specific assurances with respect to its Federal -aid Program:
1. That ADMINISTERING AGENCY agrees that each "program" and each "facility" as
defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a
"program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements
imposed by, or pursuant to, the REGULATIONS.
2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations
for bids for work or material subject to the REGULATIONS made in connection with the Federal -aid
Program and, in adapted form, in all proposals for negotiated agreements:
ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively
insure that in any agreement entered into pursuant to this advertisement, minority
business enterprises will be afforded full opportunity to submit bids in response to
this invitation and will not be discriminated against on the grounds of race, color,
sex, national origin, religion, age, or disability in consideration for an award.
3. That ADMINISTERING AGENCY shall insert the clauses of Appendix A of this
assurance in every agreement subject to the ACT and the REGULATIONS.
4. That the clauses of Appendix B of this Assurance shall be included as a covenant running
with the land, in any deed effecting a transfer of real property, structures, or improvements thereon, or
interest therein.
5. That where ADMINISTERING AGENCY receives Federal financial assistance to construct
a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in
connection therewith.
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6. That where ADMINISTERING AGENCY receives Federal financial assistance in the
form, or for the acquisition, of real property or an interest in real property, the Assurance shall extend to
rights to space on, over, or under such property.
7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in
Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases,
permits, licenses, and similar agreements entered into by the ADMINISTERING AGENCY with other
parties:
Appendix C;
(a) for the subsequent transfer of real property acquired or improved under the Federal -
aid Program; and
Appendix D;
(b) for the construction or use of or access to space on, over, or under real property
acquired, or improved under the Federal -aid Program.
8. That this assurance obligates ADMINISTERING AGENCY for the period during which
Federal financial assistance is extended to the program, except where the Federal financial assistance is to
provide, or is in the form of, personal property or real property of interest therein, or structures, or
improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any
transferee for the longer of the following periods:
(a) the period during which the property is used for a purpose for which the Federal
financial assistance is extended, or for another purpose involving the provision of
similar services or benefits; or
(b) the period during which ADMINISTERING AGENCY retains ownership or
possession of the property.
9. That ADMINISTERING AGENCY shall provide for such methods of administration for
the program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates
specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients, sub -
grantees, applicants, sub -applicants, transferees, successors in interest, and other participants of Federal
financial assistance under such program will comply with all requirements imposed by, or pursuant to, the
ACT, the REGULATIONS, this Assurance and the Agreement.
10. That ADMINISTERING AGENCY agrees that the United States and the State of California
have a right to seek judicial enforcement with regard to any matter arising under the ACT, the
REGULATIONS, and this Assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all
Federal grants, loans, agreements, property, discounts or other Federal financial assistance extended after
the date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S. Department of
Transportation, and is binding on ADMINISTERING AGENCY, other recipients, subgrantees,
applicants, sub -applicants, transferees, successors in interest and other participants in the Federal -aid
Highway Program.
11 11/29/95
APPENDIX A TO EXHIBIT B
During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees
and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY) agrees as
follows:
(1) Compliance with Re lations: ADMINISTERING AGENCY shall comply with the
regulations relative to nondiscrimination in Federally assisted programs of the Department of
Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to
time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and
made a part of this agreement.
(2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by
it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin,
religion, age, or disability in the selection and retention of sub -applicants, including procurements of
materials and leases of equipment. ADMINISTERING AGENCY shall not participate either directly or
indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment
practices when the agreement covers a program set forth in Appendix B of the REGULATIONS.
(3) Solicitations for Sub -agreements. Including Procurements of Materials and Equipment: In
all solicitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY for
work to be performed under a Sub -agreement, including procurements of materials or leases of equipment,
each potential sub -applicant or supplier shall be notified by ADMINISTERING AGENCY of the
ADMINISTERING AGENCY's obligations under this Agreement and the REGULATIONS relative to
nondiscrimination on the grounds of race, color, or national origin.
(4) Information and Reports: ADMINISTERING AGENCY shall provide all information and
reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to
ADMINISTERING AGENCY's books, records, accounts, other sources of information, and its facilities
as may be determined by STATE or FHWA to be pertinent to ascertain compliance with such
REGULATIONS or directives. Where any information required of ADMINISTERING AGENCY is in
the exclusive possession of another who fails or refuses to furnish this information, ADMINISTERING
AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts
ADMINISTERING AGENCY has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY's
noncompliance with the nondiscrimination provisions of this agreement, STATE shall impose such
agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(a) withholding of payments to ADMINISTERING AGENCY under the Agreement until
ADMINISTERING AGENCY complies; and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part.
(6) Incorporation of Provisions: ADMINISTERING AGENCY shall include the provisions of
paragraphs (1) through (6) in every sub -agreement, including procurements of materials and leases of
equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto.
ADMINISTERING AGENCY shall take such action with respect to any sub -agreement or procurement as
STATE or FHWA may direct as a means of enforcing such provisions including sanctions for
noncompliance, provided, however, that, in the event ADMINISTERING AGENCY becomes involved
in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction,
ADMINISTERING AGENCY may request STATE enter into such litigation to protect the interests of
STATE, and, in addition, ADMINISTERING AGENCY may request the United States to enter into such
litigation to protect the interests of the United States.
12 11/29/95
APPENDIX B TO EXHIBIT B
The following clauses shall be included in any and all deeds effecting or recording the transfer of
PROJECT real property, structures or improvements thereon, or interest therein from the United States.
(GRANTING CLAUSE)
NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the
condition that ADMINISTERING AGENCY will accept title to the lands and maintain the project
constructed thereon, in accordance with Title 23, United States Code, the Regulations for the
Administration of Federal -aid for Highways and the policies and procedures prescribed by the Federal
Highway Administration of the Department of Transportation and, also in accordance with and in
compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil
Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim
and convey unto the ADMINISTERING AGENCY all the right, title, and interest of the U.S. Department
of Transportation in, and to, said lands described in Exhibit "A" attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY
and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations
herein contained as follows, which will remain in effect for the period during which the real property or
structures are used for a purpose for which Federal financial assistance is extended or for another purpose
involving the provision of similar services or benefits and shall be binding on ADMINISTERING
AGENCY, its successors and assigns.
ADMINISTERING AGENCY, in consideration of the conveyance of said lands and interests in
lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and
assigns,
(1) that no person shall on the grounds of race, color, sex, national origin, religion, age or
disability, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination with regard to any facility located wholly or in part on, over, or
under such lands hereby conveyed (;) (and) *
(2) that ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed,
in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Non-discrimination in Federally -assisted programs of the Department of Transportation -
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be
amended (;) and
(3) that in the event of breach of any of the above -mentioned nondiscrimination conditions, the
U.S. Department of Transportation shall have a right to re-enter said lands and facilities on
said land, and the above -described land and facilities shall thereon revert to and vest in and
become the absolute property of the U.S. Department of Transportation and its assigns as
such interest existed prior to this deed.*
* Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
13 11/29/95
APPENDIX C TO EXHIBIT B
The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar
instruments entered into by ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7(a)
of Exhibit B.
The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree (in the case of deeds and leases add "as covenant running with the land") that in the
event facilities are constructed, maintained, or otherwise operated on the said property described in this
(deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation program
or activity is extended or for another purpose involving the provision of similar services or benefits, the
(grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services in
compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations,
U.S. Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in
Federally -assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil
Rights Act of 1964, and as said Regulations may be amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re-enter and repossess
said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been
made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
AGENCY shall have the right to re-enter said land and facilities thereon, and the above -described lands
and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING
AGENCY and its assigns.
* Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
14 11/29/95
APPENDIX D TO EXHIBIT B
The following shall be included in all deeds, licenses, leases, permits, or similar agreements
entered into by the ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7 (b) of
Exhibit B.
The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal
representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby
covenant and agree (in the case of deeds, and leases add "as a covenant running with the land") that:
(1) no person on the ground of race, color, sex, national origin, religion, age or disability,
shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in
the use of said facilities;
(2) that in the construction of any improvements on, over, or under such land and the
furnishing of services thereon, no person on the ground of race, color, sex, national origin, religion, age
or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination; and
(3) that the (grantee, licensee, lessee, permittee, etc.,) shall use the premises in compliance
with the Regulations.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess
said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been
made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
AGENCY shall have the right to re-enter said land and facilities thereon, and the above -described lands
and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING
AGENCY, and its assigns.
* Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
15 11/29/95
• MASTER AGREEMENT
ADMINISTERING AGENCY -STATE AGREEMENT FOR
FEDERAL -AID PROJECTS
08 City of La Quinta
District Administering Agency
Agreement No. 08-5433R
This AGREEMENT, is entered into effective this 3) day of OCEDBiSK , 2006, by and
between the City of La Quinta, hereinafter referred to as "ADMINISTERING AGENCY," and the
State of California, acting by and through its Department of Transportation (Caltrans), hereinafter
referred to as "STATE, and together referred to as "PARTIES" or individually as a "PARTY."
RECITALS:
1. WHEREAS, the Congress of the United States has enacted the Intermodal Surface
Transportation Efficiency Act (ISTEA) of 1991 and subsequent Transportation Authorization Bills
to fund transportation programs. These transportation programs include, but are not limited to, the
Surface Transportation Program (STP), the Congestion Mitigation and Air Quality Improvement
Program (CMAQ), the Transportation Enhancement Program (TE), Highway Safety Improvement
Program (HSIP) and the Highway Bridge Program (HBP) (collectively the "PROGRAMS"); and
2. WHEREAS, the Legislature of the State of California has enacted legislation by which certain
federal -aid funds may be made available for use on local transportation related projects of public
entities qualified to act as recipients of these federal -aid funds in accordance with the intent of
federal law; and
3. WHEREAS, before federal -funds will be made available for a specific program project,
ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish
terms and conditions applicable to the ADMINISTERING AGENCY when receiving federal funds
for a designated PROJECT facility and to the subsequent operation and maintenance of that
completed facility.
NOW, THEREFORE, the PARTIES agree as follows:
Pagel of 26
ARTICLE I - PROJECT ADMINISTRATION
1. This AGREEMENT shall have no force or effect with respect to any program project unless and
until a project -specific Program Supplement to this AGREEMENT for federal -aid projects,
hereinafter referred to as "PROGRAM SUPPLEMENT', has been fully executed by both STATE
and ADMINISTERING AGENCY.
2. The term "PROJECT', as used herein, means that authorized transportation related project and
related activities financed in part with federal -aid funds as more fully -described in an
"Authorization/ Agreement Summary" or "Amendment/Modification Summary", herein referred to
as "E-76" or "E-76 (AMOD)" document authorized by STATE or the Federal Highway
Administration (FHWA).
3. The E-76/E-76(AMOD) shall designate the party responsible for implementing PROJECT, type
of work and location of PROJECT.
4. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the
ADMINISTERING AGENCY to receive federal -aid funds from/through STATE for designated
PROJECT. The PROGRAM SUPPLEMENT shall also show these Federal Funds that have been
initially encumbered for PROJECT along with the matching funds to be provided by
ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the
PARTIES shall cause ADMINISTERING AGENCY to adopt all of the terms of this AGREEMENT
as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly
delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written
concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the
governing body of ADMINISTERING AGENCY.
5. ADMINISTERING AGENCY agrees to execute and return each project -specific PROGRAM
SUPPLEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may suspend
future authorizations/obligations and invoice payments for any on -going or future federal -aid
project performed by ADMINISTERING AGENCY if any project -specific PROGRAM
SUPPLEMENT is not returned within that ninety (90) day period unless otherwise agreed by
STATE in writing.
6. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of
Federal Funds encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to
comply with the terms and conditions of this AGREEMENT and all of the agreed -upon Special
Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and
Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the
specific PROJECT.
7. Federal, State and matching funds will not participate in PROJECT work performed in advance
of the approval of the E-76 or E-76 (AMOD), unless otherwise stated in the executed project -
specific PROGRAM SUPPLEMENT. ADMINISTERING AGENCY agrees that it will only proceed
with the work authorized for that specific phase(s) on the project -specific E-76 or E-76 (AMOD).
ADMINISTERING AGENCY further agrees to not proceed with future phases of PROJECT prior to
receiving an E-76 (AMOD) from STATE for that phase(s) unless no Further Federal funds are
needed or for those future phase(s).
Page 2 of 26
8. That PROJECT or portions thereof, must be included in a federally approved Federal Statewide
Transportation Improvement Program (FSTIP) prior to ADMINISTERING AGENCY submitting the
"Request for Authorization".
9. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures
(including those set forth in the Local Assistance Procedures Manual and the Local Assistance
Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES")
relating to the federal -aid program, all Title 23 federal requirements, and all applicable federal
laws, regulations, and policy and procedural or instructional memoranda, unless otherwise
specifically waived as designated in the executed project -specific PROGRAM SUPPLEMENT.
10. If PROJECT is not on STATE -owned right of way, PROJECT shall be constructed in
accordance with LOCAL ASSISTANCE PROCEDURES that describes minimum statewide design
standards for local agency streets and roads. LOCAL ASSISTANCE PROCEDURES for projects
off the National Highway System (NHS) allow STATE to accept either the STATE's minimum
statewide design standards or the approved geometric design standards of ADMINISTERING
AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY -
approved standard specifications, standard plans, materials sampling and testing quality
assurance programs that meet the conditions described in the then current LOCAL ASSISTANCE
PROCEDURES.
11. If PROJECT involves work within or partially within STATE -owned right-of-way, that
PROJECT shall also be subject to compliance with the policies, procedures and standards of the
STATE Project Development Procedures Manual and Highway Design Manual and where
appropriate, an executed cooperative agreement between STATE and ADMINISTERING
AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES.
ADMINISTERING AGENCY and its' contractors shall each obtain an encroachment permit
through STATE prior to commencing any work within STATE rights of way or work which affects
STATE facilities.
12. 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 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 under the contract.
13. If PROJECT is using STATE funds, the Department of General Services, Division of the State
Architect, or its designee, shall review the contract PS&E for the construction of buildings,
structures, sidewalks, curbs and related facilities for accessibility and usability. ADMINISTERING
AGENCY shall not award a PROJECT construction contract for these types of improvements until
the State Architect has issued written approval stating that the PROJECT plans and specifications
comply with the provisions of sections 4450 and 4454 of the California Government Code, if
applicable. Further requirements and guidance are provided in Title 24 of the California Code of
Regulations.
14. ADMINISTERING AGENCY will advertise, award and administer PROJECT in accordance
with the current LOCAL ASSISTANCE PROCEDURES unless otherwise stated in the executed
project -specific PROGRAM SUPPLEMENT.
Page 3 of 26
n
15. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection
of each PROJECT. While consultants may perform supervision and inspection work for
PROJECT with a fully qualified and licensed engineer, ADMINISTERING AGENCY shall provide a
full-time employee to be in responsible charge of each PROJECT.
16. ADMINISTERING AGENCY shall submit PROJECT -specific contract award documents to
STATE's District Local Assistance Engineer within sixty (60) days after contract award. A copy of
the award documents shall also be included with the submittal of the first invoice for a construction
contract by ADMINISTERING AGENCY to: Department of Transportation, Division of Accounting
Local Programs Accounting branch, MS #33, PO Box 942874, Sacramento, California 94274-
0001.
17. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute
a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure
by ADMINISTERING AGENCY to submit a "Report of Expenditures" within one hundred
eighty(180) days of project completion will result in STATE imposing sanctions upon
ADMINISTERING AGENCY in accordance with the current LOCAL ASSISTANCE
PROCEDURES.
18. ADMINISTERING AGENCY shall comply with: (i) section 504 of the Rehabilitation Act of 1973
which prohibits discrimination on the basis of disability in federally assisted programs; (ii) the
Americans with Disabilities Act (ADA) of 1990 which prohibits discrimination on the basis of
disability irrespective of funding; and (iii) all applicable regulations and guidelines issued pursuant
to both the Rehabilitation Act and the ADA.
19. The Congress of the United States, the Legislature of the State of California and the Governor
of the State of California, each within their respective jurisdictions, have prescribed certain
nondiscrimination requirements with respect to contract and other work financed with public funds.
ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT
PRACTICES ADDENDUM (Exhibit A attached hereto) and the NONDISCRIMINATION
ASSURANCES (Exhibit B attached hereto). ADMINISTERING AGENCY further agrees that any
agreement entered into by ADMINISTERING AGENCY with a third party for performance of
PROJECT -related work shall incorporate Exhibits A and B (with third parry's name replacing
ADMINISTERING AGENCY) as essential parts of such agreement to be enforced by that third
party as verified by ADMINISTERING AGENCY.
Page 4 of 26
ARTICLE II - RIGHTS OF WAY
1. No contract for the construction of a federal -aid PROJECT shall be awarded until all necessary
rights of way have been secured. Prior to the advertising for construction of PROJECT,
ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence
that all necessary rights of way are available for construction purposes or will be available by the
time of award of the construction contract.
2. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability
that may result in the event the right of way for a PROJECT, including, but not limited to, being
clear as certified or if said right of way is found to contain hazardous materials requiring treatment
or removal to remediate in accordance with Federal and State laws. The furnishing of right of way
as provided for herein includes, in addition to all real property required for the PROJECT, title free
and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by
applicable law, of relocation costs and damages to remainder real property not actually taken but
injuriously affected by PROJECT. ADMINISTERING AGENCY shall pay, from its own non -
matching funds, any costs which arise out of delays to the construction of PROJECT because
utility facilities have not been timely removed or relocated, or because rights of way were not
available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work.
3. Subject to STATE approval and such supervision as is required by LOCAL ASSISTANCE
PROCEDURES over ADMINISTERING AGENCY's right of way acquisition procedures,
ADMINISTERING AGENCY may claim reimbursement from Federal Funds for expenditures
incurred in purchasing only the necessary rights of way needed for the PROJECT after crediting
PROJECT with the fair market value of any excess property retained and not disposed of by
ADMINISTERING AGENCY.
4. When real property rights are to be acquired by ADMINISTERING AGENCY for a PROJECT,
said ADMINISTERING AGENCY must carry out that acquisition in compliance with all applicable
State and Federal laws and regulations, in accordance with State procedures as published in
State's current LOCAL ASSISTANCE PROCEDURES and STATE's Right -of -Way Manual,
subject to STATE oversight to ensure that the completed work is acceptable under the Federal
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
5. Whether or not federal -aid is to be requested for right of way, should ADMINISTERING
AGENCY, in acquiring right of way for PROJECT, displace an individual, family, business, farm
operation, or non-profit organization, relocation payments and services will be provided as set
forth in 49 CFR, Part 24. The public will be adequately informed of the relocation payments and
services which will be available, and, to the greatest extent practicable, no person lawfully
occupying real property shall be required to move from his/her dwelling or to move his/her
business or farm operation without at least ninety (90) days written notice from ADMINISTERING
AGENCY. ADMINISTERING AGENCY will provide STATE with specific assurances, on each
portion of the PROJECT, that no person will be displaced until comparable decent, safe and
sanitary replacement housing is available within a reasonable period of time prior to displacement,
and that ADMINISTERING AGENCY's relocation program is realistic and adequate to provide
orderly, timely and efficient relocation of PROJECT- displaced persons as provided in 49 CFR,
Page 5 of 26
Part 24.
6, ADMINISTERING AGENCY shall, along with recording the deed or instrument evidencing title
in the name of the ADMINISTERING AGENCY or their assignee, shall also record an Agreement
Declaring Restrictive Covenants (ADRC) as a separate document incorporating the assurances
included within Exhibits A and B and Appendices A, B, C and D of the AGREEMENT, as
appropriate.
Page 6 of 26
ARTICLE III - MAINTENANCE AND MANAGEMENT
1, ADMINISTERING AGENCY will maintain and operate the property acquired, developed,
constructed, rehabilitated, or restored by PROJECT 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 PROJECT property may transfer
this obligation and responsibility to maintain and operate PROJECT property for that intended
public purpose to another public entity.
2. Upon ADMINISTERING AGENCY's acceptance of the completed federal -aid construction
contract or upon contractor being relieved of the responsibility for maintaining and protecting
PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership,
liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized
representatives of STATE and FHWA and if PROJECT falls within the jurisdictional limits of
another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate
maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies
providing for the operation, maintenance, ownership and liability of PROJECT. Until those
agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT
operations, maintenance, ownership and liability in a manner satisfactory to the authorized
representatives of STATE and FHWA. If, within ninety (90) days after receipt of notice from
STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained
and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the
approval of future federal -aid projects of ADMINISTERING AGENCY will be withheld until the
PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE
and FHWA. The provisions of this section shall not apply to a PROJECT that has been vacated
through due process of law with STATE's concurrence.
3. PROJECT and its facilities shall be maintained by an adequate and well -trained staff of
engineers and/or such other professionals and technicians as PROJECT reasonably requires.
Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another
unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All
maintenance will be performed at regular intervals or as required for efficient operation of the
complete PROJECT improvements.
Page 7 of 26
ARTICLE IV - FISCAL PROVISIONS
1. All contractual obligations of STATE are subject to the appropriation of resources by the
Legislature and the allocation of resources by the California Transportation Commission (CTC).
2. STATE'S financial commitment of Federal Funds will occur only upon the execution of this
AGREEMENT, the authorization of the project -specific E-76 or E-76 (AMOD), the execution of
each project -specific PROGRAM SUPPLEMENT, and STATE's approved finance letter.
3. ADMINISTERING AGENCY may submit signed duplicate invoices in arrears for reimbursement
of participating PROJECT costs on a monthly or quarterly progress basis once the project -specific
PROGRAM SUPPLEMENT has been executed by STATE.
4. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six
(6) months commencing after the funds are encumbered on either the project -specific PROGRAM
SUPPLEMENT or through a project -specific finance letter approved by STATE. STATE reserves
the right to suspend future authorizations/obligations, and invoice payments for any on -going or
future federal -aid project by ADMINISTERING AGENCY if PROJECT costs have not been
invoiced by ADMINISTERING AGENCY for a six (6) month period
5. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address
of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE
PROCEDURES.
6. Invoices must have at least one copy of supporting backup documentation for costs incurred
and claimed for reimbursement by ADMINISTERING AGENCY. Acceptable backup
documentation includes, but is not limited to, agency's progress payment to the contractors,
copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a
computerized summary of PROJECT costs.
7. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursement of
actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY.
8. An Indirect Cost Rate Proposal and Central Service Cost Allocation Plan and related
documentation are to be provided to STATE (Caltrans Audits & Investigations) annually for review
and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect cost incurred
within each fiscal year being claimed for federal reimbursement.
9. Once PROJECT has been awarded, STATE reserves the right to de -obligate any excess
Federal Funds from the construction phase of PROJECT if the contract award amount is less than
the obligated amount, as shown on the PROJECT E-76 or E-76 (AMOD).
10. STATE will withhold the greater of either two (2) percent of the total of all Federal Funds
encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY
submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT
PROJECT.
Page 8 of 26
11. The estimated total cost of PROJECT, the amount of Federal Funds obligated, and the
required matching funds may be adjusted by mutual consent of the PARTIES hereto with a
finance letter, a detailed estimate, if required, and approved E-76 (AMOD). Federal -aid funding
may be increased to cover PROJECT cost increases only if such funds are available and FHWA
concurs with that increase.
12. When additional federal -aid funds are not available, ADMINISTERING AGENCY agrees that
the payment of Federal Funds will be limited to the amounts authorized on the PROJECT specific
E-76 / E-76 (AMOD) and agrees that any increases in PROJECT costs must be defrayed with
ADMINISTERING AGENCY's own funds.
13. ADMINISTERING AGENCY shall use its own non -Federal Funds to finance the local share of
eligible costs and all expenditures or contract items ruled ineligible for financing with Federal
Funds. STATE shall make the determination of ADMINISTERING AGENCY's cost eligibility for
federal fund financing of PROJECT costs.
14. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work
performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include
overhead assessments in accordance with section 8755.1 of the State Administrative Manual.
15. Federal and state funds allocated from the State Transportation Improvement Program (STIP)
are subject to the timely use of funds provisions enacted by Senate Bill 45, approved in 1997, and
subsequent STIP Guidelines and State procedures approved by the CTC and STATE.
16. Federal Funds encumbered for PROJECT are available for liquidation for a period of seven (7)
years from the beginning of the State fiscal year the funds were appropriated in the State Budget.
State funds encumbered for PROJECT are available for liquidation only for five (5) years from the
beginning of the State fiscal year the funds were appropriated in the State Budget. Federal or
state funds not liquidated within these periods will be reverted unless an Cooperative Work
Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California
Department of Finance (per Government Code section 16304). The exact date of fund reversion
will be reflected in the STATE signed finance letter for PROJECT.
17. Payments to ADMINISTERING AGENCY for PROJECT -related travel and subsistence (per
diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors
claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid
rank and file STATE employees under current State Department of Personnel Administration
(DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates,
ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments
inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on
demand within thirty (30) days of such invoice.
