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Home My WebLink AboutC29760 CalTrans Program Supplement Agreement Number 008-N for Traffic Signal System InterconnectContract No. C29760 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: APPROVE PROGRAM SUPPLEMENT AGREEMENT NO. 008-N FOR CONGESTION MITIGATION AND AIR QUALITY FUNDS BETWEEN THE CITY OF PALM DESERT AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE TRAFFIC SIGNAL SYSTEM INTERCONNECT PROJECT (CONTRACT NO. C29760) AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ADVERTISE THE PROJECT FOR BIDS (PROJECT 553-99) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works DATE: October 13, 2011 CONTENTS: Letter from California Department of Transportation Program Supplement Agreement No. 008-N Recommendation By Minute Motion: 1. Approve Program Supplement City of Palm Desert and the Transportation (Caltrans); and Agreement No. 008-N between the State of California Department of 2. Authorize the Mayor to execute same; and 3. Authorize the Director of Public Works to advertise the project for bids. Background 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. With the approval, the City proceeded with the development of the Traffic Signal System Interconnect project. The plans and specifications were completed, and the project was sent to Caltrans Local Assistance for the authorization to proceed with construction. The City has now received the authorization to proceed with construction from Caltrans. However, prior to advertising the project for bid, the Program Supplement Agreement must be executed by the Mayor. The Program Supplement Agreement outlines the overall parameters for the federal funding the City will receive from Caltrans for the Staff Report Approve City -State Program Supplement Agreement 008-N (Contract No. C29760) October 13, 2011 Page 2of2 construction work specific to this project. The total project cost is estimated to be $753,000, and this agreement provides for CMAQ funding in the amount of $748,000. Therefore, the City's net cost would be $5,000. Upon execution of the Program Supplement Agreement, authorization to advertise for bids is requested. The signal interconnect project will connect conduit and fiber optic cable to complete the traffic signal communication system in the core of the city. Fiscal Analysis Approval of this agreement will allow the City to receive Federal CMAQ funds for the Traffic Signal System Interconnect project. The total project cost, which is estimated to be $753,000, must initially be paid by the City. Upon completion of the project, an invoice will be submitted to Caltrans for reimbursement of $748,000 resulting in a net cost to the City of $5,000. If the actual cost of the project exceeds the $753,000 estimate, the additional amount will be paid for by the City. If the project cost is less than the estimate, the City's cost will still be $5,000, and the CMAQ funds will cover the remainder. Prepared By: rk Diercks, P.E. Tra ortation Engineer Paul S. Gibson, Director of Finance Departm Mark Green ood, P.E. Director ofPublic Works CITY COUNCILA�TION APPROVED / DENIED RECEIVED 011,11FIR MEETING DATE i C- --- �� AYES: + iL krnnnCia� n M. Wohlmuth, City Manager NOES: Q ABSENT: fvone ABSTAIN: b----- VERIFIED BY: K �� Original on File with City Clerl ffiee G:\PubWorks\Staff Reports\2011\October 13\03 Approve Supplement No 008-N Traffic Signal Interconnect P553-99\SR Approve Program Supplement Agreement 553-99.doc STATE OF CALIFORNIA. BUSINESS,TRANSPORTATION AND HOUSING AGENCY EDMUND G. BROWN Jr. Governor DEPARTMENT OF TRANSPORTATION Division of Local Assistance 1120 N STREETN� P.O. BOX 942874, MS# 1 i Sacramento, CA 94274-0001 TTY 711 (916) 654-3151 (r! _;rP 21 A : 01 Fax (916) 653-7621 File: 08-RIV-0-PDST September 24, 2011 Mr. Mark Greenwood Director of Public Works/City Engineer City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn: Mr. Mark Diercks Dear Mr. Greenwood: 4 CML-5414(009) County Club Drive, Hovley Lane, Fred Waring Drive, Monterey Avenue, Portola Avenue, Cook Stre( Enclosed are two originals of the Program Supplement Agreement No. 008-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, RAY ZHANG, Chief Office of Project Implementation - South Division of Local Assistance Enclosure c: DLA AE Project Files (08) DLAE - Savat Khamphou PROGRAM SUPPLEMENT NO. N008 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 08-5414 k Adv Project ID Date: August 29, 2011 0800020274 Location: 08-RIV-0-PDST Project Number: CML-5414(009) E.A. Number: 08-925138 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: County Club Drive, Hovley Lane, Fred Waring Drive, Monterey Avenue, Portola Avenue, Cook Street - TYPE OF WORK: Interconnect and synchronize traffic signals & (NP) relocate TS LENGTH: 5.0(MILES) Master Computer Estimated Cost Federal Funds Matching Funds L40E $748,000.00 LOCAL OTHER $753,000.00 $5,000.00 CITY OF PALM DESERT STATE OF CALIFORNIA Department of Transportation $0.00 By - ---- _ - By Title Chief, Office of Project Implementation Division of Local Assistance Date - - -_ Date --- -- Attest --- hereby certify upon mypersonalknowledge that budgeted funds are available for this encumbrance: iy Accounting Officer '"Y�_(.i•<�� Date'�_2��'-� 1 Chapter Statutes Item Year Program BC Category Fund Source $748.000.00 AMOUNT Program Supplement 08-5414-N008- 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 CONTRACT AMOUNT: $748,000.00 PROCUREMENT TYPE: Local Assistance TE PREPARED: 8/29/2011 REQUISITION NUMBER / CONTRACT NUMBER: 081200000063 Page _t_ of _1_ PROJECT NUMBER: 0800020274 ADA Notit 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 C M L-5414(009) SPECIAL COVENANTS OR REMARKS 08/29/2011 The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 2. This project must be in conformity with the National ITS Architecture, adhere to ITS Standards and undergo Systems Engineering. 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• 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. 5. 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 Program Supplement 08-5414-N008- ISTEA Page 2 of 3 08-RIV-0-PDST C M L-5414(009) SPECIAL COVENANTS OR REMARKS seq.). 08/29/2011 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. 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. 8. 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-N008- ISTEA Page 3 of 3