HomeMy WebLinkAboutC34290A - Portola Ave STP Rehab 672-13 - Supplmnt 011-NContract No. C34290
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: APPROVE PROGRAM SUPPLEMENT AGREEMENT NO. 011-N
FOR FEDERAL AID FUNDS BETWEEN THE CITY OF PALM
DESERT AND THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION FOR THE CONSTRUCTION OF THE
PORTOLA AVENUE STP REHAB PROJECT (CONTRACT NO.
C34290; PROJECT NO. 672-13)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
DATE: November 12, 2015
CONTENTS: Letter from California Department of Transportation
Program Supplement Agreement No. 011-N
Recommendation
By Minute Motion:
Approve Program Supplement Agreement No. 011-N between the
City of Palm Desert and the State of California Department of
Transportation (Caltrans) for the construction of the Portola Avenue
STP Rehab Project (Contract No. C34290; Project No. 672-13); and
2. Authorize the Mayor to execute same.
Background
The City of Palm Desert has applied for and received Federal Aid funding to rehabilitate
Portola Avenue between Country Club Drive and Desert Willow Court. The funding
program is called the Surface Transportation Program (STP). All the documentation
has been submitted and on August 20, 2015, Caltrans issued the Authorization to
Proceed with construction. This allows the City to advertise the project for bids.
A Program Supplement Agreement is required for each Federal Aid project that goes to
construction. The Program Supplement Agreement outlines the overall parameters for
the federal funding the City will receive from Caltrans for the construction work specific
to this project. The total project cost is estimated to be $723,500 and this agreement
provides for STP funding in the amount of $335,505. Therefore, the City's net cost is an
estimated $387,995.
Staff Report
Approve City -State Program Supplement Agreement 011-N
Page 2 of 2
November 12, 2015
The purpose of this project is to rehabilitate the street surface to provide a smoother
ride and extend the life of the road. The construction will use the CIR process to recycle
the top three inches of the existing street into a base layer of pavement. This will
eliminate all the cracks within the base course. The street will be capped with a two
inch layer of rubberized asphalt. The City has received a grant from CalRecycle to fund
$10 per ton of rubberized asphalt used. An estimated $29,000 will be reimbursed for
this project.
Fiscal Analysis
Approval of this agreement will allow the City to receive Federal STP funds for the
Portola Avenue STP Rehab project. The total project cost, which is estimated to be
$723,500, must initially be paid by the City. Upon completion of the project, an invoice
will be submitted to Caltrans for reimbursement of $335,505 resulting in a net cost to the
City of $387,995. If the actual cost of the project exceeds the estimate, the additional
amount will be paid for by the City. If the project cost is less than the estimate, the
City's cost will remain the same, and the STP funds will cover the remainder.
Prepared By: Depa e t ead:
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Ryan yler, P fjp
t Administrator Mark G e wood, P. P.
Directo of Public Works
Paul S. Gibson, Director of Finance
N
hn M. Wohlmuth, City Manager
G'\PubWorks\Staff Reports\2015\November 12\04 Approve Program Supplement Agreement 011-N for Portola Ave STP Rehab P967-05\SR Approve Program Supplement
Agreement672-13.doc
STATE OF CALIFORNIA - CALIFORNIA STATE TRANSPORTATION AGENCY
DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874. MS# 1
Sacramento, CA 94274-0001
TTY 711
(916) 654-3883
Fax (916) 654-2408
October 19, 2015
Mr. Mark Greenwood
Director of Public Works/City Engineer
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Dear Mr. Greenwood:
EDMUND G. BROWN Jr., Governor
_r '
File: 08-RIV-0-PDST
STPL-5414(012)
Portola Avenue from Country Club
Drive to 100 feet north of Desert
Willow Court
Enclosed are two originals of the Program Supplement Agreement No. 011-N to Administering Agency -State
Agreement No. 08-5414R and an approved Finance Letter for the subject project. Please retain the signed Finance
Letter for your records.
Please note that federal funding will be lost If you proceed with future phase(s) of the project prior to getting
the "Authorization to Proceed" with that phase.