18. ADMINISTERING AGENCY agrees to comply with Office of Management and Budget (OMB)
Circular A-87, Cost Principles for State and Local Governments, and 49 CFR, Part 18, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments.
Page 9 of 26
19. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will
be obligated to agree that (a) Contract Cost Principles and Procedures, 48 CFR, Federal
Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the
allowability of individual PROJECT cost items and (b) those parties shall comply with federal
administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments. Every
sub -recipient receiving PROJECT funds as a contractor or sub -contractor under this
AGREEMENT shall comply with Federal administrative procedures in accordance with 49 CFR,
Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments.
20. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit
that are determined by subsequent audit to be unallowable under OMB Circular A-87, 48 CFR,
Chapter 1, Part 31 or 49 CFR, Part 18, are subject to repayment by ADMINISTERING AGENCY
to STATE. Should ADMINISTERING AGENCY fail to reimburse moneys due STATE within thirty
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 CTC.
21. Upon written demand by STATE, any overpayment to ADMINISTERING AGENCY of amounts
invoiced to STATE shall be returned to STATE.
22. Should ADMINISTERING AGENCY fail to refund any moneys due STATE as provided
hereunder or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete
PROJECT without adequate justification and approval by STATE, then, within thirty 30 days of
demand, or within such other period as may be agreed to in writing between the PARTIES,
STATE, acting through the State Controller, the State Treasurer, or any other public entity or
agency, may withhold or demand a transfer of an amount equal to the amount paid by or owed to
STATE from future apportionments, or any other funds due ADMINISTERING AGENCY from the
Highway Users Tax Fund or any other sources of funds, and/or may withhold approval of future
ADMINISTERING AGENCY federal -aid projects.
23. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or
otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint
powers authority, special district, or any other public entity not directly receiving funds through the
State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding
are available, including the withholding or transfer of funds, pursuant to Article IV - 22, from those
constituent entities comprising a joint powers authority or by bringing of an action against
ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by
STATE hereunder.
24. ADMINISTERING AGENCY acknowledges that the signatory party represents the
ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers
Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or
otherwise limit STATE's ability to recover State funds improperly spent by ADMINISTERING
AGENCY in contravention of the terms of this AGREEMENT.
Page 10 of 26
ARTICLE V
AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS
1. STATE reserves the right to conduct technical and financial audits of PROJECT work and
records when determined to be necessary or appropriate and ADMINISTERING AGENCY agrees,
and shall require its contractors and subcontractors to agree, to cooperate with STATE by making
all appropriate and relevant PROJECT records available for audit and copying as required by
paragraph three (3) of ARTICLE V.
2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain an
accounting system and records that properly accumulate and segregate incurred PROJECT costs
and matching funds by line item for the PROJECT. The accounting system of ADMINISTERING
AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting
Principles, enable the determination of incurred costs at interim points of completion, and provide
support for reimbursement payment vouchers or invoices sent to or paid by STATE.
3. For the purpose of determining compliance with Title 21, California Code of Regulations,
Chapter 21, section 2500 et seq., when applicable, and other matters connected with the
performance of ADMINISTERING AGENCY's contracts with third parties, ADMINISTERING
AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each
maintain and make available for inspection and audit all books, documents, papers, accounting
records, and other evidence pertaining to the performance of such contracts, including, but not
limited to, the costs of administering those various contracts. All of the above referenced parties
shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their
respective offices at all reasonable times during the entire PROJECT period and for three (3)
years from the date of final payment to ADMINISTERING AGENCY under any PROGRAM
SUPPLEMENT. STATE, the California State Auditor, or any duly authorized representative of
STATE or the United States, shall each have access to any books, records, and documents that
are pertinent to a PROJECT for audits, examinations, excerpts, and transactions and
ADMINISTERING AGENCY shall furnish copies thereof if requested.
4. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act
of OMB Circular 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 a PROGRAM SUPPLEMENT are a part of the
Catalogue of Federal Domestic Assistance (CFDA) 20.205, Highway Planning and Research.
5. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the
terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING
AGENCY's annual audit and in the schedule of projects to be examined under its single audit
prepared in accordance with OMB Circular A-133.
6. ADMINISTERING AGENCY shall not award a construction contract over $10,000 or other
contracts over $25,000 (excluding professional service contracts of the type which are required to
be procured in accordance with Government Code sections 4525 (d), (e) and (f) on the basis of a
noncompetitive negotiation for work to be performed under this AGREEMENT without the prior
written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as
local match credit, must meet the requirements set forth in this AGREEMENT regarding local
match funds.
Page 11 of 26
7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT
shall contain all of the provisions of ARTICLE IV, FISCAL PROVISIONS, and this ARTICLE V,
AUDITS, THIRD -PARTY CONTRACTING RECORDS RETENTION AND REPORTS, and shall
mandate that travel and per diem reimbursements and third -party contract reimbursements to
subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid
for by the subcontractors.
B. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match
funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the
same manner as required of all other PROJECT expenditures.
9. In addition to the above, the pre -award requirements of third -party contractor/consultants with
ADMINISTERING AGENCY should be consistent with LOCAL ASSISTANCE PROCEDURES.
Page 12 of 26
ARTICLE VI -FEDERAL LOBBYING ACTIVITIES CERTIFICATION
1. By execution of this AGREEMENT, ADMINISTERING AGENCY certifies, to the best of the
signatory officer's knowledge and belief, that:
A. No federal or state appropriated funds have been paid or will be paid, by or on behalf of
ADMINISTERING AGENCY, to any person for influencing or attempting to influence an officer or
employee of any STATE or federal agency, a member of the State Legislature or United States
Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of
the Legislature or Congress in connection with the awarding of any STATE or federal contract,
including this AGREEMENT, the making of any STATE or federal loan, the entering into of any
cooperative contract, and the extension, continuation, renewal, amendment, or modification of any
STATE or federal contract, grant, loan, or cooperative contract.
B. If any funds other than federal appropriated funds have been paid, or will be paid, to any
person for influencing or attempting to influence an officer or employee of any federal agency, a
member of Congress, an officer or employee of Congress or an employee of a member of
Congress in connection with this AGREEMENT, grant, local, or cooperative contract,
ADMINISTERING AGENCY shall complete and submit Standard Form-LLL, "Disclosure Form to
Rep Lobbying," in accordance with the form instructions.
C. This certification is a material representation of fact upon which reliance was placed when this
AGREEMENT and each PROGRAM SUPPLEMENT was or will be made or entered into.
Submission of this certification is a prerequisite for making or entering into this AGREEMENT
imposed by Section 1352, Title 31, United States Code. Any party who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
2. ADMINISTERING AGENCY also agrees by signing this AGREEMENT that the language of this
certification will be included in all lower tier sub -agreements which exceed $100,000 and that all
such sub -recipients shall certify and disclose accordingly.
Page 13 of 26
ARTICLE VII - MISCELLANEOUS PROVISIONS
1. ADMINISTERING AGENCY agrees to use all State funds reimbursed hereunder only for
transportation purposes that are in conformance with Article XIX of the California State
Constitution and the relevant Federal Regulations.
2. 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 manner.
3. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY,
when engaged in the performance of this AGREEMENT, shall act in an independent capacity and
not as officers, employees or agents of STATE or the federal government.
4. Each project -specific PROGRAM SUPPLEMENT shall separately establish the terms and
funding limits for each described PROJECT funded under the AGREEMENT. No federal or state
funds are obligated against this AGREEMENT.
5. ADMINISTERING AGENCY certifies that neither 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 STATE immediately in the event a suspension or a debarment
occurs after the execution of this AGREEMENT.
6. ADMINISTERING AGENCY warrants, by execution of this AGREEMENT, that no person or
selling agency has been employed or retained to solicit or secure this AGREEMENT upon an
agreement or understanding for a commission, percentage, brokerage, or contingent fee,
excepting bona fide employees or bona fide established commercial or selling agencies
maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or
violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay
only for the value of the work actually performed, or in STATE's discretion, to deduct from the
price of consideration, or otherwise recover, the full amount of such commission, percentage,
brokerage, or contingent fee.
7. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby
certifies under penalty of perjury that no more than one final unappealable finding of contempt of
court by a federal court has been issued against ADMINISTERING AGENCY within the immediate
preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an
order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the
National Labor Relations Board.
8. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with
STATE, FHWA or FTA that may have an impact upon the outcome of this AGREEMENT.
ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in
the outcome of this AGREEMENT.
9. ADMINISTERING AGENCY hereby certifies that it does not now have nor shall it acquire any
financial or business interest that would conflict with the performance of PROJECT under this
Page 14 of 26
AGREEMENT.
10. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or secured
through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE
employee. For breach or violation of this warranty, STATE shall have the right, in its discretion, to
terminate this AGREEMENT without liability, to pay only for the work actually performed, or to
deduct from the PROGRAM SUPPLEMENT price or otherwise recover the full amount of such
rebate, kickback, or other unlawful consideration.
11. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed
of by agreement shall be decided by the STATE's Contract Officer who may consider any written
or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract
Officer, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact
considered and determined by the Contract Officer.
12. Neither the pending of a dispute nor its consideration by the Contract Officer will excuse
ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this
AGREEMENT.
13. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any
injury, damage or liability occurring by reason of anything done or omitted to be done by, under or
in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is
understood and agreed that STATE shall fully defend, indemnity and save harmless the
ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions
of every name, kind and description brought forth under, including, but not limited to, tortuous,
contractual, inverse condemnation and other theories or assertions of liability occurring by reason
of anything done or omitted to be done by STATE under this AGREEMENT.
14. Neither STATE nor any officer or employee thereof shall be responsible for any injury, 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 arising under this
AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend,
indemnify and save harmless STATE and all of its officers and employees from all claims, suits or
actions of every name, kind and description brought forth under, including, but not limited to,
tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by
reason of anything done or omitted to be done by ADMINISTERING AGENCY under this
AGREEMENT.
15. STATE reserves the right to terminate funding for any PROJECT upon written notice to
ADMINISTERING AGENCY in the event that ADMINISTERING AGENCY fails to proceed with
PROJECT work in accordance with the project -specific PROGRAM SUPPLEMENT, the bonding
requirements if applicable, or otherwise violates the conditions of this AGREEMENT and/or
PROGRAM SUPPLEMENT, or the funding allocation such that substantial performance is
significantly endangered.
Page 15 of 26
16. No termination shall become effective if, within thirty (30) days after receipt of a Notice of
Termination, ADMINISTERING AGENCY either cures the default involved or, if not reasonably
susceptible of cure within said thirty (30) day period, ADMINISTERING AGENCY proceeds
thereafter to complete the cure in a manner and time line acceptable to STATE. Any such
termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of
Termination, which notice shall become effective not less than thirty (30) days after receipt,
specifying the reason for the termination, the extent to which funding of work under this
AGREEMENT is terminated and the date upon which such termination becomes effective, if
beyond thirty (30) days after receipt. During the period before the effective termination date,
ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event
of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by
STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY, STATE
shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the
PROGRAM SUPPLEMENT and/or STATE approved finance letter prior to termination, provided,
however, ADMINISTERING AGENCY is not in default of the terms and conditions of this
AGREEMENT or the project -specific PROGRAM SUPPLEMENT and that the cost of PROJECT
completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY.
17. In case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project -
specific PROGRAM SUPPLEMENT, the terms stated in that PROGRAM SUPPLEMENT shall
prevail over those in this AGREEMENT.
18. Without the written consent of STATE, this AGREEMENT is not assignable by
ADMINISTERING AGENCY either in whole or in part.
19. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in
writing and signed by the PARTIES, and no oral understanding or agreement not incorporated
herein shall be binding on any of the PARTIES.
IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT by their duly
authorized officers.
STATE OF CALIFORNIA
DEPARTMENT OF TR NSPORTATION
By /J ,
Chief, Office of Project Implementation
Division of Local Assistance
City of La Quinta
By
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6- P IA-Ja yt.
City of a Quinta
Representative Name & Title
(Authorized Governing Body Representative)
Date 1Z�� o
Page 16 of 26
EXHIBIT A
FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against
any employee for employment because of race, color, sex, sexual orientation, religion, ancestry or
national origin, physical disability, medical condition, marital status, political affiliation, family and
medical care leave, pregnancy leave, or disability leave. ADMINISTERING AGENCY will take
affirmative action to ensure that employees are treated during employment without regard to their
race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical
condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or
disability leave. Such action shall include, but not be limited to, the following: employment;
upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including apprenticeship.
ADMINISTERING AGENCY shall post in conspicuous places, available to employees for
employment, notices to be provided by STATE setting forth the provisions of this Fair Employment
section.
2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the
provisions of the Fair Employment and Housing Act (Government Code Section 1290-0 et seq.),
and the applicable regulations promulgated thereunder (California code of Regulations, Title 2,
Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing
Commission implementing Government Code, Section 12900(a-% set forth in Chapter 5 of
Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT
by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING
AGENCY'S contractors and all subcontractors shall give written notice of their obligations under
this clause to labor organizations with which they have a collective bargaining or other
agreements, as appropriate.
3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of
this clause in all contracts and subcontracts to perform work under this AGREEMENT.
4. ADMINISTERING AGENCY will permit access to the records of employment, employment
advertisements, application forms, and other pertinent data and records by STATE, the State Fair
Employment and Housing Commission, or any other agency of the State of California designated
by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment
section of this Agreement.
5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred
upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING
AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing
Commission that it has investigated and determined that ADMINISTERING AGENCY has violated
the Fair Employment Practices Act and had issued an order under Labor Code Section 1426
which has become final or has obtained an injunction under Labor Code Section 1429.
Page 17 of 26
(b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate
this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing
the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and
by the surety under the performance bond, if any, and STATE may deduct from any moneys due
or thereafter may become due to ADMINISTERING AGENCY, the difference between the price
named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING
AGENCY's breach of this Agreement.
Page 18 of 26
EXHIBIT B
NONDISCRIMINATION ASSURANCES
ADMINISTERING AGENCY HEREBY AGREES THAT, as a condition to receiving any federal
financial assistance from the STATE, acting for the U.S. Department of Transportation, it will
comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C.
2000d-4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title
49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the
Secretary, Part 21, "Nondiscrimination in Federally -Assisted Programs of the Department of
Transportation - Effectuation of Title VI of the Civil Rights Act of 1964" (hereinafter referred to as
the REGULATIONS), the Federal -aid Highway Act of 1973, and other pertinent directives, to the
end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in
the United States shall, on the grounds of race, color, sex, national origin, religion, age or
disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which ADMINISTERING AGENCY receives
federal financial assistance from the Federal Department of Transportation. ADMINISTERING
AGENCY HEREBY GIVES ASSURANCE THAT ADMINISTERING AGENCY will promptly take
any measures necessary to effectuate this agreement. This assurance is required by subsection
21.7(a) (1) of the REGULATIONS.
More specifically, and without limiting the above general assurance, ADMINISTERING AGENCY
hereby gives the following specific assurances with respect to its federal -aid Program:
1. That ADMINISTERING AGENCY agrees that each "program" and each "facility" as defined in
subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a "program")
conducted, or will be (with regard to a "facility") operated in compliance with all requirements
imposed by, or pursuant to, the REGULATIONS.
2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations for bids
for work or material subject to the REGULATIONS made in connection with the federal -aid
Program and, in adapted form, in all proposals for negotiated agreements:
ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively insure that in any
agreement entered into pursuant to this advertisement, minority business enterprises will be
afforded full opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, sex, national origin, religion, age, or disability in
consideration for an award.
3. That ADMINISTERING AGENCY shall insert the clauses of Appendix A of this assurance in
every agreement subject to the ACT and the REGULATIONS.
4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with
the land, in any deed effecting a transfer of real property, structures, or improvements thereon, or
interest therein.
Page 19 of 26
5. That where ADMINISTERING AGENCY receives federal financial assistance to construct a
facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in
connection therewith.
6. That where ADMINISTERING AGENCY receives federal financial assistance in the form, or for
the acquisition, of real property or an interest in real property, the Assurance shall extend to rights
to space on, over, or under such property.
7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in Appendix C
and D of this Assurance, as a covenant running with the land, in any future deeds, leases, permits,
licenses, and similar agreements entered into by the ADMINISTERING AGENCY with other
parties:
Appendix C;
(a) for the subsequent transfer of real property acquired or improved under the federal -aid
Program; and
Appendix D;
(b) for the construction or use of or access to space on, over, or under real property acquired, or
improved under the federal -aid Program.
8. That this assurance obligates ADMINISTERING AGENCY for the period during which federal
financial assistance is extended to the program, except where the federal financial assistance is to
provide, or is in the form of, personal property or real property or interest therein, or structures, or
improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any
transferee for the longer of the following periods:
(a) the period during which the property is used for a purpose for which the federal financial
assistance is extended, or for another purpose involving the provision of similar services or
benefits; or
(b) the period during which ADMINISTERING AGENCY retains ownership or possession of the
property.
9. That ADMINISTERING AGENCY shall provide for such methods of administration for the
program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates
specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients,
sub -grantees, applicants, sub -applicants, transferees, successors in interest, and other
participants of federal financial assistance under such program will comply with all requirements
imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the Agreement.
10. That ADMINISTERING AGENCY agrees that the United States and the State of California
have a right to seek judicial enforcement with regard to any matter arising under the ACT, the
REGULATIONS, and this Assurance.
Page 20 of 26
11. 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 STATE assisted contract or in
the administration on its DBE Program or the requirements of 49 CFR Part 26. ADMINISTERING
AGENCY shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non
discrimination in the award and administration of STATE assisted contracts. ADMINISTERING
AGENCY'S DBE Race -Neutral Implementation Agreement is incorporated by reference in this
AGREEMENT. Implementation of this program is a legal obligation and failure to carry out its
terms shall be treated as a violation of this agreement. Upon notification to the recipient of its
failure to carry out its approved DBE Race -Neutral Implementation Agreement, STATE may
impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the
matter for enforcement under 18 USC 1001 and/or the Program Fraud Civil Remedies Act of 1985
(31 USC 3801 es seq.)
THESE ASSURANCES are given in consideration of and for the purpose of obtaining any and all
federal grants, loans, agreements, property, discounts or other federal financial assistance
extended after the date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S.
Department of Transportation, and is binding on ADMINISTERING AGENCY, other recipients,
subgrantees, applicants, sub -applicants, transferees, successors in interest and other participants
in the federal -aid Highway Program.
Page 21 of 26
APPENDIX A TO EXHIBIT B
During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees
and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY)
agrees as follows:
(1) Compliance with Regulations: ADMINISTERING AGENCY shall comply with the regulations
relative to nondiscrimination in federally assisted programs of the Department of Transportation,
Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time,
(hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and
made a part of this agreement.
(2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by it during
the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin,
religion, age, or disability in the selection and retention of sub -applicants, including procurements
of materials and leases of equipment. ADMINISTERING AGENCY shall not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS,
including employment practices when the agreement covers a program set forth in Appendix B of
the REGULATIONS.
(3) Solicitations for Sub -agreements, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY for
work to be performed under a Sub -agreement, including procurements of materials or leases of
equipment, each potential sub -applicant or supplier shall be notified by ADMINISTERING
AGENCY of the ADMINISTERING AGENCY's obligations under this Agreement and the
REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin.
(4) Information and Reports: ADMINISTERING AGENCY shall provide all information and reports
required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to
ADMINISTERING AGENCY's books, records, accounts, other sources of information, and its
facilities as may be determined by STATE or FHWA to be pertinent to ascertain compliance with
such REGULATIONS or directives. Where any information required of ADMINISTERING
AGENCY is in the exclusive possession of another who fails or refuses to furnish this information,
ADMINISTERING AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set
forth what efforts ADMINISTERING AGENCY has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY's noncompliance
with the nondiscrimination provisions of this agreement, STATE shall impose such agreement
sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(a) withholding of payments to ADMINISTERING AGENCY under the Agreement within a
reasonable period of time, not to exceed 90 days; and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part.
Page 22 of 26
(6) Incorporation of Provisions: ADMINISTERING AGENCY shall include the provisions of
paragraphs (1) through (6) in every sub -agreement, including procurements of materials and
leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto.
ADMINISTERING AGENCY shall take such action with respect to any sub -agreement or
procurement as STATE or FHWA may direct as a means of enforcing such provisions including
sanctions for noncompliance, provided, however, that, in the event ADMINISTERING AGENCY
becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of
such direction, ADMINISTERING AGENCY may request STATE enter into such litigation to
protect the interests of STATE, and, in addition, ADMINISTERING AGENCY may request the
United States to enter into such litigation to protect the interests of the United States.
Page 23 of 26
APPENDIX B TO EXHIBIT B
The following clauses shall be included in any and all deeds effecting or recording the transfer of
PROJECT real property, structures or improvements thereon, or interest therein from the United
States.
(GRANTING CLAUSE)
NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the
condition that ADMINISTERING AGENCY will accept title to the lands and maintain the project
constructed thereon, in accordance with Title 23, United States Code, the Regulations for the
Administration of federal -aid for Highways and the policies and procedures prescribed by the
Federal Highway Administration of the Department of Transportation and, also in accordance with
and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of
the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise,
release, quitclaim and convey unto the ADMINISTERING AGENCY all the right, title, and interest
of the U.S. Department of Transportation in, and to, said lands described in Exhibit "A" attached
hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY and
its successors forever, subject, however, to the covenant, conditions, restrictions and reservations
herein contained as follows, which will remain in effect for the period during which the real
property or structures are used for a purpose for which federal financial assistance is extended or
for another purpose involving the provision of similar services or benefits and shall be binding on
ADMINISTERING AGENCY, its successors and assigns.
ADMINISTERING AGENCY, in consideration of the conveyance of said lands and interests in
lands, does hereby covenant and agree as a covenant running with the land for itself, its
successors and assigns,
(1) that no person shall on the grounds of race, color, sex, national origin, religion, age or
disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination with regard to any facility located wholly or in part on, over, or under such lands
hereby conveyed (;) (and) *
(2) that ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed, in
compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in
federally -assisted programs of the Department of Transportation - Effectuation of Title VI of the
Civil Rights Act of 1964, and as said Regulations may be amended (;) and
(3) that in the event of breach of any of the above -mentioned nondiscrimination conditions, the
U.S. Department of Transportation shall have a right to re-enter said lands and facilities on said
land, and the above -described land and facilities shall thereon revert to and vest in and become
the absolute property of the U.S. Department of Transportation and its assigns as such interest
existed prior to this deed.*
* Reverter clause and related language to be used only when it is determined that such a clause is
Page 24 of 26
necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
APPENDIX C TO EXHIBIT B
The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar
instruments entered into by ADMINISTERING AGENCY, pursuant to the provisions of Assurance
7(a) of Exhibit B.
The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree (in the case of deeds and leases add "as covenant running with the
land") that in the event facilities are constructed, maintained, or otherwise operated on the said
property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S.
Department of Transportation program or activity is extended or for another purpose involving the
provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.), shall
maintain and operate such facilities and services in compliance with all other requirements
imposed pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation,
Subtitle A, Office of Secretary, Part 21, Nondiscrimination in federally -assisted programs of the
Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said
Regulations may be amended.
(Include in licenses, leases, permits, etc.)'
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re-enter and
repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit,
etc.) had never been made or issued.
(Include in deeds)`
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
AGENCY shall have the right to re-enter said land and facilities thereon, and the above -
described lands and facilities shall thereupon revert to and vest in and become the absolute
property of ADMINISTERING AGENCY and its assigns.
Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
Page 25 of 26
APPENDIX D TO EXHIBIT B
The following shall be included in all deeds, licenses, leases, permits, or similar agreements
entered into by the ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7 (b) of
Exhibit B.
The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal
representatives, successors in interest and assigns, as a part of the consideration hereof, does
hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the
land") that:
(1) no person on the ground of race, color, sex, national origin, religion, age or disability, shall be
excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in
the use of said facilities;
(2) that in the construction of any improvements on, over, or under such land and the furnishing of
services thereon, no person on the ground of race, color, sex, national origin, religion, age or
disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected
to discrimination; and
(3) that the (grantee, licensee, lessee, permittee, etc.,) shall use the premises in compliance with
the Regulations.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and
repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit,
etc.) had never been made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
AGENCY shall have the right to re-enter said land and facilities thereon, and the above -
described lands and facilities shall thereupon revert to and vest in and become the absolute
property of ADMINISTERING AGENCY, and its assigns.
* Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
Page 26 of 26
Date: March 28, 1997
PROGRAM SUPPLEMENT NO. M001 Location: 08-RIV-0-LQNT
to Project Number: STPL-5433(001)
AGENCY -STATE AGREEMENT E.A. Number: 08-955933
FOR FEDERAL -AID PROJECTS NO. 08-5433
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 S //� and is subject to all the terms and
conditions thereof. his Program Supplement is adopted in accordance
with Article I of the aforementioned Master Agreement under authority
of Resolution No. /ND-e,) 7-5(a , approved by the Agency on (See
copy attached).
The Agency further stipulates that as a condition to payment of funds
obligated to this project, it accepts and will comply with the covenants or
remarks setforth on the following pages.
PROJECT. TERMINI:
IN THE CITY OF LA QUINTA ON JEFFERSON STREET FROM 1600' SOUTH OF
STATE ROUTE ill TO 1000' SOUTH OF AVENUE 50
TYPE OF WORK: PAVEMENT REHABILITATION LENGTH: 1.5 (MILES)
PROJECT CLASSIFICATION OR PHASE(S) OF WORK
[ ] Preliminary Engineering [ ] Right-of-way [ ]
[X] Construction Engineering [X] Construction
Estimated Cost Federal Funds I Matching Funds
Local OTHER OTHER
$ 186378 33D $ 160000 $ 26378 $ 0 $ 0
$ 0
City of La Quinta STATE OF CALIFORNIA
Departmen of Tr portation
By By
Chief; Office of Local Programs
Project Implementation
Date /-IV —/S'%
Attest
Title
Date -,5'--5 9 %
I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Office 4 ate .3 '� 0 '9,7 $ 160000. 00
�Pw
!:!!��
VM1
Chapter[ Statutes Item )ear Program 1HC1 Fund Source I AMOUNT
162 1996 2660-101-890 96-97 20.30.010.810 C 262040 692-F 160000.00
Page 1 of 2
CERTIFICATION OF
MINUTE ORDER ACTION
MOTION - It was moved by Council Members Henderson/Adolph to
authorize the City Manager to Execute Agency -State Supplemental
Agreement STPL 5433 (002) covering: construction of the Dune Palms Road
@Whitewater Channel Improvement Project, City Project No. 97-06.
Motion carried unanimously.
MINUTE ORDER NO. 97-157.
STATE OF CALIFORNIA 1
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby
certify that the foregoing is a full, true and correct excerpt of the La Quinta City
Council minutes of October 7, 1997.
Da e : October 20, 1997
414_�
SAUNDRA L. JUHOLA, Secretary
La Quinta Redevelopment Agency
STATE OF CALIFORNIA — BUSINESS, TRANSPORTATION AND HOUSING AGENCY PETE WILSON, Governor
DEPARTMENT OF TRANSPORTATION RECEIVED
DESIGN AND LOCAL PROGRAMS
P.O. BOX 942874, MS #1
SACRAMENTO, CA 94274-0001
TDD (916) 654-401.4 N O V 2 4 1997
(916) 654-3151
Fax: (916) 654-2409
November 10, 1997 PUBLIC WORKS
File: 08-RIV-0-LQNT
STPL-5433(002)
IN THE CITY OF LA QUINTA ON DUNE
PALMS ROAD AT WHITEWATER
CHANNEL
Mr. Chris A. Vogt
Director of Public Works
City of La Quinta
P.O. Box 1504
La Quinta„ CA 92253
Dear Mr. Vogt:
Enclosed is your fully executed copy of Program Supplement Agreement No. 002-M to Administering
Agency -State Agreement No. 08-5433 covering: Construction for the above -referenced project.
Enclosure:
cc: OLP AE Project Files
(08) DLAE- Louis Flores
Sincerely,
44�� "Oe -
HERB REINL, Chief
Project Implementation
Office of Local Program
EXCLTRFD.FRX
"We'll Find a Way"
08-RIV-0-LQNT
STPL-5433(001)
DATE: 03/28/97
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 FNM-76, and accepts
any increases in Local Agency Funds as shown on the Finance or
Bid Letter or its modification as prepared by the Office of Local
Programs.
3. This agreement supplements the Local Agency -State Master
Agreement for Federal -Aid projects, with the understanding that
all provisions of the 1991 Intermodal Surface Transportation
Efficiency Act (ISTEA) apply.
4. The Local Agency will advertise, award and administer this
project in accordance with the current Local Program Procedures
or the new Local Programs Manual, when issued.
5. In executing this Program Supplemental Agreement, Local
Agency hereby reaffirms the "Nondiscrimination Assurances"
contained in the aforementioned Master Agreement for
Federal -Aid Program.
6. Whenever the local agency uses a consultant on a cost plus basis,
the local agency is required to submit a post audit report cover-
ing the allowability of cost payments for each individual consul-
tant or sub -contractor incurring over $25,000 on the project.
The audit report must state the applicable cost principles utili-
zed by the auditor in determining allowable costs as referenced in
CFR 49, part 18, Subpart C - 22, Allowable Costs.
Page 2 of 2
Date: September 12, 1997
PROGRAM SUPPLEMENT NO. M002 Location: 08-RIV-0-LQNT
to Project Number: STPL-5433(002)
AGENCY -STATE AGREEMENT E.A. Number: 08-924195
FOR FEDERAL -AID PROJECTS NO. 08-5433
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 05/05/97 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 Resolution No. G1- IST approved by the Agency on 10 1 07 /91 (See
copy attached).
The Agency further stipulates that as a condition to payment of funds
obligated to this project, it accepts and will comply with the covenants or
remarks setforth on the following pages.
PROJECT TERMINI:
In the City of La Quinta on Dune Palms Road at Whitewater channel
TYPE OF WORK: Reconst.Damaged strm chnl and signal modLENGTH: 0.8 (MILES)
PROJECT CLASSIFICATION OR PHASE(S) OF WORK
[ ] Preliminary Engineering [ ] Right -of -Way [ ]
[ ] Construction Engineering [XI Construction
Estimated Cost Federal Funds Matching Funds
Local OTHER OTHER
$ 300464 33D $ 266000 $ 34464 $ 0 $ 0
$ 0
City of La Quinta
By Xg�� 7:
Date /V -oC `7` -
STATE OF CALIFORNIA
Department f Tr'4qpportation
By `
Chief',ffice of Local Programs
Project ImplemGentation
Date ��! ��2
Attest
Title
I hereby Certify upon my persona knowledge hat�bu/ddgeeted funds are available for this encumbrance:
Accounting Offic Date ;7$ 266000.00
Chapter Statutes I Item I Year U Program 1BC1 Fund Source AMOUNT
282 1997 2660-101-890 97-98 20.30.010.810 C 262040 892-F 266000.00
Page 1 of 2
08-RIV-0-LQNT
STPL-5433(002)
DATE: 09/12/97
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 FNM-76, and accepts
any increases in Local Agency Funds as shown on the Finance or
Bid Letter or its modification as prepared by the Office of Local
Programs.
3. The Local Agency will advertise, award and administer this
project in accordance with the current Local Program Procedures
or the new Local Programs Manual, when issued.
4. In executing this Program Supplemental Agreement, Local
Agency hereby reaffirms the "Nondiscrimination Assurances"
contained in the aforementioned Master Agreement for
Federal -Aid Program.
5. Whenever the local agency uses a consultant on a cost plus basis,
the local agency is required to submit a post audit report cover-
ing the allowability of cost payments for each individual °co-xsul-
tant or sub -contractor incurring over $25,000 on the project.
The audit report must state the applicable cost principles utili-
zed by the auditor in determining allowable costs as referenced in
CFR 49, part 18, Subpart C - 22, Allowable Costs.
Page 2 of 2
PROGRAM SUPPLEMENT NO. M003 I Date: September09, 1999
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO. 08-5433
Location: 08-RIV-0-LQNT
Project Number: STPL-5433(003)
E.A. Number:08-924432
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 05/05/97 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 Rasola,6 No.gq-1454 approved by the
Agency on 10-10t-ci9 (See copy attached). N"n.J#G Drdcr Arli4l"
The Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the
covenants or remarks setforth on the following pages.,
PROJECT LOCATION:,
In the City of La Quinta on Avenue 50: Park Ave to Jefferson St.
TYPE OF WORK: Pavement Rehabilitation LENGTH: 0.9 (MILES)
PROJECT CLASSIFICATION OR PHASE(S) OF WORK
[ ] Preliminary Engineering
[ ] Right -Of -Way
[X] Construction
LAl uonstrucuon rngmeermg
Estimated Cost
Federal Funds
Matching Funds
$344,405.00
33D $225,483.00
LOCAL
$118,922.00
$0.00
OTHER
$0.00
CITY OF LA QUINTA
Date
0
STATE OF CALIFORNIA
Department of ortation
7.4
By
Chief, f Local Programs
Project Implementation
Attes If /I' 2 N--q
Date
Title
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officv / lwr1 ; / Date 9_�'9q $225,483.00
Chapter I Statutes I Item I Yeas{ 11 Prod iam 1 I SC I Category I Fund Source I AMOUNT
324 1998 2660-101-890
10 C 262040 892-F
225,483.00
Program Supplement 08-5433-M003- ISTBA
Page 1 of 2
08-RIV-0-LQNT 09/09/1999
STPL-5433(003)
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 will reimburse the State for their share of
costs for work requested to be performed by the State.
3. 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 FNM-76, and accepts
any increases in Local Agency Funds as shown on the Finance or
Bid Letter or its modification as prepared by the Office of Local
Programs Project Implementation.
4. The Local Agency will advertise, award and administer this
project in accordance with the current Local Assistance
Procedures Manual.
Program Supplement08-5433-M003- ISTEA Page 2 of 2
r
PROGRAM SUPPLEMENT NO. M004
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO. 08-5433
Date: July 30, 2001
Location: 08-RIV-0-LQNT
Project Number: STPLH-5433(004)
B.A. Number: 08-924649
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 05/05/97 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 RU1S%�
approved by the Agency on gl7,1 /p r (See copy attached).
The Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the
covenants or remarks setforth on the following pages.
PROJECT LOCATION:
Avenue 52 from Cetrino to Jefferson Street
TYPE OF WORK: Remove obstacles & shoulder widening LENGTH: o(MILES)
PROJECT CLASSIFICATION OR PHASE(S) OF WORK
[X] Preliminary Engineering [ ] Right -Of -Way [ ] Construction
f 1 Construction Engineering
Estimated Cost
Federal Funds
Matching Funds
$6,700.00
Q28 $69030.00
LOCAL
$670.00
$0.00
OTHER
$0.00
CITY OF LA QUINTA
Date / V-' /a. `d i
Attest9_42�e-
Title /'
STATE OF CALIFORNIA
Department of Tran ortation
By ,d �il fif.P y
Chief, Office of Local Programs
Project Implementation
Date
00 G/
I hereby certify p no my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Offic Date / ' ' $61030.00
Chapter I Statutes I Item Year Progp I BC I Category Fund Source AMOUNT
52 2000 2660-101-890 2000-2k01 / 20.3WG�30 C 255020
892-F 6,030.00
Program Supplement 08-5433-M004- ISTEA Page 1 of 2
'08-RIV-0-LQNI' .
STPLH-5433(004)
SPECIAL COVENANTS OR REMARKS
07/30/2001
1. The ADMINISTERING AGENCY will reimburse the State for their share
of costs for work requested to be performed by the State.
2, This Program Supplement will be revised at a later date to.
include other phases of work.
3. 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 ADMINISTERING AGENCY and shall be performed
at regular intervals or as required for efficient operation of
the completed 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 $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 and Research. OMB A-133 superseded OMB A-128 in
1996. Reference to OMB A-128 in Master Agreement (if any) is
superceded by this covenant.
5. 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 phase. Please refer to Section
15.7 "Award Package" of the Local Assistance Procedures Manual.
6. 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 increases in ADMINISTERING AGENCY funds as shown on
the Finance or Bid letter or its modification as prepared by the
Division of Local Assistance, Office of Project Implementation.
Program Supplement08-5433-M004- ISTEA Page 2 of 2
PROGRAM SUPPLBM= NO. M005 Date: May 21, 2004
to Location: 08-RIV-0-LQNT
ADMINISTERING AGENCY -STATE Project Number: STPLHSR-5433(005)
FOR FEDERAL -AID PROJECTS NO. 0 8 - 54 3 3 E.A. Number: 08-924759
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 05/05/97 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.
PhjAaTe: hav/J , approved by the Administering Agency on 7 - 0 q (See copy attached).
NO
The Administering Agency further stipulates that as a condition to the payment by State of any funds derived from sources noted.
below obligated to this project, the Administering Agency accepts and will comply with the Special covenants or Remarks setforth on
the following pages.
PROJECT LOCATION:
Intersection of Dune Palms Road and Desert Crest Drive and on Miles Avenue
TYPE OF WORK: Pedestrian -activated crosswalk and traffic signal
LENGTH: 0.1 (MILES)
Estimated Cost
Federal Funds
Matching Funds
$21,300.00
SRAO $19,170.00
LOCAL
$2,130.00
$0.00
OTHER
$0.00
CITY OF LA QUINTA STATE OF CALIFORNIA
Department of Transpor ation
Br
By y
Chief, Office of Project Implementatic
Date /Z o2G�-¢- Division of Local Assistance
Attest Date I'l-160 Qzz
Title
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer KzyY ( Date 5
Chapter I Statutes I Item I Year I Program I BC I Category
157 2003 2660-102-890 2003-2004 20.30.010.535 C 262040
Fund Source
892-F
$19,170.00
AMUNT
19,170.00
Program Supplement 08-5433-M005- ISTEA Page 1 of 4
`ft-RIV-O-LQNT
05/21/2004
STPLHSR-5433(005)
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 $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.
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 Supplement 08-5433-M005- ISTRA Page 2 of 4
-08-RIV-0-LQNT
05/21/2004
STPLHSR-5433(005)
SPECIAL COVENANTS OR REMARKS
P. O. 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 Accounting
Program Supplement 08-5433-M005- ISTEA Page 3 of 4
-08-R1V-0-LQNT
05/21/2004
STPLHSR-5433(005)
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.
Program Supplement 08-5433-M005- ISTEA Page 4 of 4
.4' , , .,
PROGRAM SUPPLEMENT NO. 11006 Date -October 31,2006
to Lpcation:08-RIV-0-LQNT
ADMINISTERING AGENCY -STATE AGREEMENT Project Nuslber:STPL-5433(007)
FOR FEDERAL -AID PROJECTS NO. 08-5433(Z E.A. Number:08-924943
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 60/31IfVP 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.
Mm1gT¢ opi p Z , approved by the Administering Agency on 1,3, 5 -Ole (See copy attached).
The Administering Agency further stipulates that as a condition to the payment by State of any funds derived from sources noted
below obligated to this project, the Administering Agency accepts and will comply with the Special covenants or Remarks setforth
on the following pages.
PROJECT LOCATION:
Eastbound lanes of 54th Avenue from Jefferson Street to Madison Street
TYPE OF WORK: Road rehabilitation
LENGTH: 1(MILES)
Estimated Cost
Federal Funds
Matching Funds
$555,881.00
L240 $228,523.00
LOCAL
$327,358.00
$0.00
OTHER
$0.00
CITY OF LA QUINTA
Date __.l�f�Cf . '�- 6
Attest
Title
STATE Or CALIFORNIA
Departm nt�]o£ Transporta on
// By //�L ' r
4_Chief, YOffiiccee, of Project Implementation
Division of Lo�ccall �Assistance
Date //�'r'^_—��%_
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer g D'41/ Date 1
Chapter Statutes Itam vl Year I Program I BC I Catggory I Sand Source
38 2005 2660-102-890 2005-2006 20.30.010.810 C 262040 892-F
$228,523.00
AMDUNT
228,523.00
Program Supplement 08-5433-M006- ISTEA Page 1 of 3
08-RIV-0-LONT 11/07/2006
-9fPU-6433(007)
SPECIAL COVENANTS OR REMARKS
The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
2. Award information shall be submitted by the ADMINISTERING AGENCY to the District
Local Assistance Engineer within 60 days after the project contract award. A copy of the
award package shall also be included with the submittal of the ADMINISTERING
AGENCY's first invoice for the construction contract to:
Department of Transportation
Division of Accounting
Local Programs Accounting Branch, MS #33
P. O. 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.
3. 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).
4. 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 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
Program Supplement 08-5433R-N006- ISTEA Page 2 of 3
08-RIV-0-LQNT 11/07/2006
If' �AtPL=5433(007)
SPECIAL COVENANTS OR REMARKS
are actually allocated and encumbered as authorized by the California Transportation
Commission and the Department's Accounting Office.
5. 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,
and invoice payments for any on -going or future federal -aid project by ADMINISTERING
AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a
six-month period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY
agrees to submit for each phase a written explanation of the absence of PROJECT
activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively
constitute a "Report of Expenditures" within one hundred eighty (180) days of 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.
Program Supplement 08-5433R-N006- ISTEA Page 3 of 3
P.O. Box 1504
LA QUINTA, CALIFORNIA 92247-1504
78-495 CALLS TAMPICO (760)777-7000
LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101
Minute Action of the City Council of the City of La Ouinta
Date: December 14, 2006
To: Department of Transportation
Meeting Date: December 5, 2006
Item Number: Consent Calendar No. 5
Title: APPROVAL OF AGENCY -FEDERAL MASTER AGREEMENT
NUMBER 08-5433R AND PROGRAM SUPPLEMENTAL
AGREEMENT NUMBER 006-N FOR FEDERAL FUNDING
FORWARD THE AVENUE 54, PAVEMENT REHABILITATION
IMPROVEMENTS, PROJECT NO. 2005-1 1
It was duly moved by Council Member Sniff, seconded by Council Member Henderson that
Consent Calendar Item No. 5 be approved authorizing the City Manager to execute Agency -Federal
Master Agreement 08-5433R and Program Supplemental Agreement 006-N providing Federal
funding toward the construction of the Avenue 54 Pavement Rehabilitation Improvements, Project
Number 2005-1 I.
The motion carried by the following vote:
AYES: 5 Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph
NOES: 0 None
ABSENT: 0 None
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) §
CITY OF LA QUINTA )
I Veronica J. Montecino, City Clerk of the Cityof La Quinta hereby certify, under penalty of perjury,
that the foregoing is a true and correct excerpt from the minutes of the action taken by the La
Quinta Cj y Council Members at a meeting held Tuesday, December 5, 2006.
Veronica J. MA(itecino, CMC
City Clerk
(SEAL)
LLook li
PROGRAM SUPPLEMENT, NO. N007
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO. 08-5433R
Date: September 11, 2007
Location: 08-RIV-0-LQNT
Project Number: BR-NBIL(503)
E.A. Number:08-925032
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 12/18/06 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.
CG*,S�r C,o_k • approved by the Administering Agency on 11-41- 0-1 (See copy attached).
1k,urnA Cl
The Administering Agency further stipulates that as a condition to the payment by State of any funds derived from sources noted
below obligated to this project, the Administering Agency accepts and will comply with the Special covenants or Remarks setforth
on the following pages.
PROJECT LOCATION:
Adams Street over the Whitewater River, Br. No. 00L0032
TYPE OF 'WORK: 4-lane bridge over low water crossing
LENGTH: 0.2(MILES)
Estimated Cost
Federal Funds
Matching Funds
$564,780.00
H120 $500,000.00
LOCAL
$64,780.00
$0.00
OTHER
$0.00
CITY OF LA QDINTA
Ey�f'//G _)ZX44
Date
Title / /f Xr/
I hereby certify upon
Accounting
STATE OF CALIFORNIA
Department of Transpo tation
Chief, Office of Project Implementation
Division
��ooff Local Assistance
Date97
that budgeted funds are available for this encumbrance:
Date 9 —17-D
$500,000.00
Chapter I Statutes I Item I Year ( Program I Be I Category I Fund Source I ANODNT
47 2006 2660-102-890 2006-2007 20.30.010.300 C 224060 892-F
4YII1)(IIIIQIIII
Program Supplement 08-5433R-N007- ISTEA Page 1 of 3
`08-RIV-0-LQNT,
BR-NBIL(503)
09/11/2007
SPECIAL COVENANTS OR REMARKS
1. The ADMINISTERING AGENCY will advertise, award and administer
this project in accordance with the current published Local
Assistance Procedures Manual.
2. Award information shall be submitted by the ADMINISTERING AGENCY
to the District Local Assistance Engineer within 60 days after
the project contract award. A copy of the award package shall
also be included with the submittal of the ADMINISTERING AGENCY's
first invoice for the construction contract to:
Department of Transportation
Division of Accounting
Local programs Accounting Branch, MS #33
P. O. Sox 942874
Sacramento, CA 94274-0001.
Failure to do so will cause a delay in the State processing
invoices for the construction phase. Please refer to Section
15.7 "Award Package" of the Local Assistance Procedures Manual.
3. 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).
4. 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
Program SupPlement08-5433R-N007- ISTEA Page 2 of 3
08-RIV-0-LQNT,
BR-NBIL(503)
09/11/2007
SPECIAL COVENANTS OR REMARKS
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
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
Transpo>;tation Commission and the Department's Accounting Office.
S. 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, and invoice payments for any
on -going or future federal -aid project by ADMINISTERING AGENCY if
PROJECT costs have not been invoiced by ADMINISTERING AGENCY for
a six-month period.
If no costs have been invoiced for a six-month period,
ADMINISTERING AGENCY agrees to submit for each phase a written
explanation of the absence of PROJECT activity along with target
billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents
that collectively constitute a "Report of Expenditures" within
one hundred eighty (180) days of PROJECT completion. Failure of
ADMINISTERING AGENCY to submit a "Final Report of Expenditures"
within 1180 days of PROJECT completion will result in STATE
imposing sanctions upon ADMINISTERING AGENCY in accordance with
the current Local Assistance Procedures Manual.
Program Supplement 08-5433R-N007- ISTEA Page 3 of 3
PROGRAM SUPPLEMENT NO. N008
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO. 08-5433R
Date:December 10, 2007
Location: 08-RIV-O-LQNT
Project Nu:nber:RPSTPLE-5433(008)
E.A. Number:08-0G0254
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 12/18/06 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 Rase4utiea-pla. Co U nc c
.2 oor-0 3 approved by the Administering Agency on ///S-/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.
PROJECT LOCATION:
Jefferson Street from State Route 111 to Indio Boulevard (State Route 86)
TYPE OF WORK: Median landscaping
LENGTH: 2.5(MILES)
Estimated Cost
Federal Funds
Matching Funds
$921,230.00
H220 $445,000.00
LOCAL
$476,230.00
$0.00
OTHER
$0.00
CITY OF LA QDINTA STATE OF CALIFORNIA
/ Department of Transportation
EY ! SY �UO�
Chief, Office, of Project ImMlementation
Date Division of Local Assistance
Attest
Date
Title
I hereby certify upon my
funds are available for tpis encumbrance:
Accounting Officer { 1 4LI— /0)
I /
l Date
f / 0 /
$445,000.00
Chapter
I Statutes
I `r15.
1 Year
I
sc
I category
fund Source
AMomw
171 2007 2660-101-890 2007-2008
20.30.600.731 S
228010 892-F
445,000.00
Program Supplement 08-5433R-N008- ISTEA Page 1 of 4
RPSTPLE-5433(008)
1211 U/LUU /
SPECIAL COVENANTS OR REMARKS
1. The ADMINISTERING AGENCY will advertise, award and administer
this project in accordance with the current published Local
Assistance Procedures Manual.
2. Award information shall be submitted by the ADMINISTERING AGENCY
to the District Local Assistance Engineer within 60 days after
the project contract award. A copy of the award package shall
also be included with the submittal of the ADMINISTERING AGENCY's
first invoice for the construction contract to:
Department of Transportation
Division of Accounting
Local Programs Accounting Branch, MS #33
P. O. 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.
3. 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).
4. 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
Program Supplement 08-5433R-N008- ISTEA Page 2 of 4
RPSTPLE-5433(008)
"11V/L V V /
SPECIAL COVENANTS OR REMARKS
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
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.
5. 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, and invoice payments for any
on -going or future federal -aid project by ADMINISTERING AGENCY if
PROJECT costs have not been invoiced by ADMINISTERING AGENCY for
a six-month period.
If no costs have been invoiced for a six-month period,
ADMINISTERING AGENCY agrees to submit for each phase a written
explanation of the absence of PROJECT activity along with target
billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents
that collectively constitute a "Report of Expenditures" within
one hundred eighty (180) days of 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.
6. 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:
Program Supplement 08-5433R-N00B- ISTRA Page 3 of 4
RPSTPLE-5433(008)
1L/1U/LUU7
SPECIAL COVENANTS OR REMARKS
Funds allocated for the environmental & permits, plan
specifications & estimate, and right-of-way components
available for expenditure until the end of the second
following the year in which the funds were allocated.
are
fiscal year
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 complete the construction or
vehicle purchase contract within 36 months of award.
