HomeMy WebLinkAboutC25730 Surface Transportation Program STP FundsREQUEST:
SUBMITTED BY:
DATE:
CONTENTS:
Recommendation:
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
Approve City of Palm Desert - Caltrans Program Supplement
Agreement No. 004-M for Surface Transportation Program (STP)
Funds for the Country Club Drive Pavement Rehabilitation
Improvements from Cook Street to Eldorado Drive
(City Project 646-06 -- Contract No. C25730)
Mark Greenwood, P.E., Director of Public Works
September 14, 2006
Program Supplement Agreement No. 004-M
Correspondence from California Department of Transportation
By minute motion, approve Program Supplement Agreement No. 004-M
between the City of Palm Desert and the State Department of
Transportation (Caltrans), and authorize the City Manager to execute
same (City Project No. 646-06 -- Contract No. C25730).
Discussion:
On January 14, 2005, the Riverside County Transportation Commission (RCTC) sent
out a call for projects. The federal government earmarked $15 million to the County of
Riverside for Surface Transportation Program rehabilitation projects. The City of Palm
Desert's portion of the $15 million totalled $372,685. The money is designated only for
construction costs associated with the street improvements.
The Public Works Department has identified Country Club Drive as a good candidate for
rehabilitation. The proposed improvements will resurface all four lanes between Cook
Street and Eldorado Drive. The road will be milled and paved with two inches of
rubberized asphalt concrete.
The Program Supplement Agreement outlines the overall parameters for any federal
funding the City will receive from the California Department of Transportation. The
attached agreement provides the lower of 53.64% or $372,685.00 toward the
construction costs associated with the Country Club Drive Improvements, City Project
No. 646-06. The federal funds received will reimburse expenditures from City -advanced
funds out of the resurfacing account (110-4311-433-3320).
Approve City -State Program Supplement Agreement 004-M
September 14, 2006
Page 2 of 2
Upon approval of Program Supplemental Agreement No. 004-M covering construction
costs for the Country Club Drive Pavement Rehabilitation Improvements, the City Clerk
will prepare a Certified Minute Order which clearly identifies the project and the official
authorized to execute the agreement. This Certified Minute Order will serve in lieu of
the Caltrans-suggested authorizing resolution.
Therefore, staff recommends that City Council approve the City of Palm Desert-Caltrans
Program Supplement Agreement No. 08-5414 (004-M) and authorize the City Manager
to execute the Supplement Agreement covering construction costs for the Country Club
Drive improvements, City Project 646-06 — Contract No. C25730.
Prepgregl By.Departme
Rya Gayh
Project Ad(nistrator
Approv
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Homer Cro f
Assistant City anager for Development Services
Mark Greenwood, P.E.
Director of Public Works
Paul Gibson
Finance Director
Carlos L. Ortega
City Manager
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CITY COUNCII✓ACTION:
APPROVED ✓✓ DENIED
RECEIVED OTHER
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ABSENT: Al(I)IS
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VERIFIED BY:�Di-V //1
Original on File with City Clerk's Office
G:1PubWorks\Statf Reports 120061Septerrber 1416 Supplement Agreement STP for 646-06 Pavement Rehabilitation Country Club\Approve Supplemental Agreement 646-06.doc
STATE OF CALIFORNIA. BUSINESS,TRANSPORTATION AND HOUSING AGENCY
Arnold Schwarzenegger, Governor
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001 r- r c I �,/ c (]
TDD (916) 654-4014 ri L'� -' `-
(916)654-3151
Fax (916) 653-7621 209b AUu j 8 P j2 2
August 16, 2006
Mr. Mark Greenwood
Director of Public Works
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Dear Mr. Greenwood:
F'L'°LIB `�lOi?KS QLP��RI i �E�;
SCANNED';
File: 08-RIV-0-PDST
STPL-5414(005)
Country Club Drive from Cook
Street to Eldorado Drive
Enclosed are two originals of the Program Supplement Agreement No. 004-M to Administering Agency -State
Agreement No. 08-5414 and an approved Finance Letter for the subject project. Please retain the signed Finance
Letter for your records.
We have included two new special covenants that allow any funding for future phases of this project be encumbered
upon approval of the "Request for Authorization" and Finance Letter. The Program Supplement Agreement need not be
revised for that purpose. However, 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 60 days from the date of this letter. If the signed Agreements are not received back in this
office within 60 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.
In accordance to Government Code 16304, Federal funds appropriated by the State budget are available for liquidation
only for seven years and the State funds are available only for five years. The attached Finance Letter shows these
deadlines 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 one year for federal funds and
up to three years for State funds.
Please note that Government Code 16304 does not supersede any other more restrictive expenditure deadlines.
Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer.
Sincerely,
i,,DENIX ANBIAH, Chief
Office of Project Implementation
Division of Local Assistance
Enclosure
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PROGRAM SUPPLEMENT NO. M004 Date:August 10,2006
to Location:08-RIV-0-PDST
ADMINISTERING AGENCY -STATE AGREEMENT Project Number:STPL-5414(005)
FOR FEDERAL -AID PROJECTS NO. 08-5414 E.A. Number:08-924500
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 05/13/97 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 setforth
on the following pages.
