HomeMy WebLinkAboutC28800 Program Supplemental Agreement 005-N1 Free Right Turn Fred Waring and Highway 111 (C28800 658-08)CITY OF PALM DESERT 17"T
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: APPROVE PROGRAM SUPPLEMENT AGREEMENT NO. 005-N1
FOR CONGESTION MITIGATION AND AIR QUALITY FUNDS
BETWEEN THE CITY OF PALM DESERT AND THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE
ACQUISITION OF RIGHT-OF-WAY RELATED TO THE FREE
RIGHT TURN AT FRED WARING DRIVE AND HIGHWAY 111
(CONTRACT NO. C28800) AND AUTHORIZE THE DIRECTOR OF
PUBLIC WORKS TO INITIATE THE ACQUISITION OF RIGHT-OF-
WAY (PROJECT 658-08)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
DATE: October 27, 2011
CONTENTS: Letter from California Department of Transportation
Program Supplement Agreement No. 005-N1
Vicinity Map
Recommendation
By Minute Motion:
Approve Program Supplement Agreement No. 005-N1 between the
City of Palm Desert and the State of California Department of
Transportation (Caltrans);
2. Authorize the Mayor to execute same; and
3. Authorize the Director of Public Works to initiate acquisition of right-of-
way for the free right turn at Fred Waring Drive and Highway 111.
Background
On January 5, 2009, the City was notified of the approval of the Federal Statewide
Transportation Improvement Program (FSTIP) that included the Congestion Mitigation
and Air Quality (CMAQ) grant funded projects. With the approval, the City proceeded
with the development of the Free Right -Turn Lane at Fred Waring Drive and Highway
111 project. The project design has commenced and the right-of-way necessary for the
completion of the project has been determined. The request for authorization to
proceed with right-of-way acquisition has been sent to Caltrans for their approval.
Staff Report
Approve City -State Program Supplement Agreement 005-N1
October 27, 2011
Page 2 of 2
The City has already received federal funding for the design of this project in the
amount of $44,000. Now the City has received the authorization from Caltrans to
proceed with right-of-way acquisition. However, prior to initiating the process, it is
necessary that the Program Supplement Agreement be executed by the Mayor. The
Program Supplement Agreement outlines the overall parameters for the federal funding
the City will receive from Caltrans for the acquisition specific to this project. The total
acquisition cost is estimated to be $125,000 and this agreement provides for CMAQ
funding in the amount of $111,000. Therefore, the City's net cost is estimated to be
$14,000 for right-of-way.
Upon execution of the Program Supplement Agreement, authorization to initiate
acquisition of right-of-way is requested. The project will convert the existing dual right -
turn configuration at west -bound Fred Waring Drive to north -bound Highway 111 into a
free right turn lane with deceleration and acceleration lanes.
Fiscal Analysis
Approval of this agreement will allow the City to receive federal CMAQ funds for the
acquisition of right-of-way for the Free Right Turn at Fred Waring Drive and Highway
111 project. The acquisition cost, which is estimated to be $125,000, must initially be
paid by the City. Upon completion of the acquisition, an invoice will be submitted to
Caltrans for reimbursement of $111,000 resulting in a net cost to the City of $14,000. If
the actual cost of the project exceeds the $125,000 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
still be $14,000, and the CMAQ funds will cover the remainder.
Prepared By:
Ryan Tyler, r . ct Administrator
Paul S. Gibson, Director of Finance
roval:
n M. Wohlmuth, City Manager
CITYCOUNCILA TION
APPROVED _ _ DENIED
RECEIVED OTIIF,R
MEETINGDATE_ 13G
AYES• i\ r `LLL, KCWf)t41,
NOES: None:
ABSENT: _h Cal e -
ABSTAIN:
VERIFIED RV:— I
Original on File with City Clerk's Office
Reports\2011 \October 27\04 Approve Caltrans Supp Agrmnt 005-N1 for Fred Waring Free Right Turn P658-08\SR Approve Program Supplement Agreement
STATE OF CALIFORNIA. BUSINESS,TRANSPORTATION AND HOUSING AGENCY r•, EDMUND G. BROWN Jr. Governor
._ ..
DEPARTMENT OF TRANSPORTATION `
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TTY 711
(916) 654-3151
Fax (916) 653-7621
October 5, 2011
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:
File
08-RIV-0-PDST
CML-5414(008)
Westbound Fred Waring Drive to
northbound former State Route 111
Enclosed are two originals of the Program Supplement Agreement No. 005-N1 to Administering Agency -State
Agreement No. 08-5414R.
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.
A copy of the State approved finance letter containing the fund encumbrance and reversion date information will be
mailed to you with your copy of the executed agreement.
Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer.
Sincerely,
�MV
RAY ZHAN , Chief
Office of Project Implementation - South
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(08) DLAE - Savat Khamphou
PROGRAM SUPPLEMENT NO. N005 Rev. 1 Adv Project ID Date: September 26, 2011
to 0800000970 Location: 08-RIV-0-PDST
ADMINISTERING AGENCY -STATE AGREEMENT Project Number: CML-5414(008)
FOR FEDERAL -AID PROJECTS NO 08-5414 E.A. Number: 08-925099
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:
Westbound Fred Waring Drive to northbound former State Route 111
TYPE OF WORK: Modify existing dedicated right turn lane to a free right turn lane and LENGTH: 02(MILES)
merge
Estimated Cost Federal Funds Matching Funds
L400 $44,000.00 LOCAL OTHER
L40E $111,000.00
$175,000.00 $20,000.00 $0.00
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-mypprsonal k owledge that budgeted funds are available for this encumbrance:
1
Accounting Office � ; NADate `r�2 Lit / $155.000.00
Chapter Statutes Item Year Program BC Category Fund Source AMOUNT
Program Supplement 08-5414-N005-R1= ISTEA Page 1 of 3
STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF (REV. 01/2010)
Claims Audits
3301 "C" Street, Rm 404
Sacramento. CA 95816
FROM:
Department of Transportation
SUBJECT:
Encumbrance Document
VENDOR / LOCAL AGENCY:
CITY OF PALM DESERT
$111,000.00
PROCUREMENTTYPE:
Local Assistance
9/26/2011
REQUISITION NUMBER / CONTRACT NUMBER:
RQS-2660-081200000108-1
Page _t_ of _1_
0800000849
ADA NOtIC@ 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.
08-RIV-0-PDST
09/26/2011
CML-5414(008)
SPECIAL COVENANTS OR REMARKS
I. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
2. 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).
3. 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.
4. 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.).
5 As a condition for receiving federal -aid highway funds for the PROJECT, the
Program Supplement 08-5414-NO05-R1- ISTEA Page 2 of 3
08-RIV-0-PDST
CML-5414(008)
SPECIAL COVENANTS OR REMARKS
09/26/2011
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).
6• 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.
7. 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. Please refer to Section 15.7 "Award Package" of the Local Assistance
Procedures Manual.
Program Supplement 08-5414-N005-R1- ISTEA Page 3 of 3
Legend
- Circulation Network
DI City Boundary
— Streets
El Parcels (7/2011)
1: 8,052 O
Notes