7. This PROJECT is programmed to receive Federal Transportation
Enhancement Activities (TEA) fund. The ADMINISTERING AGENCY
agrees that any functional or operational change to a TEA
PROJECT, before, during or after PROJECT acquisition and/or
construction, that does not comply with, or is in conflict with,
the TEA program requirements and the original purpose of the
project at the time it was programmed may render the PROJECT
ineligible for Federal reimbursement and ADMINISTERING AGENCY may
be required to reimburse STATE the entire amount of TEA funds
contributed to the project or the value of the TEA fund
contribution, based upon the fair market value of the acquisition
and/or construction, at the time the conflict and/or
non-compliance is determined, whichever is greater.
Program SUPP16 ent08-5433R-N008- ISTEA Page 4 0£ 4
P.O. Boa 1504
LAOI']NIv, CvLLroeNIA 92247-1504
78-495 CAi t r T.\mi,i< o (760) 777-7000
LA QL�]Nra, CAL11ONNIi 92253 FAX (760) 777-7101
MINUTE ACTION OF THE LA QUINTA CITY COUNCIL
Date: January 25, 2008
To: Department of Transportaation, Office of Implementation,
Division of Local Assistance
Meeting Date: January 15, 2008
Item No.: Consent Calendar Item No. 9
Title: Approval of a Program Supplemental Agreement No 008 N to
Agency -State Agreement No. 08-5433R for Federal Funding Toward the
Jefferson Street Median Landscape Improvements Project No 2005 03
It was duly moved by Council Member Sniff, seconded by Council Member Kirk to authorize the
City Manager to execute Agency -Federal Master Agreement 08-5433R and Program
Supplemental Agreement 008-N providing Federal funding toward the construction of the
Jefferson Street Median Island Landscape Improvements, Project No. 2005-03.
The motion carried by the following vote:
AYES: 5 Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph
NOES: 0 None
ABSENT: 0 None
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE)
CITY OF LA QUINTA )
I, Veronica J. Montecino, City Clerk of the City of La Quinta hereby certify, under penalty of
perjury, that the foregoing is a true and correct excerpt from the minutes of the action taken by
the La Quin; City Council Members at the meeting held Tuesday, January 15, 2008.
VERONICA J.
City of La Qui
City Clerk
STATE OF CACIFORNIA . BUSINESS,TRANSPORTATION AND HOUSING AGENCY Arnold Schwarzenegger, Governor
DEPARTMENT OF TRANSPORTATION REMVED
Division of Local Assistance
1120 N STREET NOV 1 ✓ 2009 , 1
P.O. BOX 942874, MS# 1 z
Sacramento, CA 94274-0001
TTY711 PUBLIC WORKS
(916) 654-3151
Fax (916) 653-7621 File: 08-RIV-0-LQNT
November 17, 2009
Mr. Tim Jonasson
Public Works Director/City Engineer
City of La Quinta
P.O.Box1504
La Quinta, CA 92253
Dear Mr. Jonasson:
CML-5433(009)
Former State Route 111 from
Washington Street to Jefferson
Street
Enclosed is your fully executed copy of Program Supplement Agreement No. 009-N to Administering Agency -State
Agreement No. 08-5433R .
Sincerely,
RAY ZHANG, Chief
Office of Project Implementation - South
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(08) DLAE - John Pagano
STATE OF CALIFORNIA. BUSINESS,TRANSPORTATION AND HOUSING AGENCY
Arnold Schwarzenegger, Governor
DEPARTMENT OF TI
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, M . 1
Sacramento, CA 94214-0001
TTY 711
(916)654-3151
Fax (916) 653-7621
January 5, 2011
Mr. Tim Jonasson
Public Works Director/City Engineer
City of La Quinta
P.O.Box1504
La Quinta, CA 92253
Dear Mr. Jonasson:
JAN 1, 2011
PUBLIC WORKS 4M�
File: 08-RIV-0-LQNT
CML-5433(012)
Avenue 54 / Madison Street
Intersection
Enclosed is your fully executed copy of Program Supplement Agreement No. 010-N to Administering Agency -State
Agreement No. 08-5433R and an approved Finance Letter. Please retain the signed Finance Letter for your records.
In accordance to Government Code 16304, Federal and State funds appropriated by the State budget are available for
disbursement for limited periods of time. The attached Finance Letter shows the deadlines for liquidation as 'Reversion
Dates". 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 to 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.
Sincerely,
b
RAY ZHANG hief
Office of Project Implementation - South
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(08) DLAE - Savat Khamphou
PROGRAM SUPPLEMENT NO. N010
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO 08-5433R
Date: October 13, 2010
Location: 08-R I V-0-LQ NT
Project Number: CML-5433(012)
E.A. Number: 08-925214 0 E O0' �O Z
Locode: 5433
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 12/18/06 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.Resolatien PJe." w� 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:
Avenue 54 / Madison Street Intersection
TYPE OF WORK: New Traffic Signal LENGTH: 0.0(MILES)
p $43,000.00 1 LOCAL OTHER
$1()8,000.001 $65,000.00 1 $0.00
CITY OF LAA Q�7UINTA o
By �/• Geyt-e
Thomas P. Genovese
Title
Date _y 2/
Attest
STATE OF CALIFORNIA
Department of Transportation
By _-- -
Chief, Office of Project Implementation
Division of Local Assistance
2 y
Date
r
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer'-. __—
Statutes I Item I Year
Date 1" l , 1 u
BC CategoryFund Source
e n 1 C I 2 —=
$43,000.00
AMOUNT
4 S. o�D
Program Supplement 08-5433R-N010- ISTEA Page 1 of 3
08-RIV-O-LQNT 10/1312010
CML-5433(012)
" SPECIAL COVENANTS OR REMARKS
1. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
2. 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).
3. 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.
4. 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.).
5. As a condition for receiving federal -aid highway funds for the PROJECT, the
Program Supplement 08-5433R-N010- ISTEA Page 2 of 3
-08-121V-0-LONT 10113/2010
CML-5433(012)
SPECIAL COVENANTS OR REMARKS
Administering Agency certifies that NO members of the elected board, council, or other
key decision makers are on the Federal Government Excluded Parties List System
(EPLS).
6. 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.
7. 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 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.
Program Supplement 08-5433R-N010- ISTEA Page 3 of 3
Date:
To:
Meeting Date:
Item No:
i
P.O. Box 1504
LA QUINTA, CALIFORNIA 92247-1504
78-495 CALLE TAMPI( O
LA QUINTA, CALIFORNIA 92253
MINUTE ACTION OF THE LA QUINTA CITY COUNCIL
December 22, 2010
State of California Department of Transportation
December 21, 2010
Consent Calendar Item No. 19
(760) 7 7 7 - 7 0 0 0
FAX (760) 777-7101
Title: Approval of the Program Supplemental Agreement No. 010-N to the City of
La Quinta Master Agreement 08-5433R for Congestion Management Air
Quality Funding Toward the New Traffic Signal at the Intersection of
Madison Street and Avenue 54, Project No. 2009-23
It was moved by Council Member Henderson and seconded by Council Member Evans to
authorize the City Manager to execute Program Supplemental Agreement No. 010-N to the City
of La Quinta Master Agreement 08-5433R for Congestion Management Air Quality (CMAQ)
funding toward the new traffic signal at the intersection of Madison Street and Avenue 54, Project No.
2009-23.
The motion carried by the following vote of the City Council:
AYES: Council Members Evans, Franklin, Henderson, and Mayor Adolph
NOES: None
ABSENT: Council Member Sniff
ABSTAIN: None
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF LA QUINTA 1
I, Phyllis Manley, Deputy City Clerk of the La Quinta City Council hereby certify, under penalty
of perjury, that the foregoing is a true and correct excerpt from the minutes of the action taken
by the La Quinta City Council at a meeting held Tuesday, December 21, 2010.
PHYLLIS MANLEY, Deputy City Clerk
La Quinta City Council
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PROGRAM .SUPPLEMENT NO. N009
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO. 08-5433R
Date; September 28, 2009
Location: 08-RIV-0-LQNT
Project Number:CML-5433(009)
E.A. Number:08-925135
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 12/18/06 and is subject to all the teens and conditions thereof. This Program
Supplement is executed in accordance with Article 1 of the aforementioned Master Agreement under authority of Resolution No. C.4-7
ctU,, ) VA, ;V- , 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 setforth
on the following pages.
PROJECT LOCATION:
Former State Route 1 I I from Washington Street to Jefferson Street
TYPE OF WORK: Replace signal controllers LENGTH: 1.8(MILES)
Estimated Cost
Federal Funds T
Matching Funds
$215,000.00
L400 $177,000.00
LOCAL
$38,000.00
$0.00
OTHER
$0.00
CITY OF LA QUINTA
Date
Attest
Title ZVI;
I hereby certify upon my personal kndkledge that
STATE OF CALIFORNIA
Department of Transp tation
By
fit, Chief, Office of Project Implementation
C/%I) Division
off Local Assistance
i
Date
funds are available for this encumbrance:
Accounting Officer
Date
/ ��.� ii �l
$177,000.00
Chapter
Statutes
Item %
Year
Program
BC
Category
Fund Source
AMOUNT
268 2008 2660-102-890
2008-2009
20.30.010.820 C
262040 892-F
177,000.00
Program Supplement 08-5433R-N009- ISTEA Page 1 of
08-RIV-0-LQNT
SPECIAL COVENANTS OR REMARKS
1. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
2. Award information shall be submitted by the ADMINISTERING AGENCY to the District
Local Assistance Engineer within 60 days after the project contract award. A copy of the
award package shall also be included with the submittal of the ADMINISTERING
AGENCY's first invoice for the construction contract to:
Department of Transportation
Division of Accounting
Local Programs Accounting Branch, MS #33
P. O. 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.
3. 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).
4. 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,
and invoice payments for any on -going or future federal -aid project by ADMINISTERING
AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a
six-month period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY
agrees to submit for each phase a written explanation of the absence of PROJECT
activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively
constitute a "Report of Expenditures" within one hundred eighty (180) days of 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.
5. The Administering Agency shall not discriminate on the basis of race, religion, age,
Program Supplement 08-5433R-N009- ISTEA Page 2 of 3
08-RIV-0-LQNT
CML'-5433(099) C7 9/L 91ko o g
SPECIAL COVENANTS OR REMARKS
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.).
6. As a condition for receiving federal -aid highway funds for the PROJECT, the
Administering Agency certifies that NO members of the elected board, council, or other
key decision makers are on the Federal Government Excluded Parties List System
(EPLS).
7. This project must be in conformity with the National ITS Architecture, adhere to ITS
Standards and undergo Systems Engineering.
8. Any State and Federal funds that may have been encumbered for this project are only
available for disbursement for a period of five (5) years and seven (7) years, respectively,
from the start of the fiscal year(s) that those funds were appropriated within the State
Budget Act. All project funds not liquidated within these periods will revert unless an
executed Cooperative Work Agreement extending these dates is requested and is
approved by the California Department of Finance per Government Code Section 16304.
The exact date of each fund reversion will be reflected in the approved finance letter(s)
issued for this project.
Notwithstanding the unliquidated sums of project specific State and Federal funding
remaining and available to fund project work, any invoice for reimbursement that is not
submitted to the Department on or before 60 days after that applicable fixed fund
reversion date will not be paid from that fiscal year's encumbered funds because all of
these unexpended funds will be irrevocably reverted by the Department's Division of
Accounting 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.
Program Supplement 08-5433R-N009- ISTEA Page 3 of 3
P.O. Box 1504
LA QuIN'rA, CALIFORNIA 92247-1504
78-495 CALLF TAMPICO (760) 7 7 7 - 7 0 0 0
LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101
Minute Action of the La Quinta City Council
Date: November 9, 2009
To: State of California Department of Transportation
Meeting Date: November 3, 2009
Item No: Consent Calendar Item No. 4
Title: Approval of Program Supplemental Agreement No. 009-N to City of
La Quinta Master Agreement 08-5433R for Congestion Management Air
Quality (CMAQ) Funding Toward the Highway 111 Traffic Signal Equipment
Replacement and Interconnect Project, Project No. 2008-16
It was moved by Council Member Sniff and seconded by Council Member Evans to authorize
City Manager Thomas P. Genovese to execute Program Supplemental Agreement 009-N to
Agency -State Agreement No. 08-5433R for Congestion Management Air Quality (CMAQ)
funding toward the Highway 111 Traffic Signal Equipment Replacement and Interconnect
Project, Project No. 2008-16.
The motion carried by the following vote of the City Council:
AYES: Council Members Franklin, Henderson, Kirk, Sniff, and Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF LA QUINTA
I, Veronica J. Montecino, City Clerk of the La Quinta City Council hereby certify, under penalty
of perjury, that the foregoing is a true and correct excerpt from the minutes of the action taken
by the L"uinta City Council at a meeting held Tuesday, November 3, 2009.
VERONICA J. MWECINO, CMC, City Clerk
La Quinta City rouncil
' 'STATE bF CALIFORNIA. BUSINESS,TRANSPORTATION AND HOUSING AGENCY
Arnold Schwarzenegger, Governor
DEPARTMENT OF TRANSPORTA
Division of Local Assistance
1120 N STREET
P.Q. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TTY 711
(916)654-3151
Fax (916)653-7621
December 30, 2010
Mr. Tim Jonasson
Public Works Director/City Engineer
City of La Quinta
P.O.Box1504
La Quinta, CA 92253
Dear Mr. Jonasson:
JAN 0 4 REH
File: 08-RIV-0-LQNT
CML-5433(010)
Adams St, Miles Ave., and Dune
Palms Rd'
Enclosed is your fully executed copy of Program Supplement Agreement No. 011-N to Administering Agency -State
Agreement No. 08-5433R and an approved Finance Letter. Please retain the signed Finance Letter for your records.
In accordance to Government Code 16304, Federal and State funds appropriated by the State budget are available for
disbursement for limited periods of time. The attached Finance Letter shows the deadlines for liquidation as "Reversion
Dates". 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 to 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.
Sincerely,
RAY ZHANG, Chief
Office of Project Implementation - South
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(08) DLAE - Savat Khamphou
PROGRAM SUPPLEMENT NO. N011
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO 08-5433R
Date: November 2, 2010
Location: 08-R I V-0-LQNT
Project Number: CML-5433(010)
E.A. Number: 08-925207 O%OOOZOI-1 O
Locode: 5433
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 12/18/06 and is subject to all the terms and
conditions thereof. This Program Supplement is executed in accordance with Article 1 of the aforementioned Master
E v c � n approved by the Administering Agency on
Agreement under authority of Resek3iart 11.
(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:
Adams St, Miles Ave., and Dune Palms Rd`
TYPE OF WORK: Interconnect Signals & upgrade signal hardware
L40E $354,000.00
CITY OF QU NTA n
By Thomas P. enoves
LOCAL
LENGTH: 0.0(MILES)
OTHER
$0.00
STATE OF CALIFORNIA
Depart ent of Transportation
By
Chief, Office gWroject Implementation
r
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
_(_ � Date �(Z $354,000.00
Accounting Officerw"C``
Chapter I
71Z
Statutes I
7010
Item
L
Year
I
Program
lC. o,Lio-vZO
BC
C
Category
jj%ra2coti co
Fund Source
Z9z-=
AMOUNT
3Z 4, oo.•
--
I
I
Program Supplement 08-5433R-N011- ISTEA Page 1 of 3
STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF (REV. 01/2010)
Claims Audits
3301 "C" Street, Rm 404 REQUISITION NUA
Sacramento. CA 95816 080000000110
Department of Transportation
SUBJECT:
Page I of 1_
11/2/2010 1 08-0002-0170
Encumbrance Document e e --
VENDOR/ LOCAL ,AGENCY:
City of La Quinta
CONTRACT AMOUNT:
$354,000.00
PROCUREMENT TYPE:
Local Assistance
ADA NOtlFor individuals with sensory disabilities, this document is available in alternate formats. For information, call (915) 654-6410 of TDD (916) -3880 or write
f
Records and Forms Management, 1120 N. Street, MS-89, Sacramento, CA 95814,
08-RIV-0-LQNT
CML-5433(010)
SPECIAL COVENANTS OR REMARKS
1'. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
2. This project must be in conformity with the National ITS Architecture, adhere to ITS
Standards and undergo Systems Engineering.
3. 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).
4. 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 SrATE'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.
5. 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
Program Supplement 08-5433R-N011- ISTEA Page 2 of 3
08-RIV-0-LQNT 11/02/2010
CML-5433(010)
SPECIAL COVENANTS OR REMARKS
seq.).
6. As a condition for receiving federal -aid highway funds for the PROJECT, the
Administering Agency certifies that NO members of the elected board, council, or other
key decision makers are on the Federal Government Excluded Parties List System
(EPLS).
7. 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
8. 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 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.
Program Supplement 08-5433R-N011- ISTEA Page 3 of 3
P.O. Box 1504
LA QUINTA, CALIFORNIA 92247-1504
78-495 CALLF. TAMPICO (760) 7 7 7 - 7 0 0 0
LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101
MINUTE ACTION OF THE LA QUINTA CITY COUNCIL
Date: December 15, 2010
To: State of California Department of Transportation
Meeting Date: December 7, 2010
Item No: Consent Calendar Item No. 8
Title: Approval of the Program Supplemental Agreement No. 011-N to the City of
La Quinta Master Agreement 08-5433R for Congestion Management Air
Quality Funding Toward the Adams Street, Miles Avenue, and Dune Palms
Road Signal Interconnect Improvements for Bid, Project No. 2009-24
It was moved by Council Member Sniff and seconded by Council Member Evans to authorize the
City Manager to execute Program Supplemental Agreement No. 011-N to the City of La Quinta
Master Agreement 08-5433R for Congestion Management Air Quality (CMAQ) funding toward
the Adams Street, Miles Avenue, and Dune Palms Road Signal Interconnect Improvements for
bid, Project No. 2009-24.
The motion carried by the following vote of the City Council:
AYES: Council Members Evans, Franklin, Henderson, Sniff, and Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF LA QUINTA 1
I, Veronica J. Montecino, City Clerk of the La Quinta City Council hereby certify, under penalty
of perjury, hat the foregoing is a true and correct excerpt from the minutes of the action taken
by h L Quinta City Co�ync a m ting Id Tuesday, December 7, 2010.
La Quinta City Council
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'STATE dF CALIFORNIA. BUSINESS,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
TTY 711
(916)654-3151
Fax (916) 653-7621
December 30, 2010
Mr. Tim Jonasson
Public Works Director/City Engineer
City of La Quinta
P.O.Box 1504
La Quinta, CA 92253
Dear Mr. Jonasson:
RECEIVED
JAN 0 4 RECT
PUBLIC WORKS
File: 08-RIV-0-LQNT
CML-5433(011)
On Eisenhower Dr & on Calle
Tampico
Enclosed is your fully executed copy of Program Supplement Agreement No. 012-N to Administering Agency -State
Agreement No. 08-5433R and an approved Finance Letter. Please retain the signed Finance Letter for your records.
In accordance to Government Code 16304, Federal and State funds appropriated by the State budget are available for
disbursement for limited periods of time. The attached Finance Letter shows the deadlines for liquidation as "Reversion
Dates". 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 to 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.
Sincerely,
RAY ZHANG, Chief
Office of Project Implementation - South
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(08) DLAE - Savat Khamphou
PROGRAM SUPPLEMENT NO. N012
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO 08-5433R
Date:
November 2, 2010
Location:
08-R I V-0-L Q N T
Project Number:
CML-5433(011)
E.A. Number:
08-925208 CS 000,_.01-1 I
Locode:
5433
This Prograr Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Fix<eral Aid
which was er,.ered into between the Administering Agency and the State on 12/18/06 and is subject to all the ierms and
condition,, thereof. This Program Supplement 'p executed in accordance with Article I of the aforementioned Master
Agreement under authority of PIG. � r� a roved b tho Administering A, e,is oe Z
9 Y vw pp Y 9• g Y I 7jly
(See copy aflached).
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 of remarks set forth on the following pages.
PROJECT LOCATION:
On Eisenho er Dr & on Calle Tampico
TYPE OF WORK: Upgrade traffic signal hardware & interconnect signals LENGTH: 0.0(MILES)
Estim_ated_C_ost Federal Funds Matching Funds
L40E $310,000.00 LOCAL OTHER
i
$310,000.00 $0.001 $0.00
CITY OF LA WNTA, STATE OF CALIFORNIA
Departme t of Transportation
By 1
omas Genovese BY
Title _ City ana er Chief, Office of roject Implementation
Division of Local Assistance
Date -L2 /Y_�/d
/A�,' Date a` Lu I tci
Attest �'� /!
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer -'n
Date —1 ( Z I I 0 - $310.000.00
Chapter
Statutes
Item
j Year
Program
j BC
Category
Fund Source
AMOUNT
i
Program Supplement 08-5433R-N012- ISTEA Page 1 of 3
08PRIV-0-LQNT 11102/2010
CML-5433(011)
SPECIAL COVENANTS OR REMARKS
seq. ).
6. As a condition for receiving federal -aid highway funds for the PROJECT, the
Administering Agency certifies that NO members of the elected board, council, or other
key decision makers are on the Federal Government Excluded Parties List System
(t-_PLS).
7. 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.
8. Any State and Federal funds that may have been encumbered for this project are
available for disbursement for limited periods of time. Fur 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 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.
Program Supplement 08-5433R-N012- ISTEA Page 3 of 3
P.O. Box 1504
LA QUIN1A, CALIFORNIA 92247-1504
78-495 CALLS TAMPICO (760) 7 7 7 - 7 0 0 0
LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101
MINUTE ACTION OF THE LA QUINTA CITY COUNCIL
Date: December 15, 2010
To: State of California Department of Transportation
Meeting Date: December 7, 2010
Item No: Consent Calendar Item No. 9
Title: Approval of the Program Supplemental Agreement No. 012-N to the City of
La Quinta Master Agreement 08-'5433R for Congestion Management Air
Quality Funding Toward the Eisenhower Drive and Calle Tampico Signal
Interconnect Project, Project No. 2009-22
It was moved by Council Member Sniff and seconded by Council Member Evans to authorize the
City Manager to execute Program Supplemental Agreement No. 012-N to the City of La Quinta
Master Agreement 08-5433R for Congestion Management Air Quality (CMAQ) funding toward
the Eisenhower Drive and Calle Tampico Signal Interconnect Project, Project No. 2009-22.
The motion carried by the following vote of the City Council:
AYES: Council Members Evans, Franklin, Henderson, Sniff, and Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF LA QUINTA )
I, Veronica J. Montecino, City Clerk of the La Quinta City Council hereby certify, under penalty
of perjur , that the foregoing is a true and correct excerpt from the minutes of the action taken
by the a Quinta City Council at a Free ' g held Tuesday, December 7, 2010.
VERONICA J. ONTECINO, CIVIC, City Clerk
La Quinta City Council
m
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LOCAL
$1.921 243.00
PROGRAM SUPPLEMENT NO. N007 Rev. ' Date: December 27, 2010
to Location: 08-RIV-0-LQNT
ADMINISTERING AGENCY -STATE AGREEMENT Project Number: BR-NBIL(503)
FOR FEDERAL -AID PROJECTS NO 08-5433R E.A. Number: 08-925032 0��Ogi
Locode: 5433
This Program Supplement hereby adopts anc incorporates the Administering Agency -State Agreement for Federal Aid
which was entered into between the Administering Agency and the State on 12/18106 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:
Adams Street over the Whitevater River, LWC #001-0032
TYPE OF WORK: 4-lane bridge over low water crossing
Estimated Cost Federal Funds
H120 $500,000.00
L1CC $306,908.00 .
512,184,926.00 LICE $9.456,775.00
CITY
/OF Li QUINTAd
�
By/ LGl�✓
Title
Date
LENGTH: 0.2(MILES)
Matching Funds
OTHER
$0 00
STATE OF CALIFORNIA
Department of Transportation
By
Chief; Office of Project Implementation
Division of Local Assistance
Date
I hereby oertify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer Date t 2j /L � // c
,oarart1
'.. :,atS?gGrj
=1A'it' scu'-':
jPrn
Suppiemn,-�'
0B-5433R-N007-_1,' ..'.STE
$10.263.68 3.00
APdi-`JU N f
%lilt. Z .,!
STATE OF CALIFORNIA DEPARfMENr OF rRi ANSPORTATICN
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF (REV 01r010)
Pagel ,_ of
Claims Audits
33ot "C" Street Rm 404
Sacramento, CA 95816
FROM
Department of Transportation
SUBJECT
Encumbrance Document
VENDOR I LOCAL AGENCY,
City of La Quinta
CONTRACTAMOUNT'
$9,456,775.00
PROCUREMENT TYPE
Local Assistance
1 i o 0 alms i ,� -.ei i �i -;�alh �� r„� `� s�nal::, .� Rd36410OI [DD 368G n.wme
ADA N tl ,. ., a: a ''.a 2 -.
