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Home My WebLink About5/2/2007 - STAFF REPORTS - 2.H. �O ppLM S'''P iy U � c44 1)ZOV. XP City Council Staff Report MAY 2, 2007 CONSENT CALENDAR Subject: APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. 020-N, WITH THE STATE OF CALIFORNIA FOR USE OF EMERGENCY RELIEF (ER) FEDERAL-AID FUNDS FOR EMERGENCY ROAD OPENING ON INDIAN CANYON DRIVE AT THE WHITEWATER RIVER, FEDERAL-AID PROJECT NO. ER-4211(012) From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY Approval of Program Supplement Agreement No. 020-N will formally authorize the reimbursement of $166,980 in federal-aid funds to reconstruct and reopen Indian Canyon Drive through the Whitewater River due to flooding, Federal Aid Project No. ER-4211(012). RECOMMENDATION: 1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 020-N TO ADMINISTERING AGENCY- STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $166,980 IN EMERGENCY RELIEF (ER) FUNDS, FOR EMERGENCY ROAD OPENING ON INDIAN CANYON DRIVE AT THE WHITEWATER RIVER, FEDERAL-AID PROJECT NO. ER-4211(012);" 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, Indian Canyon Drive through the Whitewater River was closed to traffic due to damage and debris flows. ITENA N10. '� City Council St2ff Report May 2, 2007 - Page 2 Program Supplement Agreement No. 020-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. All costs incurred by the City to reconstruct and reopen Indian Canyon Drive through the Whitewater River are reimbursed at 100%. 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 by the City. The Master Agreement is amended by each successive use of federal funds by the City, the City is provided with a "Program Supplement Agreement", or amendment, to the Master Agreement. In light of the City's submittal of Disaster Assistance Forms to the State of California, through the Department of Transportation (Caltrans) administering the release of Emergency Relief (ER) federal-aid funds, Caltrans has submitted to the City for approval Program Supplement Agreement No. 020-N, which will facilitate reimbursement of the City's costs to reopen Indian Canyon Drive, FISCAL IMPACT: Approval of Program Supplement Agreement No. 020-N with Caltrans will formally authorize the reimbursement of $166,980 in federal-aid funds to reconstruct and reopen Indian Canyon Drive through the Whitewater River due to flooding, Federal Aid Project No, ER-4211(012). Submitted- ^ David J. Barakian Thomas J. Wils Director of Public Works/City Engineer Assistant City anager Approved: David H. Ready City Manager ATTACHMENTS: 1. Program Supplement Agreement No. 020-N 2. Resolution 0002 PROGRAM'STPPLEMENT NO. N020 Date-IVIIIal) 26 2007 to Location:08-1'IV 0-I'SP 14DMINISTE;:ING AGENCY-STATE AGREEMENT Project Number:ER-4211(U12) FOR FEDERAL-AID PROJECTS NO. 06-5282R E-A, Nhmber.08-921960 This Program Supplement hereby mcorpor ales die Admullsten ng Agency-5uuc Altl er.mcm for 1=ederal Au1 which wns entered uiln between the Administering Agency:Ind the Slate on 02/07/07 and Is subject to Al the terms and conditions theleol This Pingr.ni Supplement is executed In accordance with Article I Of the .duremenlioned Ma,ter Agtecmem undot authority of RC\011ltlpn NO approved by the Adminislenn , Agency On (Sec copy attached). The Admrnistcul Agency further stipulates that as a condition to the payment by Statc of any Funds derived from sources noted below obligated to this prglect, the Administering Agency accepts and mll comply with the Spceial covenants or Remarks scdorth on the following pages. PROJECT LOCATION- Indian Canyon Drive at the Whitewater Rivcr, in Palm Springs DAF#W WL-PSP-001-0 TYPE OF WORK:Roadway Replacement LENGTH: 0 (MILES) Estimated Cost Federal Funds Matching Funds ER60 $166,980 00 LOCAL OTHER $166,980.00 $0 00 $0.00 $0.00 CITY OF PALM SPRINGS STATE OF CALTFORNIA Department of Transportation Sy By Chief, office of Project Implementation Data Division of Local Assistance Attest Date Title I hetoby cert&fy upon rw porsonal ]=owledge that budgeted funds are avay.labia for thi,* oncumbrance: Accounting Officer� Date 'A"&�7'1 $166,980.00 Chapter Statutes Iterrt`� Year Program 8C I cat6gor bvnd Seu,Yea 1\MOt7,= 38 2005 2660-102-890 2005-2006 20,30,010-650 C 225000 892-F 166,980.00 Program Supplement 08-5282R-NO20- 1STEA Page ��11I,�oo�ff} 5 08-R1V-0-PSP 02/26/2U07 ER-42J ](012) SPECIAL COVENANTS OR REMARKS 1. All project repair, replacement and maintenance involving the Physical condition and the operation of project improvements referred to in Article III MAINTENANCE, of the aforementioned Faster Agreement will be the responsibility of the ADMINISTERING AGENCY and shall be performed at regular intervals and as xequired for efficient operation of the completed project improvements_ 2 . 