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Home My WebLink AboutREVISED - C22310J - Agmt No. N010 for CMAQ Funds 669-02 ��-- ��-�- - Contract No. C22310J Resolution No. 2014-01 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: ADOPT RESOLUTION NO. 2014- ol APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. N010 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 MONTEREY AVENUE AT I-10 RAMP MODIFICATION (PROJECT NO. 669-02) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works DATE: January 9, 2014 CONTENTS: Resolution No. 2014- ol Letter from California Department of Transportation Program Supplement Agreement No. N010 Memo - Timeline of Monterey Avenue at I-10 Ramp Modifications Project Recommendation Waive further reading and Adopt Resolution No. 2014- ol Approving Program Supplement Agreement No. N010 between the City of Palm Desert and the State of Califomia Department of Transportation (Caltrans). BackQround 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, which included the Monterey Avenue at I-10 Ramp Modification project. On April 23, 2009 the City approved entering into a Master Agreement with State of California Department of Transportation (Caltrans). The Master Agreement sets forth the requirements for all projects with state allocated funds for traffic related projects. The City has now received the authorization to proceed with construction from Caltrans. 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 $8,361,000, and this agreement provides for CMQ funding in the amount of$2,761,000. Staff Report Approve Program Suppiement Agreement N010 January 9, 2014 Page2of2 Fiscal Analvsis Approval of this agreement will allow the City to receive Federal CMAQ funds for the Monterey Avenue at I-10 Ramp Modification project. The total project cost, which is estimated to be $8,361,000, must initially be paid by the City. As the project progresses, invoices will be submitted to Caltrans for reimbursement of the $2,761,000. Prepared By: Depa m nt ead: ,` , � �---�, Cora L. Gaugush ` Mark G e nwood, P. Capital Improvement Projects Technician Director o Public Works � Paul Gibson, Director of Finance c't'Tv cc�ti�'�I�AC'�►«�? �.i=►�iiovrn �/ 6?r`T��n ttrcrtvF� c��r�ir�.it Ap roval: MF,I;TING DATE - -� AYES: NOES:��c,,.�.�,�_,.. . Cit Mana er ABSENTs u on� , Jo M. Wohlmuth, y g p�STAtN: ,61 a�� _. __._ ._ ��,. , , , �� -5 �,p, z; .�. �- / ..., � � �.. �. _.. _ ._ ..._.�. �____._----- t)3'Ie0[iil� (,)Il ��I�C �Ylt�ti '�,Ity ��L:iy P+ �I��FICC G/bl RESOLUTION 2014-01 A RESOLUTION OF THE CITY COUNCIL OF PALM DESERT, CALIFORNIA, APPROVING EXECUTION OF PROGRAM SUPPLEMENT AGREEMENT NO. N010 TO MASTER AGREEMENT ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL AID PROJECTS NO. 08-5414R WHEREAS, the City Council of the City of Palm Desert, California, did on the 23�d day of April, 2009, approve the Master Agreement Administering Agency-State, Agreement for Federal Aid Projects No. 08-5414R, which sets forth the requirements for all projects with state allocated funds for traffic related projects; and WHEREAS, Master Agreement Administering Agency-State, Agreement for Federal Aid Projects No. 08-5414R was fully executed on May 11, 2009; and WHEREAS, a Program Supplement Agreement to the Master Agreement is required for each project with state allocated funds. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY AUTHORIZE THE MAYOR TO EXECUTE THE FOLLOWING AGREEMENT: 1. The Program Supplement Agreement No. N010 to Administering Agency- State Agreement No. 08-5414R for the construction of the Monterey Avenue at I-10 Ramp Modification project attached hereto as "Exhibit A" is hereby approved for execution by the Mayor of the City of Palm Desert. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 9t" day of January, 2014, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: VAN G. TANNER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA � RES. N0. 