HomeMy WebLinkAbout9/2/2009 - STAFF REPORTS - 2.Q. ;O�pALM SA?
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[FOR City Council Staff Report
Date: September 2, 2009 CONSENT CALENDAR
Subject: APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT N0. 027-N,
WITH THE STATE OF CALIFORNIA FOR USE OF AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 (ARRA) FEDERAL-
AID FUNDS FOR THE GENE AUTRY TRAIL GATEWAY LANDSCAPE
IMPROVEMENT PROJECT, CITY PROJECT NO. 06-03, FEDERAL-AID
PROJECT NO. ESPLE-5282(027)
From: David H. Ready, City Manager
Initiated by. Public Works and Engineering Department
SUMMARY
Approval of Program Supplement Agreement No. 027-N will formally authorize the
reimbursement of up to $1,850,000 in federal-aid funds for the construction phase of the
Gene Autry Trail Gateway Landscape Improvement Project (City Project 06-03),
Federal Aid Project No. ESPLE-5282(027).
RECOMMENDATION:
1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA APPROVING PROGRAM
SUPPLEMENT AGREEMENT NO. 027-N TO ADMINISTERING AGENCY-
STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH
THE STATE OF CALIFORNIA, IN THE AMOUNT OF $1,850,000 ($1,850,000
ARRA FEDERAL FUNDS / $0 LOCAL FUNDS), FOR THE GENE AUTRY TRAIL
GATEWAY LANDSCAPE IMPROVEMENT PROJECT, CITY PROJECT NO. 06-
03, FEDERAL-AID PROJECT NO. ESPLE-5282(027), 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.
ITEM NO.
City Council Staff Report
September 2, 2009 - Page 2
Program Supplement Agreement No, 027-N
STAFF ANALYSIS:
The City received $1,850,000 in American Recovery and Reinvestment Act of 2009
("ARRA") federal-aid funds to construct the Gene Autry Trail Gateway Landscape
Improvement Project.
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 construction of this project, using
ARRA federal funds, Caltrans has submitted to the City for approval Program
Supplement Agreement No. 027-N, which will facilitate the City's use of federal funds for
this project.
FISCAL IMPACT:
Approval of Program Supplement Agreement No. 027-N with Caltrans will formally
authorize the disbursement and use of up to $1,850,000 in federal-aid funds for the
Gene Autry Trail Gateway Landscape Improvement Project (City Project 06-03),
Federal Aid Project No. ESPLE-5282(027).
Submitted:
//
David J. Barakian Thomas J. Wilson
Director of Public Works/City Engineer Assistant City Manager
Approved:
David H. Ready
City Manager
ATTACHMENTS:
1. Program Supplement Agreement No. 027-N
2. Resolution
ATTACHMENT
PROGRAM SUPPLEMENT AGREEMENT NO. 027-N
PROGRAM SUPPLEMENT NO- N027 Date:Jnm1C 2Q,2009
to LOCation:t)�-RI V-O-PSP
ADMINISTERING AGENCY-STATE AGREEMENT Project Number:F..SPLL.-7282(027)
FOR FEDERAL-AID PROJECTS NO. CB-5282R E.A. Number:08-OG021A
This Program Supplement hereby mcorponitcs the Administering Agency-SLaLc.4,-ieenwnt for Fcdmal Aid which was enwred into
benween the AdninusLcring A-ency and the State on 02/07/07 and is subject to all the terms and conditions thereof. This Program
Supplement is executed in accordanuc with Article I of the aforementioned Master Agrocment under authority of Resolution No.
,approved by the Administering Agency un (Sec copy attachud).