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. 3. The ADMINISTERING AGENCY agrees that payment of Federal funds will be limited to the amounts approved by the Federal highway Administration (FRWA) in the Federal-Aid Project Authorization/Agreement or Amendment/Modification (E-76) and accepts any resultant increases in ADMINISTERING AGENCY funds as shown on the Finance Letter, any modification thereof as approved by the Division of Local Assistance, Office of Project Implementation. 4. Award information shall be submitted by the ADMINISTERING AGENCY to the ➢istrict 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'5 first invoice for the construction contract to: Department of Transportation Division of Accounting Local Programs Accounting Branch, MS #33 P. O. Box 942874 Sacramento, CA 94274-0001. Failure to do so will cause a delay in the State processing invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. Program supplement08-5282R-N020- ISTRA Page 2 of S ' on,(�4 08-RIV•0 P5p 0:/_76/2007 FR-421 1(012) SPECIAL COVENANTS OR REMARKS 5. 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. 6. 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) _ 7. 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. S. Any State and Federal funds that may have been encumbered for this project are only available for disbursement for a period of five (5) years and seven (7) years, respectively, from the start of the fiscal year(s) that those funds were appropriated within the State Budget Act. All project funds not ,liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested and is approved by the California Department of Finance per Government Code Section 16304 . The exact date of each fund reversion will be reflected in the approved finance letter(s) issued for this project. Notwithstanding the unliquidated sums of project specific State and Federal, funding remaining and available to fund project work, any invoice for reimbursement that is not submitted to the Department on or before 60 days after that applicable fixed fund reversion date will not be paid from that fiscal year' s encumbered funds because all of these unexpended funds will be irrevocably reverted by the Department ' s Division of Accounting Program Suppl. ont 08-5282R-N020- ISTEA Page 3 of 5 08-RIV-0-11MI 0 2/2 612 007 ER-4211(012) SPECIAL COVENANTS OR RE1,=S 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. 9_ "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_ " 10. The Administering Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and perfo--mane 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 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. ) . 11. 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 8rogr= Snpplement08-5282R-N020- ISTEA Page 4 of 5 08_R1V-0•PSP 02/26/2007 ER-4211(012) SPECIAL COVENANTS OR REMARKS future authorizations/obligations, and invoice payments for any on-going or future federal-aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual . 12 . Disaster No. CA-05-1- Emergency opening work will be reimbursed at 100% 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. 13. 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. Program SUPP1e ant08-52B2R-N020- TSTrA Page 5 of 5 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 020-N TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $166,980 IN EMERGENCY RELIEF (ER) FUNDS, FOR EMERGENCY ROAD OPENING ON INDIAN CANYON DRIVE AT THE WHITEWATER RIVER, FEDERAL-AID PROJECT NO. ER- 4211(012) WHEREAS, the City of Palm Springs has submitted to the California Department of Transportation Disaster Assistance Forms related to the emergency opening of Indian Canyon Drive through the Whitewater River due to flooding which occurred in December 2004 through January 2005, requesting reimbursement of $166,980 from Emergency Relief (ER) federal-aid funds; and WHEREAS, the California Department of Transportation has prepared Program Supplement Agreement No. 020-N, an amendment to administering Agency-State Agreement No. 08-5282R with the state of California, obligating $166,890 in federal-aid funds for the emergency opening of Indian Canyon Drive through the Whitewater River, Federal Aid Project No. ER-4211(012). THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Program Supplement Agreement No. 020-N, an amendment to administering Agency-State Agreement No. 08-5282R with the state of California, obligating $166,980 in federal-aid funds for the emergency opening of Indian Canyon Drive through the Whitewater River, Federal Aid Project No. ER-4211(012), 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 2nd day of May, 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 May 2, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN, James Thompson, City Clerk City of Palm Springs, California