HomeMy WebLinkAboutCC Reso 2016-45 RESOLUTION NO. 2016-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY, APPROVING PROGRAM SUPPLEMENTAL
AGREEMENT NO. 011-N1 TO ADMINISTERING AGENCY -STATE
AGREEMENT NO. 08-5430R, FOR THE PURPOSE OF
ADMINISTERING AND DISBURSEMENT OF FEDERAL FUNDS FOR
THE CONSTRUCTION OF THE DATE PALM DRIVE BRIDGE
WIDENING PROJECT AND AUTHORIZING THE CITY ENGINEER TO
SIGN THE PROGRAM SUPPLEMENTAL AGREEMENT ON BEHALF
OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY.
WHEREAS, The City of Cathedral City entered into an Administering Agency
State Agreement for Federal Aid Projects on June 13, 2008; and
WHEREAS, The City of Cathedral City applied to the State for financial
assistance in the form of a grant and is subject to all the terms and conditions thereof;
and
WHEREAS, The State has agreed to make the Grant, in accordance with Article
I of the aforementioned Master Agreement and in accordance with Program
Supplement No. 011-N1; and
WHEREAS, State shall provide a grant in the amount noted in Program
Supplement No. 011-N1 to Administering Agency- State Agreement for Federal —Aid
Projects No. 08-5430R for the purpose of paying for the construction of the Date Palm
Drive Bridge Widening Project.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE CITY COUNCIL FOR THE CITY OF CATHEDRAL CITY, AS FOLLOWS:
SECTION 1.
The City of Cathedral City a pp roves Program Su pp lement Agreement No. 011-N1 to
Administering Agency - State Agreement for Federal - Aid Projects No. 08-5430R
between the City of Cathedral City and the State of California, acting through the
Department of Transportation for the purpose of Administering and Disbursing of
Federal Grant funds on projects as entered into between the City of Cathedral City and
the State of California, and attached hereto as Exhibit "A," subject to and in accordance
with the terms and conditions set forth therein.
SECTION 2.
Authorize the City Engineer to sign Program Supplement No. 011-N1 on behalf of the
City Council of the City of Cathedral City.
SECTION 3. CERTIFICATION
That the City Clerk shall certify to the passage and adoption of this Resolution; shall
enter the same in the book of original Resolutions of said City; and shall make a minute
of passage and adoption thereof in the records of the proceedings of the City Council of
said City, in the minutes of the meeting at which Resolution is passed and adopted.
EFFECTIVE DATE
This Resolution shall take effect upon its adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Cathedral City held on this 14th day of December, 2016, by the following
vote:
Ayes: Council Members Aguilar, Carnevale and Kaplan; Mayor
Pro Tem Pettis and Mayor Henry
Noes: None
Absent: None
Abstain: None
Stanley E. Henry, M.
ATTEST:
e _..L
Gary F. Howell, Cityr lerk
APPROVED AS TO F d RM:
Eric S. Vail, City Attorney
PROGRAM SUPPLEMENT NO. N011 Rev. 1 Adv Project ID Date: November 1, 2016
to 0800020118 Location: 08-RIV-0-CTHC
ADMINISTERING AGENCY-STATE AGREEMENT Project Number: BHLS-5430(027)
FOR FEDERAL-AID PROJECTS NO 08-5430R E.A. Number: 08-925200
Locode: 5430
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 06/13/08 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. 031p-445 approved by the Administering Agency on RC, Q01 Co
(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:
Date Palm Drive over Whitewater River, Br. No. 56C-0189
TYPE OF WORK: Bridge rehabilitation and widening LENGTH: 0.2(MILES)
Estimated Cost Federal Funds Matching Funds
±001 $14,742,901.00 LOCAL OTHER
L10E $1,814,865.00
$20,529,455.00 $3,971,689.0 $0.00
CITY OF CATHED L ITY . STATE OF CALIFORNIA
Department of Transport-tion
By By 1i AI �__.�.!'
Title C.CrN 71-‘,IVAlur Chief, Office of Project Implementation
•
Date Division of Local Assistance
Attest
Date f 1
r .V
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer ' ,/ //v�_ Date 1//2�/. /.4 $16.557,766.00
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Chapter Statutes Item Year Program BC Category Fund Source AMOUNT
Program Supplement 08-5430R-N011-R1-ISTEA Page 1 of 6
DEPARTMENT OF TRANSPORTATION FINANCE LETTER Date: 11/16/2016 EA No: 08-925200
DIVISION OF ACCOUNTING D_CO_RT: 08-RIV-0-CTHC
LOCAL PROGRAM ACCOUNTING BRANCH Project No: BHLS-5430(027)
Adv Project Id: 0800020118
Attention: City of Cathedral City Period of Performance End Date: 06/30/2021
Agreement End Date: 03/31/2023
FINANCE ITEMS PRO RATA OR TOTAL COST OF FEDERAL PART. FED.REIMB% FEDERAL FUNDS FEDERAL FUNDS LOCAL FUNDS OTHER FUNDS
LUMP SUM WORK COST
LICE Z001
Agency Preliminary Engineering Lump Sum $1,800,000.00 $1,800,000.0/ 88.53% $1,593,540.01 $0.0' $206,460.00 $0.00
'.
