California State/Master Agreement #00445S State Funded Projects 13MASTER AGREEMENT
z ADMINISTERING AGENCY -STATE AGREEMENT FOR
STATE -FUNDED PROJECTS
08 City of La Quinta
District Administering Agency
Agreement No. 00445S
This AGREEMENT, is entered into effective this 1 l� day of t wLe, 20(3, 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 Legislature of the State of California has enacted legislation by which certain
State funds are made available for use on local transportation related projects of public entities
qualified to act as recipients of these state funds; and
2. WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation
Commission (CTC) and/or STATE for funding from either the State Transportation Improvement
Program (STIP), or other State -funded programs (herein referred to as STATE FUNDS), as
defined in the Local Assistance Program Guidelines (LAPG), for use on local authorized
transportation related projects as a local administered project(s), hereinafter referred to as
"PROJECT"; and
3. WHEREAS, said PROJECT will not receive any federal funds; and
4. WHEREAS, before STATE FUNDS will be made available for PROJECT, ADMINISTERING
AGENCY and STATE are required to enter into an agreement to establish terms and conditions
applicable to the ADMINISTERING AGENCY when receiving STATE FUNDS for a designated
PROJECT facility and to the subsequent operation and maintenance of that completed facility.
NOW, THEREFORE, the PARTIES agree as follows:
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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 state funded projects,
hereinafter referred to as "PROGRAM SUPPLEMENT', has been fully executed by both STATE
and ADMINISTERING AGENCY.
2. The State approved project -specific allocation letter designate the party responsible for
implementing PROJECT, type of work and location of PROJECT.
3. The PROGRAM SUPPLEMENT sets out' special covenants as a condition for the
ADMINISTERING AGENCY to receive STATE FUNDS from/through STATE for designated
PROJECT. The PROGRAM SUPPLEMENT shall also show these STATE 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.
4. 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 allocations, encumbrances and invoice payments for any on -going or future STATE
FUNDED 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.
5. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of
STATE 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.
6. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of
the effective date of the executed PROGRAM SUPPLEMENT for said PROJECT.
7. Projects allocated with STATE FUNDS from the STIP will be administered in accordance with
the current CTC STIP Guidelines, as adopted or amended and in accordance with Chapter 23 of
the Local Assistance Program Guidelines (LAPG) published by STATE.
8. Projects allocated with STATE FUNDS not programmed in the STIP will be administered in
accordance with the applicable chapter of the LAPG and/or any other instructions published by
STATE.
9. ADMINISTERING AGENCY's eligible costs for preliminary engineering work includes all
preliminary work directly related to PROJECT up to contract award for construction, including, but
not limited to, environmental studies and permits (E&P), preliminary surveys and reports,
laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E),
advertising for bids, awarding of a contract and project development contract administration.
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10. ADMINISTERING AGENCY's eligible costs for construction engineering includes actual
inspection and supervision of PROJECT construction work; construction staking; laboratory and
field testing; and the preparation and processing of field reports, records, estimates, final reports,
and allowable expenses of employees/consultants engaged in such activities.
11. Unless the PARTIES agree otherwise in writing, ADMINISTERING AGENCY's employees or
its sub -contractor engineering consultant shall be responsible for all PROJECT engineering work.
12. ADMINISTERING AGENCY shall not proceed with final design of PROJECT until final
environmental approval of PROJECT. Final design entails the design work necessary to complete
the PS&E and other work necessary for a construction contract but not required earlier for
environmental clearance of that PROJECT.
13. If PROJECT is not on STATE -owned right-of-way, PROJECT shall be constructed in
accordance with Chapter 11 of the Local Assistance Procedures Manual (LAPM) that describes
minimum statewide design standards for local agency streets and roads. The design standards
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 Manual.
14. 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.
15. When PROJECT is not on the State Highway System (SHS) 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.
16. 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.
17. 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.
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18. Unless otherwise provided, in the PROGRAM SUPPLEMENT, ADMINISTERING AGENCY
shall advertise, award, and administer the PROJECT construction contract or contracts.
19. The cost of maintenance, security, or protection performed by ADMINISTERING AGENCY or
contractor forces during any temporary suspension of PROJECT or at any other time may not be
charged to the PROJECT.
20. ADMINISTERING AGENCY shall submit PROJECT -specific award information, using Exhibit
23-A of the LAPG, to STATE's District Local Assistance Engineer, within sixty (60) days after
contract award. A copy of Exhibit 23-A 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.
21. 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 180 days of project
completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in
accordance Chapters 17 and 19 of the Local Assistance Procedures Manual.
22. ADMINISTERING AGENCY shall comply with the Americans with Disabilities Act (ADA) of
1990 that prohibits discrimination on the basis of disability and all applicable regulations and
guidelines issued pursuant to the ADA.
23. The Governor and the Legislature 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, attached hereto as Exhibit
A and further agrees that any agreement entered into by ADMINISTERING AGENCY with a third
parry for performance of work connected with PROJECT shall incorporate Exhibit A (with third
party's name replacing ADMINISTERING AGENCY) as parts of such agreement.
24. ADMINISTERING AGENCY shall include in all subcontracts awarded when applicable, a
clause that requires each subcontractor to comply with California Labor Code requirements that all
workers employed on public works aspects of any project (as defined in California Labor Code
sections 1720-1815) be paid not less than the general prevailing wage rates predetermined by
the Department of Industrial Relations as effective at the date of contract award by the
ADMINISTERING AGENCY.
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ARTICLE II - RIGHTS OF WAY
1. No contract for the construction of a STATE FUNDED 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. The furnishing of rights of way by ADMINISTERING AGENCY as provided for herein includes,
and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise.
(a) Expenditures to purchase all real property required for PROJECT free and clear of liens,
conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair
market value of any excess property retained and not disposed of by ADMINISTERING AGENCY.
(b) The cost of furnishing of right-of-way as provided for herein includes, in addition to 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 owners of
remainder real property not actually taken but injuriously affected by PROJECT.
