HomeMy WebLinkAbout2006-02-15 STAFF REPORTS 2I O�pALM Sp?
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q�IFORN, City Council Staff Report
CITY COUNCIL FEBRUARY 15, 2006
CONSENT CALENDAR
Subject: APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO.
011-M1 WITH THE STATE OF CALIFORNIA FOR USE OF
SURFACE TRANSPORTATION PROGRAM (STP) FEDERAL
FUNDS FOR THE GENE AUTRY TRAIL UNION PACIFIC
RAILROAD BRIDGE WIDENING, FEDERAL PROJECT NO.
RPMSTPL-5282(018), CITY PROJECT NO. 01-04
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The City of Palm Springs was initially the recipient of $1,842,000 in 2000
discretionary State Transportation Improvement Program (STIP) federal funds for
the widening of Gene Autry Trail from the Whitewater River to the Interstate 10
project (including widening the Union Pacific Railroad bridge). Upon award, staff
submitted a request to the California Transportation Commission (CTC) in July
2002 for STIP fund allocation of $160,000 ($99,153 in STIP federal funds) for the
initial (environmental) phase for this project, which was obligated. However,
soon thereafter, the CTC tabled all subsequent requests for STIP allocations due
to the state's budget shortfalls experienced in late 2002, and all discretionary
STIP funding for public projects were taken from local agencies. In consultation
with the Riverside County Transportation Commission (RCTC), local agencies
were given the opportunity to switch funding from STIP to Surface Transportation
Program (STP) federal funds, with the hope that STP funds would be made
available sooner than STIP funds from the state. This opportunity was realized,
and upon notification from RCTC that STP funds were available, staff submitted
a request for obligation of the remaining federal funding of the "preliminary
engineering" phase of this project to Caltrans.
RECOMMENDATION:
1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PROGRAM SUPPLEMENT AGREEMENT NO. M011 REV. 1 TO
ADMINISTERING AGENCY-STATE AGREEMENT NO. 08-5282 WITH
THE STATE OF CALIFORNIA, IN THE AMOUNT OF $253,000 ($190,000
RTEM M ._
City Council Staff Report
February 15. 2006 - Page 2
Program Supplement Agreement 011-M1
STP FEDERAL FUNDS / $63,000 REGIONAL MEASURE A FUNDS),
FOR THE GENE AUTRY TRAIL UNION PACIFIC RAILROAD BRIDGE
WIDENING, FEDERAL PROJECT RPMSTPL-5282(018), CITY PROJECT
01-04, 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 City of Palm Springs submitted a grant application in January 2001 to the
Riverside County Transportation Commission (RCTC) for discretionary State
Transportation Improvement Program (STIP) federal funds for the widening of
Gene Autry Trail from 2 to 6 lanes from the Whitewater River to Salvia
Road/Micro Place (to match proposed improvements at the Interstate 10
Interchange). The grant process was competitive throughout Riverside County,
and the City's application was approved, earmarking $1,842,000 in STIP federal
funds to this project. The local match of $789,000 for this project was allocated
from Regional Measure A funding, made available through a Reimbursement
Agreement between the City and the Coachella Valley Association of
Governments (CVAG).
In July 2002, staff submitted to the California Transportation Commission (CTC)
a request for funding allocation of $99,153 in federal STIP funds for the initial
phase of this project (preliminary planning and environmental approvals), which
was subsequently approved. Soon thereafter, the CTC tabled all further requests
for discretionary STIP funding, and by November 2002, the state of California
stripped all discretionary STIP funds from local agencies in an effort to balance
the state's budget. Since that time, all public projects that had been funded with
STIP funds have languished, or have been funded with other sources of revenue.
RCTC offered a compromise, and asked local agencies to consider switching
funding of projects that had discretionary STIP funds with Surface Transportation
Program (STP) federal funds, with the hope that STP funds would be made
available sooner than STIP funds from the state. That hope has been realized,
and RCTC advised City staff in March 2005 that there were unallocated STP
funds available for public projects in Riverside County. Accordingly, staff
submitted a request to obligate the remaining federal funding for the preliminary
engineering (PE) phase for this project to Caltrans on September 14, 2005. On
January 19, 2006, staff was notified that the request for obligation of the
remaining PE phase funds had been approved by the Federal Highway
Administration (FHWA).
