HomeMy WebLinkAbout12/15/2010 - STAFF REPORTS - 2.G. V IU M S,*
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1FOR P City Council Staff Report
Date: December 15, 2010 CONSENT CALENDAR
Subject: APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. 030-N,
;WITH THE STATE OF CALIFORNIA FOR USE OF AMERICAN
REINVESTMENT AND RECOVERY ACT OF 2009 (ESPL) AND
SAFETEA-LU HIGH PRIORITY PROJECT (HPLU) FEDERAL-AID
FUNDS FOR THE INDIAN CANYON DRIVE AT INTERSTATE 10
INTERCHANGE, CITY PROJECT NO. 00-14, FEDERAL-AID PROJECT
NO. ESPLHPLU-5282(034)
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
Approval of Program Supplement Agreement No. 030-N will formally authorize the
reimbursement of up to $7,497,280 in federal-aid funds for the construction phase of the
Indian Canyon Drive at Interstate 10 Interchange Project (City Project 00-14), Federal
Aid Project No. ESPLHPLU-5282 (034).
RECOMMENDATION:
1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA APPROVING PROGRAM
SUPPLEMENT AGREEMENT NO. 030-N TO ADMINISTERING AGENCY-
STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH
THE STATE OF CALIFORNIA, IN THE AMOUNT OF $7,497,280, FOR THE
INDIAN CANYON DRIVE AT INTERSTATE 10 INTERCHANGE, CITY
PROJECT NO. 00-14, FEDERAL-AID PROJECT NO. ESPLHPLU-5282 (034),
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.
ITE'Moe NO. 'Z
City Council Staff Report
December 15, 2010- Page 2
Program Supplement Agreement No. 030-N
STAFF ANALYSIS:
The City received $5,517,500 in American Reinvestment and Recovery Act of 2009
("ARRA") federal-aid funds, and $1,979,781 in SAFETEA-LU High Priority Project
("HPLU") federal-aid funds to construct the Indian Canyon Drive at Interstate 10
Interchange 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 and HPLU federal funds, Caltrans has submitted to the City for approval Program
Supplement Agreement No. 030-N, which will facilitate the City's use of federal funds for
this project.
FISCAL IMPACT:
Approval of Program Supplement Agreement No. 030-N with Caltrans will formally
authorize the disbursement and use of up to $7,497,280 in federal-aid funds for the
construction phase of the Indian Canyon Drive at Interstate 10 Interchange Project (City
Project 00-14), Federal Aid Project No. ESPLHPLU-5282 (034).
Prepared by: Recommended by:
rcus L. Fuller David J. Barakian
Assistant Director of Public Works Director of Public Works/City Engineer
Approved by:
Thomas J. Wilson, Asst. City Manager David H. Ready, ager
ATTACHMENTS:
1. Program Supplement Agreement No. 030-N
2. Resolution
1
ATTACHMENT 1
PROGRAM SUPPLEMENT AGREEMENT NO. 030-N
IROGRAM SUPPLEMENT NO. N030 Date:April 23, 2010
to Location:08-RIV-I0-PSI'
ADMINISTERING AGENCY-STATE AGREEMENT Project Number:ESP LHPLU-5282(034)
'OR FEDERAL-AID PROJECTS NO. 08-5282R
E.A. Numbex:08-455704
his Program Supplement hereby incorporates the Administering Agency-State Agreement for Federal Aid which was entered into
etween the Administering Agency and the State on 02/07/07 and is subject to all the terms and conditions thereof. This Program
upplemcnt 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).
he Administering Agency further stipulates that as a condition to the payment by State of any funds derived from sources noted
zlow obligated to this project, the Administering Agency accepts and will comply with the Special covenants or Remarks setforth
n the following pages.
ROJECT LOCATION:
►N I-10 AT INDIAN CANYON AVE INTERCHANGE
YPE OF WORK: Roadway Widening(IC MODIFICATION) LENGTH: O(MILES)
Estimated Cost Federal Funds Matching Funds
C240 $5,517,500.00 LOCAL Other Fund State
$27,761,790.00 HY10 $376,408.00 $5,207,404,00 $1,401,106.00 $13,656,000.00
LY10 $1,603,372.00
ITY OF PALM SPRINGS STATE OF CALIFORNIA
Department of Transportation
By By
Date Chief, Office of Project Implementation
Division of Local Assistance
ttest
Date
Title
hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
ccountin Officer /� �.. 1
J - .� Date '�.•' , .• $7,497,280.00
hapter Statutes Item Year Program BC Category Fund Source AMOUNT
2009 2660-102-890 2009-201.0 20.30.010.680 C 262042 892-F 1,979,780,00
68 2008 2660-603-890 2008-2009 20.30.010.810 F 262042 898-F 5,517,500.00
Program Supplement 08-5282R-N030- ISTEA Page 1 of 54
ESPLHPLU-5282(034)
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
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.
3. 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
phase.
Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures
Manual.
4. 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
Program Supplement 08-5282R-N030- ISTEA Page 2 of 4
ESPLHPLU-5282(034)
SPECIAL COVENANTS OR REMARKS
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.
5. 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.C. 3801 et
seq.).
6. 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).
7. 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:
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
Program Supplement 08-5282R-N030-ISTEA Page 3 of 4
ESPLHPLU 5282(034)
SPECIAL COVENANTS OR REMARKS
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.
8. This project is subject to a separate Cooperative Agreement between the
ADMINISTERING AGENCY and the State.
Program Supplement 08-5282R-N030-ISTEA Page 4 of 4 f
ATTACHMENT 2
RESOLUTION
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA APPROVING PROGRAM
SUPPLEMENT AGREEMENT NO. 030-N TO
ADMINISTERING AGENCY-STATE AGREEMENT FOR
FEDERAL-AID PROJECTS NO. 08-5282R WITH THE
STATE OF CALIFORNIA, IN THE AMOUNT OF $7,497,280,
FOR THE INDIAN CANYON DRIVE AT INTERSTATE 10
INTERCHANGE, CITY PROJECT NO. 00-14, FEDERAL-
AID PROJECT NO. ESPLHPLU-5282 (034), 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 at Interstate 10 Interchange Project (City Project 00-14), requiring
obligation of$5,517,500 of American Reinvestment and Recovery Act of 2009 ("ARRA")
federal-aid funds, and $1,979,781 of SAFETEA-LU High Priority Project ("HPLU")
federal-aid funds; and
WHEREAS, the California Department of Transportation has prepared Program
Supplement Agreement No. 030-N to administering Agency-State Agreement No. 08-
5282R with the state of California, obligating $5,517,500 of ARRA federal-aid funds and
$1,979,781 of HPLU federal-aid funds for the Indian Canyon Drive at Interstate 10
Interchange Project (City Project 00-14), Federal Aid Project No. ESPLHPLU-5282
(034).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. Program Supplement Agreement No. 030-N to administering Agency-
State Agreement No. 08-5282R with the state of California, obligating $5,517,500 of
ARRA federal-aid funds and $1,979,781 of HPLU federal-aid funds for the Indian
Canyon Drive at Interstate 10 Interchange Project (City Project 00-14), Federal Aid
Project No. ESPLHPLU-5282 (034), 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 15th day of December, 2010.
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 December 15, 2010, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
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