`�.�,� vz:`. . _. r .a� �.,c;xl. e‘ .: p ,. t_� m;a � �. � ,.y.a YS` �L iA\�'�� e , a 9a ° ___
R/W Acquisition Lump Sum $220,000.00 $220,000.00 88.53% $194,766.00 $0.06 $25,234.01$0.00
Utility Relocation Costs Lump Sum $30,000.08 $30,000.01 88.53% $26,559.01 $0.08 $3,441.08 $0.00
z �m -- r
Contract Items :V..° a %° " `'V m n ; 4° '.ei
Construction Lump Sum $17,179,455.00 $16,358,481.00 88.53% $0.0' $14,482,163.00 $2,697,292.0 $0.00
�x4 *4
Agency Construction m Lump Sum $1,300,000.01 $1,300,000.0' 20.06% $0.0' $260,738.00 $1,039,262.0 $0.00
Engineering
Totals: $20,529,455.00 $19,708,481.00 0.00% $1,814,865.0' $14,742,901.00 $3,971,689.0' $0.00
Participation Ratio: 96.00% This Finance Letter was created based on specific financial information provided by the responsible local agency.The following
encumbrance history is prepared by Local Assistance Accounting Office and is provided here for local agency's information and action.
1
Signature: L/ , For questions regarding finance letter,contact:
Title: HQ Local Assistance Area Engineer Printed Name: Patrick Louie
Telephone No: (916)653-7349
Remarks: SCAG FTIP ID RIV091011 for FY 15-16. Based on the local agency's finance letter dated 7/07/16 for construction.Br.No.56C-0189. Reimbursement ratio=88.53%and 20.0%.
ACCOUNTING INFORMATION BHLS-5430(027)
Cooperative Work Agreement
APPROP. ENCUMBRANCE APPROP EXPENDITURE ENCUMBRANCE REVERSION APPROVED EXPIRATION
ADV. PROJECT ID UNIT STATE PROG. FED/STATE AMOUNT YEAR AMOUNT BALANCE DATE AMOUNT DATE
0800020118 16102F 2030010300 F $14,964,226.00 1516 $0.00 $14,964,226.00 06/30/21
0800020118 10102F 2030010300 F $1,593,540.00 0910 $1,455,964.80 $137,575.20 06/30/15 $718,616.00 06/30/17
Page 1 of 1
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STATE OF CALIFORNIA.DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
- PSCF(REV.01/2010)
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• Page_1_of_1_
TO: STATE CONTROLLER'S OFFICE DATE PREPARED: PROJECT NUMBER:
Claims Audits 11/1/2016 0800020118
3301 "C"Street,Rm 404 REQUISITION NUMBER/CONTRACT NUMBER:
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Sacramento,CA 95816, CT-2660-085430011N-17
FROM:
Department of Transportation
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SUBJECT:
Encumbrance Document -
VENDOR/ LOCAL AGENCY:
' CATHEDRAL CITY
$14,742,901.00
• PROCUREMENT TYPE:
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• Local Assistance
CHAPTER STATUTES ITEM YEAR - PEC/PECT TASK/SUBTASK AMOUNT
10 2015 2660-102-0890 2015-2016 20.30.010.300 2620/0420 $14;742,901.00
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TOTAL CONTRACT AMOUNT . $14,742,901.00
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.
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08-RIV-0-CTHC 11/01/2016
BHLS-5430(027)
SPECIAL COVENANTS OR REMARKS
1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
B. 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).
C. STATE and ADMINISTERING AGENCY agree that any additional funds which might.
be made available 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.
D. 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. Attention is directed to Section 15.7 "Award Package" of the Local Assistance
Procedures Manual.
E. 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 encumbrances 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.
F. 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-
Program Supplement 08-5430R-N011-R1-ISTEA' Page 2 of 6
08-RIV-0-CTHC 11/01/2016 —
BHLS-5430(027)
SPECIAL COVENANTS OR REMARKS
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.).
G. 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 AD MINISTERING 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.
H. 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 Exclusion List. Exclusions can be
found at www.sam.gov.