0110712011
08-RIV-0-LQNT
B R-N BiL(503)
SPECIAL COVENANTS OR REMARKS
1. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
2. 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).
3. 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 andior the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et
sec.).
4. As a condition for receiving federal -aid highway funds for the PROJECT, the
Administering Agency certifies that NO members of the elected board, council, or other
Key decision makers are on the Federal Government Excluded Parties List System
(EPLS)
5. A',rtard 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.v4i cause a delay in the State processing invoices for the construction
p'•7ase.
Please refer to Section 15.71 "Award Package" e` the Lo-a Assistance Procedures
Manual,
0, An1, State and Federal funds that may have been, enCUrnbered fortis project ail
aviilable for sbursement for limited periods o`: time. For e?ci- fund encumbrance the.
.rJ`.11 the star'. o' trie fiscal y ar that the Sper'lii.., ft;';d v:as aopro'7rated
`•.,,,.;- t'E!idge Act t..� q'a:,licable Lunt Raversio i�at on t•le Sate
..ete?. Ps Govemmenl, Code J.... J '-(3:3'14 a'; proj. c f VIC's
r, :, lcat o'i F.I i`1ea.. deriiiil:� will refer-, unless pa`igex9c''+�.?'k
L.S., G:.,te IJ real. �.'J —4 by ill- +. D Vn.N!C T ` \ING v`J .=.II a��4
0110712011
08-RIV-0-LQNT
BR-NBILt5031
SPECIAL COVENANTS OR REMARKS
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.
7. 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 t180j 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 Pracedures Manual.
r , 5upal�rn�rr 08-51433=-1 pap,
DATE:
TO:
MEETING DATE
ITEM NO.:
TITLE:
•
P.O. Box 1504
LA QUINTA, CALIFORNIA 92247-1504
78-495 CALLF TAMPICO (760) 7 7 7 - 7 0 0 0
LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101
Minute Action of the La Quinta City Council
May 4, 2011
Hazel D. Barnes -Williams
Department of Transportation
Division of Local Assistance
1120 N Street, MS#1 / PO Box 942874
Sacramento, CA 94274-0001
May 3, 2011
Consent Calendar item #8
APPROVAL OF PROGRAM SUPPLEMENTAL AGREEMENT NUMBER 007-N
REV-1 TO AGENCY -STATE AGREEMENT NUMBER 08-5433R FOR
FEDERAL FUNDING TOWARD THE ADAMS STREET BRIDGE
IMPROVEMENTS AND AUTHORIZE THE CITY MANAGER TO EXECUTE
THE AGREEMENT; AND AWARD OF CONTRACT TO CONSTRUCT THE
ADAMS STREET BRIDGE IMPROVEMENTS, PROJECT NO. 2006-06
It was duly moved by Council Member Sniff and seconded by Council Member Franklin to
approve the program supplemental agreement number 007-N Rev-1 to agency -state agreement number 08-
5433R for federal funding toward the Adams Street bridge improvements and authorize the City Manager to
execute the agreement: and award a contract in the amount of $8 287 990 to FTR International Inc to
construct the Adams Street bridge improvements project no 2006-06 and accept the pre -award
contract audit' performed for TY LIN International's construction management services contract
prepared by an independent auditor.
The motion carried by the following vote of the City Council:
AYES: Council Members Evans, Franklin, Henderson, Sniff, and Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
STATE OF CALIFORNIA 1
COUNTY OF RIVERSIDE ► §
CITY OF LA QUINTA
I, Veronica J. Montecino, City Clerk of the La Quinta City Council hereby certify, under penalty
of perjury, that the foregoing is a true and correct excerpt from the minutes of the action taken
by the L Quinta City ouncil at a m ing held Tuesday, May 3, 2011.
VERONICA ONTECINO, CIVIC, City Clerk
City of La Quinta, California
DEPARTMENT OF TRANSPORTATION
DIVISION OF ACCOUNTING
LOCAL PROGRAM ACCOUNTING BRANCH
Attention: City of La Quinta
FINANCE LETTER
Date: 11/13/2013
A,qFn-c-v--. OS-RIV-O-LQNT
Project No: BRLKS-5433(014)
EA No:
FINANCE ITS
ITEMS
PRO RATA OR
LUMP SUM
TOT AL COST OF
WORK
FEDERAL PART.
COST
FED.REIMB%
FEDERAL FUND3
NIM
FEDERAL FU NDS
H1C0
LOCAL FUNDS
OTNERFUNDS
Agency Preliminary Engineering
Pro Rata
$1,750,000.
$1.750,OW.M
88.53%
$1,545,084,M
$4,191.
$200,7250
$0.0
Totals:
1,750,000.
1,750,000. (
0.00X
1,545,084.
191.0
200,725.0
$0.0
Fed. Partic: 100.00% This Finance Letter was created based on specific financial information provided by the responsible local agency. The following
encumbrance history Is prepared by Local Assistance Accounting Office and is provided here for local agency's information and action.
Signature: a� tr For questions regarding finance letter, contact:
Title: HO Local Assistance Area Engineer Printed Name: Patrick Louie
Telephone No: (916) 653-7349
Remarks: LWC #00L0070. Reimbursement ratio = 88.53%. `
ACCOUNTING INFORMATION _ BRLKS-5433(014)
Adv. Proj. ID Approp. Unit State Prog. Fed/State Encumbrance Amount Approp Year Expenditure Amount Encumbrance Balance Reversion Date
0813000144 13102E 2030010300 F $1,549,275.00 1213 $0.00 $1,549,275.00 1 06/30/18
Page 1 of 1
PROGRAM SUPPLEMENT NO. N013
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO 08-5433R
Adv Project ID Date: September 13, 2013
0813000144 Location: 08-RIV-0-LONT
Project Number: BRLKS-5433(014)
EA. Number:
Locode: 5433
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 12/18/06 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 Resekition No. s approved by the Administering Agency on It>- I-S-o-c 13
(See copy attached). tiwtt lic_-i a ,n
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:
Dune Palms Road over Coachella Valley Stormwater Channel (Whitewater River), LWC #OOL0070
TYPE OF WORK: Replace low water crossing with 4-lane bridge
LENGTH: 0.0(MILES)
Estimated Cost
Federal Funds
Matching Funds
M240 $1,545,084.00
LOCAL
OTHER
H1C0 $4,191.00
$1,750,000.00
$200,725.0
$0.0(
CITY OF LA QUINTA
By
Sp-c`Title Frank J. vacek, City Manager
Date
Attest
STATE OF CALIFORNIA
�Dyeparbne of Transpo on
tU Chief, Office of Proct Implementation
Division of Local Assistance
Date �2 30, �a/3
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer tq6 rl, a Date - i �I - 3 $1.549,275.00
Chanter I Statutes I Item I Year I Program I BC I Category I Fund Source I AMOUNT
Program Supplement 08-5433R-N013- ISTEA Page 1 of 3
• STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF (REV. 01/2010)
Page i of 1
Claims Audits
3301 "C" Street, Rm 404
Sacramento. CA 85816
Department of Transportation
SUBJECT:
Encumbrance Document
VENDOR/LOCAL AGENCY:
CITY OF LA QUINTA
CONTRACT AMOUNT:
$ 1,549,275.00
PROCUREMENT TYPE:
Local Assistance
ADA NOtlr For individuals with sensory disabilities, this document is available in alternate formats. For information, call (915) 654-6410 of TOD (916) -3880 or write
Records and Forms Management, 1120 N. Street, MS-89, Sacramento, CA 95814.
OP-RIV-0-LQNT 09111312013
BRL'KS-5433(014)
SPECIAL COVENANTS OR REMARKS
1. ADMINISTERING AGENCY agrees that it will only proceed with work authorizedfor
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).
2. 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 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.
3. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
4. Award information shall be submitted by the ADMINISTERING AGENCY to the District
Local Assistance Engineer within 60 days of 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 invoices for the construction
phase. Please refer to Section 15.7 "Award Package" of the Local Assistance
Procedures Manual.
5. 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
Program Supplement 08-5433R-N013- ISTEA Page 2 of 3
08-RIV-0-LQNT 09/13/2013
, 13RLKS-54331014)
SPECIAL COVENANTS OR REMARKS
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.
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 rnay, 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.).
As a condition for receiving federal -aid highway funds for the PROJECT, the
Administering Agency certifies that NO members of the elected board, council, or other
key decision makers are on the Federal Government Excluded Parties List System
(EPLS).
8. In the event that right of way acquisition for or construction of this project of the initial
federal authorization for preliminary engineering is not started by the close of the tenth
fiscal year following the fiscal year in which the project is authorized, the
ADMINISTERING AGENCY shall repay the Federal Highway Administration through
Caltrans the sum of Federal funds paid under the terms of this agreement.
Program Supplement 08-5433R-N013- ISTEA Page 3 of 3
OFFICE OF THE CITY CLERK
78-495 CALLE TAMPICO
LA QUINTA, CA 92253
760.777.7000
www.La-Quinta.org
MINUTE ACTION OF THE LA QUINTA CITY COUNCIL
Meeting Date: October 15, 2013
Agenda Item No.: Consent Calendar Item No. 5
Recommendation: Approve the program supplemental agreement with California Department of
Transportation and the Federal Highways Administration; authorize the City
Manager to execute the agreement; and authorize staff to advertise the
request for proposal to obtain professional engineering services to prepare
the plans, specifications and engineer's estimate for the Dune Palms Road
Bridge improvement.
Motion: It was moved by Councilmember Franklin and seconded by Councilmember
Evans to approve the Consent Calendar as recommended [including Item No.
5 without comment].
Vote: AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph
NOES: None
ABSENT:None
ABSTAIN: None
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF LA QUINTA )
I, Susan Maysels, City Clerk of the La Quinta City Council hereby certify, under penalty of perjury,
that the foregoing is a true and correct excerpt from the minutes of the action taken by the
La Quinta City Council at a meeting held Tuesday, October 15, 2013,
SUSAN MAYSELS, City C erk
City of La Quinta, California
PROGRAM SUPPLEMENT NO. N014
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO 08-5433R
Adv Project ID Date: November 17, 2015
0814000016 Location: 08-RIV-0-LQNT
Project Number: STPL-5433(016)
E.A. Number:
. Locode: 5433
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 12/18/06 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 Resel+Aien No. �� approved by the Administering Agency on oec. 6. 2fts
(See copy attached). RPgdXT;KM
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:
Washington Street from Avenue 52 to Calle Tampico
TYPE OF WORK: Road reconstruction
LENGTH: 0.3(MILES)
Estimated Cost Federal Funds I I Matching Funds
M23E $249,507.00 1 LOCAL I I OTHER
$424,133.00
$174,626.0
$0.00
CITY OF LA QUI TA STATE OF CALIFORNIA
Department of Transportation
By B
Tit e vace Chief, ffice ofProlei6t Implementation
Divisio of Local Assistance
Date 2016
Date
Attest
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
+ r/�
Accounting Officer Date � $249,507.00
Chapter I Statutes I Item I Year I Program I BC I Category I Fund Source AMOUNT
Program Supplement 08-5433R-N014- ISTEA Page 1 of 3
OP-RIV-0-LQNT 1111712015
ST PL-5433(016)
SPECIAL COVENANTS OR REMARKS
1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
B. 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).
C. Award information shall be submitted by the ADMINISTERING AGENCY -to the
District Local Assistance Engineer within 60 days of 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 invoices for the construction
phase. Attention is directed to Section 15.7 "Award Package" of the Local .Assistance
Procedures Manual.
D. 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 encumbrances 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.
E. 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
Program Supplement 08-5433R-N014- ISTEA Page 2 of 3
Q8-RIV-0-LQNT
STPL-5433(016)
SPECIAL COVENANTS OR REMARKS
11 /17/2015
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.).
F. 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 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.
G. As a condition for receiving federal -aid highway funds for the PROJECT, the .
Administering Agency certifies that NO members of the elected board, council, or other
key decision makers are on the Federal Government Exclusion List. Exclusions can be
found at www.sam.gov. ,
H. STATE and ADMINISTERING AGENCY agree that any additional funds which are
made available for any new phase(s) of work by future Federal obligations will be
encumbered on this PROJECT by use of a Federal Highway Administration -approved
"Authorization to Proceed" (E-76) STATE Finance Letter. ADMINISTERING AGENCY
agrees that Federal funds available for reimbursement will be limited to the amounts
obligated by the Federal Highway Administration.
Program Supplement 08-5433R-N014- ISTEA Page 3 of 3
1
STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION RM Utilities (4E1/4SBVE1)
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF (REV. 01/2010)
Claims Audits
3301 "C" Street, Rm 404
Sacramento, CA 95816
FROM:
Department of Transportation
SUBJECT:
Encumbrance Document
VENDOR/LOCAL AGENCY:
CITY OF LA QUINTA
$ 249,507.00
PROCUREMENT TYPE:
Local Assistance
DATE PREPARED:
11/17/2015
REQUISITION NUMBER / CONTRACT NUMBER:
RQS 081600000269
Page 1 of 1
PROJECT NUMBER:
0814000016
ADA Noth For individuals with sensory disabilities, this document is available in alternate formats. For information, call (915) 654-6410 of TDD (916) -3880 or write
Records and Forms Management, 1120 N. Street, MS-89, Sacramento, CA 95814.
Meeting Date
Agenda Item No.:
TIVY 4 4 a"
OFFICE OF THE CITY CLERK
78-495 CALLE TAMPICO
LA QUINTA, CA 92253
CERTIFICATION OF MINUTE ACTION
OF THE LA QUINTA CITY COUNCIL
December 15, 2015
Consent Calendar Item No. 13
760.777.7000
www.La-Quinta.org
Recommendation: APPROVE PROGRAM SUPPLEMENTAL AGREEMENT NO. 014-N TO
ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID
PROJECTS NO. 08-5433R AND AN APPROVED FINANCE LETTER WITH
CALIFORNIA DEPARTMENT OF TRANSPORTATION AND FEDERAL
HIGHWAYS ADMINISTRATION FOR THE STREET REHABILITATION
PROJECT LOCATED ON WASHINGTON STREET FROM AVENUE 52 TO
CALLE TAMPICO IN LA QUINTA AND AUTHORIZE THE CITY MANAGER TO
EXECUTE THE AGREEMENT
Motion: It was moved by Councilmember Franklin and seconded by Councilmember Radi
to approve Program Supplemental Agreement No. 014-N as recommended and
authorizing the City Manager to execute the Agreement.
Vote: AYES: Councilmembers Franklin, Osborne, Pena, Radi, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §
CITY OF LA QUINTA )
I, Susan Maysels, City Clerk of the La Quinta City Council hereby certify, under penalty of perjury, that
the foregoing is a true and correct excerpt from the minutes of the action taken by the La Quinta City
Council at a meeting held Tuesday, December 15, 2015.
SUSAN MAYSELS, City
City of La Quinta, California
01'01f•)41,
date
[CITY SEAL]
MEMORANDUM
TO: Frank J. Spevacek, City Manager
FROM: Timothy R. Jonasson, Design and Development Director/City Engineer
DATE: November 3, 2016
RE: MASTER AGREEMENT BETWEEN THE STATE OF CALIFORNIA DEPARTMENT
OF TRANSPORTATION (CALTRANS) AND THE CITY OF LA QUINTA,
ESTABLISHING AUTHORIZATION TO THE CITY MANAGER AS
ADMINISTERTING AGENCY TO EXECUTE FEDERAL AID PROJECTS AND
CALIFORNIA DEPARTMENT OF TRANSPORTATION FEDERAL -AID
SUPPLEMENTAL AGREEMENTS
Attached for your review and signature is a Master Agreement between the State of
California through its Department of Transportation (CALTRANS) and the City of La
Quinta establishing the authorization referenced above.
The State requires original signatures. Please provide your original signature on the
two copies provided, and advise the City Clerk once you have done so. The City Clerk
will return for final distribution of the Master Agreement.
Requesting department shall check and attach the items below as appropriate:
N/A Contract payments will be charged to account number:
N/A A Conflict of Interest Form 700 Statement of Economic Interests from Consultants) is attached with
no reportable interests in LQ or T reportable interests
A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not meet the
definition in FPPC regulation 18701(2).
Authority to execute this agreement is based upon:
X Approved by the City Council on (date) November 1, 2016
City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of
$50,000 or less
Initial to certify that 3 written informal bids or proposals were received and considered in selection
The following required documents are attached to the agreement:
N/A Insurance certificates as required by the agreement (initialed by Risk Manager on. date)
Performance bonds as required by the agreement (originals)
N/A City of La Quinta Business License
Purchase Order number
5W
MASTER AGREEMENT
ADMINISTERING AGENCY -STATE AGREEMENT FOR
FEDERAL -AID PROJECTS
08 City of La Quinta
District Administering Agency
Agreement No. 08-5433F15
This AGREEMENT, is entered into effective this 'V� day of )Vt'-11 , 20 l,t�, by and
between City of La Quinta, hereinafter referred to as "ADMINISTERING AGENCY," and the State
of California, acting by and through its Department of Transportation (Caltrans), hereinafter
referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY."
RECITALS:
1. WHEREAS, the Congress of the United States has enacted the Intermodal Surface
Transportation Efficiency Act (ISTEA) of 1991 and subsequent Transportation Authorization Bills
to fund transportation programs; and
2. WHEREAS, the Legislature of the State of California has enacted legislation by which certain
federal -aid funds may be made available for use on local transportation related projects of public
entities qualified to act as recipients of these federal -aid funds in accordance with the intent of
federal law; and
3. WHEREAS, before federal funds will be made available for a specific program project,
ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish
terms and conditions applicable to the ADMINISTERING AGENCY when receiving federal funds
for a designated PROJECT facility and to the subsequent operation and maintenance of that
completed facility.
NOW, THEREFORE, the PARTIES agree as follows:
Page 1 of 26
ARTICLE I - PROJECT ADMINISTRATION
1. This AGREEMENT shall have no force or effect with respect to any program project unless and
until a project -specific "Authorization/Agreement Summary", herein referred to as "E-76"
document, is approved by STATE and the Federal Highway Administration (FHWA).
2. The term "PROJECT", as used herein, means that authorized transportation related project and
related activities financed in part with federal -aid funds as more fully -described in an
"Authorization/ Agreement Summary" or "Amend ment/Modification Summary", herein referred to
as "E-76" or "E-76 (AMOD)" document authorized by STATE and the Federal Highway
Administration (FHWA).
3. The E-76/E-76 (AMOD) shall designate the party responsible for implementing PROJECT, type
of work and location of PROJECT.
4. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the
ADMINISTERING AGENCY to receive federal -aid funds from/through STATE for designated
PROJECT. The PROGRAM SUPPLEMENT shall also show these federal funds that have been
initially encumbered for PROJECT along with the matching funds to be provided by
ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the
PARTIES shall cause ADMINISTERING AGENCY to adopt all of the terms of this AGREEMENT
as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly
delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written
concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the
governing body of ADMINISTERING AGENCY.
5. ADMINISTERING AGENCY agrees to execute and return each project -specific PROGRAM
SUPPLEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may suspend
future authorizations/obligations and invoice payments for any on -going or future federal -aid
project performed by ADMINISTERING AGENCY if any project -specific PROGRAM
SUPPLEMENT is not returned within that ninety (90) day period unless otherwise agreed by
STATE in writing.
6. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of
federal funds encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to
comply with the terms and conditions of this AGREEMENT and all of the agreed -upon Special
Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and
Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the
specific PROJECT.
7. Federal, state and matching funds will not participate in PROJECT work performed in advance
of the approval of the E-76 or E-76 (AMOD), unless otherwise stated in the executed project -
specific PROGRAM SUPPLEMENT. ADMINISTERING AGENCY agrees that it will only proceed
with the work authorized for that specific phase(s) on the project -specific E-76 or E-76 (AMOD).
ADMINISTERING AGENCY further agrees to not proceed with future phases of PROJECT prior to
receiving an E-76 (AMOD) from STATE for that phase(s) unless no further federal funds are
needed or for those future phase(s).
Page 2 of 26
8. That PROJECT or portions thereof, must be included in a federally approved Federal Statewide
Transportation Improvement Program (FSTIP) prior to ADMINISTERING AGENCY submitting the
"Request for Authorization".
9. ADMINISTERING AGENCY shall conform to all state statutes, regulations and procedures
(including those set forth in the Local Assistance Procedures Manual and the Local Assistance
Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES")
relating to the federal -aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR part
200 federal requirements, and all applicable federal laws, regulations, and policy and procedural
or instructional memoranda, unless otherwise specifically waived as designated in the executed
project -specific PROGRAM SUPPLEMENT.
10. If PROJECT is not on STATE -owned right of way, PROJECT shall be constructed in
accordance with LOCAL ASSISTANCE PROCEDURES that describes minimum statewide design
standards for local agency streets and roads. LOCAL ASSISTANCE PROCEDURES for projects
off the National Highway System (NHS) allow STATE to accept either the STATE's minimum
statewide design standards or the approved geometric design standards of ADMINISTERING
AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY -
approved standard specifications, standard plans, materials sampling and testing quality
assurance programs that meet the conditions described in the then current LOCAL ASSISTANCE
PROCEDURES.
11. If PROJECT involves work within or partially within STATE -owned right-of-way, that
PROJECT shall also be subject to compliance with the policies, procedures and standards of the
STATE Project Development Procedures Manual and Highway Design Manual and, where
appropriate, an executed Cooperative Agreement between STATE and ADMINISTERING
AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES.
ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through
STATE prior to commencing any work within STATE rights of way or work which affects STATE
facilities.
12. 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 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 under the contract.
13. If PROJECT is using STATE funds, the Department of General Services, Division of the State
Architect, or its designee, shall review the contract PS&E for the construction of buildings,
structures, sidewalks, curbs and related facilities for accessibility and usability. ADMINISTERING
AGENCY shall not award a PROJECT construction contract for these types of improvements until
the State Architect has issued written approval stating that the PROJECT plans and specifications
comply with the provisions of sections 4450 and 4454 of the California Government Code, if
applicable. Further requirements and guidance are provided in Title 24 of the California Code of
Regulations.
14. ADMINISTERING AGENCY will advertise, award and administer PROJECT in accordance
with the current LOCAL ASSISTANCE PROCEDURES unless otherwise stated in the executed
project -specific PROGRAM SUPPLEMENT.
Page 3 of 26
15. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection
of each PROJECT. While consultants may perform supervision and inspection work for PROJECT
with a fully qualified and licensed engineer, ADMINISTERING AGENCY shall provide a full-time
employee to be in responsible charge of each PROJECT who is not a consultant.
16. ADMINISTERING AGENCY shall submit PROJECT -specific contract award documents to
STATE's District Local Assistance Engineer within sixty (60) days after contract award. A copy of
the award documents shall also be included with the submittal of the first invoice for a construction
contract by ADMINISTERING AGENCY.
17. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute
a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure
by ADMINISTERING AGENCY to submit a "Report of Expenditures" within one hundred eighty
(180) days of project completion will result in STATE imposing sanctions upon ADMINISTERING
AGENCY in accordance with the current LOCAL ASSISTANCE PROCEDURES.
18. ADMINISTERING AGENCY shall comply with: (i) section 504 of the Rehabilitation Act of 1973
which prohibits discrimination on the basis of disability in federally assisted programs; (ii) the
Americans with Disabilities Act (ADA) of 1990 which prohibits discrimination on the basis of
disability irrespective of funding; and (iii) all applicable regulations and guidelines issued pursuant
to both the Rehabilitation Act and the ADA.
19. The Congress of the United States, the Legislature of the State of California and the Governor
of the State of California, each within their respective jurisdictions, have prescribed certain
nondiscrimination requirements with respect to contract and other work financed with public funds.
ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT
PRACTICES ADDENDUM (Exhibit A attached hereto) and the NONDISCRIMINATION
ASSURANCES (Exhibit B attached hereto). ADMINISTERING AGENCY further agrees that any
agreement entered into by ADMINISTERING AGENCY with a third party for performance of
PROJECT -related work shall incorporate Exhibits A and B (with third party's name replacing
ADMINISTERING AGENCY) as essential parts of such agreement to be enforced by that third
party as verified by ADMINISTERING AGENCY.
Page 4 of 26
ARTICLE II - RIGHTS OF WAY
1. No contract for the construction of a federal -aid PROJECT shall be awarded until all necessary
rights of way have been secured. Prior to the advertising for construction of PROJECT,
ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence
that all necessary rights of way are available for construction purposes or will be available by the
time of award of the construction contract.
2. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability
that may result in the event the right of way for a PROJECT, including, but not limited to, being
clear as certified or if said right of way is found to contain hazardous materials requiring treatment
or removal to remediate in accordance with Federal and State laws. The furnishing of right of way
as provided for herein includes, in addition to all real property required for the PROJECT, title free
and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by
applicable law, of relocation costs and damages to remainder real property not actually taken but
injuriously affected by PROJECT. ADMINISTERING AGENCY shall pay, from its own non -
matching funds, any costs which arise out of delays to the construction of PROJECT because
utility facilities have not been timely removed or relocated, or because rights of way were not
available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work.