2014-01 EXHIBIT "A`'' PROGRAM SUPPLEMENT NO.N01D Adv Project iD Date: October 7,2013 to 08000202B5 Location: 08-RIV-10-PDST ADMINtSTERING AGENCY-STATE AGREEMENT Project Number: HP21CML-5414(013) FOR FEDEi2AL-Alp PROJECTS NO 08-5414R E.A.Number: 0&OF0504 Locode: 5414 This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federai Aid which was entered into between the Administering Agency and the State on OS/11/09 and is subject to ali the terms and conditions thereof.This Program Supplement is executed in accordance with Ahicie I of the aforemeritioned 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 com�y with the special covenants or remarks set forth on the following pages. PROJECT LOCATION: I-10 lnterchange at Monterey Avenue in Palm Desert TYPE OP WORK: New and recanstruct access ramps LENGTH:0.0(MILES) Estirnated Cost Federa!Funds Matching Funds Q920 $990,000.00 LOCAL OTHER L40E $1,771,000.00 �6,361,000.00 $2,800,00�.00 $2,800,000.00 CITY OF PALM DESERT STATE OF CAUFORNIA Department of Transportation SY _ __ - --- B _ _ y _. . _ _----.. __ ____ Tltle Chief,Office of Project Imp{ementation ------- ----- Division of Local Assistance Date - ______. _ _ ._-.Y.------ Date _. _- Attest ___ -- ---- - _. _ _ --- - � hereby cert'rfy upon my persona�know{edge that budgeted funds are available for this encumbrance. Accounting Officer�_ ,��,�"�;�� -�n�'- ' _�.:x� �-_. Date � �'��/,'�?_-- $2.761 000.00 �% � ____ ` ____� ___ _.. _ . _ g , tegory Fund Source AMOUNT Chapter Staturtit_:s .�tem } Year a Pra ram BC Ca„a^ _ __ _ . .._ . � . . _ � ____. ;_ ___ � _ _ _ ': _ _ _ ._ . ___ . ___ _ _ _ __ Program Supplement OS-5414R-N010-ISTEA Page 1 of 3 RES. N0. 2014-01 ' 08-RIV-10-PDST 09/19l2013 NP21 CML-5414(013) . SPECIAL COVENANTS OR REMARKS 1. ADMINISTERING AGENCY agrees that it will on{y proceed with work authorized for spec�c 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). 2. Any State and Federal funds that may have been encumbered for this project are available far 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 Govemment Code Section 16304, all project funds not liquidated within these periods wil) revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMtN1STERING AGENCY and approved by the Califomia 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 ftom the State Controtler's Office and the Department of Finance; in order for payment to be made, the last date the District Locai Assistance Engineer car� forward an invoice for payment to the Department's Loca! Programs Accounting OfFice for reimbursable work f�r funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Nofinri�hstanding #he 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 l.ocal 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. 3. The ADMtNISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 4. Award ir�formation shall be submitted by the ADMINISTERlNG 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. 5. 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 executiQn 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 welf as to suspend invoice payments for any on-going or future project by ADMtNISTERlNG AGENCY if Program Supplement 08-5414R-N010-ISTEA Page 2 of 3 RES. N0. 2014-01 ` 08-RIV-10-PDST 08119l2013 HP21CML-5414(093) . SPECfAL COVENANTS OR REMARKS PROJECT costs have not been invoiced by ADMlNISTERING RGENCY 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 aiong with target billing date and target bi!(ing amount. ADMINISTERING AGENCY agrees to submit the final repart 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 comptetion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the cunent Local Assistance Procedures Manual. 6. 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 Agreernent. The Administering Agency shall take afl 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 fmplementation 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 enforcer�nent under 18 U.S.C. 1001 and/or the Program Fraud Civii Remedies Act of 1986 (31 U.S.C. 3801 et seq.}. 7. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering Agency certifies that NO rnembers af the elected board, council, or other key decision makers are on the Federai Govemment Excluded Parties List System (EPLS). $. This project shall be administered by the ADMINISTERING AGENCY as stipulated under Coaperative Agreement #8-1425, as amended. Nothing in this agreement shail be construed or interpreted to supercede any of the requirements in said Cooperative Agreement. Program Supplsment 08-5414R-N010-ISTEA Page 3 of 3 STATE OF CALIFORNIA-CALIFORNIA STATE TRANSPORTATION AGENCY 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)654-3883 Fax(916)654-2408 File: 08-RIV-10-PDST HP21 CML-5414(013) December 23, 2013 I-10 Interchange at Monterey Avenue in Palm Desert Mr. Mark Greenwood Director of Public WorkslCity Engineer City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Dear Mr. Greenwood: Enclosed are two duplicate copies of the two originals of the Program Supplement Agreement No. 010-N to Administering Agency-State Agreement No. 08-5414R originally sent to you on October 14, 2013. 