(c) The cost of relocation payments and services provided to owners and occupants pursuant to
Government Code sections 7260-7277 when PROJECT displaces an individual, family, business,,
farm operation or nonprofit organization.
(d) The cost of demolition and/or the sale of all improvements on the right-of-way after credit is
recorded for sale proceeds used to offset PROJECT costs.
(e) The cost of all unavoidable utility relocation, protection or removal.
(f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or
removal and protective storage for which ADMINISTERING AGENCY accepts responsibility and
where the actual generator cannot be identified and recovery made.
3. 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. 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.
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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 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 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. 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 STATE FUNDED PROJECTS of
ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition
of operation and maintenance satisfactory to STATE. 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.
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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 CTC.
2. STATE'S'financial commitment of STATE FUNDS will occur only upon the execution of this
AGREEMENT, the execution of each project -specific PROGRAM SUPPLEMENT and/or STATE's
approved finance letter.
3. ADMINISTERING AGENCY may submit signed duplicate invoices in arrears for reimbursement
of allowable 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
months commencing after the.STATE 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 allocations and invoice payments for any on -going or
future STATE FUNDED project performed by ADMINISTERING AGENCY if PROJECT costs have
not been invoiced by ADMINISTERING AGENCY for a six-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 Chapter 5 of the LAPM.
6. Invoices must have at least one copy of supporting backup documentation for allowable 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 reimbursements
of actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY.
8. An indirect 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
reimbursement. The indirect cost allocation plan must be prepared in accordance with the
requirements set forth in Office of Management and Budget Circular A-87 and Chapter 4 of the
Local Assistance Procedures Manual
9. STATE will withhold the greater of either two (2) percent of the total of all STATE FUNDS
encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY
submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT
PROJECT.
10. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the
required matching funds may be adjusted by mutual consent of the PARTIES with an allocation
letter and finance letter. STATE FUNDING may be increased to cover PROJECT cost increases
only if such additional funds are available and the CTC and/or STATE concurs with that increase
in the form of an allocation and finance letter.
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11. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees
that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own
funds.
12. ADMINISTERING AGENCY shall use its own non STATE FUNDS to finance the local share of
eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with
STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY's cost
eligibility for STATE FUNDED financing with respect to claimed PROJECT costs.
13. 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.
14. STATE FUNDS allocated from the 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.
15. STATE FUNDS encumbered for PROJECT are available for liquidation only for five (5) years
from the beginning of the State fiscal year when those, funds were appropriated in the State
Budget. 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 in accordance with Government Code section 16304. The exact
date of fund reversion will be reflected in the STATE signed PROJECT finance letter.
16. 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 to
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.
17. 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.
18. 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. ADMINISTERING AGENCY agrees to comply with the provisions set
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forth in 23 CFR Parts 140, 645 and 646 when contracting with railroad and utility companies.
19. 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, 23 CFR Parts 140, 645 and 646 or 49 CFR, Part 18, are subject to repayment
by ADMINISTERING AGENCY to STATE.
20. Upon written demand by STATE, any overpayment to ADMINISTERING AGENCY of amounts
invoiced to STATE shall be returned to STATE.
21. Should ADMINISTERING AGENCY fail to refund any moneys due STATE as provided herein
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 hereto, STATE,
acting through the State Controller, the State Treasurer, the CTC or any other public entity or
agency, may intercept, withhold and demand the transfer of an amount equal to the amount paid
by or owed to STATE for each PROJECT, 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 also withhold approval of future STATE FUNDED projects proposed by
ADMINISTERING AGENCY.
22. 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 - 21, 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.
23. 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.
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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 and costs of ADMINISTERING AGENCY's contracts with third parties pursuant to
Government Code section 8546.7, ADMINISTERING AGENCY, ADMINISTERING AGENCY'
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 STATE FUNDS in a single
fiscal year. The STATE FUNDS received under 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. All contracts awarded by ADMINISTERING AGENCY intended or
used as local match credit must meet the requirements set forth in this AGREEMENT regarding
local match funds.
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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.
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 that is 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.
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ARTICLE VI - MISCELLANEOUS PROVISIONS
1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for
transportation purposes that are in conformance with Article XIX of the California State
Constitution and other California laws.
2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and
regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures
Manual as published by STATE and incorporated herein, including all subsequent approved
revisions thereto applicable to PROJECT unless otherwise designated in the project -specific
executed PROJECT SUPPLEMENT.
3. 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.
4. 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.
5. Each project -speck PROGRAM SUPPLEMENT shall separately establish the terms and
funding limits for each described PROJECT funded under this AGREEMENT and that PROGRAM
SUPPLEMENT, No STATE FUNDS are obligated against this AGREEMENT.
6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals
are suspended or debarred at the time of the execution of this AGREEMENT, and
ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a
suspension or a debarment occurs after the execution of this AGREEMENT.
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 PROJECT work actually performed, or in STATE's discretion, to deduct
from the price of PROGRAM SUPPLEMENT 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 (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.
9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with
STATE that may have an impact upon the outcome of this AGREEMENT or any individual
PROJECT encompassed within a PROGRAM SUPPLEMENT. ADMINISTERING AGENCY shall
also list current contractors,who may have a financial interest in the outcome of a PROJECT
undertaken pursuant to this AGREEMENT.
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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 any PROJECT initiated
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 sole
discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually
performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full
amount of such rebate, kickback, or other unlawful consideration.
12. 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.
13. Neither the pending of a dispute nor its consideration by the Contract Officer will excuse the
ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this
AGREEMENT and each PROGRAM SUPPLEMENT.
14. Neither STATE 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 ADMINISTERING AGENCY
under or in connection with any work, authority or jurisdiction of ADMINISTERING AGENCY
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 and 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. 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, 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, 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.
16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective
PROJECT work in accordance with the project -specific PROGRAM SUPPLEMENT; (b) failing to
maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and
conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE reserves the right
to terminate funding for that PROJECT upon thirty (30) days' written notice to ADMINISTERING
AGENCY.