3. Subject to STATE approval and such supervision as is required by LOCAL ASSISTANCE
PROCEDURES over ADMINISTERING AGENCY's right of way acquisition procedures,
ADMINISTERING AGENCY may claim reimbursement from federal funds for expenditures
incurred in purchasing only the necessary rights of way needed for the PROJECT after crediting
PROJECT with the fair market value of any excess property retained and not disposed of by
ADMINISTERING AGENCY.
4. When real property rights are to be acquired by ADMINISTERING AGENCY for a PROJECT,
said ADMINISTERING AGENCY must carry out that acquisition in compliance with all applicable
State and Federal laws and regulations, in accordance with State procedures as published in
State's current LOCAL ASSISTANCE PROCEDURES and STATE's Right -of -Way Manual,
subject to STATE oversight to ensure that the completed work is acceptable under the Federal
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
5. Whether or not federal -aid is to be requested for right of way, should ADMINISTERING
AGENCY, in acquiring right of way for PROJECT, displace an individual, family, business, farm
operation, or non-profit organization, relocation payments and services will be provided as set
forth in 49 CFR, Part 24. The public will be adequately informed of the relocation payments and
services which will be available, and, to the greatest extent practicable, no person lawfully
occupying real property shall be required to move from his/her dwelling or to move his/her
business or farm operation without at least ninety (90) days written notice from ADMINISTERING
AGENCY. ADMINISTERING AGENCY will provide STATE with specific assurances, on each
portion of the PROJECT, that no person will be displaced until comparable decent, safe and
sanitary replacement housing is available within a reasonable period of time prior to displacement,
and that ADMINISTERING AGENCY's relocation program is realistic and adequate to provide
orderly, timely and efficient relocation of PROJECT -displaced persons as provided in 49 CFR,
Part 24.
Page 5 of 26
6. ADMINISTERING AGENCY shall, along with recording the deed or instrument evidencing title
in the name of the ADMINISTERING AGENCY or their assignee, also record an Agreement
Declaring Restrictive Covenants (ADRC) as a separate document incorporating the assurances
included within Exhibits A and B and Appendices A, B, C and D of this AGREEMENT, as
appropriate.
Page 6 of 26
ARTICLE III - MAINTENANCE AND MANAGEMENT
1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed,
constructed, rehabilitated, or restored by PROJECT 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 PROJECT property may transfer
this obligation and responsibility to maintain and operate PROJECT property for that intended
public purpose to another public entity.
2. Upon ADMINISTERING AGENCY's acceptance of the completed federal -aid construction
contract or upon contractor being relieved of the responsibility for maintaining and protecting
PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership,
liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized
representatives of STATE and FHWA and if PROJECT falls within the jurisdictional limits of
another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate
maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies
providing for the operation, maintenance, ownership and liability of PROJECT. Until those
agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT
operations, maintenance, ownership and liability in a manner satisfactory to the authorized
representatives of STATE and FHWA. If, within ninety (90) days after receipt of notice from
STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained
and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the
approval of future federal -aid projects of ADMINISTERING AGENCY will be withheld until the
PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE
and FHWA. The provisions of this section shall not apply to a PROJECT that has been vacated
through due process of law with STATE's concurrence.
3. PROJECT and its facilities shall be maintained by an adequate and well -trained staff of
engineers and/or such other professionals and technicians as PROJECT reasonably requires.
Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another
unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All
maintenance will be performed at regular intervals or as required for efficient operation of the
complete PROJECT improvements.
Page 7 of 26
ARTICLE IV - FISCAL PROVISIONS
1. All contractual obligations of STATE are subject to the appropriation of resources by the
Legislature and the allocation of resources by the California Transportation Commission (CTC).
2. STATE'S financial commitment of federal funds will occur only upon the execution of this
AGREEMENT, the authorization of the project -specific E-76 or E-76 (AMOD), the execution of
each project -specific PROGRAM SUPPLEMENT, and STATE's approved finance letter.
3. ADMINISTERING AGENCY may submit signed invoices in arrears for reimbursement of
participating PROJECT costs on a regular basis once the project -specific PROGRAM
SUPPLEMENT has been executed by STATE.
4. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six
(6) months commencing after the funds are encumbered on either the project -specific PROGRAM
SUPPLEMENT or through a project -specific finance letter approved by STATE. STATE reserves
the right to suspend future authorizations/obligations, and invoice payments for any on -going or
future federal -aid project by ADMINISTERING AGENCY if PROJECT costs have not been
invoiced by ADMINISTERING AGENCY for a six (6) month period.
5. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address
of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE
PROCEDURES.
6. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation
for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY.
ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if
requested by State. Acceptable backup documentation includes, but is not limited to, agency's
progress payment to the contractors, copies of cancelled checks showing amounts made payable
to vendors and contractors, and/or a computerized summary of PROJECT costs.
7. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursement of
actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY.
8. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost
Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans
Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking
reimbursement of indirect costs incurred within each fiscal year being claimed for State and
federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set
forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the
ICAP/ICRP approval procedures established by STATE.
9. Once PROJECT has been awarded, STATE reserves the right to de -obligate any excess
federal funds from the construction phase of PROJECT if the contract award amount is less than
the obligated amount, as shown on the PROJECT E-76 or E-76 (AMOD).
10. STATE will withhold the greater of either two (2) percent of the total of all federal funds
encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY
submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT
PROJECT.
Page 8 of 26
11. The estimated total cost of PROJECT, the amount of federal funds obligated, and the required
matching funds may be adjusted by mutual consent of the PARTIES hereto with a finance letter, a
detailed estimate, if required, and approved E-76 (AMOD). Federal -aid funding may be increased
to cover PROJECT cost increases only if such funds are available and FHWA concurs with that
increase.
12. When additional federal -aid funds are not available, ADMINISTERING AGENCY agrees that
the payment of federal funds will be limited to the amounts authorized on the PROJECT specific
E-76 / E-76 (AMOD) and agrees that any increases in PROJECT costs must be defrayed with
ADMINISTERING AGENCY's own funds.
13. ADMINISTERING AGENCY shall use its own non-federal funds to finance the local share of
eligible costs and all expenditures or contract items ruled ineligible for financing with federal funds.
STATE shall make the determination of ADMINISTERING AGENCY's cost eligibility for federal
fund financing of PROJECT costs.
14. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work
performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include
overhead assessments in accordance with section 8755.1 of the State Administrative Manual.
15. Federal and state funds allocated from the State Transportation Improvement Program (STIP)
are subject to the timely use of funds provisions enacted by Senate Bill 45, approved in 1997, and
subsequent STIP Guidelines and State procedures approved by the CTC and STATE.
16. Federal funds encumbered for PROJECT are available for liquidation for a period of six (6)
years from the beginning of the State fiscal year the funds were appropriated in the State Budget.
State funds encumbered for PROJECT are available for liquidation only for six (6) years from the
beginning of the State fiscal year the funds were appropriated in the State Budget. Federal or
state funds not liquidated within these periods will be reverted unless a Cooperative Work
Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California
Department of Finance (per Government Code section 16304). The exact date of fund reversion
will be reflected in the STATE signed finance letter for PROJECT.
17. Payments to ADMINISTERING AGENCY for PROJECT -related travel and subsistence (per
diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors
claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid
rank and file STATE employees under current State Department of Personnel Administration
(DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates,
ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments
inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on
demand within thirty (30) days of such invoice.
18. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative
Requirements, Cost Principles and Audit Requirement for Federal Awards.
19. 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., shall be used to determine the allowability of
individual PROJECT cost items.
Page 9 of 26
20. Every sub -recipient receiving PROJECT funds under this AGREEMENT shall comply with 2
CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public
Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E
services), and other applicable STATE and FEDERAL regulations.
21. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit
that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48
CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to
repayment by ADMINISTERING AGENCY to STATE.
22. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by
STATE as provided hereunder or should ADMINISTERING AGENCY breach this AGREEMENT
by failing to complete PROJECT without adequate justification and approval by STATE, then,
within thirty 30 days of demand, or within such other period as may be agreed to in writing
between the PARTIES, STATE, acting through the State Controller, the State Treasurer, or any
other public entity or agency, may withhold or demand a transfer of an amount equal to the
amount paid by or owed to STATE from future apportionments, or any other funds due
ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds,
and/or may withhold approval of future ADMINISTERING AGENCY federal -aid projects.
23. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or
otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint
powers authority, special district, or any other public entity not directly receiving funds through the
State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding
are available, including the withholding or transfer of funds, pursuant to Article IV - 22, from those
constituent entities comprising a joint powers authority or by bringing of an action against
ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by
STATE hereunder.
24. ADMINISTERING AGENCY acknowledges that the signatory party represents the
ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers
Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or
otherwise limit STATE's ability to recover State funds improperly spent by ADMINISTERING
AGENCY in contravention of the terms of this AGREEMENT.
Page 10 of 26
ARTICLE V
AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS
1. STATE reserves the right to conduct technical and financial audits of PROJECT work and
records and ADMINISTERING AGENCY agrees, and shall require its contractors and
subcontractors to agree, to cooperate with STATE by making all appropriate and relevant
PROJECT records available for audit and copying as required by paragraph three (3) of ARTICLE
V.
2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a
financial management system and records that properly accumulate and segregate reasonable,
allowable, and allocable incurred PROJECT costs and matching funds by line item for the
PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and
all subcontractors shall conform to Generally Accepted Accounting Principles, enable the
determination of incurred costs at interim points of completion, and provide support for
reimbursement payment vouchers or invoices sent to or paid by STATE.
3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and
STATE shall each maintain and make available for inspection and audit by STATE, the California
State Auditor, or any duly authorized representative of STATE or the United States all books,
documents, papers, accounting records, and other evidence pertaining to the performance of such
contracts, including, but not limited to, the costs of administering those various contracts and
ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced
parties shall make such AGREEMENT, PROGRAM SUPPLEMENT and contract materials
available at their respective offices at all reasonable times during the entire PROJECT period and
for three (3) years from the date of submission of the final expenditure report by the STATE to the
FHWA.
4. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act
of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year. The Federal
Funds received under a PROGRAM SUPPLEMENT are a part of the Catalogue of Federal
Domestic Assistance (CFDA) 20.205.
5. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the
terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING
AGENCY's annual audit and in the schedule of projects to be examined under its single audit
prepared in accordance with 2 CFR, Part 200.
6. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction
contract over $10,000, or other contracts over $25,000 (excluding professional service contracts of
the type which are required to be procured in accordance with Government Code sections 4525
(d), (e) and (f)) on the basis of a noncompetitive negotiation for work to be performed under this
AGREEMENT without the prior written approval of STATE. Contracts awarded by
ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set
forth in this AGREEMENT regarding local match funds.
Page 11 of 26
7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT
shall contain provisions 5, 6, 17, 19 and 20 of ARTICLE IV, FISCAL PROVISIONS, and provisions
1, 2, and 3 of this ARTICLE V, AUDITS, THIRD -PARTY CONTRACTING RECORDS
RETENTION AND REPORTS.
8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match
funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the
same manner as required of all other PROJECT expenditures.
9. In addition to the above, the pre -award requirements of third -party contractor/consultants with
ADMINISTERING AGENCY should be consistent with the LOCAL ASSISTANCE PROCEDURES.
Page 12 of 26
ARTICLE VI - FEDERAL LOBBYING ACTIVITIES CERTIFICATION
1. By execution of this AGREEMENT, ADMINISTERING AGENCY certifies, to the best of the
signatory officer's knowledge and belief, that:
A. No federal or state appropriated funds have been paid or will be paid, by or on behalf of
ADMINISTERING AGENCY, to any person for influencing or attempting to influence an officer or
employee of any STATE or federal agency, a member of the State Legislature or United States
Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of
the Legislature or Congress in connection with the awarding of any STATE or federal contract,
including this AGREEMENT, the making of any STATE or federal loan, the entering into of any
cooperative contract, and the extension, continuation, renewal, amendment, or modification of any
STATE or federal contract, grant, loan, or cooperative contract.
B. If any funds other than federal appropriated funds have been paid, or will be paid, to any person
for influencing or attempting to influence an officer or employee of any federal agency, a member
of Congress, an officer or employee of Congress or an employee of a member of Congress in
connection with this AGREEMENT, grant, local, or cooperative contract, ADMINISTERING
AGENCY shall complete and submit Standard Form-LLL, "Disclosure Form to Rep Lobbying," in
accordance with the form instructions.
C. This certification is a material representation of fact upon which reliance was placed when this
AGREEMENT and each PROGRAM SUPPLEMENT was or will be made or entered into.
Submission of this certification is a prerequisite for making or entering into this AGREEMENT
imposed by Section 1352, Title 31, United States Code. Any party who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
2. ADMINISTERING AGENCY also agrees by signing this AGREEMENT that the language of this
certification will be included in all lower tier sub -agreements which exceed $100,000 and that all
such sub -recipients shall certify and disclose accordingly.
Page 13 of 26
ARTICLE VII - MISCELLANEOUS PROVISIONS
1. ADMINISTERING AGENCY agrees to use all state funds reimbursed hereunder only for
transportation purposes that are in conformance with Article XIX of the California State
Constitution and the relevant Federal Regulations.
2. 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 manner.
3. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY,
when engaged in the performance of this AGREEMENT, shall act in an independent capacity and
not as officers, employees or agents of STATE or the federal government.
4. Each project -specific E-76 or E-76 (AMOD), PROGRAM SUPPLEMENT and Finance Letter
shall separately establish the terms and funding limits for each described PROJECT funded under
the AGREEMENT. No federal or state funds are obligated against this AGREEMENT.
5. ADMINISTERING AGENCY certifies that neither 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 STATE immediately in the event a suspension or a debarment
occurs after the execution of this AGREEMENT.
6. ADMINISTERING AGENCY warrants, by execution of this AGREEMENT, that no person or
selling agency has been employed or retained to solicit or secure this AGREEMENT upon an
agreement or understanding for a commission, percentage, brokerage, or contingent fee,
excepting bona fide employees or bona fide established commercial or selling agencies
maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or
violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay
only for the value of the work actually performed, or in STATE's discretion, to deduct from the
price of consideration, or otherwise recover, the full amount of such commission, percentage,
brokerage, or contingent fee.
7. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby
certifies under penalty of perjury that no more than one final unappealable finding of contempt of
court by a federal court has been issued against ADMINISTERING AGENCY within the immediate
preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an
order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the
National Labor Relations Board.
8. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with
STATE, FHWA or Federal Transit Administration (FTA) that may have an impact upon the
outcome of this AGREEMENT. ADMINISTERING AGENCY shall also list current contractors who
may have a financial interest in the outcome of this AGREEMENT.
9. ADMINISTERING AGENCY hereby certifies that it does not have nor shall it acquire any
financial or business interest that would conflict with the performance of PROJECT under this
AGREEMENT.
Page 14 of 26
10. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or secured
through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE
employee. For breach or violation of this warranty, STATE shall have the right, in its discretion, to
terminate this AGREEMENT without liability, to pay only for the work actually performed, or to
deduct from the PROGRAM SUPPLEMENT price or otherwise recover the full amount of such
rebate, kickback, or other unlawful consideration.
11. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed
of by agreement shall be decided by the STATE's Contract Officer who may consider any written
or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Officer,
issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact
considered and determined by the Contract Officer.
12. Neither the pending of a dispute nor its consideration by the Contract Officer will excuse
ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this
AGREEMENT.
13. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any
injury, damage or liability occurring by reason of anything done or omitted to be done by STATE,
under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is
understood and agreed that STATE shall fully defend, indemnify and save harmless the
ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions
of every name, kind and description brought forth under, including, but not limited to, tortious,
contractual, inverse condemnation and other theories or assertions of liability occurring by reason
of anything done or omitted to be done by STATE under this AGREEMENT.
14. Neither STATE nor any officer or employee thereof shall be responsible for any injury, 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 arising under this
AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend,
indemnify and save harmless STATE and all of its officers and employees from all claims, suits or
actions of every name, kind and description brought forth under, including, but not limited to,
tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by
reason of anything done or omitted to be done by ADMINISTERING AGENCY under this
AGREEMENT.
15. STATE reserves the right to terminate funding for any PROJECT upon written notice to
ADMINISTERING AGENCY in the event that ADMINISTERING AGENCY fails to proceed with
PROJECT work in accordance with the project -specific PROGRAM SUPPLEMENT, the bonding
requirements if applicable, or otherwise violates the conditions of this AGREEMENT and/or
PROGRAM SUPPLEMENT, or the funding allocation such that substantial performance is
significantly endangered.
Page 15 of 26
16. No termination shall become effective if, within thirty (30) days after receipt of a Notice of
Termination, ADMINISTERING AGENCY either cures the default involved or, if not reasonably
susceptible of cure within said thirty (30) day period, ADMINISTERING AGENCY proceeds
thereafter to complete the cure in a manner and time line acceptable to STATE. Any such
termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of
Termination, which notice shall become effective not less than thirty (30) days after receipt,
specifying the reason for the termination, the extent to which funding of work under this
AGREEMENT is terminated and the date upon which such termination becomes effective, if
beyond thirty (30) days after receipt. During the period before the effective termination date,
ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event
of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by
STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY, STATE
shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the
PROGRAM SUPPLEMENT and/or STATE approved finance letter prior to termination, provided,
however, ADMINISTERING AGENCY is not in default of the terms and conditions of this
AGREEMENT or the project -specific PROGRAM SUPPLEMENT and that the cost of PROJECT
completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY.
17. In case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project -
specific PROGRAM SUPPLEMENT, the terms stated in that PROGRAM SUPPLEMENT shall
prevail over those in this AGREEMENT.
18. Without the written consent of STATE, this AGREEMENT is not assignable by
ADMINISTERING AGENCY either in whole or in part.
19. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in
writing and signed by the PARTIES, and no oral understanding or agreement not incorporated
herein shall be binding on any of the PARTIES.
IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT by their duly
authorized officers.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
r
ay c:
Chief, Office of Project Implementation
Division of Local Assistance
Date I'llaa-AIL) ao �
City of La Quinta
FRANK J. SPEVACEK, City Manager
City of La Quinta, CA
Date
Page 16 of 26
EXHIBIT A
FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against
any employee for employment because of race, color, sex, sexual orientation, religion, ancestry or
national origin, physical disability, medical condition, marital status, political affiliation, family and
medical care leave, pregnancy leave, or disability leave. ADMINISTERING AGENCY will take
affirmative action to ensure that employees are treated during employment without regard to their
race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical
condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or
disability leave. Such action shall include, but not be limited to, the following: employment;
upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including apprenticeship.
ADMINISTERING AGENCY shall post in conspicuous places, available to employees for
employment, notices to be provided by STATE setting forth the provisions of this Fair Employment
section.
2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the
provisions of the Fair Employment and Housing Act (Government Code Section 1290-0 et seq.),
and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2,
Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing
Commission implementing Government Code, Section 12900(a-f), set forth in Chapter 5 of
Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT
by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING
AGENCY'S contractors and all subcontractors shall give written notice of their obligations under
this clause to labor organizations with which they have a collective bargaining or other
agreements, as appropriate.
3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of
this clause in all contracts and subcontracts to perform work under this AGREEMENT.
4. ADMINISTERING AGENCY will permit access to the records of employment, employment
advertisements, application forms, and other pertinent data and records by STATE, the State Fair
Employment and Housing Commission, or any other agency of the State of California designated
by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment
section of this Agreement.
5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred
upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING
AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing
Commission that it has investigated and determined that ADMINISTERING AGENCY has violated
the Fair Employment Practices Act and had issued an order under Labor Code Section 1426
which has become final or has obtained an injunction under Labor Code Section 1429.
Page 17 of 26
(b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate
this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing
the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and
by the surety under the performance bond, if any, and STATE may deduct from any moneys due
or thereafter may become due to ADMINISTERING AGENCY, the difference between the price
named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING
AGENCY's breach of this Agreement.
Page 18 of 26
NONDISCRIMINATION ASSURANCES
ADMINISTERING AGENCY HEREBY AGREES THAT, as a condition to receiving any federal
financial assistance from the STATE, acting for the U.S. Department of Transportation, it will
comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C.
2000d-4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title
49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the
Secretary, Part 21, "Nondiscrimination in Federally -Assisted Programs of the Department of
Transportation - Effectuation of Title VI of the Civil Rights Act of 1964" (hereinafter referred to as
the REGULATIONS), the Federal -aid Highway Act of 1973, and other pertinent directives, to the
end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in
the United States shall, on the grounds of race, color, sex, national origin, religion, age or
disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which ADMINISTERING AGENCY receives
federal financial assistance from the Federal Department of Transportation. ADMINISTERING
AGENCY HEREBY GIVES ASSURANCE THAT ADMINISTERING AGENCY will promptly take
any measures necessary to effectuate this agreement. This assurance is required by subsection
21.7(a) (1) of the REGULATIONS.
More specifically, and without limiting the above general assurance, ADMINISTERING AGENCY
hereby gives the following specific assurances with respect to its federal -aid Program:
1. That ADMINISTERING AGENCY agrees that each "program" and each "facility" as defined in
subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a "program")
conducted, or will be (with regard to a 'facility") operated in compliance with all requirements
imposed by, or pursuant to, the REGULATIONS.
2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations for bids
for work or material subject to the REGULATIONS made in connection with the federal -aid
Program and, in adapted form, in all proposals for negotiated agreements:
ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively insure that in any
agreement entered into pursuant to this advertisement, minority business enterprises will be
afforded full opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, sex, national origin, religion, age, or disability in
consideration for an award.
3. That ADMINISTERING AGENCY shall insert the clauses of Appendix A of this assurance in
every agreement subject to the ACT and the REGULATIONS:
4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with
the land, in any deed effecting a transfer of real property, structures, or improvements thereon, or
interest therein.
Page 19 of 26
5. That where ADMINISTERING AGENCY receives federal financial assistance to construct a
facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in
connection therewith.
6. That where ADMINISTERING AGENCY receives federal financial assistance in the form, or for
the acquisition, of real property or an interest in real property, the Assurance shall extend to rights
to space on, over, or under such property.
7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in Appendix C
and D of this Assurance, as a covenant running with the land, in any future deeds, leases, permits,
licenses, and similar agreements entered into by the ADMINISTERING AGENCY with other
parties:
Appendix C;
(a) for the subsequent transfer of real property acquired or improved under the federal -aid
Program; and
Appendix D;
(b) for the construction or use of or access to space on, over, or under real property acquired, or
improved under the federal -aid Program.
8. That this assurance obligates ADMINISTERING AGENCY for the period during which federal
financial assistance is extended to the program, except where the federal financial assistance is to
provide, or is in the form of, personal property or real property or interest therein, or structures, or
improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any
transferee for the longer of the following periods:
(a) the period during which the property is used for a purpose for which the federal financial
assistance is extended, or for another purpose involving the provision of similar services or
benefits; or
(b) the period during which ADMINISTERING AGENCY retains ownership or possession of the
property.
9. That ADMINISTERING AGENCY shall provide for such methods of administration for the
program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates
specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients,
sub -grantees, applicants, sub -applicants, transferees, successors in interest, and other
participants of federal financial assistance under such program will comply with all requirements
imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the Agreement.
10. That ADMINISTERING AGENCY agrees that the United States and the State of California
have a right to seek judicial enforcement with regard to any matter arising under the ACT, the
REGULATIONS, and this Assurance.
Page 20 of 26
11. 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 STATE assisted contract or in
the administration on its DBE Program or the requirements of 49 CFR Part 26. ADMINISTERING
AGENCY shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-
discrimination in the award and administration of STATE assisted contracts. ADMINISTERING
AGENCY'S DBE Implementation Agreement is incorporated by reference in this AGREEMENT.
Implementation of this program is a legal obligation and failure to carry out its terms shall be
treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out
its approved DBE Implementation Agreement, STATE may impose sanctions as provided for
under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18
USC 1001 and/or the Program Fraud Civil Remedies Act of 1985 (31 USC 3801 et seq.)
THESE ASSURANCES are given in consideration of and for the purpose of obtaining any and all
federal grants, loans, agreements, property, discounts or other federal financial assistance
extended after the date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S.
Department of Transportation, and is binding on ADMINISTERING AGENCY, other recipients,
subgrantees, applicants, sub -applicants, transferees, successors in interest and other participants
in the federal -aid Highway Program.
Page 21 of 26
APPENDIX A TO EXHIBIT B
During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees
and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY)
agrees as follows:
(1) Compliance with Regulations: ADMINISTERING AGENCY shall comply with the regulations
relative to nondiscrimination in federally assisted programs of the Department of Transportation,
Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time,
(hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and
made a part of this agreement.
