HomeMy WebLinkAbout6/16/2010 - STAFF REPORTS - 2.I. �pF.LMSp4
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City Council Staff Report
Date: June 16, 2010 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 VISTA CHINO AT FARRELL DRIVE STREET IMPROVEMENTS,
CITY PROJECT NO. 09-11, FEDERAL-AID PROJECT NO, CML-
5282(037)
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 $40,000 in federal-aid funds for the preliminary engineering
phase of the Vista Chino at Farrell Drive Street Improvements (City Project 09-11),
Federal Aid Project No. CML-5282(037).
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 $45,183 ($40,000 CMAQ
FEDERAL FUNDS / $5,183 TRAFFIC MITIGATION FEES), FOR THE VISTA
CHINO AT FARRELL DRIVE STREET IMPROVEMENTS, CITY PROJECT NO.
09-11, FEDERAL-AID PROJECT NO. CML-5282(037), 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.
STAFF ANALYSIS:
On March 30, 2009, the Coachella Valley Association of Governments ("CVAG")
Executive Committee approved a Call for Projects for CVAG and its member
ITEM NO, ��
City Council Staff Report
June 16, 2010- Page 2
Program Supplement Agreement No. 031-N
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 response, on May 11, 2009, the Public Works and Engineering Department
responded to CVAG's Call for Projects for CMAQ funding, requesting consideration of
funding to design and construct a new northbound dedicated right-turn lane on Farrell
Drive at Vista Chino. Currently, the Vista Chino/Farrell Drive intersection is configured
with two through lanes and one left turn lane for northbound traffic. A high volume of
northbound traffic turns east (right) onto Vista Chino at the intersection, especially
during peak hours. Through traffic waiting at the traffic signal in the right hand through
lane frequently delay long queues of traffic. The construction of a dedicated right-turn
lane will allow eastbound traffic to avoid a long queue of vehicles waiting to proceed
through the intersection that are waiting for the traffic signal.
The Public Works Department's request to CVAG was for $426,980 in CMAQ federal
funds for an estimated $482,300 project, consistent with the CMAQ federal program
reimbursement rate of 88.53% of project costs.
CVAG received 17 requests for CMAQ funding from its member jurisdictions, requesting
a total of $10,714,773 in funding; (only $2,180,000 in funding was available). The
requests were evaluated by a Review Panel, and the Review Panel recommended
approval of only 7 requests (one of which was the City's project). On December 7,
2009, the CVAG Executive Committee subsequently approved the list of projects to
receive CMAQ funding, however, a slight reduction in the amount of funding originally
requested was required to fund the 7 requests recommended. CVAG approved a total
of$409,317 in CMAQ funding for our project, ($17,663 less than we requested).
This project requires the services of a professional civil engineering firm to prepare the
plans and specifications to construct the new right-turn lane, and associated
modification of the traffic signal. The project budget estimated a design phase cost of
$45,183 of which the CMAQ funds will cover $40,000. 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
May 5, 2010.
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.
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.
City Council Staff Report
June 16. 2010 - Page 3
Program Supplement Agreement No. 031-N
FISCAL IMPACT:
Approval of Program Supplement Agreement No. 031-N with Caltrans will formally
authorize the disbursement and use of up to $40,000 in federal-aid funds for the design
phase of the Vista Chino at Farrell Drive Street Improvements (City Project 09-11),
Federal Aid Project No- CML-5282 (037). The local match for the engineering phase is
being provided by traffic mitigation fees collected from developers in special project
traffic mitigation account 160-4510-60076 (Farrell/Vista Chino N/B Lane),
SUBMITTED-
Prepared by: Recommended by:
Marcus L. Fuller David J- Barakian
Assistant Director of Public Works Director of Public Works/City Engineer
Approved by:
Thomas J. Wilson, Asst. City Manager David H. Ready, C ager
ATTACHMENTS:
1. Program Supplement Agreement No. 031-N
2. Resolution
PROGRAM SUPPLEMENT NO- N031 Date:Mzry 17, 2010
to I,Qc ation:08-RI V-0-1'SP
A➢MINISTERING AGENCY-STATE AGREEMENT Project Number;C'ML-5287(037)
FOR FEDERAL-AID PROJECTS NO. 08-5282R E.A. Number:08-925182
'IIIia Prograur Sapplem ell l Ile Iehy incorporates the Administering Ag ell cv-State An,reemenl for Fcdcr I Aid which was entered rota
between the Administering,Agency and the State on 02/07/07 and is subject to all the tens raid conditions thercol. This 1'rogruu
Su pplcrnent is executed in accordance with Article I of the. kiforein en Lioned Master Agreement under authority of Resolution No.