The City operates under a "Master Agreement" with the state of California,
identified as the "Administering Agency — State Agreement No. 08-5282" 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
City Council Staff Report
February 15, 2006 - Page 3
Program Supplement Agreement 011-M1
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.
Previously, City Council approved Program Supplement Agreement No. 011-M
with the state of California for use of the initial $99,153 in federal STIP funds.
The attached Program Supplement Agreement No. 011-M1 is a revision to the
previous Supplement Agreement to facilitate the use of federal STP funds, which
are a different funding type and require the formality of a revised Supplement
Agreement.
FISCAL IMPACT: Finance Director Review:
Approval of the Program Supplement Agreement obligates, and makes available,
an additional $190,000 of STP federal funds for this project.
C.✓ �, `�]/�1f✓�i1��7.��0�Y�1 5 a�_�!J"dL.J
David J. Barakian Thomas J. Wi�On
Director of Public Works/City Engineer Assistant City Manager
David H. Ready ,
City Manager
ATTACHMENTS:
1. Program Supplement Agreement
2. Resolution
ATTACHMENT
PROGRAM SUPPLEMENT AGREEMENT
PROGRAM SUPPLEMENT NO. M011 Rev. 1 Date:January 30,2006
to Location:08-RIV-0-PSP
ADMINISTERING AGENCY-STATE AGREEMENT Project Number.RPMSTPL-5282(018)
FOR FEDERAL-AID PROJECTS NO. 08-5282 E.A. Number:08-412444
This Program Supplement hereby incorporates the Administering Agency-State Agreement for Federal Aid which was entered into
between the Administering Agency and the State on 03/18/98 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 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:
on Gene Autry Trail from Whitewater River Wash to the Interstate 10 interchange
TYPE OF WORK:bridge and roadway connector widening LENGTH: 0.3(MILES)
Estimated Cost Federal Funds Matching Funds
H240 $190,000.00 LOCAL SB45 STATE OTHER
$413,000.00 RPBO $99,153.00 $111,000.00 $12,847.00 $0.00
CITY 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 certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Offices' j 7 'j`� ��_ Date j ��'� $302,000.00
Chapter StaLtutes w Item Year rogram Be Category Fund Source AMOUNT
106 2001 2660-101-890 2001-2002 20.30.600.620 S 262042 892-F 6,197.00
106 2001 2660-101-042 2001-2002 20.30.600.620 S 262042 042-T 803.00
379 2002 2660-101-890 2002-2003 20.30.600.620 S 262042 892-F 92,956.00
379 2002 2660-101-042 2002-2003 20.30.600.620 S 262042 042-T 12,044.00
38 2005 2660-102-890 2005-2006 20.30.010.810 C 262040 892-F 190,000.00
Program Supplement 08-5282-M011-Rl ISTF.A Page 1 of 7
08-RfV-0-PSP O1/30/2006
RPMSTPL-5282(018)
SPECIAL COVENANTS OR REMARKS
1. The ADMINISTERING AGENCY will advertise, award and administer
this project in accordance with the most current published Local
Assistance Procedures Manual.
2. 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.
3. This PROJECT is programmed to receive funding from the State
Transportation Improvement Program (STIP) . 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.
The start of reimbursable expenditures is restricted to the later
of either 1) the effective date of the Master Agreement, 2)the
effective date of the PROGRAM SUPPLEMENT, or 3)the effective date
of the component specific allocation.
4. STATE and ADMINISTERING AGENCY agree that additional funds made
available by future allocations will be encumbered on this
PROJECT by use of a STATE approved Allocation Letter and 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.