17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice
of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is
not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING
Page 13 of 16
AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to
STATE.
18. 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 and the applicable PROGRAM SUPPLEMENT 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 for the reasons stated in paragraph sixteen (16) of
ARTICLE VI, 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 any PROJECT completion to STATE shall first be deducted from any sum due
ADMINISTERING AGENCY.
19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a
project -specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in
that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this
AGREEMENT.
20. Without the written consent of STATE, this AGREEMENT is not assignable by
ADMINISTERING AGENCY either in whole or in part.
21. 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
officer.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By
Chief, Office of Project Implementation
Division of Local Assistance
Date
City of La Quinta
City of La Quinta
Representative Name & Title
(Authorized Governing Body Representative)
Date
Frank J. Spevacek, City Manager
City of La Quinta, California
Page 14 of 16
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, age,
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 (Gov. Code, 1290-0 et seq.), and the
applicable regulations promulgated thereunder (Cal. Code Regs., Title 2, 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.
(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
Page 15 of 16
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 16 of 16
PROGRAM SUPPLEMENT NO. M26
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR STATE FUNDED PROJECTS NO 00445S
Adv Project ID I Date: October 17, 2013
0813000132 Location: 08-RIV-0-LQNT
Project Number: SLPPL-5433(013)
E.A. Number:
Locode: 5433
This Program Supplement, effective(A R31 hereby adopts and incorporates into the Administering Agency -State
Agreement No. 00445S for State Fundeq Projects which was entered into between the ADMINISTERING AGENCY and
the STATE with an effective date oft/l VI) 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
Resekdien-No.(Wkw k po};ovi approved by the ADMINISTERING AGENCY (See copy
attached). 1-iem -# l c
The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived
from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special
Covenants and remarks set forth on the following pages.
PROJECT LOCATION:
Intersection of Highway 111 and Washington Street
TYPE OF WORK: Intersection Improvements
Estimated Cost
State Funds
Matching Funds
STATE $283,000.00
LOCAL
OTHER
$566,000.00
$283,000.00
$0.0(
CITY OF LA QUINTA
By
Title y+ Manager
Date
December 18, 2013
,
Attest
STATE OF CALIFORNIA
Departmen of Transpo ion
Jp By
of t Chief, Office of Proj6d Implementation
�(/11 Division of Local Assistance
Date 9
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer
Date ft • 9, 13
$283.000.00
Chapter I Statutes I Item I Year I Program I BC I Category I Fund Source I AMOUNT
Program Supplement 00-445S-M26- SERIAL Page 1 of 4
08-RIV-0-LQNT
SLPPL-5433(013)
SPECIAL COVENANTS OR REMARKS
10/17/2013
1. This PROJECT is programmed to receive State Proposition 1 B Bond funds from the State
and Local Partnership Program (SLPP). This PROJECT will be administered in
accordance with the California Transportation Commission (CTC) approved/adopted
SLPP Guidelines, and this Program Supplement Agreement.
ADMINISTERING AGENCY agrees to use eligible local matching funds of the type
identified in its project application/nomination, for the required dollar for dollar minimum
local match to the SLPP funds.
ADMINISTERING AGENCY agrees to submit invoices for PROJECT costs in accordance
with the Local Assistance Procedures Manual (LAPM).
To satisfy the accountability requirements of the Governor's Executive Order # S-02-07,
ADMINISTERING AGENCY agrees to:
1) Submit certified Quarterly Progress Reports on the activities, expenditures and
progress made towards implementation of the PROJECT. Changes to the scope and
budget from the CTC approved project application/nomination shall also be identified in
these reports. The certified Quarterly Progress Reports shall be submitted to the Division
of Local Assistance - Office of Project Delivery & Accountability via the Local Assistance
Online Data Input System (LA-ODIS)
2) Submit a certified Final Delivery Report to the CTC, within six months of the PROJECT
construction contract being accepted, on the scope of the completed PROJECT, its final
costs as compared to the project budget in its project application/nomination, its duration
as compared to the project schedule in its application/nomination and performance
outcomes derived from the PROJECT as compared to those described in the project
application/nomination.
2. ADMINISTERING AGENCY agrees to submit PROJECT specific award information,
using Exhibit 23-A of the LAPG, to the STATE's District Local Assistance Engineer
(DLAE) immediately after award of contract, and prior to first invoice submittal. Failure to
do so will delay processing invoices for the construction contract. As a minimum, the
award information should include the following information: project number, EA number,
project description, date funds allocated by the CTC, date project was advertised, bid
opening date, award date, award amount, and estimated completion date.
3. All obligations of STATE under the terms of this Agreement are subject to the
appropriation of resources by the Legislature and the encumbrance of funds under this
Agreement. Funding and reimbursement are available only upon the passage of the State
Budget Act containing these STATE funds.
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
Program Supplement 00-445S-M26- SERIAL Page 2 of 4
08=RIV-0-LQNT
SLPPL-5433(013)
SPECIAL COVENANTS OR REMARKS
10/17/2013
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.
5. 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. Notwithstanding the foregoing, ADMINISTERING
AGENCY shall not be required to comply with 49 CFR; Part 18.36 (i), subsections (3), (4),
(5), (6), (8), (9), (12) and (13).
6. 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.
Program Supplement 00-445S-M26- SERIAL Page 3 of 4
08=RIV-0-LQNT 10/17/2013
" SLPPL-5433(013)
SPECIAL COVENANTS OR REMARKS
These unexpended funds will be irrevocably reverted by the Department's Division of
Accounting on the applicable fund Reversion Date.
