HomeMy WebLinkAbout5/4/2011 - STAFF REPORTS - 2I A.W,F A L M sA'P
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c41IF0TRL City Council Staff Re ort
Date: May 4, 2011 CONSENT CALENDAR
Subject: APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. M016
REV, 1, WITH THE STATE OF CALIFORNIA FOR USE OF SURFACE
TRANSPORTATION PROGRAM (STPLN) FEDERAL-AID FUNDS FOR
THE INDIAN CANYON DRIVE WIDENING, CITY PROJECT NO. 01-25,
FEDERAL-AID PROJECT NO. STPLN-5282 (023)
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
Approval of Program Supplement Agreement No. M016 Rev. 1 will formally authorize
the reimbursement of up to $1,936,000 in federal-aid funds for the construction phase of
the Indian Canyon Drive Widening (City Project 01-25), Federal Aid Project No. STPLN-
5282 (023).
RECOMMENDATION:
1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA APPROVING PROGRAM
SUPPLEMENT AGREEMENT NO. M016 REV. 1 TO ADMINISTERING
AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-
5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $1,936,000,
FOR THE INDIAN CANYON DRIVE WIDENING, CITY PROJECT NO. 01-25,
FEDERAL-AID PROJECT NO. STPLN-5282 (023), 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 2001 to the Riverside County
Transportation Commission (RCTC) for discretionary State Transportation Improvement
Program (STIP) federal funds for the widening of Indian Canyon Drive from 2 to 4 lanes
through the Whitewater River. The grant process was competitive throughout Riverside
ITEM NO. —��• -
City Council Staff Report
May 4, 2011 - Page 2
Program Supplement Agreement No. MO16 Rev. 1
County, and the City's application was approved, earmarking $2,199,000 in STIP
federal funds to this project. The STIP funds were later taken by the state as part of its
efforts 10 years ago to balance its budget; however, RCTC replaced the lost STIP funds
with Surface Transportation Program (STPLN) funds. The local match for this project is
allocated from Regional Measure A funding, made available through a Reimbursement
Agreement subsequently approved by the City and the Coachella Valley Association of
Governments (CVAG). Of the original $2,199,000 STPLN federal grant, $1,936,000
remains available for construction (prior funds were used for the environmental and
design phases).
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 "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
STPLN federal funds, Caltrans has submitted to the City for approval Program
Supplement Agreement No. M016 Rev. 1, which will facilitate the City's use of federal
funds for this project.
FISCAL IMPACT:
Approval of Program Supplement Agreement No. M016 Rev. 1 with Caltrans will
formally authorize the disbursement and use of up to $1,936,000 in federal-aid funds for
the construction phase of the Indian Canyon Drive Widening (City Project 01-25),
Federal Aid Project No. STPLN-5282 (023).
SUBMITTED:
Prepared by- Recommended by:
Marcus L. Fuller David J. Barakian
Assistant Director of Public Works Director of Public Works/City Engineer
Approved by-
Thomas J. Wills n, Asst. City Manager David H. Ready, Cit ger
ATTACHMENTS:
1. Program Supplement Agreement No. M016 Rev. 1
2. Resolution
2
PROGRAM SUPPLEMENT NO. M016 Rev. 1 Date: March 23, 2011
to ( Location: 08-RIV-0-PSP
ADMINISTERING AGENCY-STATE AGREEMENT Project Number: STPLN-5282(023)
FOR FEDERAL-AID PROJECTS NO 08-5282 E.A. Number:
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 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 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:
Indian Canyon Drive from Tramview Road to the U.P.R.R. Overhead (Br. No. 56C-0025) near Garnet
TYPE OF WORK: Roadway widening from 2 to 4 lanes LENGTH: 2.0(MILES)
Estimated Cost
Federal Funds Matching Funds
H240 $263,0001.06t LOCAL OTHER
L230 $1,936,000.00
$3,550,402.00; $1,351,402.00! $0.00
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CITY OF PALM SPRINGS STATE OF CALIFORNIA
Department of Transportation
By By
Chief, Office of Project Implementation
Title Division of Local Assistance
Date
Date
Attest
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accountin Officer ...:.
