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Home My WebLink About4/18/2007 - STAFF REPORTS - 2.F. F P 6M S.. ry c+ V N °C`0hdw ''rP^. -0`'k0"N" Cit-V Council Staff Repo APRIL 18, 2007 CONSENT CALENDAR Subject: APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. 023-N, WITH THE STATE OF CALIFORNIA FOR USE OF EMERGENCY RELIEF (ER) FEDERAL-AID FUNDS FOR THE GOLF CLUB DRIVE CULVERT REHABILITATION, CITY PROJECT NO. 05-18, FEDERAL- AID PROJECT NO. ER-4211(004) From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY Approval of Program Supplement Agreement No. 023-N will formally authorize the disbursement and use of up to $367,283 in federal-aid funds for the Golf Club Drive Culvert Rehabilitation, City Project No. 05-18, Federal Aid Project No. ER-4211(004), RECOMMENDATION: 1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 023-N TO ADMINISTERING AGENCY- STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $414,675 ($367,283 ER FEDERAL FUNDS / $47,392 GAS TAX FUNDS), FOR THE GOLF CLUB DRIVE CULVERT REHABILITATION, CITY PROJECT NO. 05-18, FEDERAL-AID PROJECT NO. ER-4211(004), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS;" and 2) Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: In December 2004 and January 2005, significant winter storms caused substantial flooding and damage throughout the Coachella Valley. On several occasions, Golf Club Drive at the Palm Canyon Wash was closed to traffic due to damage and debris flows. ITEM NO.1_ City Council Staff Report April 18, 2007 - Page 2 Program Supplement Agreement No. 023-N On February 4, 2005, President Bush declared a major disaster for the State of California, determining that the damage in certain areas of the State of California, including Riverside County, resulting from severe storms, flooding, debris flows, and mudslides on December 27, 2004, through January 11, 2005, was of sufficient severity and magnitude to warrant a major disaster declaration. The President's declaration was necessary for local agencies to receive Emergency Relief (ER) federal-aid funds. The Engineering Department was successful in applying through FEMA for ER federal- aid funds to restore the existing Golf Club Drive culvert crossing, including betterment by way of increasing the number and size of the culverts at the crossing. The existing culvert crossing had only three, 18 inch diameter culverts, allowing very little capacity for carrying stormwater runoff under the roadway as compared to the other culvert crossings at El Cielo Road and Farrell Drive. The improved culvert crossing will have nine, 29 inch by 42 inch arch culverts at the low water crossing, with ER federal-aid funds providing 88.53% of the cost for the improved facility. The City operates under a "Master Agreement" with the state of California, identified as the "Administering Agency — State Agreement No. 08-5282R" for use of federal funds on City projects. The Master Agreement is amended by each successive use of federal funds on a project, and upon the first "authorization" or obligation of the use of federal funds on a project, the City is provided with a "Program Supplement Agreement", or amendment, to the Master Agreement. In light of the City's authorization to proceed with the construction phase for this project, using ER federal-aid funds, Caltrans has submitted to the City for approval Program Supplement Agreement No. 023-N, which will facilitate the City's use f�f federal funds for this project. d P � Aal FISCAL IMPACT: IFinance Director Review- ZI Approval of Program Supplement Agreement No. 023-N with Caltrans will formally authorize the disbursement and use of up to $367,283 in federal-aid funds for the Golf Club Drive Culvert Rehabilitation, City Project No. 05-18, Federal Aid Project No. ER- 4211(004). City Council Staff Report April 18, 2007- Page 3 Program Supplement Agreement No. 023-N Submitted:a6i, David J. Barakian Thomas J. Wil n Director of Public Works/City Engineer Assistant City Manager Approved: David H. Ready City Manager ATTACHMENTS: 1. Program Supplement Agreement No. 023-N 2. Resolution PROGRAM SUPPLEMENT NO. N023 Date:Nl.n Ch 11 2007 to Location:0S-1t1 V ADMINISTERING AGENCY-STATE AGREEMENT Project Numbor:l:R 4211(004) FOR FEDERAL-AID PROTECTS NO. 08-5282R E.A. Ntunber:O.S-924397 This Program Supplement herehy incorpurdICs the AJnmustenntt Agency-State Agiecmera lot hedeial Aid which wa, entered into between (he Administering Agency and the State on 02/07/07 mrd is suhlect tit all the terms and condiuuns thereof.This Pro-rural Supplement is executed in accordance with Article I of(he aforemennoncd M:nicr Agreement under:mihority of Resolution No , approved by the Administering Agency on (Sec copy aaachcd). The Administering Agency further stipulates that as a condition to the payment by Slate of any funds derived horn sources noted below obligated to this project, the Admmistering Agency accepts and will comply with the Special covenants or Remarks setlbrth on the following pages. pROSECT LOCATION: Golf Club Drive at the Palm Canyon Wash, in the city of Palm Springs DAP fit WWI,-PSP-004-1 TYPE OF WORK.Emergency Opening and Resioration LENGTH: O(MILES) Estimated Cost Federal Funds Matching Funds ER60 $367293-00 LOCAL OTHER 5414,675,00 $47,392.00 $0.00 $0.00 OITY OF PALM SPRINGS STATE OF CALIFORNIA Department of Transportation By By Chief, Office of Project Implementation Date Division of Local Assistance Attest Date Title I hereby eertity uyon my porsonal knpwledge that badgoted funds are available for thiw encumbrance: Accounting Officer• f�$.