5. This PROJECT is subject to the timely use of funds provisions
enacted by Senate Bill 45 (SB 45) , approved in 1997, and
subsequent CTC guidelines and State procedures approved by the
CTC and STATE, as outlined below:
Fends allocated for the environmental & permits, plan
specifications & estimate, and right-of-way components are
available for expenditure until the end of the second fiscal year
Program Supplement08-5282-=11-R1 ISTEA Page 2 of 7
08-RYV-0-PSP O1/30/2006
RPMSTPL-5282(018)
SPECIAL COVENANTS OR REMARKS
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 12 months of the
construction fund allocation and complete the construction or
vehicle purchase contract within 36 months of award.
6. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may
approve supplementary allocations, time extensions, and fund
transfers between components. An approved time extension will
revise the timely use of funds criteria, outlined above, 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 for approved supplementary allocations, time
extensions, and fund transfers between components, will be a
STATE approved Allocation Letter, Fund Transfer Letter, Time
Extension Letter, and Finance Letter, as appropriate.
7. This PROJECT will be administered in accordance with the CTC STIP
guidelines, as adopted or amended, and the STATE Procedures for
Administering Local Grant Projects in the State Transportation
Improvement Program (STIP) , the Local Assistance Program
Guidelines, and the Local Assistance Procedures Manual. The
submittal of invoices for project costs shall be in accordance
with the above referenced publications and the following.
8. The ADMINISTERING AGENCY shall invoice STATE for environmental &
permits, plans specifications & estimate, 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 to make the final payment
to the contractor and prepare the final Report of Expenditures
and final invoice, and submit to STATE for verification and
payment.
9. All obligations of STATE under the terms of this Agreement are
subject to the appropriation of resources by the Legislature and
Program Supplement08-5282-MO11-R1 ISTEA Page 3 of 7 -
08-RTV-0-PSP 01/30/2006
RPMSTPL-52'82(018)
SPECIAL COVENANTS OR REMARKS
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.
10. '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 & Research. OMB A-133 superseded 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.
11. 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.
12. Award information shall be submitted by the ADMINISTERING AGENCY
to the District Local Assistance Engineer immediately 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
and LPP 01-06.
13. STATE and ADMINISTERING AGENCY agree that any additional funds
which might be made available for new phase(s) of work by future
Program Supplement 08-5282-M011-Rl ISTEA Page 4 of 7
08-RIV-0-PSP 01/30/2006
RPMSTPL-5282(018)
SPECIAL COVENANTS OR REMARKS
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.
14. The ADMINISTERING AGENCY will reimburse the STATE for the
ADMINISTERING AGENCY share of costs for work requested to be
performed by the STATE.
15. 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) .
16. 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
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
Program Supplement 08-5282-M011-Rl ISTEA Page 5 of 7
08-RIV-0-PSP 01/30/2006
RPMSTPL-5282(018)
SPECIAL COVENANTS OR REMARKS
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.
17. "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. "
18. 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 CFE
Part 26 to ensure nondiscrimination in the award and
administration of DOT -assisted contracts. The Administering
Agency's DBE Program, as required by 49 CFE Part 26 and as
approved by Caltrans, 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 program, 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 es seq. ) .
19. Balling Cycle
ADMINISTERING AGENCY agrees to submit invoices in arrears for
reimbursement of participating PROJECT costs at least once every
sax months commencing after the funds are encumbered for each
phase by the execution of this PROJECT PROGRAM SUPPLEMENT or by
STATE's future approval of an applicable Finance Letter. The-
total of all invoiced amounts claimed, plus any required matching
funds, must not exceed the actual total cost allowable under this
PROGRAM SUPPLEMENT for all authorized and completed PROJECT
engineering work, right of way acquisition, and construction.
Program Supplement08-5282-MO11-R1 ISTEA Page 6 of 7
08-RIV-0-PSP 01/30/2006
RPMSTPL-5282(018)
SPECIAL COVENANTS OR REMARKS
If no costs have been invoiced for a six-month period,
ADMINISTERING AGENCY shall submit a written explanation (with
target billing date and target billing amount) of the absence of
PROJECT activity.
