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City Council Staff Report
Date: July 6, 2011 CONSENT CALENDAR
Subject: APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. N035,
WITH THE STATE OF CALIFORNIA FOR USE OF HIGHWAY BRIDGE
PROGRAM (HBP) FEDERAL-AID FUNDS FOR THE VISTA CHINO LOW
WATER CROSSING BRIDGE REPLACEMENT AT THE WHITEWATER
RIVER, CITY PROJECT NO. 10-10, FEDERAL-AID PROJECT NO. BR-
NBIL (513)
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
Approval of Program Supplement Agreement No. N035 will formally authorize the
reimbursement of up to $885,300 in federal-aid funds for the Preliminary Engineering
(PE) phase of the Vista Chino Low Water Crossing Bridge Replacement at the
Whitewater River, (City Project 10-10), Federal Aid Project No. BR-NBIL (513).
RECOMMENDATION:
1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA APPROVING PROGRAM
SUPPLEMENT AGREEMENT NO. N035 TO ADMINISTERING AGENCY-
STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH
THE STATE OF CALIFORNIA, IN THE AMOUNT OF $885,300, FOR THE
VISTA CHINO LOW WATER CROSSING BRIDGE REPLACEMENT AT THE
WHITEWATER RIVER, CITY PROJECT NO. 10-10, FEDERAL-AID PROJECT
NO. BR-NBIL (513), 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:
For many years, the Public Works & Engineering Department has pursued federal
funding from the state of California Department of Transportation ("Caltrans") through its
Highway Bridge Program ("HBP") to design and construct a new bridge on Vista Chino
ITE!." `10.a -
City Council Staff Report
July 6, 2011 - Page 2
Program Supplement Agreement No N036
across the Whitewater River. The City has three "at-grade" crossings of the Whitewater
River on Indian Canyon Dr., Gene Autry Trail, and Vista Chino. Anytime there is a
storm event, the City is generally required to close one, two or all three of these critical
arterials into and out of the City, severely disrupting access in the western Coachella
Valley, especially emergency access to Desert Regional Medical Center.
The Coachella Valley Association of Governments ("CVAG") recently adopted the 2010
Update to the Transportation Project Prioritization Study ("TPPS"). The TPPS identifies
the estimated costs to construct all-weather bridge crossings in Palm Springs as
follows:
Indian Canyon Drive: $166,270,000
Gene Autry Trail: $225,682,800
Vista Chino: $68,638,500
As the cost implications to the City and CVAG are in excess of $450 Million to construct
all-weather bridge crossings at these locations, staff have primarily focused on securing
federal funding for construction of a new bridge on Vista Chino, which has the shortest
length (1/2 mile) across the Whitewater River.
After many years of effort, the Public Works & Engineering Department has been
successful in having Caltrans program $1,000,000 in the HBP for the Preliminary
Engineering ("PE") Phase to initiate environmental studies and preliminary design for a
new Vista Chino bridge.
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-aid
funds on City projects. The Master Agreement is amended by each successive use of
federal funds on a project, and upon 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 PE phase of this project using
federal HBP funds, Caltrans has submitted to the City for approval Program Supplement
Agreement No. N035, which will facilitate the City's use of federal funds for this project.
FISCAL IMPACT:
Approval of Program Supplement Agreement No. N035 with Caltrans will formally
authorize the disbursement and use of up to $885,300 in federal-aid funds for the PE
phase of the Vista Chino Low Water Crossing Bridge Replacement at the Whitewater
River, (City Project 10-10), Federal Aid Project No. BR-NBIL (513).
