HomeMy WebLinkAboutPW Canal Active Transporation Experience Improvements Project Funding Agreement____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: September 16, 2024
Disposition: Resolution 15344
Agenda Item No: 4.f
Meeting Date: September 16, 2024
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Grey Melgard, Associate Civil Engineer
April Miller, Public Works Director
City Manager Approval: __________
TOPIC: CANAL ACTIVE TRANSPORTATION EXPERIENCE IMPROVEMENTS PROJECT
FUNDING AGREEMENT
SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE
A PROGRAM SUPPLEMENT AGREEMENT WITH CALTRANS TO RECEIVE STATE
FUNDS
RECOMMENDATION:
Adopt a resolution approving and authorizing the City Manager to execute a Program Supplement
Agreement with the California Department of Transportation (Caltrans) for $158,000 in Active
Transportation Program (ATP) funds for the Canal Active Transportation Experience Improvements
Project (the “Project”).
BACKGROUND:
The Project will provide pedestrian, bicycle, and transit enhancements in the Canal Neighborhood.
Pedestrian enhancements include curb ramp upgrades, sidewalk gap closures, corridor lighting
improvements, and uncontrolled crosswalk enhancements. Bicycle improvements include constructing
bicycle boulevard treatments and adding secure bicycle parking. Transit improvements include adding
transit shelter enhancements at several existing stops and constructing a new transit stop along a high-
use transit route. The total project cost is estimated to be approximately $5,154,000, of which 80%
($4,123,000) will be funded by the ATP funds.
The Active Transportation Program (ATP) was created by Senate Bill 99 to encourage increased use of
active modes of transportation, such as biking and walking. The program aims to increase the proportion
of trips accomplished by biking and walking, improve the safety and mobility of non-motorized users,
advance efforts to achieve greenhouse gas reduction goals, enhance public health, and provide a broad
spectrum of projects to benefit many types of users, including disadvantaged communities.
ANALYSIS:
In March 2022, the California Transportation Commission (CTC) approved the ATP Cycle 6 guidelines,
and the Metropolitan Transportation Commission (MTC) released the call for projects for the Regional
ATP. The City of San Rafael applied for $4,123,000 of funding for the Project through the Regional ATP,
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
and on January 25, 2023, MTC adopted the ATP Cycle 6 program of projects, which included the Canal
Active Transportation Experience Improvements Project. The State approved the City’s entire grant
request for $4,123,000 as part of the ATP Cycle 6A.
In June 2024, the City received a letter from Caltrans confirming the allocation of State funds from ATP
for $158,000 for the preliminary engineering phase of the Project. A resolution stating the authorized
signee for the Program Supplement Agreement with Caltrans and an executed Program Supplement
Agreement are required to receive ATP funds. Future ATP grant fund allocations for the design and
construction phases will occur following the completion of the preliminary engineering phase.
COMMUNITY OUTREACH:
Outreach for the Project has been conducted largely through the 2022 Community-Based Transportation
Plan. Engagement included coordination with a Technical Advisory Committee and a resident
Stakeholder Committee, two surveys, a series of focus groups, and a Community Open House. Key
issues highlighted by the community included: access to locations immediately surrounding the Canal
neighborhood, safety and comfort, difficulties for pedestrian travel within the Canal neighborhood, and
transit access between the Canal neighborhood and other locations in the Bay Area.
The City of San Rafael will continue to coordinate with community-based organizations including, the
Canal Alliance and Voces del Canal, San Rafael City Schools District, transit agencies, Safer Routes to
Schools, Bicycle and Pedestrian Committee, and community members to seek their input on the Project.
ENVIRONMENTAL DETERMINATION:
This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in
accordance with CEQA Guidelines Section 15378(b)(5), in that the action does not meet CEQA's
definition of a “project,” because the action does not have the potential for resulting in either a direct
physical change in the environment or a reasonably foreseeable indirect physical change in the
environment. The required CEQA review and clearance will be conducted as part of the preliminary
engineering and environmental planning phase of design.
FISCAL IMPACT:
If the City Council adopts this resolution, the City would be able to receive and use $158,000 in ATP
funds for the preliminary engineering phase of the Project. The Canal Active Transportation Experience
Improvements Project (City Project Number 11446) was identified in the Fiscal Year 2024-25 Capital
Improvement Program. Appropriations totaling $197,000 for the preliminary engineering phase of the
Project were included in the Fiscal Year 2024-25 Budget (Gas Tax Fund - #206) approved by the City
Council on June 17, 2024. These appropriations included the $158,000 in ATP funds and an additional
$39,000 in local match funds.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Adopt the resolution as recommended.