2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and
procedures (including those set forth in the Local Assistance Procedures Manual and the
Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL
ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of
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BHLS-5430(027)
SPECIAL COVENANTS OR REMARKS
Federal Regulation (CFR) and 2 CFR Part'200 federal requirements, and all applicable
federal laws, regulations, and policy and procedural or instructional memoranda, unless
otherwise specifically waived as designated in the executed project-specific PROGRAM
SUPPLEMENT.
B. Invoices shall be submitted on ADMINISTERING AGE NCY letterhead that includes
the address of ADMINISTERING AGENCY and shall be formatted in accordance with
LOCAL ASSISTANCE PROCEDURES.
C. ADMINISTERING AGENCY must have at least one copy of supporting backup
documentation for costs incurred and claimed for reimbursement by ADMINISTERING
AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup
documentation with invoices if requested by State. Acceptable backup documentation
includes, but is not limited to, agency's progress payment to the contractors, copies of
cancelled checks showing amounts made payable to vendors and contractors, and/or a
computerized summary of PROJECT costs.
D. Indirect_Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), 'Central.
Service Cost Allocation Plans and related documentation are to be prepared and provided
to STATE (Caltrans Audits & Investigations) for review and approval prior to
ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each
fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be
prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of
the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures
established by STATE.
E. STATE will withhold the greater‘of either two (2) percent of the total of all federal funds
encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING
AGENCY submits the Final Report of Expenditures for each completed PROGRAM
SUPPLEMENT PROJECT.
F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and
subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its
contractors and subcontractors claimed for reimbursement or as local match credit shall
not exceed rates authorized to be paid rank and file STATE employees under current
State Department of,Personnel Administration (DPA) rules. If the rates invoiced by
ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is
responsible for the cost difference, and any overpayments inadvertently paid by STATE
shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty
(30) days of such invoice.
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform
Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
H. ADMINISTERING AGENCY agrees, and will assure that its contractors and
subcontractors will be obligated to agree, that Contract Cost Principles and Procedures,
Program Supplement 08-5430R-N011-R1-ISTEA Page 4 of 6
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08BHLS-54RIV30(027)
SPECIAL COVENANTS OR REMARKS
48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be
used to determine the allowability of individual PROJECT cost items.
I. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply
with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures,
Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381
(non-A&E services), and other applicable STATE and FEDERAL regulations.
J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or
credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200,
23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL
regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.
K. STATE reserves the right to conduct technical and financial audits of PROJECT
WORK and records and ADMINISTERING AGENCY agrees, and shall require its
contractors and subcontractors to agree, to cooperate with STATE by making all
appropriate and relevant PROJECT records available for audit and copying as required
by the following paragraph:
ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and
subcontractors, and STATE shall each maintain and make available for inspection and
audit by STATE, the California State Auditor, or any duly authorized representative of
STATE or the United States all books, documents, papers, accounting records, and other
evidence pertaining to the performance of such contracts, including, but not limited to, the
costs of administering those various contracts and ADMINISTERING AGENCY shall
furnish copies thereof if requested. All of the above referenced parties shall make such
AGREEMENT; PROGRAM SUPPLEMENT, and contract materials available at their
respective offices at all reasonable times during the entire PROJECT period and for three
(3) years from the date of submission of the final expenditure report by the STATE to the
FHWA.
L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and
maintain a financial management system and records that properly accumulate and
segregate reasonable, allowable, and allocable incurred PROJECT costs and matching
funds by line item for the PROJECT: The financial management system of
ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to
Generally Accepted Accounting Principles, enable the determination of incurred costs at
interim points of completion, and provide support for reimbursement payment vouchers or
invoices set to or paid by STATE.
M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single
Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal
year of the Catalogue of Federal Domestic Assistance.
N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS
adopting the terms of this AGREEMENT in the schedule of projects to be examined in
Program Supplement 08-5430R-N011-R1-ISTEA . Page 5 of 6
• 08-RIV-0-CTHC 11/01/2016
BHLS-5430(027)
SPECIAL COVENANTS OR REMARKS
ADMINISTERING AGENCY's annual audit and in the schedule of projects to be
examined under its single audit prepared in accordance with 2 CFR, Part 200. •
0. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000,
construction contracts over $10,000, or other contracts over $25,000 [excluding
professional service contracts of the type which are required to be procured in
accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a
noncompetitive negotiation for work to be performed under this AGREEMENT without the
prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if
intended as local match credit, must meet the requirements set forth in this AGREEMENT
regarding local match funds.
P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this
AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this
agreement.
Program Supplement 08-5430R-N011-R1-ISTEA Page 6 of 6