The Administering Agency f nthei stipulates thal as a condition to The payment by State of any funds derived from sources noted
below obligated to this project,the Administering Agency accepts and will comply with the Special covenants or Remarks selforth
on the following pages
PROJECT LOCATION:
Gene Aiitry Trail from VisLu Chino to Via Lmcucla
TYPE OF WORK: Median landscapieg and new gateway park LENGTH: 0 3 (MILES)
Estimated Cost Federal Funds Matching Funds
C22O 51,850,000 00 LOCAL OTHER
SI,S50,00O.00 S000 $0,00 $0.00
CITY OF PALM SPRINGS STATE OF CALIFORNIA
Department of Transportation
By ny
Chief, Office of Project Implementatiori
Date Division of Local Assistance
.Attest
Date
Title
I hereby coxtify upon my petnQnat. ]mowledge L•hat bud eted funds me avallahle ier t;hIS encuiahrevco:
� y _
Accounting Officer �G:'�i}�'.f'� Date /!�> loc," SI,85O,000.0O
chap Lcr Statutes IL•en Year Program )Be Ca Lagery Fund Seurce AMOIINT
268 20U 2660-603-59O 2OOS-2009 20.30 100 S27 F 262042 898-F 1,85O,O0O.O0
Program supplement 03-52323t-N027- ISTEA Page 1 of '(�
u6-K2V-u-rar 0 7/1 312 0 0 9
ESP'-E-5282(027)
SPECIAL COVENANTS OR REMARKS
1 . 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).
2. Any State and Federal funds that may have been encumbered for this project are only
available for disbursement for a period of six (6) years and seven (7) years, respectively,
from the start of the fiscal year(s) that those funds were appropriated within the State
Budget Act. All project funds not liquidated within these periods will revert unless an
executed Cooperative Work Agreement extending these dates is requested and is
approved by the California Department of Finance per Government Code Section 16304.
The exact date of each fund reversion will be reflected in the approved finance letter(s)
issued for this project.
Notwithstanding the unliquidated sums of project specific State and Federal funding
remaining and available to fund project work, any invoice for reimbursement that is not
submitted to the Department on or before 60 days after that applicable fixed fund
reversion date will not be paid from that fiscal year's encumbered funds because all of
these unexpended funds will be irrevocably reverted by the Department's Division of
Accounting on that date.
Pursuant to a directive from the State Controller's Office and the Department of Finance,
the last date to submit invoices for reimbursed work in each fiscal year is May 15th in
order for payment to be made out of those then current appropriations. Project work
performed and invoiced after May 15th will be reimbursed only out of available funding
that might be encumbered in the subsequent fiscal year, and then only when those funds
are actually allocated and encumbered as authorized by the California Transportation
Commission and the Department's Accounting Office,
3. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual,
4. Award information shall be submitted by the ADMINISTERING AGENCY to the District
Local Assistance Engineer within 60 days after the project contract award. A copy of the
award package shall also be Included with the submittal of the ADMINISTERING
AGENCY's first invoice for the construction contract to.
Department of Transportation
Division of Accounting
Local Programs Accounting Branch, MS #33
P. O. Box 942874
Sacramento, CA 94274-0001
Failure to do so will cause a delay in the State processing invoices for the construction
phase. Please refer to Section 15.7 "Award Package" of the Local Assistance
Program Supplement 08-5282R-N027. ISTEA Page 2 of 4
v o-rci v-u-r5 r 07/13/2009
ESPLE 5282(027)
SPECIAL COVENANTS OR REMARKS
Procedures Manual.
5. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every
six months commencing after the funds are encumbered for each phase by the execution
of this Project Program Supplement Agreement, or by STATE's approval of an applicable
Finance Letter. STATE reserves the right to suspend future authorizations/obligations,
and invoice payments for any on-going or future federal-aid project by ADMINISTERING
AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a
six-month period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY
agrees to submit for each phase a written explanation of the absence of PROJECT
activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively
constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT
completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of
Expenditures" within 180 days of PROJECT completion will result in STATE imposing
sanctions upon ADMINISTERING AGENCY in accordance with the current Local
Assistance Procedures Manual.
6. The Administering Agency shall not discriminate on the basis of race, religion, age,
disability, color, national origin, or sex in the award and performance of any Federal-
assisted contract or in the administration of its DBE Program Implementation Agreement.
The Administering Agency shall take all necessary and reasonable steps under 49 CPR
Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted
contracts. The Administrating Agency's DBE Implementation Agreement is incorporated
by reference in this Agreement. Implementation of the DBE Implementation Agreement,
including but not limited to timely reporting of DBE commitments and utilization, is a legal
obligation and failure to carry out its terms shall be treated as a violation of this
Agreement. Upon notification to the Administering Agency of its failure to carry out its
DBE Implementation Agreement, the State may impose sanctions as provided for under
49 CPR 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 198E (31 U.S.C. 3801 et
seq.).