Program Supplement 00-445S-M26- SERIAL Page 4 of 4
STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF (REV. 0112010)
Pagel of 1
Claims Audits 11/812013
3301 "C" Street, Rm 404 REQUISITION NUMBER / CONTRACT NUMBER:
Sacramento. CA 95816 RQS 081400000254
Department of Transportation
SUBJECT:
Encumbrance Document
VENDOR/LOCAL AGENCY:
CITY OF LA QUINTA
$ 283,000.00
PROCUREMENTTYPE:
Local Assistance
ADA N01i1 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. _
DEPARTMENT OF TRANSPORTATION
DIVISION OF ACCOUNTING
LOCAL PROGRAM ACCOUNTING BRANCH
Attention: City of La Quinta
FINANCE ITEMS
Contract Items
FINANCE LETTER
Date: 03/06/2014
Agency: 08-RIV-0-LQNT
Project No: SLPPL-5433(013)
EA No:
Construction $566,000.00 $566,000.00 $283,000.00 $283.000.00 $0.0
Totals: $566,000.00 $566,000.00 $283,000.00 5283,000.00 $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: For questions regarding finance letter, contact:
Title: Printed Name : Patrick Louie
HQ Local Assistance Area Engineer
Telephone No: (916) 653-7349
Remarks: Prop. 1 B Formula SLPP Program. Reimbursement ratio = 50%.
ACCOUNTING INFORMATION
Adv. Proj. ID Approp. Unit State Prog. Fed/State Encumbrance Amount Approp Year
0813000132 12104 2030210200 I $283,000.00 1112 L
SLPPL-5433(013)
Expenditure Amount Encumbrance Balance
$0.00 $283 000.00
Reversion Date
06/30/17
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 m
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TTY 711
(916)654-3883
Fax (916) 654-2408 File: 08-RIV-0-LQNT
March 10, 2014
Mr. Tim Jonasson
Public Works Director/City Engineer
City of La Quinta
P.O.Box 1504
La Quinta, CA 92253
Attn: Mr. Brian Mckinney
Dear Mr. Jonasson:
H[z(( ENiJ, f=i3
APR 0 12014
PUBLIC WORKS
SLPPL-5433(013)
Intersection of Highway 111 and
Washington Street
Enclosed is your fully executed copy of Program Supplement Agreement No. OM26 Rev. 000 to Administering Agency -
State Master Agreement No. 00445S 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 these 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 Govemment Code 16304 does not supersede any other more restrictive expenditure deadlines.
Sincerely,
��C/�
Office
f OLE,Project
Chief
Office of Project Implementation -South
Division of Local Assistance
Enclosure
c: OLP AE Project Files
(08) DLAE - Sean Yeung (Acting)
• 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 18, 2013
Mr. Tim Jonasson
File: 08-RIV-0-LQNT
SLPPL-5433(013)
Intersection of Highway 111 and
R (( EMED Washington Street
DEC 0 3 2013
Public Works Director/City Engineer
City of La Quinta PUBLIC WORKSP.O.Box 1504
La Quinta, CA 92253
Attn: Mr. Brian Mckinney
Dear Mr. Jonasson:
Enclosed are two originals of the Program Supplement Agreement No. OM26 Rev. 000 to Administering Agency -State
Master Agreement No. 00445S .
Please sign both Program Supplement Agreements and return them to this office, Office of Local Programs - MS1within
60 days from the date of this letter. If the signed Agreements are not received back in this office within 60 days, funds
will be disencumbered and/or deobligated. Alterations should not be made to the agreement language or funding.
ATTACH YOUR LOCAL AGENCY'S CERTIFIED AUTHORIZING RESOLUTION THAT CLEARLY IDENTIFIES THE
PROJECT AND THE OFFICIAL AUTHORIZED TO EXECUTE THE AGREEMENT. A fully executed copy of the
agreement will be retumed to you upon ratification by Caltrans. No invoices for reimbursement can be processed until
the agreement is fully executed.
A copy of the State approved finance letter containing the fund encumbrance and reversion date information will be
mailed to you with your copy of the executed agreement.
Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer.
Sincerely,
JOHN HOOLI , Chief
Office of Project Implementation
Division of Local Assistance
Enclosure
c: OLP AE Project Files
(08) DLAE - Sean Yeung (Acting)
sv,k uld4j"
PROGRAM SUPPLEMENT NO. Q15
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR STATE FUNDED PROJECTS NO 00445S
Adv Project ID Date:
0817000243 Location;
Project Number:
E.A. Number:
Locode:
August 7, 2017
08-RIV-0-LQNT
SSARPL-5433(019)
5433
This Program Supplement, effective7/z4/17, hereby adopts and incorporates into the Administering Agency -State
Agreement No. 00445S for State Fun ed Projects which was entered into between the ADMINISTERING AGENCY and
the STATE with an effective date of N�?l(� 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. 2,017 ^ 047 approved by the ADMINISTERING AGENCY on StPf, 19, ).all (See copy
attached).
The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived
from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special
Covenants and remarks set forth on the following pages.
PROJECT LOCATION:
Throughout the City of La Quinta
TYPE OF WORK: Systematic evaluation of citywide crash data to determine
appropriate countermeasures
Estimated Cost State Funds Matching Funds
STATE $139,500.00 LOCAL
$155,000.00 $15,500.00
CITY OF L QUINTA
By
Title Bryan McKinney, Acting City Engineer
Date q f
Attest
Susan Maysels, City Cler
I hereby certify upon my
Accounting Officer
OTHER
$0.00
STATE OF CALIFORNIA
Departmepf of Transportation
By
Chief, Office of Project Implementation
Division of Local Assistance
�7 Date
iowled t t budgeted funds are available for this encu brance:
��'� Date 7 l $139,500.00
Program Supplement 00-445S-Q15- SERIAL Page 1 of 4
08-RIV-0-LQNT
SSARPL-5433(019)
08/07/2017
SPECIAL COVENANTS OR REMARKS
Chapter I Statutes j Item I Year I Program 7 BC I Category I Fund Source I AMOUNT
Program Supplement 00-445S-Q15- SERIAL Page 2 of 4
08-RIV-0-LQNT
SSARPL-5433(019)
08/07/2017
SPECIAL COVENANTS OR REMARKS
1. All obligations of STATE under the terms of this Agreement are subject to the
appropriation of resources by the Legislature and the encumbrance of funds under this
Agreement. Funding and reimbursement are available only upon the passage of the State
Budget Act containing these STATE funds.