Please review the covenants and sign both copies of this Agreement and return both to this office, Office of Project
Implementation - MS1 within 90 days from the receipt of this letter. If the signed Agreements are not received back in
this office within 90 days, funds will be disencumbered and/or deobligated. Alterations should not be made to the
agreement language or funding. ATTACH YOUR LOCAL AGENCY'S CERTIFIED AUTHORIZING RESOLUTION
THAT CLEARLY IDENTIFIES THE PROJECT AND THE OFFICIAL AUTHORIZED TO EXECUTE THE AGREEMENT.
A fully executed copy of the agreement will be returned to you upon ratification by Caltrans. No invoices for
reimbursement can be processed until the agreement is fully executed.
The State budget authority supporting the encumbered funds is only available for liquidation up to specific deadlines.
These deadlines are shown on the attached Finance letter as the "Reversion Date". Please ensure that your invoices
are submitted at least 60 days prior to the reversion date to avoid any lapse of funds. If your agency is unable to seek
reimbursement by this date you may request an extension through a Cooperative Work Agreement (CWA). A CWA is
subject to the final approval of the State Department of Finance. If approved, the CWA may extend the deadline for up
to two years.
Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer.
Sincerely,
A�4�
JOHN HOOLE, Chief
Office of Project Implementation - South
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(08) DLAE - Sean Yeung
PROGRAM SUPPLEMENT NO. N011 Adv Project ID Date: October 6, 2015
to 0814000082 Location: 08-RIV-0-POST
ADMINISTERING AGENCY -STATE AGREEMENT Project Number. STPL-5414(012)
FOR FEDERAL -AID PROJECTS NO 08-5414R E.A. Number: 08-925141
Locode: 5414
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 05/11/09 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:
Portola Avenue from Country Club Drive to 100 feet north of Desert Willow Court
TYPE OF WORK: Road rehabilitation LENGTH: 0.6(MILES)
Estimated Cost _ Federal Funds I _ Matching Funds
M23E $335,505.00 LOCAL I OTHER
I
$723,500.00 $387,995.00: $0.00
I
CITY OF PALM DESERT STATE OF CALIFORNIA
Department of Transportation
By-___
By
Title — _ Chief, Office of Project Implementation
Division of Local Assistance
Date ----
Date -- --- ----- - - --
Attest
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer AIJA!-' -_ Date _- �0 �l0/S $335.505.00
Chapter j Statutes Item Year I Program BC I Category Fund Source AMOUNT
Program Supplement 08.5414R-N011- ISTEA Page 1 of 3
STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF (REV 012010)
Claims Audits
3301 "C" Street, Rm 404
Sacramento. CA 95816
FROM'.
Department of Transportation
SUBJECT
Encumbrance Document
VENDOR/LOCAL AGENCY
CITY OF PALM DESERT
$ 335,505.00
PROCUREMENT TYPE
Local Assistance
R/W Utilities (4E1/4SBVE1)
10/7/2015
REQUISITION NUMBER J CONTRACT NUMBER
RQS 081600000179
Page 1 of i
0814000082
ADA NotllFor individuals with sensory disaWfities, this document is available in alternate formats For.nformation, call (915) 654.6410 of TOO (916) -3880 or write
Records and Fortes Management, 1120 N. Street, MS•89, Sacramento, CA 95814
08-RIV,-O-PDST 10106/2015
STPL-5414(012)
SPECIAL COVENANTS OR REMARKS
1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
B. 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).
C. 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. Attention is directed to Section 15.7 "Award Package" of the Local Assistance
Procedures Manual.
D. 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 encumbrances 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.
E. 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
Program Supplement 08-5414R-N011- ISTEA Page 2 of 3
08-RIV-0-POST
STPL-5414(012)
10/06/2015
SPECIAL COVENANTS OR REMARKS
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.).
F. 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.
G. 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 Exclusion List. Exclusions can be
found at www.sam.gov.
H. STATE and ADMINISTERING AGENCY agree that any additional funds which are
made available for any new phase(s) of work by future Federal obligations will be
encumbered on this PROJECT by use of a Federal Highway Administration -approved
"Authorization to Proceed" (E-76) STATE Finance Letter. ADMINISTERING AGENCY
agrees that Federal funds available for reimbursement will be limited to the amounts
obligated by the Federal Highway Administration.
Program Supplement 08-5414R-N011- ISTEA Page 3 of 3