7. As a condition for receiving federal-aid highway funds for the PROJECT, the
Administering Agency certifies that NO members of the elected board, council, or other
key decision makers are on the Federal Government Excluded Parties List System
(EPLS).
8. This project is financed, in whole or in part, with federal funds from the American
Recovery and Reinvestment Act of 2009 (Recovery Act). ADMINISTERING AGENCY
agrees:
�9
Program Supplement 08-5282R-N027- ISTEA Page 3 of 4
U8-KI V-U-P,5IJ 07/13/2009
ESPLE-5282(027)
SPECIAL COVENANTS OR REMARKS
1) Statutory provisions contained in Chapter 1 of Title 23 United States Code (U.S.C.)
are applicable to all Recovery Act funded projects,
2) Costs incurred prior to the date of authorization are NOT eligible for reimbursement
with federal Recovery Act funds,
3) Federal Prevailing Wage Rate requirements apply to all Recovery Act funded
construction projects regardless of location (including projects on local roads and rural
minor collectors, and Transportation Enhancement projects outside the highway right of
way). ADMINISTERING AGENCY agrees to include the appropriate wage rate
information in the contract and also include a contract provision that overrides the general
applicability provisions in form FHWA-1273, Sections IV and V,
4) To expend and invoice for all Recovery Act funds prior to using other funds, and
5) To comply with the reporting requirements, terms and conditions set forth in Sections
1201 and 1512 of the Recovery Act and as designated by the STATE. Failure to comply
will result in retentions from progress payments due ADMINISTERING AGENCY and/or
other sanctions,
6) Recovery Act funds are available for liquidation only until September 30, 2015 when
the remaining balance of Recovery Act funds will expire. ADMINISTERING AGENCY
agrees to submit an invoice for the balance of project Recovery Act funds (if any) to the
STATE prior to July 1, 2015.
9• This PROJECT is programmed to receive Federal Transportation Enhancement Activities
(TEA) fund. The ADMINISTERING AGENCY agrees that any functional or operational
change to a TEA PROJECT, before, during or after PROJECT acquisition and/or
construction, that does not comply with, or is in conflict with, the TEA program
requirements and the original purpose of the project at the time it was programmed may
render the PROJECT ineligible for Federal reimbursement and ADMINISTERING
AGENCY may be required to reimburse STATE the entire amount of TEA funds
contributed to the project or the value of the TEA fund contribution, based upon the fair
market value of the acquisition and/or construction, at the time the conflict and/or non-
compliance is determined, whichever is greater.
Program Supplement 08-5282R-NU27- ISTEA Page 4 of 4
ATTACHMENT
RESOLUTION
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA APPROVING PROGRAM
SUPPLEMENT AGREEMENT NO. 027-N TO
ADMINISTERING AGENCY-STATE AGREEMENT FOR
FEDERAL-AID PROJECTS NO. 08-5282R WITH THE
STATE OF CALIFORNIA, IN THE AMOUNT OF $1,850,000
($1,850,000 ARRA FEDERAL FUNDS / $0 LOCAL FUNDS),
FOR THE GENE AUTRY TRAIL GATEWAY LANDSCAPE
IMPROVEMENT PROJECT, CITY PROJECT NO. 06-03,
FEDERAL-AID PROJECT NO. ESPLE-5282(027), 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 construction of new parkway
and median landscaping on Gene Autry Trail between Vista Chino and Via Escuela, and
construction of a new landscaped gateway entry at the southwest corner of Gene Autry
Trail and Vista Chino, requiring obligation of$1,850,000 of ARRA federal-aid funds,- and
WHEREAS, the California Department of Transportation has prepared Program
Supplement Agreement No. 027-N, an amendment to administering Agency-State
Agreement No- 08-5282R with the state of California, obligating $1,850,000 of American
Recovery and Reinvestment Act of 2009 ("ARRA") federal-aid funds for the Gene Autry
Trail Gateway Landscape Improvement Project (City Project 06-03), Federal Aid Project
No. ESPLE-5282(027).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. Program Supplement Agreement No. 027-N, an amendment to
administering Agency-State Agreement No. 08-5282R with the state of California,
obligating $1,850,000 of ARRA federal-aid funds for the Gene Autry Trail Gateway
Landscape Improvement Project (City Project 06-03), Federal Aid Project No. ESPLE-
5282(027), 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 September, 2009.
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 September 2, 2009, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California