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. ADMINISTERING AGENCY agrees to comply with the requirements in 2 CFR Part 225,
Cost Principles for State, Local, and Indian Tribal Governments.
4. 1. This PROJECT is funded with State -Only funding from the Systemic Safety Analysis
Report Program (SSARP). ADMINISTERING AGENCY agrees to administer PROJECT
in accordance with the SSARP Guidelines under which the project was selected.
2. The ADMINISTERING AGENCY agrees to follow all relevant State laws and
requirements including the California Environmental Quality Act (CEQA).
3. This PSA allows reimbursement of eligible PROJECT expenditures to the
ADMINISTERING AGENCY for which the SSARP State funds are allocated. The
effective State allocation date establishes the eligibility date for the ADMINISTERING
AGENCY to start reimbursable work. Any work performed prior the effective allocation
date is not eligible for reimbursement from the SSARP funds.
4. ADMINISTERING AGENCY agrees that SSARP funds available for reimbursement
will be limited to the amount,allocated and encumbered by the STATE consistent with the
Program Supplement 00-445S-Q15- SERIAL Page 3 of 4
08-RIV-0-LQNT 08/07/2017
SSARPL-5433(019)
SPECIAL COVENANTS OR REMARKS
scope of work in the STATE approved application. Funds encumbered may not be used
for a modified scope of work after a project is awarded unless approved by the Statewide
SSARP Coordinator prior to performing work.
5. ADMINISTERING AGENCY agrees to the program delivery and reporting
requirements established by the SSARP Guidelines. The study and the Systemic Safety
Analysis Report (SSAR) must be completed within thirty-six (36) months of the funding
allocation. The Final Report of Expenditure, the final invoice and the SSAR report must
be submitted to the DLAE within six (6) months of the report completion.
Program Supplement 00-445S-Q15- SERIAL Page 4 of 4
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF (REV. 01/2010)
Page 1 of _1_
TO: STATE CONTROLLER'S OFFICE DATE PREPARED: PROJECT NUMBER:
Claims Audits 8/7/2017 0817000243
3301 "C" Street, Rm 404 REQUISITION NUMBER / CONTRACT NUMBER:
Sacramento, CA 95816 RQS - 2660 - 081800000068
FROM:
Department of Transportation
SUBJECT:
Encumbrance Document
VENDOR/ LOCAL AGENCY:
CITY OF LA QUINTA
$139,500.00
PROCUREMENTTYPE:
Local Assistance
ADA Notice 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.
RESOLUTION NO. 2017 - 047
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AUTHORIZING CERTAIN CITY
REPRESENTATIVES TO EXECUTE CALIFORNIA
DEPARTMENT OF TRANSPORTATION STATE -FUNDED
AGREEMENTS
WHEREAS, the City of La Quinta is eligible to receive State funding for certain
transportation projects through the California Department of Transportation, and
WHEREAS, Program Supplemental Agreements are required to be executed
with the California Department of Transportation before such funds could be claimed,
and
WHEREAS, the City of La Quinta wishes to delegate authorizations to execute
these agreements and any amendments thereto that the City Engineer be authorized
to execute all Program Supplemental Agreements and any amendments thereto.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta,
California, as follows:
The City of La Quinta City Engineer is delegated the authority to accept,
execute, and endorse all Program Supplemental Agreements to the Master
Agreement Administering Agency -State Agreement for State -Funded Projects, No.
004455, and any amendments thereto, with the California Department of
Transportation.
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 19th day of September, 2017, by the following vote:
AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
Resolution No. 2017-047
Program Supplemental Agreements to the Master Agreement
Administering Agency -State Agreement for State -Funded Projects, No. 004455.
Delegating City Engineer Authority with California Department of Transportation
Adopted: September 19, 2017
Page 2 of 2
i I �
LIND'A EVANS, Mayor
City of La Quinta, California
ATTEST:
SUSAN MAYSELS, City Cl k
City of La Quinta, California
(SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
T4hf 4 4 a"
OFFICE OF THE CITY CLERK
TEL (760) 777-7016
CERTIFICATION OF RESOLUTION NO. 2017-047
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. 2017-047 of the City of La Quinta entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AUTHORIZING CERTAIN CITY REPRESENTATIVES TO
EXECUTE CALIFORNIA DEPARTMENT OF TRANSPORTATION STATE -
FUNDED AGREEMENTS
Resolution No. 2017-047 was adopted by the La Quinta City Council on the 19th day of
September 2017.
Dated: Q./ 2-2i' . 2017
SUSAN MAYSELS, City Cler
City of La Quinta, California
(CITY SEAL)
78-495 CALLE TAMPICO, LA QUINTA, CA 92253
DEPARTMENT OF TRANSPORTATION
DIVISION OF ACCOUNTING
LOCAL PROGRAM ACCOUNTING BRANCH
Attention: City of La Quinta
LUMP
Agency Preliminary Engineering
Totals:
FINANCE LETTER Date: 08/15/2017 EA No:
D CO RT: 08-RIV-0-LQNT
Project No: SSARPL-5433(019)
Adv Project Id: 0817000243
Period of Performance End Date:
Agreement End Date:
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.
� r
Signature: For questions regarding finance letter, contact:
Title: HQ Local Assistance Area Engineer Printed Name : Patrick Loiue
Telephone No: (916) 653-7349
Remarks: FY 1 n-17 SSARP. added Cycle 2 Project #30. Project ID P3030. City of La Quinta SSARP Project. Based on agency finance letter dated 5/22/2017. Reimbursement ratio = 90%.
