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City Council Staff Report
Date: September 2, 2009 CONSENT CALENDAR
Subject: APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. 031-N,
WITH THE STATE OF CALIFORNIA FOR USE OF CONGESTION
MITIGATION AND AIR QUALITY (CMAQ) FEDERAL-AID FUNDS FOR
THE TRAFFIC MANAGEMENT CENTER AND CITYWIDE TRAFFIC
SIGNAL INTERCONNECT PROJECT, CITY PROJECT NO. 08-04,
FEDERAL-AID PROJECT NO. CML-5282(031)
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
Approval of Program Supplement Agreement No. 031-N will formally authorize the
reimbursement of up to $199,000 in federal-aid funds for the preliminary engineering
phase of the Traffic Management Center and Citywide Traffic Signal Interconnect
Project (City Project 08-04), Federal Aid Project No. CML-5282(031).
RECOMMENDATION:
1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA APPROVING PROGRAM
SUPPLEMENT AGREEMENT NO. 031-N TO ADMINISTERING AGENCY-
STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH
THE STATE OF CALIFORNIA, IN THE AMOUNT OF $225,000 ($199,000
CMAQ FEDERAL FUNDS / $26,000 GAS TAX FUNDS), FOR THE TRAFFIC
MANAGEMENT CENTER AND CITYWIDE TRAFFIC SIGNAL INTERCONNECT
PROJECT, CITY PROJECT NO. 08-04, FEDERAL-AID PROJECT NO. CML-
5282(031), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS,` and
2) Authorize the City Manager to execute all necessary documents.
ITEM NIO. 2
City Council Staff Report
September 2, 2009 - Page 2
Program Supplement Agreement No. 031-N
STAFF ANALYSIS:
On April 30, 2007, the Coachella Valley Association of Governments ("CVAG")
Executive Committee approved a Call for Projects for CVAG and its member
jurisdictions using CVAG's allocation of Congestion Mitigation and Air Quality ("CMAQ")
funds made available through the current highway funding bill, the Safe, Accountable,
Flexible, Efficient Transportation Equity Act A Legacy for Users (SAFETEA-LU).
In July 2007, the Public Works and Engineering Department responded to CVAG's Call
for Projects for CMAQ funding, requesting consideration of funding to analyze all of the
City's arterial corridors to upgrade the traffic signal interconnect systems with current
technology, and to create a modern traffic management center at City Hall. The
purpose of the City's request is to repair and improve all of the existing traffic signal
interconnect systems with modern systems that are capable of being remotely
monitored and have greater reliability. Associated with the project is traffic engineering
analysis to obtain existing traffic volume turning counts at key major intersections along
the interconnected corridors from which new updated traffic signal interconnect timing
plans can be prepared and implemented.
The Public Works Department's request to CVAG was for $1,843,000 in CMAQ federal
funds for an estimated $2,082,000 project, consistent with the CMAQ federal program
reimbursement rate of 88.53% of project costs.
CVAG received 28 requests for CMAQ funding from its member jurisdictions, requesting
a total of$30,610,112 in funding. The requests were evaluated by a Review Panel, and
the City's request was ranked in 8th place of the 28 requests received. The CVAG
Executive Committee subsequently approved the list of projects to receive CMAQ
funding, and the projects were later added to the Regional Transportation Improvement
Plan,
The Traffic Management Center and Citywide Traffic Signal Interconnect Project
requires the services of a professional traffic engineering firm to provide the analysis
required to upgrade the traffic signal interconnect systems and create a modern traffic
management center. The project budget estimated a design phase cost of $225,000 of
which the CMAQ funds will cover $199,000. Staff submitted a request for authorization
to proceed with the preliminary engineering phase to Caltrans who administers the
federal aid funds awarded to the City. The City's request was approved July 23, 2009,
The City operates under a "Master Agreement" with the state of California, identified as
the "Administering Agency — State Agreement No. 08-5282R" for use of federal funds
on City projects. The Master Agreement is amended by each successive use of federal
funds on a project, and upon the first "authorization" or obligation of the use of federal
funds on a project, the City is provided with a "Program Supplement Agreement", or
amendment, to the Master Agreement.
City Council Staff Report
September 2, 2009- Page 3
Program Supplement Agreement No. 031-N
In light of the City's authorization to proceed with the preliminary engineering phase of
this project using CMAQ federal funds, Caltrans has submitted to the City for approval
Program Supplement Agreement No. 031-N, which will facilitate the City's use of federal
funds for this project.
FISCAL IMPACT:
Approval of Program Supplement Agreement No. 031-N with Caltrans will formally
authorize the disbursement and use of up to $199,000 in federal-aid funds for the
design phase of the Traffic Management Center and Citywide Traffic Signal
Interconnect Project (City Project 08-04), Federal Aid Project No. CML-5282(031).
Submitted:
David J. Barakian Thomas J. WiISOK
Director of Public Works/City Engineer Assistant City Manager
Approved:
c 2��
David H. Ready v
City Manager
ATTACHMENTS:
1. Program Supplement Agreement No. 031-N
2. Resolution
ATTACHMENT
PROGRAM SUPPLEMENT AGREEMENT NO. 031-N
�S
PROGRAM SUPPLEMENT NO- NO2.8 Date:July 13, 2009
to Location:08-RTY-0-11SP
ADMINISTERING AGENCY-STATE AGREEMENT Project Number;CML-5282(031)
FOR FEDERAL-AID PROTECTS No. 08-5282R E.A. Number:OS-9251 13
This Prograin Supplement hereby incorporates the Administering Agency-State AT-cement foi Federal Aid which was entered into
between tlx Admutisloring Agency and the State on 02/07/07 and is subject to all the lenus and uondnions that This Progrunt
Supplement is executed in accordance with Article 1 of thu tilbrenlonuoned Tblastei Agreumont under authonty of Resolution No.
