HomeMy WebLinkAboutC23110A CalTrans Program Supplement No. N0007 Highway 111 Sidewalk Improvement 697-05Contract No. C23110A
CITY OF PALM DESERT '
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: APPROVE PROGRAM SUPPLEMENT AGREEMENT NO. 007-N
FOR CONGESTION MITIGATION AND AIR QUALITY FUNDS
BETWEEN THE CITY OF PALM DESERT AND THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE
CONSTRUCTION OF THE HIGHWAY 111 SIDEWALK
IMPROVEMENT PROJECT (CONTRACT NO. C23110A) AND
AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO
ADVERTISE THE PROJECT FOR BIDS (PROJECT 697-05)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
DATE: September 8, 2011
CONTENTS: Letter from California Department of Transportation
Program Supplement Agreement No. 007-N
Recommendation
By Minute Motion:
Approve Program Supplement Agreement No. 007-N between the
City of Palm Desert and the State of California Department of
Transportation (Caltrans); and
2. Authorize the Mayor to execute same; and
3. Authorize the Director of Public Works to advertise the project for bids.
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 Highway 111 Sidewalk Improvement project. The plans
and specifications were completed, and the project was sent to Caltrans Local
Assistance for the authorization to proceed with construction.
The City has now received the authorization to proceed with construction from Caltrans.
However, prior to advertising the project for bid, it is recommended 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
Staff Report
Approve City -State Program Supplement Agreement 007-N (Contract No. C23110A)
September 8, 2011
Page 2 of 2
from Caltrans for the construction work specific to this project. The total project cost is
estimated to be $620,000, and this agreement provides for CMAQ funding in the
amount of $618,050. Therefore, the City's net cost would be $1,950.
Upon execution of the Program Supplement Agreement, authorization to advertise for
bids is requested. The project will construct sidewalk along the south side of Highway
111 in several places where sidewalk does not currently exist. The project will also
modify the traffic signal at Highway 111 and Plaza Way, and fix the dip in the south leg
of that intersection. The left turn pocket from westbound Highway 111 to southbound
Plaza Way will be widened to a dual left -turn pocket and lengthened to increase the
efficiency of the intersection. A bus turnout will also be constructed in eastbound
Highway 111 just east of San Pablo Avenue.
Fiscal Analysis
Approval of this agreement will allow the City to receive Federal CMAQ funds for the
Highway 111 Sidewalk Improvement project. The total project cost, which is estimated
to be $620,000, must initially be paid by the City. Upon completion of the project, an
invoice will be submitted to Caltrans for reimbursement of $618,050 resulting in a net
cost to the City of $1,950. If the actual cost of the project exceeds the $620,000
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 $1,950, and the CMAQ funds will cover the
remainder.
Prepeled By: I Department Head:
Ryan/payler,\V#oject Administrator
— )1�104
Paul S. Gibson, Director of Finance
Approval:
oon M. Wohlmuth, City Manager
Mark Greenwood, P.E.
Director of Public Works
CITY COUNCILACTION
APPROVED f DENIED
RECEIVED OTI LER
MEETING
AYES: in r t 0M ,
NOES: 1� one
ABSENT: lei U('r
A13STAIN:
VERIFIED BY: I"
Original on File with City Clerk's Office
G:\PubWorks\Staff Reports\2011\September 8\01 Approve Caltrans Program Supplement Agrmt 007-N Hwy 111 Sidewalk Imprvmnts\SR Approve Program Supplement
Agreement 697-05.doc
STATE OF CALIFORNIA. BUSINESS,TRANSPORTATION AND HOUSING AGENCY
DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TTY 711
(916)654-3151
Fax (916) 653-7621
August 16, 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:
EDMUND G. BROWN Jr. Govemor
A'- File : 08-RIV-0-PDST
CML-5414(010)
Former State Route 111 from
Rancho Road to Larkspur Lane
Enclosed are two originals of the Program Supplement Agreement No. 007-N 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,
RAY ZHA Chief
Office of Project Implementation - South
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(08) DLAE - Savat Khamphou
PROGRAM SUPPLEMENT NO. N007
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO 08-5414 R
Adv Project ID Date: August 10, 2011
0800020268 Location: 08-RIV-0-PDST
Project Number: CML-5414(010)
E.A. Number: 08-925139
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:
Former State Route 111 from Rancho Road to Larkspur Lane
TYPE OF WORK: left -turn channelization @ Plaza Way, sidewalks, ADA ramps, & bus LENGTH: 1.5(MILES)
turnout
Estimated Cost Federal Funds Matching Funds
L40E $618,050.00 LOCAL OTHER
$620,000.00 $1,950.00
CITY OF PALM DESERT
By
Title
Date
Attest
$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 available for this encumbrance:
Accounting Officer '/fly# 4 :X- - -f Date # $618,050.00
Chapter Statutes Item Year Program BC Category Fund Source AMOUNT
Program Supplement 08-5414-N007- 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
CONTRACT AMOUNT:
$618,050.00
PROCUREMENT TYPE:
Local Assistance
8/10/2011
REQUISITION NUMBER / CONTRACT NUMBER:
081200000041
Page _7_ of —I—
0800020268
ADA NOttt 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
CML-5414(010)
SPECIAL COVENANTS OR REMARKS
08/10/2011
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.0 3801 et
seq.).
5. As a condition for receiving federal -aid highway funds for the PROJECT, the
Program Supplement 08-5414-N007- ISTEA Page 2 of 3
08-RIV-0-PDST
CML-5414(010)
SPECIAL COVENANTS OR REMARKS
08/10/2011
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-N007- ISTEA Page 3 of 3