ACCOUNTING INFORMATION
APPROP. ENCUMBRANCE APPROP
ADV. PROJECT ID UNIT STATE FROG. FED/STATE AMOUNT YEAR
0817000243 1 16102 1 2030010550 f $139,500.00 j 1516
SSARPL-5433(019)
EXPENDITURE ENCUMBRANCE REVERSION
AMOUNT BALANCE DATE
$0.00 1 $139.500.00 j 06/30/21
Cooperative Work Agreement
APPROVED EXPIRATION
AMOUNT DATE
Page 1 of 1
tev Qw�frcu
-- GEM ofbe DESERT -
September 22, 2017
Adam Ambrosini, Acting Chief
California Department of Transportation
Division of Local Assistance
Office of Project Implementation - South
Office of Local Programs - MS1
1126 N Street
PO Box 942874, MS#1
Sacramento, CA 94274-0001
Re: File (location) 08-RIV-0-LQNT, Project No. SSARPL-5433(019)
Program Supplement Agreement No. OQ15 Rev. 000
Administering Agency -State Master Agreement No. 00445S
Dear Mr. Ambrosini,
Enclosed are two original agreements noted above for State signature and dating,
along with City of La Quinta Resolution No. 2017-047 authorizing the City Engineer
(presently Acting City Engineer McKinney) to execute the agreement. Kindly return
one fully -executed original to the La Quinta City Clerk at the address below for
archiving and distribution.
Thank you.
Yours truly,
Susan Maysels
City Clerk
78-495 Calie Tampico La Quinta, CA 92253 760.777.7000
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 -CEIVED
TTY 711 R em
(916)654-3883
Fax (916) 654-2408
AUG 21 2017
August 17, 2017
CITY OF LA IQUINTA
COMMUNITY DEVELOPMENT
Mr. Tim Jonasson
Public Works Director/City Engineer
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Attn: Mr. Ed Wimmer
Dear Mr. Jonasson:
File: 08-RIV-0-LQNT
SSARPL-5433(019)
Throughout the City of La Quinta
Enclosed are two originals of the Program Supplement Agreement No. OQ15 Rev. 000 to Administering Agency -State
Master Agreement No. 00445S and an approved Finance Letter for the subject project. Please retain the signed
Finance Letter for your records.
Please sign both Program Supplement Agreements and return them to this office, Office of Local Programs - MS1within
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 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,
f
ADAM AMBROSINI, Acting Chief
Office of Project Implementation - South
Division of Local Assistance
Enclosures
c: OLP AE Project Files
(08) DLAE - David Lee
ta QuiKra
— GEM a the DESERT
Yl�y�
MEMORANDUM
TO: Frank J. Spevacek, City Manager
FROM: Julie Mignogna, Management Specialist
DATE: September 20, 2017
RE: Caltrans Program Supplemental Agreement No. OQ15 Rev.000 to Master
Agreement No. 00445S.
Attached for your signature are two copies of the Caltrans Program Supplemental Agreement
No. OQ15 Rev.000 to Master Agreement No. 00445S.
Please sign the attached agreement(s) and return to the City Clerk for processing and
distribution.
Requesting department shall check and attach the items below as appropriate:
Contract payments will be charged to account number: 131 5aa
Amount of Agreement, Amendment, Change Order, etc.:
A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) 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 September 19, 2017
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 e)
Performance bonds as required by the agreement (originals)
_. City of La Quinta Business License number
A requisition for a PBrchase Order has been prepared (amounts over $5,000)
A copy of this Cover Memo has been emailed to Finance (Sandra)
5"-.
Revised May 2017
CONSENT CALENDAR ITEM NO. 16
City of La Quinta
CITY COUNCIL MEETING: September 19, 2017
STAFF REPORT
AGENDA TITLE: ADOPT A RESOLUTION AUTHORIZING THE CITY ENGINEER TO EXECUTE
CALIFORNIA DEPARTMENT OF TRANSPORTATION PROGRAM SUPPPLEMENTAL
AGREEMENTS FOR STATE FUNDED PROJECTS
RECOMMENDATION
Adopt a resolution authorizing the City Engineer to execute California Department of
Transportation Program Supplemental Agreements for State Funded Projects.
EXECUTIVE SUMMARY
• On February 4, 2014, City Council approved the Master Agreement
Administering Agency -State Agreement for State -Funded Projects (Master
Agreement), Number 00445S (Attachment 1).
Pursuant to this Master Agreement, the City must execute a Program
Supplemental Agreement (Supplemental Agreement) for each specific project
prior to receiving State Reimbursement to avoid funding delays
Staff recommends that Council authorize the City Engineer to execute all
Supplemental Agreements.
FISCAL IMPACT - None.
BACKGROUND/ANALYSIS
The project specific Supplemental Agreements with the California Department of
Transportation (Caltrans) establish terms and conditions applicable when receiving
reimbursements of state funds upon project completion. The Supplemental
Agreements do not obligate City funds. This action is specific to the Master
Agreement, No. 00445S. Any new Master Agreement between Caltrans and the City
will require Council approval.
ALTERNATIVES
Council may choose to not approve the resolution and consider agreements on a
project by project basis, and approve only the Supplemental Agreement, No. OQ15,
(Attachment 2) for the Systemic Safety Analysis Report Program.
201
PROGRAM SUPPLEMENT NO. S49 Adv Project ID Date: April 18, 2019
to 0819000022 Location: 08-RIV-0-LQNT
ADMINISTERING AGENCY -STATE AGREEMENT Project Number: ATPSBIL-5433(020)
FOR STATE FUNDED PROJECTS NO 00445S E.A. Number:
Locode: 5433
This Program Supplement, effective 03/14/2019, hereby adopts and incorporates into the Administering Agency -State
Agreement No. 00445S for State Funded Projects which was entered into between the ADMINISTERING AGENCY and
the STATE with an effective date of 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. zp)'j log? approved by the ADMINISTERING AGENCY on �-. lqj 2017 (See copy
attached).
The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived
from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special
Covenants and remarks set forth on the following pages.
PROJECT LOCATION:
Calle Tampico from Eisenhower Drive to Washington Street; Eisenhower Drive, from Calle Tampico to Calls Sinaloa; and
Calls Sinaloa & Avenue 52 from Eisenhower Dr. to Washington St.