,approved by the AdnnniSterntg Agency on (Sec copy attached).
The Administering Agency funhet supulalcs that is a condition to the payment by State of any funds derived from seurces noted
below obligated to this project,the Administering A ency accepts and will eontply with the Special covenants or Remarks setfol7b
on the following pages
PROTECT LOCATION:
Throughout Palm Springs
TYPE OF WORK: Interconnect signals and new traffic management center at City f-Tall LENGTH: 0 (MILES)
Estimated cost Federal Funds Matching Funds
L400 S199,000.00 LOCAL OTHER
$225,000.00 $26,000.00 OOF
$0.00
CITY OF PALM SPRINGS STATE OF CALIFORNIA
Department of Transportation
By By
Dare Chief, Office of Project Implementation
Division of Loea1 Assistance
Attest
Date
Title
I hereby certify upon my personal knowledge thx t budgeted funds arc 4vaalablo for this encumbrance:
Accounting Officer �yf<-..�l,n-�='C.�/ pate
Chapter Stat-L•cp Item ✓ year Program ae c,to gory Fund Source xMMCnNT
268 2008 2660-102-890 2008-2009 20.30.010.820 C 262040 892-F 199,000,00
Program Supplement' 08-5252R-N029- INTER Page 1 of 30
Da-RIV-0-PSp 07/22/2009
CML-5282(031)
SPECIAL COVENANTS OR REMARKS
1. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
2. Award information shall be submitted by the ADMINISTERING AGENCY to the District
Local Assistance Engineer within 60 days after the project contract award. A copy of the
award package shall also be included with the submittal of the ADMINISTERING
AGENCY's first invoice for the construction contract to:
Department of Transportation
Division of Accounting
Local Programs Accounting Branch, MS #33
P. d. Box 942874
Sacramento, CA 94274-0001
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_
3. 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).
4. Any State and Federal funds that may have been encumbered for this project are only
available for disbursement for a period of five (5) years and seven (7) years, respectively,
from the start of the fiscal year(s) that those funds were appropriated within the State
Budget Act. All project funds not liquidated within these periods will revert unless an
executed Cooperative Work Agreement extending these dates is requested and is
approved by the California Department of Finance per Government Code Section 16304.
The exact date of each fund reversion will be reflected in the approved finance letter(s)
issued for this project.
Notwithstanding the unliquidated sums of project specific State and Federal funding
remaining and available to fund project work, any invoice for reimbursement that is not
submitted to the Department on or before 60 days after that applicable fixed fund
reversion date will not be paid from that fiscal year's encumbered funds because all of
these unexpended funds will be irrevocably reverted by the Department's Division of
Accounting on that date.
Pursuant to a directive from the State Controller's Office and the Department of Finance,
the last date to submit invoices for reimbursed work In each fiscal year is May 15th in
order for payment to be made out of those then current appropriations. Project work
performed and invoiced after May 15th will be reimbursed only out of available funding
that might be encumbered in the subsequent fiscal year, and then only when those funds
Program Supplement 08-5282R-N028- ISTEA Page 2 of 3
08-RIV-0-PSP 0712212009
CM L-5282(031)
SPECIAL COVENANTS OR REMARKS
are actually allocated and encumbered as authorized by the California Transportation
Commission and the Department's Accounting Office,
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,
and invoice payments for any on-going or future federal-aid 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.
6. 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).
7. 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-).
Program Supplement 08-5282R-N028- ISTEA Page 3 of 3
ATTACHMENT
RESOLUTION
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA APPROVING PROGRAM
SUPPLEMENT AGREEMENT NO. 031-N TO
ADMINISTERING AGENCY-STATE AGREEMENT FOR
FEDERAL-AID PROJECTS NO. 08-5282R WITH THE
STATE OF CALIFORNIA, IN THE AMOUNT OF $225,000
($199,000 CMAQ FEDERAL FUNDS / $26,000 GAS TAX
FUNDS), FOR THE TRAFFIC MANAGEMENT CENTER
AND CITYWIDE TRAFFIC SIGNAL INTERCONNECT
PROJECT, CITY PROJECT NO. 08-04, FEDERAL-AID
PROJECT NO. CML-5282(031), AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE AGREEMENT ON
BEHALF OF THE CITY OF PALM SPRINGS
WHEREAS, the City of Palm Springs has submitted to the California Department of
Transportation a request for authorization to proceed with the preliminary engineering
phase of the Traffic Management Center and Citywide Traffic Signal Interconnect
Project, requiring obligation of$199,000 of CMAQ federal-aid funds; and
WHEREAS, the California Department of Transportation has prepared Program
Supplement Agreement No. 031-N, an amendment to administering Agency-State
Agreement No. 08-5282R with the state of California, obligating $199,000 of Congestion
Mitigation and Air Quality ("CMAQ") federal-aid funds for the Traffic Management
Center and Citywide Traffic Signal Interconnect Project (City Project 08-04), Federal Aid
Project No. CML-5282(031).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. Program Supplement Agreement No. 031-N, an amendment to
administering Agency-State Agreement No. 08-5282R with the state of California,
obligating $199,000 of CMAQ federal-aid funds for the Traffic Management Center and
Citywide Traffic Signal Interconnect Project (City Project 08-04), Federal Aid Project No.
CML-5282(031), is approved.
SECTION 2. The City Manager is authorized to execute and administer the Program
Supplement Agreement as may be necessary.
Resolution No.
Page 2
ADOPTED THIS 2nd day of September, 2009.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No, is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on September 2, 2009, by the
following vote:
AYES:
NOES.
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California