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Home My WebLink About10/15/2008 - STAFF REPORTS - 2.J. �QpLM Sp O 4�y rt N n ��boxn.na'M cQtip Vt gyp• City Council Staff Repo October 15, 2008 CONSENT CALENDAR Subject: APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. 026-N, WITH THE STATE OF CALIFORNIA FOR USE OF HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) FEDERAL-AID FUNDS FOR THE INDIAN CANYON DRIVE AT TAMARISK ROAD TRAFFIC SIGNAL, FEDERAL-AID PROJECT NO. HSIPL-5282(028) From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY Approval of Program Supplement Agreement No. 026-N will formally authorize the reimbursement of up to $217,800 in federal-aid funds for the construction phase of the Indian Canyon Drive at Tamarisk Road Traffic Signal Installation project (City Project 06-12), Federal Aid Project No. HSIPL-5282(028). RECOMMENDATION: 1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 026-N TO ADMINISTERING AGENCY- STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $242,000 ($217,800 HSIP FEDERAL FUNDS 1 $24,200 MEASURE A FUNDS), FOR THE INDIAN CANYON DRIVE AT TAMARISK ROAD TRAFFIC SIGNAL INSTALLATION, CITY PROJECT NO. 06-12, FEDERAL-AID PROJECT N0. HSIPL-5282(028), 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 received $217,800 in HSIP federal-aid funds to install a new traffic signal at the Indian Canyon Drive /Tamarisk Road intersection. Item No. 2 * J • City Council Staff Report October 15, 2008 - Page 2 Program Supplement Agreement No. 026-N 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 HSIP federal funds, Caltrans has submitted to the City for approval Program Supplement Agreement No. 026-N, which will facilitate the City's use of federal funds for this project. FISCAL IMPACT. Approval of Program Supplement Agreement No. 026-N with Caltrans will formally authorize the disbursement and use of up to $217,800 in federal-aid funds for the Indian Canyon Drive at Tamarisk Road Traffic Signal Installation project (City Project 06-12), Federal Aid Project No. HSIPL-5282(028). Submitted: David J. Barakian Thomas J. Wilson Director of Public Works/City Engineer Assistant City Manager Approved: David H. Ready City Manager ATTACHMENTS: 1. Program Supplement Agreement No. 026-N 2. Resolution - �LG PROGRAM SUPPLEMENT NO. N026 Date:September 29,2008 to Location:08-RIV-0-PSP ADMINISTERING AGENCY-STATE AGREEMENT Project Number:HSIPL-5282(028) FOR FEDERAL-AID PROJECTS No. 08-5282R E_A, Number:08-925040 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 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 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 sedorth on the following pages. PROTECT LOCATION: Intersection of Indian Canyon Drive and Tamarisk Road TYPE OF WORF:New signals LENGTH: 0.1 (MILES) Estimated Cost Federal Funds Matching Funds LS30 $217,800.00 LOCAL OTHER $242,000.00 S24,200.00 S0.00 $0.00 CITY OF PALM SPRINGS STATE OF CALXFORNIA Department of Transportation Sy By Chief, Office of Project Implementation Date Division of X.OPaI Assistance Attest Date Title I hereby certify upon my persona knowieago that�fbruuagyotod £undo are availa7blc £oz tCh�ig eneum6rxace: Accounting Officer V1 �tL1L "� ` Date 6 � oo $217,800.00 Chaptat Statutes Item Year Pregra so Category Fund Source AMOUM 171 2007 2660-102-890 2007-2008 20 30.010.530 C 255020 892-F 217,800,00 Program Supplement 08-5282R-NO26- ISTEA Page I�1o�f� 3 08-RIV-0-P5P 10/02/2008 HSIPL-5282(028) 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. 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 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). 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. Ail 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($) 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 reimbursed only out of available funding that might be encumbered in the subsequent fiscal year, and then only when those funds Program Supplement 08-5282R-N026-ISTEA Page 2 of 3 - 0C 08-RIV-0-PSP 10/02/2008 HSIPL-5282(028) SPECIAL COVENANTS OR REMARKS are actually allocated and encumbered as authorized by the California Transportation Commission and the Department's Accounting Office. 5• 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, 6• 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 Administrating 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.). Program Supplement 08-5282R-N026- ISTEA Page 3 ot.3� RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 026-N TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $242,000 ($217,800 HSIP FEDERAL FUNDS / $24,200 MEASURE A FUNDS), FOR THE INDIAN CANYON DRIVE AT TAMARISK ROAD TRAFFIC SIGNAL INSTALLATION, CITY PROJECT NO. 06-12, FEDERAL-AID PROJECT NO. HSIPL-5282(028), 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 construction of a new traffic signal at the intersection of Indian Canyon Drive and Tamarisk Road, requiring obligation of$217,800 of HSIP federal-aid funds; and WHEREAS, the California Department of Transportation has prepared Program Supplement Agreement No. 026-N, an amendment to administering Agency-State Agreement No. 08-5282R with the state of California, obligating $217,800 of HSIP federal-aid funds for the Indian Canyon Drive at Tamarisk Road Traffic Signal Installation project (City Project 06-12), Federal Aid Project No. HSIPL-5282(028). THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Program Supplement Agreement No. 026-N, an amendment to administering Agency-State Agreement No. 08-5282R with the state of California, obligating $217,800 of HSIP federal-aid funds for the Indian Canyon Drive at Tamarisk Road Traffic Signal Installation project (City Project 06-12), Federal Aid Project No. HSIPL-5282(028), 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 October, 2008. 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 October 15, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California _ __ 017