TYPE OF WORK: Road diet to reduce vehicular lanes and construct roundabouts and
bicycle lanes
Estimated Cost
State Funds
Matching Funds
STATE $7,313.000.00
LOCAL
OTHER
$13,963,815.00
$6.650.815.00
$0.01
CITY OF LA QUINTA STATE OF CALIFORNIA
Department of Transpor ion
By c - - ltn «'� tCiJ
Title ��! /n Chief, Office of Project Implementation
Date L� 1 q Division of Local Assistance
Attest 1A C
- kA dwa llC¢� !c Date
I hereby certify upon my perso i-kno%kledg rouddgeted funds are available for this encumbrance:
Accounting Officer `Y_// Date /j !/!f $7.313.000.00
Program Supplement 00-445SS49- SERIAL Page 1 of 5
STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF (REV. 0112010)
Clatme Aupdiffi A,
3304 -W Str@et, Rm 404
Sacramento. CA 95816
Page 1_of 1_
4MBM9 OBIS 0022
REQUISITION NUMBER / CONTRACT NUMBER:
RQS - 2660 - 081900000720
FROM
Department of Transportation
SUB.I
Encumbrance Document
VENDOR / LOCAL AGENCY:
CITY OF LA.QU!EA
$? 313 000.00
PROCUREMENTTYP :
Local Assistance
ADA Notice For indMduats vAth sensory disabilities, this downwt Is avaUattle In attenvto fcm%M For tnfonnation, call (915) 654.6410 of MD (910) -3880 orwrb
Rew ti and Forms Management 1120 N. Street. MS•89. Sacramenb, CA 93814.
08-RIV-0-LQNT
ATPSBI L-W3(020)
SPECIAL COVENANTS OR REMARKS
Chapter Statutes Item Year Program BC Category
Fund Source AMOUNT
Program Supplement 00446S-S48- SERIAL Page 2 of 5
084RIV-0-LQNT
ATPSB1 L-5433M20)
SPECIAL COVENANTS OR REMARKS
1. A. This PROJECT will be administered in accordance with the applicable CTC STIP
guidelines and the Active Transportation Program guidelines as adopted or amended, the
Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines
(LAPG), and this PROGRAM SUPPLEMENT.
B. This PROJECT is programmed to receive State funds from the Active Transportation
Program (ATP). Funding may be provided under one or more components. A
component(s) specific fund allocation is required, in addition to other requirements, before
reimbursable work can occur for the component(s) identified. Each allocation will be
assigned an effective date and identify the amount of funds allocated per component(s).
This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible
PROJECT expenditures for the component(s) allocated. Unless otherwise determined,
the effective date of the component specific allocation will constitute the start of
reimbursable expenditures.
C. STATE and ADMINISTERING AGENCY agree that any additional funds made
available by future allocations will be encumbered on this PROJECT by use of a STATE -
approved Allocation Letter and STATE Finance Letter. ADMINISTERING AGENCY
agrees that STATE funds available for reimbursement will be limited to the amount
allocated by the California Transportation Commission (CTC) and/or the STATE.
D. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve
supplementary allocations, time extensions, and fund transfers between components.
Funds transferred between allocated project components retain their original timely use of
funds deadlines, but an approved time extension will revise the timely use of funds criteria
for the component(s) and allocation(s) requested. Approved supplementary allocations,
time extensions, and fund transfers between components made after the execution of this
PROGRAM SUPPLEMENT will be documented and considered subject to the terms and
conditions thereof. Documentation will consist of a STATE approved Allocation Letter,
Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate.
E. This PROJECT is subject to the timely use of funds provisions enacted by the Active
Transportation Program guidelines, as adopted or amended, and by approved CTC and
State procedures as outlined below.
Funds allocated for the environmental & permits (E&P), plan specifications & estimate
(PS&E), and right-of-way components are available for expenditure until the end of the
second fiscal year following the year in which the funds were allocated.
Funds allocated for the construction component are subject to an award deadline and
contract completion deadline. ADMINISTERING AGENCY agrees to award the contract
within 6 months of the construction fund allocation and to complete and accept the
construction within 36 months of award.
F. Award information shall be submitted by the ADMINISTERING AGENCY to the District
Program Supplement 00.445S-S44- SERIAL Page 3 of 5
08-RIV-04LQNT
ATPSB1 L-0433(020)
SPECIAL COVENANTS OR REMARKS
Local Assistance Engineer immediately after project contract award and prior to the
submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract.
Failure to do so will cause a delay in the State processing of invoices for the construction
phase.
G. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits
(E&P), plans specifications & estimate (PS&E), and right of -way costs no later than 180
days after the end of last eligible fiscal year of expenditure. For construction costs, the
ADMINISTERING AGENCY has 180 days after project completion or contract acceptance
to make the final payment to the contractor prepare the final Report of Expenditures and
final invoice, and submit to STATE for verification and payment.
H. ADMINISTERING AGENCY agrees to submit the final report documents that
collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of
PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report
of Expenditures" within 180 days of PROJECT completion will result in STATE imposing
sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM and the
Active Transportation Program (ATP) Guidelines.
I. ADMINISTERING AGENCY indirect costs, as defined in 2 CFR, Part 200, Uniform
Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards,
to be claimed must be allocated in accordance with an Indirect Cost Allocation Plan
(ICAP), submitted, reviewed, and approved in accordance with Caltrans Audits and
Investigations requirements which may be accessed at: www.dot.ca.gov/hq/audits/.
ADMINISTERING AGENCY agrees to comply with, and require all sub -recipients and
project sponsors to comply with 2 CFR, Part 200, Uniform Administrative Requirements,
Cost Principles and Audit Requirement for Federal Awards, and all applicable Federal
and State laws and regulations.
ADMINISTERING AGENCY agrees, and will assure that its contractors and
subcontractors will be obligated to agree, that Contract Cost Principles and Procedures,
48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., and all
applicable Federal and State laws and regulations, shall be used to determine the
allowability of individual PROJECT cost items.
