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Home My WebLink About11/5/2014 - STAFF REPORTS - 2.J. �O PALM SA9 .y e V N t M C 4 �RlORAR� °a c'`'F°"N,P City Council Staff Report November 5, 2014 CONSENT CALENDAR Subject: APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. 021-R1, WITH THE STATE OF CALIFORNIA FOR USE OF HIGHWAY BRIDGE PROGRAM (HBP) FEDERAL-AID FUNDS FOR THE BOGERT TRAIL BRIDGE REHABILITATION, CITY PROJECT NO. 07-03, FEDERAL-AID PROJECT NO. BHLS-5282 (026) From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY Approval of Program Supplement Agreement No. 021-R1 will formally authorize the disbursement and use of up to $3,672,391.00 in federal-aid funds for the Bogert Trail Bridge Rehabilitation, City Project No. 07-03, Federal Aid Project No. BHLS-5282 (026). RECOMMENDATION: 1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 021-R1 TO ADMINISTERING AGENCY- STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $3,672,391, FOR THE BOGERt TRAIL BRIDGE REHABILITATION, CITY PROJECT NO. 07-03, FEDERAL-AID PROJECT NO. BHLS-5282 (026), 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: The Public Works and Engineering Department applied for funding through the Highway Bridge Program (HBP) for widening and rehabilitation of the existing Bogert Trail bridge over the Palm Canyon Wash. The existing bridge has been identified by Caltrans as functionally obsolete, and its widening and repairs are eligible for funding through the HBP. This project will retrofit and repair the existing bridge, and widen the bridge deck ITEM NO. �� City Council Staff Report November 5, 2014 -Page 2 Program Supplement Agreement No. 021-R1 to match the existing roadway width on either side of the bridge, including new sidewalks and accommodating for future bike lanes. 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. The City previously approved a Program Supplement Agreement (PSA) No. 021-N on April 18, 2007. A revised PSA Agreement No. 021-R1 (Rev. 1) includes additional HBP federal funds, slight modifications to the contract language, and emphasis on the Disadvantaged Business Enterprise program. FISCAL IMPACT: Approval of Program Supplement Agreement No. 021-R1 with Caltrans will formally authorize the disbursement and use of up to $3,672,391.00 in federal-aid funds for the Bogert Trail Bridge Rehabilitation, City Project No. 07-03, Federal Aid Project No. BHLS-5282 (026). SUBMITTED: Prepared b . Recommended by: Savat Khamphou David J. Barakian Assistant Director of Public Works Director of Public Works/City Engineer Approved: David H. Ready City Manager ATTACHMENTS: 1. Program Supplement Agreement No. 021-R1 2. Resolution 3. Approved Program Supplement Agreement No. 021-N 02 PROGRAM SUPPLEMENT NO. N021 Rev. 1 Adv Project ID Date: October 14, 2014 to 0800000891 Location: 08-RIV-0-PSP ADMINISTERING AGENCY-STATE AGREEMENT Project Number: BHLS-5282(026) FOR FEDERAL-AID PROJECTS NO 08-5282R E.A. Number: 08-924970 Locode: 5282 This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 02/07/07 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached). The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT,the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages. PROJECT LOCATION: East Bogert Trail over Palm Canyon Wash east of Andreas Palms Drive, Br. No. 56C-0311 TYPE OF WORK: Bridge rehabilitation LENGTH: 0.1(MILES) Estimated Cost Federal Funds Matching Funds M240 $3,672,391.00 LOCAL OTHER WC0 $119,516.00 $5,023,938.00 L110 $655,786.00 $576,245.00 $0.00 CITY OF PALM SPRINGS STATE OF CALIFORNIA Department of Transportation By By Title Chief,Office of Project Implementation Division of Local Assistance Date Date Attest I hereby certify upon my per knowledge th hbudgeted funds are available for this encumbrance: Accounting Offlcer Date /u t/ $4,447,693.00 Chapter statu s Item Year VProgram BC Category Fund Source AMOUNT Program Supplement 085282R-N021-R1-ISTEA Page 1 of 3 03 STATE OF CALIFORNIA.DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF(REV.0112010) Pape_i_d_i TO: DATE PREPARED: PROJECT NUMBER: Claims Audits 10/14/2014 0800000891 3301 "C"Street,Rm 404 REQUISITION NUMBER!CONTRACT NUMBER: Sacramento,CA 95816 CT 085282021 N FROM: Department of Transportation SUBJECT: Encumbrance Document VENDOR! LOCALAGENCY: City of Palm Springs $3,672,391.00 PROCUREMENTTYPE: Local Assistance CHAPTER STATUTES ITEM YEAR PEC/PECT TASKISUBTASK AMOUNT 20 2013 2660-102-890 2013-2014 20.30.010.300 2240/0600 $3.672,391.00 TOTAL CONTRACT AMOUNT $3,672,391.00 ADA Notice For individuals with sensory disablliges,this document is available in alternate formats.For inlonnation,call(915)654.6410 of TDD(916)-3880 orwrite Records and Forms Management,1120 N.Street,MS-89,Sacramento,CA 95814. 