��/��%/��±.y_% Date� $367,283-00 Chapter Statutes ` item Year Program HC Category Fund Source AMOV= 47 2006 2660-102-890 2006-2007 20-30.010,650 C 225000 S92-F 367,283.00 Program Supplement 08-5282R-N023- ISTEA Page I of 5 08-RI V-0•PS I' 03/21/2007 ER-4211(004) SPECIAL COVENANT'S OR REMARKS 1. The work eligible for Federal Reimbursement shall be performed by the ADMINISTERING AGENCY either by using their own forces or by contract. The ADMINISTERING AGENCY must be able to identify the costs incurred at each site and be subject to an audit for verification. 2_ The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 3- All project repair, replacement and maintenance involving the physical condition and the operation of project improvements referred to in Article III MAINTENANCE, of the aforementioned Master Agreement will be the responsibility of the ,ADMINISTERING AGENCY and shall be performed at regular intervals and as required for efficient operation of the completed project improvements. q. The ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act and OMB A-133 if it receives a total of $500, 000 or more in federal funds in a single fiscal year. The federal funds received under this project are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205, Highway Planning k Research. OMB A-133 superceded OMB A-128 in 1996. A reference to OMB A-128 in a Master Agreement (if any) is superceded by this covenant to conform to OMB A-133. 5. The ADMINISTERING AGENCY agrees that payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration (FHWA) in the Federal--Aid Project Authorization/Agreement or Amendment/Modification (E-76) and accepts any resultant increases in ADMINISTERING AGENCY funds as shown on the Finance Letter, any modification thereof as approved by the Division of Local Assistance, Office of Project Implementation. 6_ Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer 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 Program Sugple ent08-5202R-N023- ISTEA Page 2 of 5 08-R1V-0-PSI' 01(�I/�U07 ER-4211(004) SPECIAL COVENANTS OR REMARKS Division of Accounting Local Programs Accounting Branch, MS #33 P. 0. Box 942874 Sacramento, CA 94274-0001. Failure to do so will cause a delay in the State processing invoices for the construction phase. ,Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. 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. 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. 10. 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 PYogrem $UP1?1 ant08-5282R-N023- ISTEA Page 3 of 5 08-RI V-a-PSP 011 112DO 7 ER-4211(001) SPECIAL COVENANTS OR REMARKS 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. 11. "ADMINISTERING AGENCY certifies that neither the ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this agreement. ADMINISTERING AGENCY agrees that it will notify the STATE immediately, in the event a suspension or a debarment happened after the execution of this agreement. " 12. The Administering Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE .Program or the requirements of 49 CFR Part 26_ The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The administrating 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 recepient of its failure to carry out its approved DBE Race--Neutral Implementation Agreement, Caltrans may impose sanctions as provided for under Part 26 and may, in Fxogr= SuPPI. ent 08-5282R-N023- ISTEA Page 4 of 5 08-RI V-U-PSI' M/-I C007 FR-4211(004) SPECIAL COVENANTS OR REMARKS 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. ) . 13 . 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 subunit 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- 14. Aisaster No. CA-05-1- Emergency opening work will be reimbursed at 100o if completed within 180 days from the initial day of storm occurence_ The initial day of storm occurence is December 28, 2004. ADMINISTERING AGENCY records must clearly identify those costs incurred on or after December 28, 2004 . Incurred costs are defined as disbursements made or in process for goods and services delivered. Emergency opening work completed after June 26, 2005 will be funded at the federal-aid reimbursement ratio of 88.53%. Restoration work, including preliminary engineering, will be reimbursed at an 88 .53% ratio. The ADMINISTERING AGENCY will be responsible for the matching requirement_ Program Supp],�ent 08-5282R-NOn- IS'. M Page 5 of 5 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING PROGRAM SUPPLEMENT AGREEMENT NO 023-N TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $414,675 ($367,283 ER FEDERAL FUNDS / $47,392 GAS TAX FUNDS), FOR THE GOLF CLUB DRIVE CULVERT REHABILITATION, CITY PROJECT NO. 05-18, FEDERAL- AID PROJECT NO. ER-4211(004), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS WHEREAS, the City of Palm Springs has submitted to the California Department of Transportation a request for authorization to proceed with the Construction (CON) Phase for the Golf Club Drive Rehabilitation, requiring obligation of $367,283 of ER federal-aid funds; and WHEREAS, the California Department of Transportation has prepared Program Supplement Agreement No. 023-N, an amendment to administering Agency-State Agreement No. 08-5282R with the state of California, obligating $367,283 in federal-aid funds for the Golf Club Drive Culvert Rehabilitation, City Project No. 05-18, Federal Aid Project No. ER-4211(004). THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Program Supplement Agreement No. 023-N, an amendment to administering Agency-State Agreement No. 08-5282R with the state of California, obligating $367,283 in federal-aid funds for the Golf Club Drive Culvert Rehabilitation, City Project No. 05-18, Federal Aid Project No. ER-4211(004), is approved. SECTION 2. The City Manager is authorized to execute and administer the Program Supplement Agreement as may be necessary. Resolution No. Page 2 ADOPTED THIS 18th day of April, 2007. David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on April 18, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California