Any Fund expenditures for costs for which ADMINISTERING AGENCY has received
payment or credit that are determined by subsequent audit to be unallowable under 2
CFR, Part 200, or 48 CFR, Chapter 1, Part 3, are subject to repayment by
ADMINISTERING AGENCY to STATE. Should ADMINISTERING AGENCY fail to
reimburse Funds due STATE within 30 days of demand, or within such other period as
may be agreed in writing between the Parties hereto, STATE is authorized to intercept
and withhold future payments due ADMINISTERING AGENCY from STATE or any third -
party source, including, but not limited to, the State Treasurer, the State Controller, and
the California Transportation Commission.
Program Supplement 00-045S-M- SERIAL Page 4 of 5
08-RIV-0-LQNT
ATPSBI L-5433(020)
SPECIAL COVENANTS OR REMARKS
J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to
comply with all reporting requirements in accordance with the Active Transportation
Program guidelines, as adopted or amended.
K. This PROJECT has received funds from Active Transportation Program (ATP). The
ADMINISTERING AGENCY agrees to administer the project in accordance with the CTC
Adopted S131 Accountability and Transparency Guidelines.
Program Supplement 00445S-S49- SERIAL Page 5 of 5
RESOLUTION NO.2017 - 047
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AUTHORIZING CERTAIN CITY
REPRESENTATIVES TO EXECUTE CALIFORNIA
DEPARTMENT OF TRANSPORTATION STATE -FUNDED
AGREEMENTS
WHEREAS, the City of La Quints is eligible to receive State funding for certain
transportation projects through the California Department of Transportation, and
WHEREAS, Program Supplemental Agreements are required to be executed
with the California Department of Transportation before such funds could be claimed,
and
WHEREAS, the City of La Quints wishes to delegate authorizations to execute
these agreements and any amendments thereto that the City Engineer be authorized
to execute all Program Supplemental Agreements and any amendments thereto.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta,
California, as follows:
The City of La Quints City Engineer is delegated the authority to accept,
execute, and endorse all Program Supplemental Agreements to the Master
Agreement Administering Agency -State Agreement for State -Funded Projects, No.
00445S, and any amendments thereto, with the California Department of
Transportation.
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 19th day of September, 2017, by the following vote:
AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
Resolution No. 2017.047
Program Suppiemental Agreements to the Master Agreement
Administering Agency -State Agreement for State -Funded Projects, No. 004455.
Delegating City Engineer Authority with California Department of Transportation
Adopted; September 19, 2017
Page 2 of 2
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
SUSAN MAYSELS, City Cl k
City of La Quinta, California
(SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of Lo Quinta, California
ta Qaiara
-- GEM of �h, DESERT —
OFFICE OF THE CITY CLERK
TEL (760) 777-7035
CERTIFICATION OF RESOLUTION NO. 2017-047
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE)
CITY OF LA QUINTA )
I, MONIKA RADEVA, 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. 2017-047 of the City of La
Quinta entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AUTHORIZING CERTAIN CITY
REPRESENTATIVES TO EXECUTE CALIFORNIA
DEPARTMENT OF TRANSPORTATION STATE -FUNDED
AGREEMENTS
Resolution 2017-047 was adopted by the La Quinta City Council on the 19th
day of September, 2017.
Dated: May 1, 2019
City of La Quinta, California
(CITY SEAL)
78495 CALLE TAMPICO, LA QUINTA, CA 92253
DEPARTMENT OF TRANSPORTATION
DIVISION OF ACCOUNTING
LOCAL PROGRAM ACCOUNTING BRANCH
Attention: City of La Quinta
FINANCE LETTER
Date:
D CO RT:
ProjecT No:
Adv Project Id:
Agreement End Date:
05/02/2019 EA No:
08-RIV-0-LQNT
ATPSB1 L-5433(020)
0819000022
FINANCE ITEMS
PRO RATA OR
TOTALCOSTOF
PART. COST
STATE FS
LOCALFUNDS
OTHER FUNDS
LUMPSUM
WORK
(ATP-SBII
Enviromental Studies & Permits
SW9JXI0-(X
$0.01
$0.0
$509,01D0.o
$0.0
Plans, Specifications &
$1,075,000.
$0.
$0JX
$1.075,000.0
$0.0
Estimates
Right of Way
$636,000.0
$0.0
$0.0
$636,000.0
Contract Items: 9 395 051
Contingencies: 939 506
__
0$0.0
Total: 1033455
--
Construction
Lump Sum
$10.334.557.0
$7.210,000.0
$7.210,000.0
$3,124,557.
Agency Construction
Lump Sum
$1.409,258.0
$103.000.0
$103.000.0
$1,306,258.0
$0.0
Er ineern
Totals:
$13,963,515.0
$7,313,000.0
71313,000,0
6,85g8151
0.0
Participation Ratio: 52.37% This Finance Letter was created based on speck 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.
r I
Signature: Q J For questions regarding finance letter, Contact:
Title: HQ Local Assistance Area Engineer Printed Name : Patrick Loiue
Telephone No: (916) 653-7349
Remarks: ATP ID ATP03A-08-024S. PPNO 08-1214. SB1 Augmentation project awarded on 10/18/17. Based on revised amounts from agency's finance letter dated 1/09/19 for Construction.
Reimbursement ratio = 100%.
ACCOUNTING INFORMATION
ATPSB1L5433(020)
Cooperative Work Agreement
APPROP.
ENCUMBRANCE APPROP EXPENDITURE
ENCUMBRANCE REVERSION
APPROVED EXPIRATION
ADV. PROJECT ID UNIT STATE FROG. FED/STATE
AMOUNT YEAR AMOUNT
BALANCE DATE
AMOUNT DATE
0819000022 1 18108 1 2030720100 1 1
$7,313,000.00 1718 1 $0.00
$7,313,000.00 06/30/23
Page 1 of 1