(2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by it during
the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin,
religion, age, or disability in the selection and retention of sub -applicants, including procurements
of materials and leases of equipment. ADMINISTERING AGENCY shall not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS,
including employment practices when the agreement covers a program set forth in Appendix B of
the REGULATIONS.
(3) Solicitations for Sub -agreements, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY for
work to be performed under a Sub -agreement, including procurements of materials or leases of
equipment, each potential sub -applicant or supplier shall be notified by ADMINISTERING
AGENCY of the ADMINISTERING AGENCY's obligations under this Agreement and the
REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin.
(4) Information and Reports: ADMINISTERING AGENCY shall provide all information and reports
required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to
ADMINISTERING AGENCY's books, records, accounts, other sources of information, and its
facilities as may be determined by STATE or FHWA to be pertinent to ascertain compliance with
such REGULATIONS or directives. Where any information required of ADMINISTERING
AGENCY is in the exclusive possession of another who fails or refuses to furnish this information,
ADMINISTERING AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set
forth what efforts ADMINISTERING AGENCY has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY's noncompliance
with the nondiscrimination provisions of this agreement, STATE shall impose such agreement
sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(a) withholding of payments to ADMINISTERING AGENCY under the Agreement within a
reasonable period of time, not to exceed 90 days; and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part.
Page 22 of 26
(6) Incorporation of Provisions: ADMINISTERING AGENCY shall include the provisions of
paragraphs (1) through (6) in every sub -agreement, including procurements of materials and
leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto.
ADMINISTERING AGENCY shall take such action with respect to any sub -agreement or
procurement as STATE or FHWA may direct as a means of enforcing such provisions including
sanctions for noncompliance, provided, however, that, in the event ADMINISTERING AGENCY
becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of
such direction, ADMINISTERING AGENCY may request STATE enter into such litigation to
protect the interests of STATE, and, in addition, ADMINISTERING AGENCY may request the
United States to enter into such litigation to protect the interests of the United States.
APPENDIX B TO EXHIBIT B
Page 23 of 26
The following clauses shall be included in any and all deeds effecting or recording the transfer of
PROJECT real property, structures or improvements thereon, or interest therein from the United
States.
(GRANTING CLAUSE)
NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the
condition that ADMINISTERING AGENCY will accept title to the lands and maintain the project
constructed thereon, in accordance with Title 23, United States Code, the Regulations for the
Administration of federal -aid for Highways and the policies and procedures prescribed by the
Federal Highway Administration of the Department of Transportation and, also in accordance with
and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of
the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise,
release, quitclaim and convey unto the ADMINISTERING AGENCY all the right, title, and interest
of the U.S. Department of Transportation in, and to, said lands described in Exhibit "A" attached
hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY and
its successors forever, subject, however, to the covenant, conditions, restrictions and reservations
herein contained as follows, which will remain in effect for the period during which the real
property or structures are used for a purpose for which federal financial assistance is extended or
for another purpose involving the provision of similar services or benefits and shall be binding on
ADMINISTERING AGENCY, its successors and assigns.
ADMINISTERING AGENCY, in consideration of the conveyance of said lands and interests in
lands, does hereby covenant and agree as a covenant running with the land for itself, its
successors and assigns,
(1) that no person shall on the grounds of race, color, sex, national origin, religion, age or
disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination with regard to any facility located wholly or in part on, over, or under such lands
hereby conveyed (;) (and) *
(2) that ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed, in
compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in
federally -assisted programs of the Department of Transportation - Effectuation of Title VI of the
Civil Rights Act of 1964, and as said Regulations may be amended (;) and
(3) that in the event of breach of any of the above -mentioned nondiscrimination conditions, the
U.S. Department of Transportation shall have a right to re-enter said lands and facilities on said
land, and the above -described land and facilities shall thereon revert to and vest in and become
the absolute property of the U.S. Department of Transportation and its assigns as such interest
existed prior to this deed.*
* Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
Page 24 of 26
APPENDIX C TO EXHIBIT B
The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar
instruments entered into by ADMINISTERING AGENCY, pursuant to the provisions of Assurance
7(a) of Exhibit B.
The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree (in the case of deeds and leases add "as covenant running with the
land") that in the event facilities are constructed, maintained, or otherwise operated on the said
property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S.
Department of Transportation program or activity is extended or for another purpose involving the
provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.), shall
maintain and operate such facilities and services in compliance with all other requirements
imposed pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation,
Subtitle A, Office of Secretary, Part 21, Nondiscrimination in federally -assisted programs of the
Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said
Regulations may be amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re-enter and
repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit,
etc.) had never been made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
AGENCY shall have the right to re-enter said land and facilities thereon, and the above -
described lands and facilities shall thereupon revert to and vest in and become the absolute
property of ADMINISTERING AGENCY and its assigns.
* Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
Page 25 of 26
APPENDIX D TO EXHIBIT B
The following shall be included in all deeds, licenses, leases, permits, or similar agreements
entered into by the ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7 (b) of
Exhibit B.
The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal
representatives, successors in interest and assigns, as a part of the consideration hereof, does
hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the
land") that:
(1) no person on the ground of race, color, sex, national origin, religion, age or disability, shall be
excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in
the use of said facilities;
(2) that in the construction of any improvements on, over, or under such land and the furnishing of
services thereon, no person on the ground of race, color, sex, national origin, religion, age or
disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected
to discrimination; and
(3) that the (grantee, licensee, lessee, permittee, etc.,) shall use the premises in compliance with
the Regulations.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and
repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit,
etc.) had never been made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
AGENCY shall have the right to re-enter said land and facilities thereon, and the above -
described lands and facilities shall thereupon revert to and vest in and become the absolute
property of ADMINISTERING AGENCY, and its assigns.
* Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
Page 26 of 26
MEMORANDUM
TO: Frank J. Spevacek, City Manager
FROM: Timothy R. Jonasson, Design and Development Director/City Engineer
DATE: November 3, 2016
RE: SUPPLEMENTAL AGREEMENT NO.015FIBETWEEN CALTRANS AND THE CITY
OF LA QUINTA FROM MASTER AGREEMENT 08-5433F15, ACCEPTING
FEDERAL AID FOR UPGRADES TO SAFETY LIGHTING, STREET SIGNS,
TRAFFIC SIGNAL CABINETS AND CABINET CONTROLLERS.
2- a' - 0
Attached for your review and signature is Supplemental Agreement No. 015F between
the State of California through its Department of Transportation (CALTRANS) and the
City of La Quinta accepting federal aid for the upgrades referenced above.
The State requires original signatures. Please provide your original signature on the
two copies provided, and advise the City Clerk once you have done so. The City Clerk
will return for final distribution of the Master Agreement.
Requesting department shall check and attach the items below as appropriate:
N/A Contract payments will be charged to account number:
N/A A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with
no reportable interests in LQ or T reportable interests
A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not meet the
definition in FPPC regulation 18701(2).
Authority to execute this agreement is based upon:
X Approved by the City Council on (date) November 1, 2016
City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of
$50,000 or less
Initial to certify that 3 written informal bids or proposals were received and considered in selection
The following required documents are attached to the agreement:
N/A Insurance certificates as required by the agreement (initialed by Risk Manager on date)
Performance bonds as required by the agreement (originals)
N/A City of La Quinta Business License
Purchase Order number
STATE OF CALIFORNIA - CALIFORNIA STATE TRANSPORTATION AGENCY
EDMUND G. BROWN Jr., Governor
DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001?'
TTY 711
(916) 654-3883
Fax (916) 654-2408 N O V 2 8 2016
November 22, 2016
Mr. Tim Jonasson
Public Works Director/City Engineer
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Dear Mr. Jonasson:
File: 08-RIV-0-LQNT
HSIPL-5433(015)
Various intersections throughout the
City
Enclosed are your fully executed copies of Administering Agency -State Agreement No. 08-5433F15, and Program
Supplement Agreement No. 015-F.
Sincerely,
OHN HOOLE, Chief
'� Office of Project Implementation - South
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(08) DLAE - Sean Yeung
PROGRAM SUPPLEMENT NO. F015
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO 08-5433F15
Adv Project ID Date: September 21, 2016
0814000004 Location: 08-RIV-0-LQNT
Project Number: HSIPL-5433(015)
E.A. Number:
Locode: 5433
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 ttLc;, 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. 2D[(O-Qq{ approved by the Administering Agency on Nov. 01, aOI L
(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:
Various intersections throughout the City
TYPE OF WORK: Upgrade safety lighting, street signs, traffic signal cabinets, and LENGTH: 0.0(MILES)
cabinet controllers
Estimated
ZS:
$150,000
CITY OF L QUINTA
By
Z;
Title Frank S vacek CityManager
Date
Attest _
_ Siu;an_May&e1s _ c1.er1"
-OCAL
$15,000.00
Matchina Funds
OTHER
$0.00
STATE OF CALIFORNIA
Departmen )of Transportation
1
By 4u�
,1r 'Ch ef, ice of Project Implementation
�" Division qf Local Assistance
Date
C40-
I hereby certify upon my personal knowledge that budgeted funds are available for this anncum/branc&
Accounting Officer '- Date
$135,000.00
Chapter Statutes Item Year Program BC I Category Fund Source AMOUNT
Program Supplement 08-5433F15-17015- ISTEA Page 1 of 6
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF (REV 01/2010)
TO:
Claims Audits
3301 "C" Street, Rm 404
Sacramento, CA 95816
FROM:
Department of Transportation
SUBJECT:
Encumbrance Document
VENDOR / LOCAL AGENCY:
CITY OF LA QUINTA
$ 135,000.00
PROCUREMENTTYPE:
Local Assistance
DATE PREPARED:
9/21/2016
REQUISITION NUMBER / CONTRACT NUMBER:
RQS 081700000143
Page 1 of 1
�OJECT NUMBER
14000004
ADA Noth For individuals with sensory disabilities, this document is available in alternate formats For information, call (915) 654-6410 of TDD (916) -3880 or write
Records and Forms Management, 1120 N. Street, MS-86, Sacramento, CA 95814.
08-RIV-0-LQNT 09/21/2016
H,SIPL-5433(015)
SPECIAL COVENANTS OR REMARKS
1 A. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
B. 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).
C. STATE and ADMINISTERING AGENCY agree that any additional funds which might
be made available 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.
D. Award information shall be submitted by the ADMINISTERING AGENCY to the
District Local Assistance Engineer within 60 days of 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 invoices for the construction
phase. Attention is directed to Section 15.7 "Award Package" of the Local Assistance
Procedures Manual.
E. 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 encumbrances 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.
F. 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 -
Program Supplement 08-5433F15-F015- ISTEA Page 2 of 6
08-RIV-0-LQNT
HSIPL-5433(015)
SPECIAL COVENANTS OR REMARKS
09/21 /2016
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.).
G. 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 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.
H. As a condition for receiving federal -aid highway funds for the PROJECT, the
Administering Agency certifies that NO members of the elected board, council, or other
key decision makers are on the Federal Government Exclusion List. Exclusions can be
found at www.sam.gov.
2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and
procedures (including those set forth in the Local Assistance Procedures Manual and the
Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL
ASSISTANCE PROCEDURES") relating to the federal -aid program, all Title 23 Code of
Program Supplement 08-5433F1 5-F01 5- ISTEA Page 3 of 6
08-RIV-0-LQNT 09/21/2016
H$IPL-5433(015)
SPECIAL COVENANTS OR REMARKS
Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable
federal laws, regulations, and policy and procedural or instructional memoranda, unless
otherwise specifically waived as designated in the executed project -specific PROGRAM
SUPPLEMENT.
B. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes
the address of ADMINISTERING AGENCY and shall be formatted in accordance with
LOCAL ASSISTANCE PROCEDURES.
C. ADMINISTERING AGENCY must have at least one copy of supporting backup
documentation for costs incurred and claimed for reimbursement by ADMINISTERING
AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup
documentation with invoices if requested by State. Acceptable backup documentation
includes, but is not limited to, agency's progress payment to the contractors, copies of
cancelled checks showing amounts made payable to vendors and contractors, and/or a
computerized summary of PROJECT costs.
D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central
Service Cost Allocation Plans and related documentation are to be prepared and provided
to STATE (Caltrans Audits & Investigations) for review and approval prior to
ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each
fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be
prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of
the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures
established by STATE.
E. STATE will withhold the greater of either two (2) percent of the total of all federal funds
encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING
AGENCY submits the Final Report of Expenditures for each completed PROGRAM
SUPPLEMENT PROJECT.
F. Payments to ADMINISTERING AGENCY for PROJECT -related travel and
subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its
contractors and subcontractors claimed for reimbursement or as local match credit shall
not exceed rates authorized to be paid rank and file STATE employees under current
State Department of Personnel Administration (DPA) rules. If the rates invoiced by
ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is
responsible for the cost difference, and any overpayments inadvertently paid by STATE
shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty
(30) days of such invoice.
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform
Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
H. ADMINISTERING AGENCY agrees, and will assure that its contractors and
subcontractors will be obligated to agree, that Contract Cost Principles and Procedures,
Program Supplement 08-5433F15-F015- ISTEA Page 4 of 6
08-RIV-0-LQNT 09/21 /2016
HSIPL-5433(015)
SPECIAL COVENANTS OR REMARKS
48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be
used to determine the allowability of individual PROJECT cost items.
I. Every sub -recipient receiving PROJECT funds under this AGREEMENT shall comply
with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures,
Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381
(non-A&E services), and other applicable STATE and FEDERAL regulations.
J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or
credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200,
23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL
regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.
K. STATE reserves the right to conduct technical and financial audits of PROJECT
WORK and records and ADMINISTERING AGENCY agrees, and shall require its
contractors and subcontractors to agree, to cooperate with STATE by making all
appropriate and relevant PROJECT records available for audit and copying as required
by the following paragraph:
ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and
subcontractors, and STATE shall each maintain and make available for inspection and
audit by STATE, the California State Auditor, or any duly authorized representative of
STATE or the United States all books, documents, papers, accounting records, and other
evidence pertaining to the performance of such contracts, including, but not limited to, the
costs of administering those various contracts and ADMINISTERING AGENCY shall
furnish copies thereof if requested. All of the above referenced parties shall make such
AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their
respective offices at all reasonable times during the entire PROJECT period and for three
(3) years from the date of submission of the final expenditure report by the STATE to the
FHWA.
L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and
maintain a financial management system and records that properly accumulate and
segregate reasonable, allowable, and allocable incurred PROJECT costs and matching
funds by line item for the PROJECT. The financial management system of
ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to
Generally Accepted Accounting Principles, enable the determination of incurred costs at
interim points of completion, and provide support for reimbursement payment vouchers or
invoices set to or paid by STATE.
M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single
Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal
year of the Catalogue of Federal Domestic Assistance.
N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS
adopting the terms of this AGREEMENT in the schedule of projects to be examined in
Program Supplement 08-5433F15-F015- ISTEA Page 5 of 6
08-RIV-0-LQNT
HSIPL-5433(015)
SPECIAL COVENANTS OR REMARKS
09/21 /2016
ADMINISTERING AGENCY's annual audit and in the schedule of projects to be
examined under its single audit prepared in accordance with 2 CFR, Part 200.
O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000,
construction contracts over $10,000, or other contracts over $25,000 [excluding
professional service contracts of the type which are required to be procured in
accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a
noncompetitive negotiation for work to be performed under this AGREEMENT without the
prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if
intended as local match credit, must meet the requirements set forth in this AGREEMENT
regarding local match funds.
P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this
AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this
agreement.
3. In the event that right of way acquisition for or construction of this project of the initial
federal authorization for preliminary engineering is not started by the close of the tenth
fiscal year following the fiscal year in which the project is authorized, the
ADMINISTERING AGENCY shall repay the Federal Highway Administration through
Caltrans the sum of Federal funds paid under the terms of this agreement.
Program Supplement 08-5433F15-F015- ISTEA Page 6 of 6
DEPARTMENT OF TRANSPORTATION
DIVISION OF ACCOUNTING
LOCAL PROGRAM ACCOUNTING BRANCH
Attention: City of La Quinta
FINANCE
LUMP SUM I WORK
FINANCE LETTER Date: 10/04/2016 EA No:
D CO_RT: 08-RIV-0-LQNT
Project No: HSIPL-5433(015)
Adv Project Id: 0814000004
Period of Performance End Date: 06/30/2020
Agreement End Date: 03/31/2022
COST
ZS30
I
Agency Preliminary Engineering Lump Sum $150,000.06 $150,000.0 90.0or $135,000.001 $15,000.00 $0.0
Totals: $150,000.00 $150,000.0 0.00 $135,000.0[7 $15,000.00 $0.0a
I
Participation Ratio: 100.00% This Finance Letter was created based on specific financial information provided by the responsible local agency. The following
encumbrance history is prepared by Local Assistance Accounting Office and is provided here for local agency's information and action.
.A
Signature. For questions regarding finance letter, contact:
Title: HQ Local Assistance Area Engineer Printed Name : Patrick Louie
Telephone No: (916) 653-7349
Remarks: HSIP ID HSIP7-08-09. Based on agency finance letter dated 06/21/2016. Reimbursement ratio = 90%.
ACCOUNTING INFORMATION
APPROP ENCUMBRANCE APPROP EXPENDITURE
ADV PROJECT ID UNIT STATE PROG. FED/STATE AMOUNT YEAR _ AMOUNT
0814000004 16102F 2030010550 F $135.000.00 1516
HSIPL-5433(015) Cooperative Work Agreement
ENCUMBRANCE REVERSION APPROVM EXPIRATION
BALANCE DATE AMOUNT DATE IJ
$135,000.00 06/30121
Page 1 of 1
STATE OF CALIFORNIA - CALIFORNIA STATE TRANSPORTATION AGENCY
EDMUND G. BROWN Jr., Governor
DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TTY 711
(916)654-3883
Fax (916) 654-2408
October 6, 2016
Mr. Tim Jonasson
Public Works Director/City Engineer
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Dear Mr. Jonasson:
Mpg
1 A (lii.'
CITY 10ir I'_;.- gi.�ANI TA
COMMUNITY DEVELOPMENT
I*
File: 08-RIV-0-LQNT
HSIPL-5433(015)
Various intersections throughout the
City
Enclosed are two originals for both the Administering Agency -State Agreement No. 08-5433F15, Program Supplement
Agreement No. 015-F and an approved Finance Letter for the subject project. Please retain the signed Finance Letter
for your records.
The Master Agreement has been revised to incorporate the various changes in regulations and policies.
Please sign both copies of these two Agreements and return them to this office, Office of Local Assistance - MS1 within
90 days from receipt of this letter. If the signed Agreements are not received back in this office within 90 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 agreements will
be returned to you upon ratification by Caltrans. No invoices for reimbursement can be processed until the agreements
are fully executed.
The State budget authority supporting the encumbered funds is only available for liquidation up to specific deadlines.
These deadlines are shown on the attached Finance Letter 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 final approval of the State Department of Finance. If approved, the CWA may extend the deadline for up to
two years.
Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer.
Sincerely,
*—,�6 ,4
JOHN HOOLE, Chief
Office of Project Implementation - South
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(08) DLAE - Sean Yeung
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AUTHORIZING THE CITY MANAGER
TO EXECUTE CALIFORNIA DEPARTMENT OF
TRANSPORTATION FEDERAL -AID AGREEMENTS
WHEREAS, the City of La Quinta is eligible to receive federal funding for certain
transportation projects through the California Department of Transportation
(CALTRANS), and
WHEREAS, CALTRANS requires that the, Master Agreement and.. Program
Supplemental Agreements be executed before these funds can be claimed, and
WHEREAS, it is in the best interest of the City to expedite the federal funding
claim process
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta,
California, as follows:
SECTION 1. The City Council approves -the CALTRANS Master- Agreement
Administering Agency -State Agreement for Federal -Aid Projects (No. 08-5433F15) and
authorizes the City Manager to execute the Agreement.
SECTION 2. The City Manager is authorized to execute all CALTRANS Program
Supplemental Agreements to the Master Agreement Administering Agency -State
Agreement for Federal -Aid Projects (No. 08-5433F15).
SECTION 3. This resolution shall take effect immediately upon its adoption.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City
Council held on this 1st day of November, 2016, by the following vote:
AYES: Council Members Franklin, Osborne, Pena, Radi, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
Resolution No. 2016-044
California Department of Transportation Federal Aid Agreement
Adopted: November ], 2016
Page 2 of 2
.c� �Lavc�
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
SUSAN MAYSELS, City Cler
City of La Quinta, California
(SEAL)
APPROVED AS TO FORM:
WIILLLIAM H. IHRKE, City Attorney
City of La Quinta, California
T4hf 4 4 a"
OFFICE OF THE CIN CLERK
TEL (760) 777-7030
CERTIFICATION OF RESOLUTION NO.2016-044
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LA QUINTA
I, PAM NIETO, Deputy City Clerk of the City of La Quinta, California, do hereby
certify that the foregoing resolution containing two (2) pages is a full, true and correct
copy of Resolution No. 2016-044 of the City of La Quinta entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AUTHORIZING THE CITY MANAGER
TO EXECUTE CALIFORNIA DEPARTMENT OF
TRANSPORTATION FEDERAL -AID AGREEMENTS
Resolution No. 2016-044 was adopted by the Lo Quinta City Council on the 1st day of
November, 2016.
Dated: November 9, 2016
PAM NIETO, Deputy City Clerk
City of La Quinta, California
(CITY SEAL)
78-495 CALLE TAMPICO, LA QUINTA, CA 92253
fib 1
I i
MEMORANDUM
TO: Frank J. Spevacek, City Manager
FROM: Timothy R. Jonasson, Design and Development Director/City Engineer
DATE: November 3, 2016
RE: SUPPLEMENTAL AGREEMENT N0.016F BETWEEN CALTRANS AND THE CITY
OF LA QUINTA FROM MASTER AGREEMENT 08-5433F15, ACCEPTING
FEDERAL AID FOR UPGRADES TO SAFETY LIGHTING, STREET SIGNS,
TRAFFIC SIGNAL CABINETS AND CABINET CONTROLLERS.
2-af&-6135
Attached for your review and signature is Supplemental Agreement No. 016F between
the State of California through its Department of Transportation (CALTRANS) and the
City of La Quinta accepting federal aid for the upgrades referenced above.
The State requires original signatures. Please provide your original signature on the
two copies provided, and advise the City Clerk once you have done so. The City Clerk
will return for final distribution of the Master Agreement.
Requesting department shall check and attach the items below as appropriate:
N/A Contract payments will be charged to account number:
N/A A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with
no reportable interests in LQ or T reportable interests
A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not meet the
definition in FPPC regulation 18701(2).
Authority to execute this agreement is based upon:
X Approved by the City Council on (date) November 1, 2016
City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of
$50,000 or less
Initial to certify that 3 written informal bids or proposals were received and considered in selection
The following required documents are attached to the agreement:
N/A Insurance certificates as required by the agreement (initialed by Risk Manager on date)
Performance bonds as required by the agreement (originals)
N/A City of La Quinta Business License
Purchase Order number
W4
STATE OF CALIFORNIA - CALIFORNIA STATE TRANSPORTATION AGENCY
EDMUND G. BROWN Jr., Governor
DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TTY 711
(916)654-3883
Fax (916) 654-2408
November 22, 2016
Mr. Tim Jonasson
Public Works Director/City Engineer
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Dear Mr. Jonasson:
File: 08-RIV-0-LQNT
HSIPL-5433(017)
Various streets throughout the City
Enclosed is your fully executed copy of Program Supplement Agreement No. 016-F to Administering Agency -State
Agreement No. 08-54331715.
Sincerely,
V/JOHN HOOLE, Chief
�_Office of Project Implementation - South
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(08) DLAE - Sean Yeung
PROGRAM SUPPLEMENT NO. F016 Adv Project ID Date: September 20, 2016
to 0816000172 Location: 08-RIV-0-LQNT
ADMINISTERING AGENCY -STATE AGREEMENT Project Number: HSIPL-5433(017)
FOR FEDERAL -AID PROJECTS NO 08-5433F15 E.A. Number:
Locode: 5433
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 IV4ol (, 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. Qo((r `04I approved by the Administering Agency on 141)V. o I t ao*
(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:
Various streets throughout the City
TYPE OF WORK: Upgrade signal interconnect network with fiber optic cable LENGTH: 0.0(MILES)
Estimated Cost
$100,000.