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City Council Staff Report
July 6, 2011 -Page 3
Program Supplement Agreement No, N035
SUBMITTED:
Prepared by: Recommended by:
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Marcus L. Fuller David J. Barakian
Assistant Director of Public Works Director of Public Works/City Engineer
Approved by:
Thomas J. Wilson, sst. City Manager David H. Ready, City ger
ATTACHMENTS:
1. Program Supplement Agreement No. N035
2. Resolution
ti J
PROGRAM SUPPLEMENT NO. N035 Date: June 6,2011
to Location: 08-RIV-0-PSP
ADMINISTERING AGENCY-STATE AGREEMENT Project Number: BR-NBIL(513)
FOR FEDERAL-AID PROJECTS NO 08-5282R +'� _� 'r 4 E Aer: ;_� .;� , . 4
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:
Vista Chino Road, east of Gene Autry Trail, at Whitewater River
TYPE OF WORK: Replace 4-lane low water crossing with a 4-lane bridge LENGTH: 0.0(MILES)
Estimated Cost Federal Funds _ Matching Funds
L10E $885,300.00 LOCAL OTHER
$1,000,000.00. $114,700.0d $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
hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer i� tiu z c « _ =-c_ Date I I $885.300.00
Chapter Statutes Item Year Program BC Category Fund Source AMOUNT
Program Supplement 08-5282R-N035-ISTEA Page 1 of 3 04
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF(REV 01!2010)
Page_1_of_1_
TO STATE CONTROLLER'S OFFICE DATE PREPARED PROJECT NUMBER
Claims Audits 6/6/2011 08-0002-0452
3301 "C"Street,Rm 404 REQUISITION NUMBER i CONTRACT NUMBER
Sacramento,CA 95816 080000000875
FROM
Department of Transportation
SUBJECT
Encumbrance Document
VENDOR/ LOCAL AGENCY
CITY OF PALM SPRINGS
CONTRACT AMOUNT
$885,300.00
PROCUREMENTTYPE
Local Assistance
CHAPTER STATUTES ITEM YEAR PEG/PECT TASK/SUBTASK AMOUNT
712 2010 2660-102-890 2010-2011 20.30.010.300 2240/0600 $885,300.00
ADA NOtll For individuals with sensory disabilities,this document is available in alternate formats For information,call(915)654-6410 of TDD(916)-3880 or wnte
Records and Forms Management,1120 N Street,MS-89,Sacramento,CA 95814
� J J
08-RIV-0-PSP 06/06/2011
BR-NBIL(513)
SPECIAL COVENANTS OR REMARKS
1. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
2. 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).
3. 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.
4. 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 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
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.0 3801 et
seq.).
6. As a condition for receiving federal-aid highway funds for the PROJECT, the
Program Supplement 08-5282R-N035-ISTEA Page 2 of 3 U
08-RIV-0-PS P 06/06/2011
BR-NBIL(513)
SPECIAL COVENANTS OR REMARKS
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).
6- 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.
7 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.
Program Supplement 08-5282R-N035-ISTEA Page 3 of 3 C (
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA APPROVING PROGRAM
SUPPLEMENT AGREEMENT NO. N035 TO
ADMINISTERING AGENCY-STATE AGREEMENT FOR
FEDERAL-AID PROJECTS NO. 08-5282R WITH THE
STATE OF CALIFORNIA, IN THE AMOUNT OF $885,300,
FOR THE VISTA CHINO LOW WATER CROSSING
BRIDGE REPLACEMENT AT THE WHITEWATER RIVER,
CITY PROJECT NO. 10-10, FEDERAL-AID PROJECT NO.
BR-NBIL (513), 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
phase of the Vista Chino Low Water Crossing Bridge Replacement at the Whitewater
River, (City Project 10-10), requiring obligation of $885,300 of Highway Bridge Program
("HBP") federal-aid funds; and
WHEREAS, the California Department of Transportation has prepared Program
Supplement Agreement No. N035 to administering Agency-State Agreement No. 08-
5282R with the state of California, obligating $885,300 of HBP federal-aid funds for the
Vista Chino Low Water Crossing Bridge Replacement at the Whitewater River, (City
Project 10-10), Federal Aid Project No. BR-NBIL (513).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. Program Supplement Agreement No. N035 to administering Agency-State
Agreement No. 08-5282R with the state of California, obligating $885,300 of HBP
federal-aid funds for the Vista Chino Low Water Crossing Bridge Replacement at the
Whitewater River, (City Project 10-10), Federal Aid Project No. BR-NBIL (513), is
approved.
SECTION 2. The City Manager is authorized to execute and administer the Program
Supplement Agreement as may be necessary.
08
Resolution No.
Page 2
ADOPTED THIS 6th day of July, 2011.
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 July 6, 2011, by the following
vote:
AYES-
NOES-
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California