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 Impiementation - MS1. {f the signed Agreements are not received back in this office by the granted time extension of January 21, 2014, 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 retumed 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 Locat Assistance Engineer. Sincerely, �°� �� -� ��;;;.��'" --.�`t c r , � t'.,r �.x�: ,� .�JOHN HOOLE, Chief `�"�� O�ce of Project Implementation �� Division of Local Assistance ,, Enclosure c: DLA AE Project Files RECEiVED (08) DLAE- Sean Yeung (Acting� JAN 0 3 2014 CITY pF PALM DESERT PUBUC WpRKS DEPT . �, ., PROGRAM SUPPLEMENT N0. N010 � Adv Project ID Date: October 1, 2013 to i 0800020285 Location: 08-RIV-10-PDST ADMINlSTERING AGENCY-STATE AGREEMENT � Project Number: HP21 CML-5414(013) FOR FEDERAL-AID PROJECTS NO 08-5414R � E.A. Number: 08-OF0504 � Locode: 5414 This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federai Aid which was entered into between the Administering Agency and the State on 05/11/09 and is subject to ail the terms and conditions thereof.This Program Supplement is executed in accordance with Articie I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (5ee 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: I-10 Interchange at Monterey Avenue in Palm Desert TYPE OF WORK: New and reconstruct accsss ramps LENGTH: 0.0(MILES) Estimated Cost � Federal Funds � Matching Funds Q920 $990,000.00 LOCAL I � OTHER L40E $1,771,000.00 $8,361,000.00 �2,800,OOO.Q� + $2,800,000.00 � � I ` 1 I � CITY OF PALM DESERT STATE OF CALIFORNIA Department of Transportation BY -- By Chief,Office of Project Implementation Title Division of Local Assistance Date Date — Attest I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: � , Date ��1�//3 $2,761,000.00 Accounting Officer�� _._ .—� l Chapter � Statutes ; Itern � Year Program + BC Category Fund Source � AMOUNT� ---j---� —�'�—� � � � �--- —i— ; -- -- ---�— , ---- I ' ) -- — � — ------T- � - � ---I--� , �--�-- ----t-- -- �� - i- � � � �-{--_----�--�_ --- i � _ , v---�--- Program Supplement 08-5414R-NQ10-ISTEA Page 1 of 3 ,. t�'�l-RIV-10-PDST 0 911 912 01 3 HP21 CML-5414(013) , SPECIAL COVENANTS OR REMARKS 1. 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). 2. 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 availab{e 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. 3. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 4. 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. 5. 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 Program Supplement 08-5414R-N010- ISTEA Page 2 of 3 ' 6"d-RIV-10-PDST 09/19/2013 µ HP21CML-5414(013) . SPECIAL COVENANTS OR REMARKS 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. 6. 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 Implernentation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcer�ent under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). 7. 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 Excluded Parties List System (EPLS). 8. This project shall be administered by the ADMINISTERING AGENCY as stipulated under Cooperative Agreement #8-1425, as amended. Nothing in this agreement shall be construed or interpreted to supercede any of the requirements in said Cooperative Agreement. Program Supplement 08-5414R-N010-ISTEA Page 3 of 3 �1��. CITY OF PALM DESERT � � PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM To: John M. Wohimuth, City Manager From: Mark Greenwood, Director of Public Works Date: January 6, 2014 Subject: Monterey Avenue at 1-10 Ramp Modifications-Project 669-02 The following is the anticipated schedule for the Monterey Avenue at I-10 Ramp Modification-Project 669-02: January 23, 2014 Award contracts for both the construction and the construction management phase of the project Week of February 24th Pre-construction Meeting March 3�d to March 28�' Biological assessment and training, equipment staging Week of March 31 St Notice to Proceed Week of April 7th Commence construction January 15, 2015 Construction complete /clg G:�PubWorkslCora Gaugush�My Documents\Forms Template\MEAAO.doc