Accounting Officer e C42_ m_ 7--.� Date w �2-,�f h./. $2.199.000.00
Chapter ! Statutes Item Year Program BC Category Fund Source AMOUNT
- - +
. .. - ----
Program Supplement 08-5282-M016-111-ISTEA 3
STATE OF CALIFORNIA,DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF(REV.0112010)
Page_1_of_1_
TO: STATE CONTROLLER'S OFFICE DATE PREPARED: PROJECT NUMBER:
Claims Audits 3/24/2011 08-0000-0160
3301 "C"Street,Rm 404 REQUISITION NUMBER!CONTRACT NUMBER:
Sacramento,CA 95816 080000000611
FROM:
Department of Transportation
SUBJECT,
Encumbrance Document
VENDOR/ LOCAL AGENCY:
CITY OF PALM SPRINGS
CONTRACT AMOUNT:
$1,936,000.00
PROCUREMENT TYPE:
Local Assistance
CHAPTER STATUTES ITEM YEAR PEC/PECT TASKlSUBTASK AMOUNT
712 2010 2660-102-890 2010-2011 20.30.010.810 2620/0400 $1,936,000.00
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 write
Records and Forms Management,1120 N.Street,MS-89,Sacramento,CA 95814,
STPLN-5282(023)
SPECIAL COVENANTS OR REMARKS
1- The ADMINISTERING AGENCY will reimburse the STATE for the ADMINISTERING
AGENCY share of costs for work requested to be performed by the STATE.
2. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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).
8. "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."
9. The Administering Agency shall not discriminate on the basis of race, religion, age,
Program Supplement 08-5282-M016-R1- ISTEA F 5
STPLN-5282(023)
SPECIAL COVENANTS OR REMARKS
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.C. 3801 et
seq.).
10. 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.
11. 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).
12. Award information shall be submitted by the ADMINISTERING AGENCY to the District
Local Assistance Engineer within 60 days of project contract award or with the submittal
of the ADMINISTERING AGENCY's first invoice for the construction contract, whichever
is earlier.
Failure to do so will cause a delay in the State processing invoices for the construction
Program Supplement 08.5282-M016-R1-ISTEA
STPLN-5282(023)
SPECIAL COVENANTS OR REMARKS
phase.
Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures
Manual.
13. 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.
Program Supplement 08-5282-M016-R1-ISTEA
ATTACHMENT 2
RESOLUTION
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA APPROVING PROGRAM
SUPPLEMENT AGREEMENT NO. M016 REV. 1 TO
ADMINISTERING AGENCY-STATE AGREEMENT FOR
FEDERAL-AID PROJECTS NO. 08-5282R WITH THE
STATE OF CALIFORNIA, IN THE AMOUNT OF $1,936,000,
FOR THE INDIAN CANYON DRIVE WIDENING, CITY
PROJECT NO. 01-25, FEDERAL-AID PROJECT NO.
STPLN-5282 (023), 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 phase of the
Indian Canyon Drive Widening (City Project 01-25), requiring obligation of $1,936,000 of
Surface Transportation Program ("STPLN") federal-aid funds; and
WHEREAS, the California Department of Transportation has prepared Program
Supplement Agreement No. M016 Rev. 1 to administering Agency-State Agreement No.
08-5282R with the state of California, obligating $1,936,000 of STPLN federal-aid funds
for the Indian Canyon Drive Widening (City Project 01-25), Federal Aid Project No.
STPLN-5282 (023).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. Program Supplement Agreement No. M016 Rev. 1 to administering
Agency-State Agreement No. 08-5282R with the state of California, obligating
$1,936,000 of STPLN federal-aid funds for the Indian Canyon Drive Widening (City
Project 01-25), Federal Aid Project No. STPLN-5282 (023), is approved.
SECTION 2. The City Manager is authorized to execute and administer the Program
Supplement Agreement as may be necessary.
9
Resolution No.
Page 2
ADOPTED THIS 4th day of May, 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 May 4, 2011, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
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