The URL can be used to link to this page

Home My WebLink AboutProgram Supplement 009-N Agreement 08-5414R Intersection of Fred Waring Drive and San Pascual Ave 566-05CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: APPROVE PROGRAM SUPPLEMENT AGREEMENT NO. 009-N FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM FUNDS BETWEEN THE CITY OF PALM DESERT AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR FRED WARING DRIVE AT SAN PASCUAL TRAFFIC SIGNAL MODIFICATION (PROJECT NO. 566-05) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works DATE: March 22, 2012 CONTENTS: Letter from California Department of Transportation Program Supplement Agreement No. 009-N Vicinity Map Recommendation By Minute Motion: 1. Approve Program Supplement Agreement No. 009-N between the City of Palm Desert and the State of California Department of Transportation (Caltrans); and 2. Authorize the Mayor to execute the agreement. Background On March 2, 2011, the City was notified by Caltrans of the approval of funding in the amount of $195,500 from the Highway Safety Improvement Program (HSIP). With the approval, the City proceeded with the development of the Fred Waring Drive at San Pascual Traffic Signal Modification project. The project will modify the existing signal from a 2-phase pedestrian crossing to a 6-phase, full service traffic signal. Caltrans has also issued approval to go out to bid, and the plans and specs are currently being finalized. In order to proceed, 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 this project. The total project cost is estimated to be $$217,400 and this agreement provides for HSIP funding in the maximum amount of $195,500, or 89.93 percent of the cost. The Staff Report Approve City -State Program Supplement Agreement 009-N March 22, 2012 Page 2 of 2 City's net cost is estimated to be $21,900; however, the City's proportionate share may be adjusted depending on the amount of the actual construction costs. In addition, the City is responsible to pay all construction costs (funding for this project is available in Account No. 234-4276-422-4001, Traffic Signals) and will subsequently be reimbursed the HSIP funds by Caltrans, at which time these funds will be redeposited into the Traffic Signals Fund 234. Fiscal Analysis Approval of this agreement will allow the City to receive federal HSIP funds for the Fred Waring Drive at San Pascual Traffic Signal Modification project. It is currently estimated that the City's proportionate share of the project will be $21,900; however, this amount is subject to adjustment based on the actual construction costs for the project. Prepared By: T'!ti-�'/� T�� ✓LAG+ �,,/'••"., Mark Diercks, P.E. Transportation Engineer ul S. Gibson, Director of Finance M. Wohlmuth, City Manager CITY -COUNCIL ACTION APPROVED-_ DENIED RECEIVED OTHER MEETING DATE G1 AYES: S R'Qf f NOES: N r,n - ABSENT: NC�n -----___ ABSTAIN: K C Le VERIFIED BY - Original on File with City Clerk's Office Departmgnt Mark Ggbeowood, F"I Directorf o Public Wo G:\PubWorks\Staff Reports\2012\March 22\08 Approve Caltrans Supplemental Agrmnt Prot No. 566-05 San Pascual Signal\SR Approve Program Supplement Agreement 566- 05.doc STATE OF CALIFORNIA. BUSINESS,TRANSPORTATION AND HOUSING AGENCY EDMUND G. BROWN Jr. Governor DEPARTMENT OF TRANSPORTATION Division of Local Assistance 1120 N STREET q P.O. BOX 942874, MS# 1 Sacramento, CA 94274-0001 TTY 711 (916)654-3151 Fax (916) 653-7621 File: 08-RIV-0-PDST HSIPL-5414(011)Intersection February 22, 2012 of Fred Waring Drive FE� 2, 7 and San Pascual Avenue Mr. Mark Greenwood 'So Director of Public Works/City Engineer City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn: Mr. Bo Chen Dear Mr. Greenwood: Enclosed are two originals of the Program Supplement Agreement No. 009-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, AY ZHANG, Chief Office of Project Implementation - South Division of Local Assistance Enclosure c: DLA AE Project Files (08) DLAE - Savat Khamphou PROGRAM SUPPLEMENT NO. N009 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 08-5414 Adv Project ID Date: February 13, 2012 0800020288 Location: 08-RIV-0-PDST Project Number: HSIPL-5414(011) E.A. Number: 08-925140 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: Intersection of Fred Waring Drive and San Pascual Avenue TYPE OF WORK: Intersection modifications and upgrade signals Estimated Cost Federal Funds LS3E $195,500.00 LOCAL $217,400.001 $21,900.00' 1 CITY OF PALMJDES9RT By - Title MAYOR Date - Attest - --�-- LENGTH: 0.1(MILES) Matching Funds OTHER $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 _ _�i �_� _�' _ s�< Date __ �- l ` l _� $195.500.00 Program Supplement 08-5414-N009- ISTEA Page 1 of 3 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV. 0112010) TO: Claims Audits 3301 "C" Street, Rm 404 Sacramento, CA 95816 r-Kum: Department of Transportation SUBJECT: Encumbrance Document VENDOR/LOCAL AGENCY: City'of Palm Desert $195,500.00 PROCUREMENTTYPE: Local Assistance DATE PREPARED: 2/13/2012 REQUISITION NUMBER / CONTRACT NUMBER: RQS-2660-081200000422-1 Page _1 of _1_ 'NUMBER: 0800020288 ADA Notice 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 HSIPL-5414(011) SPECIAL COVENANTS OR REMARKS 02/13/2012 1. 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-N009- ISTEA Page 2 of 3 08-RIV-0-PDST HSIPL-5414(011) SPECIAL COVENANTS OR REMARKS 02/13/2012 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-N009- ISTEA Page 3 of 3