approved by the Administering Agency on (See copy attached).
The Administcriug Agency further stipulates that as a condition to the payment by State of any funds derived from sources noted
below obligated Lu this pro'ject,the Administering Agency accepts and will comply with the. Special covenants or Remarks setforth
oil the following pages.
PROJECT LOCATION:
In Coachella.Valley in City of palm Springs-Farrell Dr/SR1 l I (Vista Chinn Rd)lutemection
TYPE OF WORA: Construct separate RT lane on NB Farrell Dr incl modify traffic signal LENGTH: D (MILES)
Estimated Cost Federal Funds Matching Funds
1_40F S40,000.00 LOCAL OTHER
$45,183,00 $5,1.83.00 $0.00 $0.00
CITY OF PALM SPRINGS STATE OF CALIFORNIA
Department of Transportation
By 9y
Chief, office of Project Implementation
Date Division of Local Assistance
Attest Date
Title
I hexaby certify upon my personal knowledge that bud need funds are available for this encumbrance:
Accounting Officer ;��'.. ( � ,C��C; Date b40,000.00
Chan
t ei St atu[ee Item I Yaar Program HC Category pug+� Source AMOIINT
2009 2000-102.890 2009.2010 20.30,010.820 C: 202040 892.-F 40,000.00
Program Supplement 08-5282R-NO31- ISTEA Pa 1 of
08-RIV-0-PSP 05/24/2010
CM L-5282(037)
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• 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,
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,
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
Administering Agency certifies that NO members of the elected board, council, or other
5
Program Supplement 08-5282R-N031- ISTEA Page 2 of 3
L
08-RIV-O-PSP 05/24/2010
C M L-5282(037)
SPECIAL COVENANTS OR REMARKS
key decision makers are on the Federal Government Excluded Parties List System
(EPLS).
6. Award information shall be submitted by the ADMINISTERING AGENCY to the District
Local Assistance Engineer within 60 days of project contract award or with the submittal
of the ADMINISTERING AGENCY's first invoice for the construction contract, whichever
is earlier.
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.
7. 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.
6
Program Supplement 08-5282R-NO31- ISTEA Page 3 of 3
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 $46,183
($40,000 CMAQ FEDERAL FUNDS / $5,183 TRAFFIC
MITIGATION FEES), FOR THE VISTA CHINO AT
FARRELL DRIVE STREET IMPROVEMENTS, CITY
PROJECT NO. 09-11, FEDERAL-AID PROJECT NO. CML-
5282(037), 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 Vista Chino at Farrell Drive Street Improvements (City Project 09-11),
requiring obligation of $40,000 of CMAQ federal-aid funds; and
WHEREAS, the California Department of Transportation has prepared Program
Supplement Agreement No. 031-N to administering Agency-State Agreement No. 08-
5282R with the state of California, obligating $40,000 of Congestion Mitigation and Air
Quality ("CMAQ") federal-aid funds for the Vista Chino at Farrell Drive Street
Improvements (City Project 09-11), Federal Aid Project No. CML-5282 (037).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. Program Supplement Agreement No. 031-N to administering Agency-
State Agreement No. 08-5282R with the state of California, obligating $40,000 of CMAQ
federal-aid funds for the Vista Chino at Farrell Drive Street Improvements (City Project
09-11), Federal Aid Project No. CML-5282 (037), 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 16th day of June, 2010.
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 June 16, 2010, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California