Should ADMINSTERING AGENCY fail to invoice for participating
PROJECT costs incurred (including a written explanation when no
invoice is submitted) within one year of the issuance of the
PROJECT authorization to proceed by STATE or from the next
invoice due date following the last PROJECT invoice, STATE may
de-obligate and reassign to another party any unexpended Federal
funds without notice to ADMINSTERING AGENCY. STATE may also not
process any future request for authorization to proceed submitted
by the ADMINSTERING AGENCY.
Final Billing
ADMINISTERING AGENCY agrees that it shall submit the Final
Invoice and Final Detail Estimate within 180 days of PROJECT
completion. ADMINISTERING AGENCY's failure to submit these
documents will result in sanctions imposed upon ADMINISTERING
AGENCY by STATE in accordance with Chapter 17.6, "Consequences
For Non-Compliance", of the Local Assistance Procedures Manual.
De-obligate Federal Funds for Construction Phase
ADMINISTERING AGENCY agrees that if the estimated PROJECT
construction cost is less than the obligated amount for
construction by more than $50,000, that excess amount of federal
funds initially obligated is subject to de-obligation by STATE
once the project has been awarded by ADMINSTERING AGENCY.
Program Supplement08-5282-M011-Rl ISTEA Page 7 of 7
RESOLUTION NO,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM
SUPPLEMENT AGREEMENT NO. M011 REV. 1 TO
ADMINISTERING AGENCY-STATE AGREEMENT NO. 08-
5282 WITH THE STATE OF CALIFORNIA, IN THE
AMOUNT OF $253,000 ($190,000 STP FEDERAL FUNDS /
$63,000 REGIONAL MEASURE A FUNDS), FOR THE
GENE AUTRY TRAIL UNION PACIFIC RAILROAD BRIDGE
WIDENING, FEDERAL PROJECT RPMSTPL-5282(018),
CITY PROJECT 01-04, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT ON BEHALF
OF THE CITY OF PALM SPRINGS
WHEREAS, the City of Palm Springs applied for 2000 discretionary State
Transportation Improvement Program (STIP) federal funds through a call for projects
initiated by the Riverside County Transportation Commission (RCTC) for the widening
of Indian Canyon Drive through the Whitewater River; and
WHEREAS, RCTC reviewed and approved the City's application for STIP funding in the
amount of $1,842,000 for the widening of Gene Autry Trail from the Whitewater River
Wash to the Interstate 10 Interchange; and
WHEREAS, the state of California budget crisis that occurred in the 2002/2003 and
subsequent fiscal years required the use of discretionary STIP funds awarded to local
projects in balancing the state's budget; and
WHEREAS, RCTC allowed local agencies the opportunity to use Surface
Transportation Program (STP) federal funds, when available, for projects that had
previously been awarded STIP funding; and
WHEREAS, the City of Palm Springs requested that STP funding be used in place of
STIP funding for the Gene Autry Trail project; and
WHEREAS, the 2004 Regional Transportation Improvement Plan (RTIP) was amended
to reflect the use of STP funds; and
WHEREAS, the City of Palm Springs has submitted to the California Department of
Transportation a request for obligation of remaining preliminary engineering phase
funds, requiring obligation of $190,000 of STP funds; and
WHEREAS, the California Department of Transportation has prepared Program
Supplement Agreement No. 011-M1, an amendment to administering Agency-State
Agreement No. 08-5282 with the state of California, obligating $190,000 of STP funds
Resolution No.
Page 2
for the widening of Gene Autry Trail from the Whitewater River Wash to the Interstate
10 Interchange.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. Program Supplement Agreement No. 011-M1, an amendment to
administering Agency-State Agreement No. 08-5282 with the state of California,
obligating $190,000 of STP funds for the widening of Gene Autry Trail from the
Whitewater River Wash to the Interstate 10 Interchange, is approved.
SECTION 2. The City Manager is authorized to execute and administer the Program
Supplement Agreement as may be necessary.
ADOPTED THIS 15th day of February, 2006.
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 February 15, 2006, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California