CITY OF LA QUINTA
Federal Funds
ZS30 $100,000.00
By
Title Frank J. S vacek, City Manager
Date
Attest
Susan"Maysels,'Cit:34CIerl
LOCAL
nds
OTHER
STATE OF CALIFORNIA
Departme t of Transpa ation
Bf `. _
y
74
c
Chief, ffice 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 Date
$100.000.00
Chapter Statutes Item Year Program BC Category Fund Source AMOUNT
Program Supplement 08-5433F1 5-F01 6- ISTEA Page 1 of 6
STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF (REV 01/2010)
Claims Audits
3301 "C" Street, Rm 404
Sacramento, CA 95816
FROM:
Department of Transportation
SUBJECT:
Encumbrance Document
VENDOR/LOCAL AGENCY:
CITY OF LA QUINTA
$ 100,000.00
PROCUREMENTTYPE:
Local Assistance
DATE PREPARED.
9)21J2016
REQUISITION NUMBER / CONTRACT NUMBER:
RQS 081700000140
Page 1 of 1
PROJECT NUMBER:
D816000172
ADA NOtll For indwiduals with sensory disabilities, this document is available in alternate formats For information, call (915) 654-6410 of TDD (916) -3880 or write
Records and Forms Management, 1120 N. Street, MS-89, Sacramento, CA 9581,1.
08-RIV-0-LQNT 09/20/2016
HSIPL-5433(017)
SPECIAL COVENANTS OR REMARKS
1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
B. 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).
C. STATE and ADMINISTERING AGENCY agree that any additional funds which might
be made available 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.
D. Award information shall be submitted by the ADMINISTERING AGENCY to the
District Local Assistance Engineer within 60 days of 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 invoices for the construction
phase. Attention is directed to Section 15.7 "Award Package" of the Local Assistance
Procedures Manual.
E. 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 encumbrances 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.
F. 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 -
Program Supplement 08-5433F15-F016- ISTEA Page 2 of 6
08-RIV-0-LQNT
HSIPL-5433(017)
SPECIAL COVENANTS OR REMARKS
09/20/2016
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.).
G. 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 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.
H. As a condition for receiving federal -aid highway funds for the PROJECT, the
Administering Agency certifies that NO members of the elected board, council, or other
key decision makers are on the Federal Government Exclusion List. Exclusions can be
found at www.sam.gov.
2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and
procedures (including those set forth in the Local Assistance Procedures Manual and the
Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL
ASSISTANCE PROCEDURES") relating to the federal -aid program, all Title 23 Code of
Program Supplement 08-5433F1 5-F01 6- ISTEA Page 3 of 6
08-RIV-0-LQNT 09/20/2016
H$IPL-5,433(017)
SPECIAL COVENANTS OR REMARKS
Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable
federal laws, regulations, and policy and procedural or instructional memoranda, unless
otherwise specifically waived as designated in the executed project -specific PROGRAM
SUPPLEMENT.
B. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes
the address of ADMINISTERING AGENCY and shall be formatted in accordance with
LOCAL ASSISTANCE PROCEDURES.
C. ADMINISTERING AGENCY must have at least one copy of supporting backup
documentation for costs incurred and claimed for reimbursement by ADMINISTERING
AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup
documentation with invoices if requested by State. Acceptable backup documentation
includes, but is not limited to, agency's progress payment to the contractors, copies of
cancelled checks showing amounts made payable to vendors and contractors, and/or a
computerized summary of PROJECT costs.
D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central
Service Cost Allocation Plans and related documentation are to be prepared and provided
to STATE (Caltrans Audits & Investigations) for review and approval prior to
ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each
fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be
prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of
the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures
established by STATE.
E. STATE will withhold the greater of either two (2) percent of the total of all federal funds
encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING
AGENCY submits the Final Report of Expenditures for each completed PROGRAM
SUPPLEMENT PROJECT.
F. Payments to ADMINISTERING AGENCY for PROJECT -related travel and
subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its
contractors and subcontractors claimed for reimbursement or as local match credit shall
not exceed rates authorized to be paid rank and file STATE employees under current
State Department of Personnel Administration (DPA) rules. If the rates invoiced by
ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is
responsible for the cost difference, and any overpayments inadvertently paid by STATE
shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty
(30) days of such invoice.
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform
Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
H. ADMINISTERING AGENCY agrees, and will assure that its contractors and
subcontractors will be obligated to agree, that Contract Cost Principles and Procedures,
Program Supplement 08-5433F15-F016- ISTEA Page 4 of 6
08-RIV-0-LQNT 09/20/2016
HSIPL-5433(017)
SPECIAL COVENANTS OR REMARKS
48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be
used to determine the allowability of individual PROJECT cost items.
I. Every sub -recipient receiving PROJECT funds under this AGREEMENT shall comply
with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures,
Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381
(non-A&E services), and other applicable STATE and FEDERAL regulations.
J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or
credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200,
23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL
regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.
K. STATE reserves the right to conduct technical and financial audits of PROJECT
WORK and records and ADMINISTERING AGENCY agrees, and shall require its
contractors and subcontractors to agree, to cooperate with STATE by making all
appropriate and relevant PROJECT records available for audit and copying as required
by the following paragraph:
ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and
subcontractors, and STATE shall each maintain and make available for inspection and
audit by STATE, the California State Auditor, or any duly authorized representative of
STATE or the United States all books, documents, papers, accounting records, and other
evidence pertaining to the performance of such contracts, including, but not limited to, the
costs of administering those various contracts and ADMINISTERING AGENCY shall
furnish copies thereof if requested. All of the above referenced parties shall make such
AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their
respective offices at all reasonable times during the entire PROJECT period and for three
(3) years from the date of submission of the final expenditure report by the STATE to the
FHWA.
L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and
maintain a financial management system and records that properly accumulate and
segregate reasonable, allowable, and allocable incurred PROJECT costs and matching
funds by line item for the PROJECT. The financial management system of
ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to
Generally Accepted Accounting Principles, enable the determination of incurred costs at
interim points of completion, and provide support for reimbursement payment vouchers or
invoices set to or paid by STATE.
M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single
Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal
year of the Catalogue of Federal Domestic Assistance.
N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS
adopting the terms of this AGREEMENT in the schedule of projects to be examined in
Program Supplement 08-5433F1 5-F01 6- ISTEA Page 5 of 6
08-RIV-0-LQNT 09120/2016
1-1$IPL-5433(017)
SPECIAL COVENANTS OR REMARKS
ADMINISTERING AGENCY's annual audit and in the schedule of projects to be
examined under its single audit prepared in accordance with 2 CFR, Part 200.
O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000,
construction contracts over $10,000, or other contracts over $25,000 [excluding
professional service contracts of the type which are required to be procured in
accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a
noncompetitive negotiation for work to be performed under this AGREEMENT without the
prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if
intended as local match credit, must meet the requirements set forth in this AGREEMENT
regarding local match funds.
P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this
AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this
agreement.
3. In the event that right of way acquisition for or construction of this project of the initial
federal authorization for preliminary engineering is not started by the close of the tenth
fiscal year following the fiscal year in which the project is authorized, the
ADMINISTERING AGENCY shall repay the Federal Highway Administration through
Caltrans the sum of Federal funds paid under the terms of this agreement.
Program Supplement 08-5433F1 5-F01 6- ISTEA Page 6 of 6
DEPARTMENT OF TRANSPORTATION
DIVISION OF ACCOUNTING
LOCAL PROGRAM ACCOUNTING BRANCH
Attention: City of La Quinta
FINANCE LETTER Date: 10/04/2016 EA No:
D_CO_RT: 08-RIV-0-LQNT
Project No: HSIPL-5433(017)
Adv Project Id: 0816000172
Period of Performance End Date: 06/30/2021
Agreement End Date: 03/31/2023
FINANCE ITEMS
PRO RAT VK
TOTAL COST OF
FEDERAL PAKI,
FEU. KEIMB %
FEDERAL FUNDS
LOCAL FUNDS
OTHER FUNDS
LUMP SUM
WORK
COST
ZS30
Agency Preliminary Engineering
Lump Sum
$100,000.0
$100,000.
100.00 %
$100,000.00
$0.00 $0.0
Totals:
5100,000.0d'. 5100,000.0
0.00 %
$i00,000.00
$0.00 $0.0
Participation Ratio: 100.00% This Finance Letter was created based on specific financial information provided by the responsible local agency. The following
encumbrance history is prepared by Local Assistance Accounting Office and is provided here for local agency's information and action.
f
9 r Signature: For questions regarding finance letter, contact:
Title: HQ Local Assistance Area Engineer Printed Name : Patrick Louie
Telephone No: 916) 653-7349
Remarks: HSIP ID HSIP7-08-08. Based on a encv finance letter dated 06/21/2016. Reimbursement ratio = 100% for safety countermeasures.
ACCOUNTING INFORMATION
HSIPL-5433(017)
APPROP.
ENCUMBRANCE APPROP EXPENDITURE
ENCUMBRANCE REVERSION
ADV. PROJECT ID UNIT STATE FROG.
FED/STATE AMOUNT YEAR AMOUNT
BALANCE DATE
0816000172 1 16102F 1 2NO010550
F $100,000.00 1516 1 $0.00 1
$100,000.00 1 06V30/21
Cooperative Work Agreement
APPROVED EXPIRATION
AMOUNT DATE
Page 1 of 1
STATE OF CALIFORNIA - CALIFORNIA STATE TRANSPORTATION AGENCY
EDMUND G. BROWN Jr., Governor
DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TTY 711
(916)654-3883
Fax (916) 654-2408
October 6, 2016
Mr. Tim Jonasson -
Public Works Director/City Engineer
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Dear Mr. Jonasson:
a
File: 08-RIV-0-LQNT
HSIPL-5433(017)
Various streets throughout the City
Enclosed are two originals of the Program Supplement Agreement No. 016-F to Administering Agency -State
Agreement No. 08-5433F15 and an approved Finance Letter for the subject project. Please retain the signed Finance
Letter for your records.
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 90 days from the receipt of this letter. If the signed Agreements are not received back in
this office within 90 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.
The State budget authority supporting the encumbered funds is only available for liquidation up to specific deadlines.
These deadlines are shown on the attached Finance letter 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 two years.
Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer.
Sincerely,
r
OHN HOOLE, Chief
} Office of Project Implementation - South
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(08) DLAE - Sean Yeung
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AUTHORIZING THE CITY MANAGER
TO EXECUTE CALIFORNIA DEPARTMENT OF
TRANSPORTATION FEDERAL -AID AGREEMENTS
WHEREAS, the City of La Quinta is eligible to receive federal funding for certain
transportation projects through the California Department of Transportation
(CALTRANS), and
WHEREAS, CALTRANS requires that the, Master Agreement and.. Program
Supplemental Agreements be executed before these funds can be claimed, and
WHEREAS, it is in the best interest of the City to expedite the federal funding
claim process
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta,
California, as follows:
SECTION 1. The City Council approves -the CALTRANS Master- Agreement
Administering Agency -State Agreement for Federal -Aid Projects (No. 08-5433F15) and
authorizes the City Manager to execute the Agreement.
SECTION 2. The City Manager is authorized to execute all CALTRANS Program
Supplemental Agreements to the Master Agreement Administering Agency -State
Agreement for Federal -Aid Projects (No. 08-5433F15).
SECTION 3. This resolution shall take effect immediately upon its adoption.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City
Council held on this 1st day of November, 2016, by the following vote:
AYES: Council Members Franklin, Osborne, Pena, Radi, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
Resolution No. 2016-044
California Department of Transportation Federal Aid Agreement
Adopted: November ], 2016
Page 2 of 2
.c� �Lavc�
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
SUSAN MAYSELS, City Cler
City of La Quinta, California
(SEAL)
APPROVED AS TO FORM:
WIILLLIAM H. IHRKE, City Attorney
City of La Quinta, California
T4hf 4 4 a"
OFFICE OF THE CIN CLERK
TEL (760) 777-7030
CERTIFICATION OF RESOLUTION NO.2016-044
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LA QUINTA
I, PAM NIETO, Deputy City Clerk of the City of La Quinta, California, do hereby
certify that the foregoing resolution containing two (2) pages is a full, true and correct
copy of Resolution No. 2016-044 of the City of La Quinta entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AUTHORIZING THE CITY MANAGER
TO EXECUTE CALIFORNIA DEPARTMENT OF
TRANSPORTATION FEDERAL -AID AGREEMENTS
Resolution No. 2016-044 was adopted by the Lo Quinta City Council on the 1st day of
November, 2016.
Dated: November 9, 2016
PAM NIETO, Deputy City Clerk
City of La Quinta, California
(CITY SEAL)
78-495 CALLE TAMPICO, LA QUINTA, CA 92253
PROGRAM SUPPLEMENT NO. F017
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO 08-5433F15
Adv Project ID Date: August 18, 2017
0817000238 Location: 08-RIV-0-LQNT
Project Number: BPMPL-5433(018)
E.A. Number:
Locode: 5433
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 11/20/16 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. �1DI L- 0q* approved by the Administering Agency on V 11 M I G
(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:
Seven bridges located throughout the City of La Quinta
TYPE OF WORK: Bridge preventative maintenance plan
Estimated Cost
$30,000.00
I hereby certify upon my
Accounting Officer
Federal Funds
zoo $30,000.00
LOCAL
$0.0
LENGTH: 0.0(MILES)
Matching Funds
OTHER
$0.00
STATE OF CALIFORNIA
Departme t of Transportion
By
Chief, Office of Project Implementation
Division of Local Assistance
z
dgeted funds are available for this encu rance:
Date
$30,000.00
Chapter
Sta tep/'J
Item
Year Program
BC
Category
Fund Source AMOUW
�
i
Program Supplement 08-5433F15-F017- ISTEA Page 1 of 6
08-RIV-0-LQNT 08/18/2017
BPMPL-5433(018)
SPECIAL COVENANTS OR REMARKS
1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
B. 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).
C. STATE and ADMINISTERING AGENCY agree that any additional funds which might
be made available 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.
D. Award information shall be submitted by the ADMINISTERING AGENCY to the
District Local Assistance Engineer within 60 days of 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 invoices for the construction
phase. Attention is directed to Section 15.7 "Award Package" of the Local Assistance
Procedures Manual.
E. 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 encumbrances 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.
F. 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 -
Program Supplement 08-5433F1 5-F01 7- ISTEA Page 2 of 6
08-RIV-0-LQNT
BPMPL-5433(018)
08/18/2017
SPECIAL COVENANTS OR REMARKS
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.).
G. 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 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.
H. As a condition for receiving federal -aid highway funds for the PROJECT, the
Administering Agency certifies that NO members of the elected board, council, or other
key decision makers are on the Federal Government Exclusion List. Exclusions can be
found at www.sam.gov.
2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and
procedures (including those set forth in the Local Assistance Procedures Manual and the
Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL
ASSISTANCE PROCEDURES") relating to the federal -aid program, all Title 23 Code of
Program Supplement 08-5433F15-F017- ISTEA Page 3 of 6
08-RIV-0-LQNT 08/18/2017
BPMPL-5433(018)
SPECIAL COVENANTS OR REMARKS
Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable
federal laws, regulations, and policy and procedural or instructional memoranda, unless
otherwise specifically waived as designated in the executed project -specific PROGRAM
SUPPLEMENT.
B. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes
the address of ADMINISTERING AGENCY and shall be formatted in accordance with
LOCAL ASSISTANCE PROCEDURES.
C. ADMINISTERING AGENCY must have at least one copy of supporting backup
documentation for costs incurred and claimed for reimbursement by ADMINISTERING
AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup
documentation with invoices if requested by State. Acceptable backup documentation
includes, but is not limited to, agency's progress payment to the contractors, copies of
cancelled checks showing amounts made payable to vendors and contractors, and/or a
computerized summary of PROJECT costs.
D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central
Service Cost Allocation Plans and related documentation are to be prepared and provided
to STATE (Caltrans Audits & Investigations) for review and approval prior to
ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each
fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be
prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of
the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures
established by STATE.
E. STATE will withhold the greater of either two (2) percent of the total of all federal funds
encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING
AGENCY submits the Final Report of Expenditures for each completed PROGRAM
SUPPLEMENT PROJECT.
F. Payments to ADMINISTERING AGENCY for PROJECT -related travel and
subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its
contractors and subcontractors claimed for reimbursement or as local match credit shall
not exceed rates authorized to be paid rank and file STATE employees under current
State Department of Personnel Administration (DPA) rules. If the rates invoiced by
ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is
responsible for the cost difference, and any overpayments inadvertently paid by STATE
shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty
(30) days of such invoice.
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform
Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
H. ADMINISTERING AGENCY agrees, and will assure that its contractors and
subcontractors will be obligated to agree, that Contract Cost Principles and Procedures,
Program Supplement 08-5433F1 5-F01 7- ISTEA Page 4 of 6
08-RIV-0-LQNT 08/18/2017
BPMPL-5433(018)
SPECIAL COVENANTS OR REMARKS
48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be
used to determine the allowability of individual PROJECT cost items.
I. Every sub -recipient receiving PROJECT funds under this AGREEMENT shall comply
with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures,
Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381
(non-A&E services), and other applicable STATE and FEDERAL regulations.
J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or
credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200,
23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL
regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.
K. STATE reserves the right to conduct technical and financial audits of PROJECT
WORK and records and ADMINISTERING AGENCY agrees, and shall require its
contractors and subcontractors to agree, to cooperate with STATE by making all
appropriate and relevant PROJECT records available for audit and copying as required
by the following paragraph:
ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and
subcontractors, and STATE shall each maintain and make available for inspection and
audit by STATE, the California State Auditor, or any duly authorized representative of
STATE or the United States all books, documents, papers, accounting records, and other
evidence pertaining to the performance of such contracts, including, but not limited to, the
costs of administering those various contracts and ADMINISTERING AGENCY shall
furnish copies thereof if requested. All of the above referenced parties shall make such
AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their
respective offices at all reasonable times during the entire PROJECT period and for three
(3) years from the date of submission of the final expenditure report by the STATE to the
FHWA.
L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and
maintain a financial management system and records that properly accumulate and
segregate reasonable, allowable, and allocable incurred PROJECT costs and matching
funds by line item for the PROJECT. The financial management system of
ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to
Generally Accepted Accounting Principles, enable the determination of incurred costs at
interim points of completion, and provide support for reimbursement payment vouchers or
invoices set to or paid by STATE.
M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single
Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal
year of the Catalogue of Federal Domestic Assistance.
N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS
adopting the terms of this AGREEMENT in the schedule of projects to be examined in
Program Supplement 08-5433F15-F017- ISTEA Page 5 of 6
08-RIV-0-LQNT 08/1812017
BPMPL-5433(018)
SPECIAL COVENANTS OR REMARKS
ADMINISTERING AGENCY's annual audit and in the schedule of projects to be
examined under its single audit prepared in accordance with 2 CFR, Part 200.
O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000,
construction contracts over $10,000, or other contracts over $25,000 [excluding
professional service contracts of the type which are required to be procured in
accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a
noncompetitive negotiation for work to be performed under this AGREEMENT without the
prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if
intended as local match credit, must meet the requirements set forth in this AGREEMENT
regarding local match funds.
P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this
AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this
agreement.
3. In the event that right of way acquisition for or construction of this project of the initial
federal authorization for preliminary engineering is not started by the close of the tenth
fiscal year following the fiscal year in which the project is authorized, the
ADMINISTERING AGENCY shall repay the Federal Highway Administration through
Caltrans the sum of Federal funds paid under the terms of this agreement.
Program Supplement 08-5433F15-F017- ISTEA Page 6 of 6
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF (REV 01/2010)
TO: STATE CONTROLLER'S OFFICE IDATE PREPARED.
Claims Audits 812812017
3301 "C" Street, Rm 404 REQUISITION NUMBER I CONTRACT NUMBER:
Sacramento, CA 95816 ROS - 2660 - 081800000121 - 1
FROM:
Department of Transportation
SUBJECT:
Encumbrance Document
VENDOR/LOCAL AGENCY:
CITY OF LA QUINTA
$30,000.00
PROCUREMENTTYPE:
Local Assistance
Page _1_ of _1_
PROJECT NUMBER•
0817000238
ADA Notice Fa+ ,,dividuals with senscr/ disabilities, this document is available in alternate formats. For information, call (915) 654-6410 of TDD (916) -3880 or write
Reco,d5 and Forms Management, 1120 N. Street, MS-89, Sacramento, CA 95814.
RESOLUTION NO.2016 - 044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AUTHORIZING THE CITY MANAGER
TO EXECUTE CALIFORNIA DEPARTMENT OF
TRANSPORTATION FEDERAL -AID AGREEMENTS
WHEREAS, the City of La Quinta is eligible to receive federal funding for certain
transportation projects through the California Department of Transportation
(CALTRANS), and
WHEREAS, CALTRANS requires that the Master Agreement and Program
Supplemental Agreements be executed before these funds can be claimed, and
WHEREAS, it is in the best interest of the City to expedite the federal funding
claim process
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta,
California, as follows:
SECTION 1. The City Council approves the CALTRANS Master Agreement
Administering Agency -State Agreement for Federal -Aid Projects (No. 08-5433F15) and
authorizes the City Manager to execute the Agreement.
SECTION 2. The City Manager is authorized to execute all CALTRANS Program
Supplemental Agreements to the Master Agreement Administering Agency -State
Agreement for Federal -Aid Projects (No. 08-5433F15).
SECTION 3. This resolution shall take effect immediately upon its adoption.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City
Council held on this 1st day of November, 2016, by the following vote:
AYES: Council Members Franklin, Osborne, Pena, Radi, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
Resolution No. 2016-044
California Department of Transportation Federal Aid Agreement
Adopted: November 1, 2016
Page 2 of 2
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
�j
SUSAN MAYSELS, City Cle;
City of La Quinta, California
(SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Twv/ 4 4 a"
OFFICE OF THE CITY CLERK
TEL (760) 777-7016
CERTIFICATION OF RESOLUTION NO. 2016-044
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF LA QUINTA )
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby
certify that the foregoing resolution containing two (2) pages is a full, true and correct
copy of Resolution No. 2016-044 of the City of La Quinta entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
EXECUTE CALIFORNIA DEPARTMENT OF TRANSPORTATION
FEDERAL -AID AGREEMENTS
Resolution No. 2016-044 was adopted by the La Quinta City Council on the 15t day of
November 2016.
Dated: . - 2017
SUSAN MAYSELS, City Clerka
City of La Quinta, California
(CITY SEAL)
78-495 CALLE TAMPICO, LA QUINTA, CA 92253
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STATE OF CALIFORNIA - CALIFORNIA STATE TRANSPORTATION AGENCY
EDMUND G. BROWN Jr., Governor
DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TTY 711
(916) 654-3883
Fax (916) 654-2408
September 9, 2017
Mr. Tim Jonasson
Public Works Director/City Engineer
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Dear Mr. Jonasson:
,--
(a
File : 08-RIV-0-LQNT
BPMPL-5433(018)
Seven bridges located throughout
the City of La Quinta
Enclosed are two originals of the Program Supplement Agreement No. 017-F to Administering Agency -State
Agreement No. 08-5433F15 and an approved Finance Letter for the subject project. Please retain the signed Finance
Letter for your records.
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 90 days from the receipt of this letter. If the signed Agreements are not received back in
this office within 90 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 OFFICIAL AUTHORIZED TO EXECUTE THE AGREEMENT ON THE AGENCY'S
BEHALF. 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.
The State budget authority supporting the encumbered funds is only available for liquidation up to specific deadlines.
These deadlines are shown on the attached Finance letter 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 two years.
Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer.
Sincerely, �4I0 0If
JOHN HOOLE, Chief
Office of Project Implementation - South
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(08) DLAE - David Lee
ta Qal tra
- — GE\1 (rl,c DESERT —
MEMORANDUM
TO: Frank J. Spevacek, City Manager
FROM: Julie Mignogna, Management Specialist
DATE: September 26, 2017
RE: Program Supplemental Agreement No. 017-F to Administering Agency -
State Agreement No. 08-5433F15.
Attached for your signature is the Program Supplemental Agreement No. 017-F to
Administering Agency -State Agreement No. 08-5433F15.
Please sign the attached agreement(s) and return to Julie Mignogna for distribution.
Requesting department shall check and attach the items below as appropriate
Contract payments will be charged to account number:
X Amount of Agreement, Amendment, Change Order, etc.:, $30,000.00 (Revenue)
A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(§) is attached with
no reportable interests in LQ or reportable interests
A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant
does not meet the definition in FPPC regulation 18701(2).
Authority to execute this agreement is. based upon:
X Approved by the City Council on November 1. 2016
City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures
of $50,000 or less. This expenditure is $ and authorized by contract approved by
Initial to certify that 3 written informal bids or proposals were received and considered in selection
The following required documents are attached to the agreement:
Insurance certificates as required by the agreement (approved by Risk Manager on oo! e)
Performance bonds as required by the agreement (originals)
City of La Quinta Business License number
A requisition for a Purchase Order has been prepared (amounts over $5,000)
A copy of this Cover Memo has been emailed to Finance (Sandra)
e
Revised May 2017