PROJECT LOCATION:
Country Club Drive from Cook Street to Eldorado Drive
TYPE OF WORK: Road rehabilitation
Estimated Cost
$694,800.00
CITY OF PALM DESERT
By
Date
Attest
Title
Federal Funds
H240 $372,685.00 LOCAL
$322,115.00
LENGTH: I(MILES)
Matching Funds
OTHER
$0.00 $0.00
STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Project Implementation
Division of Local Assistance
Date
I hereby certify upon my personal knowledge that budgeted funds are availableforthis
'� encumbrance:
Accounting Officer �NAOJ�' Date O � .v(0
Chapter I Statutes I Item I Year" I Program I Be I Category I Fund Source
38 2005 2660-102-890 2005-2006 20.30.010.810 C 262040 892-F
$372,685.00
AMOUNT
372,685.00
Program Supplement 08-5414-M004- ISTEA Page 1 of 5
08-RIV-O-PDST '
STPL-5414(005)
08/10/2006
SPECIAL COVENANTS OR REMARKS
1. 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.
2. The ADMINISTERING AGENCY will reimburse the STATE for the
ADMINISTERING AGENCY share of costs for work requested to be
performed by the STATE.
3. 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.
4. The ADMINISTERING AGENCY will advertise, award and administer
this project in accordance with the most current published Local
Assistance Procedures Manual.
5. 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 superceded 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.
6. Award information shall be submitted by the ADMINISTERING AGENCY
to the District Local Assistance Engineer immediately 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
Program Supplement 08-5414-M004- ISTEA Page 2 of 5
08-RIV-0-PDST '
STPL-5414(005)
08/10/2006
SPECIAL COVENANTS OR REMARKS
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
and LPP 01-06.
7. 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.
8. 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).
9. 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. All 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(s) 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
Program Supplement 08-5414-M004- ISTEA Page 3 of 5
08-RIV-0-PDST
STPL-5414(005)
08/10/2006
SPECIAL COVENANTS OR REMARKS
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 are
actually allocated and encumbered as authorized by the California
Transportation Commission and the Department's Accounting Office.
10."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."
ll.The Administering Agency shall not discriminate on the basis of
race, color, national origin, or sex in the award and performance
of any DOT -assisted contract or in the administration of its DBE
Program or the requirements of 49 CFR Part 26. The Administering
Agency shall take all necessary and reasonable steps under 49 CPR
Part 26 to ensure nondiscrimination in the award and
administration of DOT -assisted contracts. The administrating
Agency's DBE Race -Neutral Implementation Agreement is
incorporated by reference in this agreement. Implementation of
this program is a legal obligation and failure to carry out its
terms shall be treated as a violation of this agreement. Upon
notification to the recepient of its failure to carry out its
approved DBE Race -Neutral Implementation Agreement, Caltrans may
impose sanctions as provided for under 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.).
12.Billing Cycle
ADMINISTERING AGENCY agrees to submit invoices in arrears for
reimbursement of participating PROJECT costs at least once every
six months commencing after the funds are encumbered for each
Program Supplement OS-5414-M004- ISTEA Page 4 of 5
08-RIV-0-PDST
STPL-5414(005)
08/10/2006
SPECIAL COVENANTS OR REMARKS
phase by the execution of this PROJECT PROGRAM SUPPLEMENT or by
STATE's future approval of an applicable Finance Letter. The
total of all invoiced amounts claimed, plus any required matching
funds, must not exceed the actual total cost allowable under this
PROGRAM SUPPLEMENT for all authorized and completed PROJECT
engineering work, right of way acquisition, and construction.
If no costs have been invoiced for a six-month period,
ADMINISTERING AGENCY shall submit a written explanation (with
target billing date and target billing amount) of the absence of
PROJECT activity.
Should ADMINSTERING AGENCY fail to invoice for participating
PROJECT costs incurred (including a written explanation when no
invoice is submitted) within one year of the issuance of the
PROJECT authorization to proceed by STATE or from the next
invoice due date following the last PROJECT invoice, STATE may
de -obligate and reassign to another party any unexpended Federal
funds without notice to ADMINSTERING AGENCY. STATE may also not
process any future request for authorization to proceed submitted
by the ADMINSTERING AGENCY.
Final Billing
ADMINISTERING AGENCY agrees that it shall submit the Final
Invoice and Final Detail Estimate within 180 days of PROJECT
completion. ADMINISTERING AGENCY's failure to submit these
documents will result in sanctions imposed upon ADMINISTERING
AGENCY by STATE in accordance with Chapter 17.6, "Consequences
For Non -Compliance", of the Local Assistance Procedures Manual.
De -obligate Federal Funds for Construction Phase
ADMINISTERING AGENCY agrees that if the estimated PROJECT
construction cost is less than the obligated amount for
construction by more than $50,000, that excess amount of federal
funds initially obligated is subject to de -obligation by STATE
once the project has been awarded by ADMINSTERING AGENCY.
Program Supplement 08-5414-M004- ISTEA Page 5 of 5