04 08-RIV-0-PSP 10/14/2014 BHLS-6282(026) SPECIAL COVENANTS OR REMARKS 1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). C. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. D. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or 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. E. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal- assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal Program Supplement 08-5282R-N021-R7-ISTEA Page 2 of 3 05 08-RIV-0-PSP 10/14/2014 BHLS-5282(026) SPECIAL COVENANTS OR REMARKS obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. G. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov. Program Supplement 08-5282R-N021-RI-ISTEA Page 3 of 3 06 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 021-R1 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $3,672,391.00, FOR THE BOGERT TRAIL BRIDGE REHABILITATION, CITY PROJECT NO. 07-03, FEDERAL- AID PROJECT NO. BHLS-5282 (026), 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 Bogert Trail Bridge Rehabilitation, requiring encumbrance of $3,672,391 of HBP federal-aid funds; and WHEREAS, the California Department of Transportation has prepared Program Supplement Agreement No. 021-R1, an amendment to administering Agency-State Agreement No. 08-5282R with the state of California, encumbering $3,672,391.00 in federal-aid funds for the Bogert Trail Bridge Rehabilitation, City Project No. 07-03, Federal Aid Project No. BHLS-5282 (026). THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Program Supplement Agreement No. 021-R1, an amendment to administering Agency-State Agreement No. 08-5282R with the state of California, encumbering $3,672,391.00 in federal-aid funds for the Bogert Trail Bridge Rehabilitation, City Project No. 07-03, Federal Aid Project No. BHLS-5282 (026), is approved. SECTION 2. The City Manager is authorized to execute and administer the Program Supplement Agreement as may be necessary. 07 Resolution No. Page 2 ADOPTED THIS 5th day of November 2014. 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 November 5, 2014, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 08 -` nzn;:Z�J iv: PROGRAM SUPPLEMENT NO. N021 `7 r =n�'� Date-.March 14,2007 to C7eVW^-PAO—ylSRR.NG£, LocatIon:08-RIV-O-PSP ADMINISTERING AGENCY-STATE AGREEMENT 30.�.2745 3o ect Number:BBLO.5282 026 FOR FEDERAL-AZD PROJECTS NO. 08-5282R E.A. Number:08-924970 This Program Supplement hereby incorporates the Administering Agency-State Agreement for Fcdcral Aid which was entered into between the Administering Agency and the State on 02/07/07 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. �f 66 q ,approved by the Administering Ao.sun on q -10^_p', (Sea copy attached). The Administering Agency further stipulates that as a condition to the payment by State of any funds derived from sources noted below obligated to this project,the Administering Agency accepts and will comply with the Special covenants or Remarks setforth on the following pages. PROJECT LOCATION: East Bogctt Trail over Palm Canyon Wash east of Andreas Palms Drive TYPE OF WORK:Bridge rehabilitation LENGTH: 0.1 (MILES) Estimated Cast Federal Funds Matching Fonds LI10 $655,786-00 LOCAL OTRER $740.750.00 $84,9(>4.00 $0-00 $0.00 CITY OF PAIN SPRINGS STATE Or CALIFORNIA Department of Tran=ortatiou Chief, Office of Project ImPlementati,on 7-1 Date_ I/Division of Local Assistance Atte y 2d67_ Datb I hereby certify upon W personal )moelodgo that budgoted funds are available for this encumbrance- Accounting Officer Date s $655,786.00 Chuptei statutes Item Yeaz Piogrem 8C Category Pend aonrce AAootar 47 2D06 2660-102.890 2006-2007 2030.010.30D C 224060 892-F 655,786.00 APPROVED BY MY COUNCIL 04 19 Lm? tZ95 Z1669 Program Suppl®ant OH-5282R-NO21- ;$TEA Page 1 of 3 09 08-RiV-0.PSP 01'1412007 EHLO-5282(026) SPECIAL COVENANTS OR REMkRKS 1. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 2. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days after the project contract award. A copy of the award package shall also be included with the submittal of the ADMINISTERING AGENCY's first invoice for the construction contract to: Department of Transportation Division of Accounting Local Programs Accounting Branch, MS #33 P. O. Box 942874 Sacramento, CA 94274-0001. Failure to do so will cause a delay in the State processing invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. 3. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phaze(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s) . 4. Any State and Federal funds that may have been encumbered for this project are only available for disbursement for a period of five (5) years and seven (7) years, respectively, from the start of the fiscal year(s) that those funds were appropriated within the State Budget Act. All project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested and is approved by the California Department of Finance per Government Code Section 16304. The exact date of each fund reversion will be reflected in the approved finance letter(s) issued for this project. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project worse, any invoice for reimbursement that is not submitted to the Department on or before 60 days after that applicable fixed fund Program Su1k91omo3 t:08-5282R-R021- ZSwzA Pago 2 of 3 10 08-1Z:V-0-psF. 03114/2007 BHLO.5282(026) SPECTAL COVENANTS OR REMARKS reversion date will not be paid from that fiscal year's encumbered funds because all of these unexpended funds will be irrevocably reverted by the Department's Division of Accounting on that date. Pursuant to a directive from the State Controller's Office and the Department of Finance, the last date to submit invoices for reimbursed work in each fiscal year is May 15th in order for payment to be made out of those then current appropriations. Project work performed and invoiced after May 15th will be reimbursed only out of available funding that might be encumbered in the subsequent fiscal year, and then only when those funds are actually allocated and encumbered as authorized by the California Transportation Commission and the Department's Accounting Office. S. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE' s approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations, and invoice payments for any on-going or future federal-aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount- ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. i i Program SipPIe t OB-52UR-N021- IST$A Page 3 of 3 i RESOLUTION NO. 21869 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT N0. 021-N TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $740,750 ($655,786 HBP FEDERAL FUNDS 1 $84,964 MEASURE A FUNDS), FOR THE BOGERT TRAIL BRIDGE REHABILITATION, CITY PROJECT NO. 07-03, FEDERAL- AID PROJECT NO. BHLO-5282(026), 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 Preliminary Engineering (PE) Phase for the Bogert Trail Bridge Rehabilitation, requiring obligation of$655,786 of HBP federal-aid funds; and WHEREAS, the California Department of Transportation has prepared Program Supplement Agreement No. 021-N, an amendment to administering Agency-State I Agreement No. 08-5282R with the state of Califomia, obligating $655,786 in federal-aid funds for the Bogert Trail Bridge Rehabilitation, City Project No. 07-03, Federal Aid i Project No. BHLO-5282(026). THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Program Supplement Agreement No. 021-N, an amendment to administering Agency-State Agreement No. 08-5282R with the state of California, obligating $655,786 in federal-aid funds for the Bogert Trail Bridge Rehabilitation, City Project No. 07-03, Federal Aid Project No. BHLO-5282(026), is approved. SECTION 2. The City Manager is authorized to execute and administer the Program Supplement Agreement as may be necessary. ADOPTED THIS 18th day of April, 2007. David H. Ready, Ciq`IIUIAl!Ndi' I 1* ATTEST: i es Thompson, City Clerk i 1 I 12 Resolution No.21869 Page 2 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. 21869 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 the 18th day of April, 2007, by the following vote: AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, Mayor Pro Tem Pougnet, and Mayor Oden_ NOES: None. ABSENT: None. ABSTAIN: None. mes Thompson, City Clerk ity of Palm Springs, California I CERTIFIED COPY I cerdly that this is a true and correct copy of the document on file In official records of the City of Palm Springs. City Clerk 1" i._ Thi ertification must appear in blue with an original signature. 13