2. Do not adopt the resolution and provide direction to staff.
RECOMMENDED ACTION:
Adopt a resolution approving and authorizing the City Manager to execute a Program Supplement
Agreement with the California Department of Transportation (Caltrans) for $158,000 in Active
Transportation Program (ATP) funds for the Canal Active Transportation Experience Improvements
Project.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
ATTACHMENTS:
1. Resolution to execute Program Supplement Agreement with Caltrans
2. Exhibit A to the Resolution – Administering Agency - State Agreement
1
RESOLUTION NO. 15344
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER
TO EXECUTE A PROGRAM SUPPLEMENT AGREEMENT WITH CALTRANS TO RECEIVE
STATE FUNDS
WHEREAS, the City of San Rafael is eligible to receive State funding for the Canal Active
Transportation Experience Improvements Project through the California Department of
Transportation (Caltrans); and
WHEREAS, a Program Supplement Agreement must be executed with the California
Department of Transportation before such funds may be claimed; and
WHEREAS, the City of San Rafael wishes to delegate authorization to execute the
agreement and any amendments thereto to the City Manager; and
WHEREAS, Caltrans requires the City Council to adopt a resolution authorizing the
execution of the agreement between Caltrans and the City of San Rafael to ensure receipt of the
funds; and
NOW, THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the City
Manager to execute the Program Supplement Agreement, attached hereto as Exhibit A, and any
amendments thereto with the California Department of Transportation.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution
was duly and regularly introduced and adopted at a regular meeting of the City Council of said
City on the 16th day of September 2024, by the following vote, to wit:
AYES: COUNCILMEMBERS: Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Bushey
Lindsay Lara, City Clerk
00000A683
FOR STATE FUNDED PROJECTS NO 04-5043S21
0424000421
August 20, 2024
04-MRN-0-SRF
ATPL-5043(047)
5043
This Program Supplement, effective 06/28/2024, hereby adopts and incorporates into the Administering Agency-State
Agreement No. 04-5043S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY
and the STATE with an effective date of 10/31/2023 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 encumbered to this project, Administering Agency accepts and will comply with the Special
Covenants and remarks set forth on the following pages.
The Canal neighborhood in San Rafael bounded by I-580, Hwy 101, Bellam Blvd and the San
Rafael Creek
Pedestrian enhancements, bicycle blvd treatments & transit
upgrades on 20 streets in the Canal area
0.0(MILES)
State FundsEstimated Cost Matching Funds
CITY OF SAN RAFAEL
By ________________________________By ________________________________
Title _______________________________
Date _______________________________
Attest _______________________________Date _______________________________
Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer _______________________Date _______________
PROGRAM SUPPLEMENT NO.
to
ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:
Location:
Project Number:
E.A. Number:
Locode:
PROJECT LOCATION:
TYPE OF WORK:LENGTH:
LOCAL OTHER
$197,000.00 $39,000.00 $0.00
Chief, Office of Project Implementation
STATE OF CALIFORNIA
Department of Transportation
$158,000.00
$158,000.00STATE
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08/27/2024
SPECIAL COVENANTS OR REMARKS
04-MRN-0-SRF
ATPL-5043(047)
1.A. This PROJECT will be administered in accordance with the applicable CTC STIP
guidelines and the Active Transportation Program guidelines as adopted or amended, the
Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines
(LAPG), and this PROGRAM SUPPLEMENT.
B. This PROJECT is programmed to receive State funds from the Active Transportation
Program (ATP). Funding may be provided under one or more components. A component(s)
specific fund allocation is required, in addition to other requirements, before reimbursable
work can occur for the component(s) identified. Each allocation will be assigned an effective
date and identify the amount of funds allocated per component(s).
This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible
PROJECT expenditures for the component(s) allocated. Unless otherwise determined, the
effective date of the component specific allocation will constitute the start of reimbursable
expenditures.
C. STATE and ADMINISTERING AGENCY agree that any additional funds made available
by future allocations will be encumbered on this PROJECT by use of a STATE-approved
Allocation Letter and STATE Finance Letter. ADMINISTERING AGENCY agrees that STATE
funds available for reimbursement will be limited to the amount allocated by the California
Transportation Commission (CTC) and/or the STATE.
D. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve
supplementary allocations, time extensions, and fund transfers between components. Funds
transferred between allocated project components retain their original timely use of funds
deadlines, but an approved time extension will revise the timely use of funds criteria for the
component(s) and allocation(s) requested. Approved supplementary allocations, time
extensions, and fund transfers between components made after the execution of this
PROGRAM SUPPLEMENT will be documented and considered subject to the terms and
conditions thereof.
Documentation will consist of a STATE approved Allocation Letter, Fund Transfer Letter,
Time Extension Letter, and Finance Letter, as appropriate.
E. This PROJECT is subject to the timely use of funds provisions enacted by the Active
Transportation Program guidelines, as adopted or amended, and by approved CTC and State
procedures as outlined below.
Funds allocated for the environmental & permits (E&P), plan specifications & estimate
(PS&E), and right-of-way components are available for expenditure until the end of the
second fiscal year following the year in which the funds were allocated.
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Funds allocated for the construction component are subject to an award deadline and contract
completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6
months of the construction fund allocation and to complete and accept the construction within
36 months of award.
F. Award information shall be submitted by the ADMINISTERING AGENCY to the District
Local Assistance Engineer immediately after 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 of invoices for the construction phase.
G. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits (E&P),
plans specifications & estimate (PS&E), and right-of-way costs no later than 180 days after
the end of last eligible fiscal year of expenditure. For construction costs, the
ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to
make the final payment to the contractor prepare the final Report of Expenditures and final
invoice, and submit to STATE for verification and payment.
H. 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 LAPM and the Active
Transportation Program (ATP) Guidelines.
I. ADMINISTERING AGENCY indirect costs, as defined in 2 CFR, Part 200, Uniform
Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, to
be claimed must be allocated in accordance with an Indirect Cost Allocation Plan (ICAP),
submitted, reviewed, and approved in accordance with Caltrans Audits and Investigations
requirements which may be accessed at: www.dot.ca.gov/hq/audits/.
ADMINISTERING AGENCY agrees to comply with, and require all sub-recipients and project
sponsors to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost
Principles and Audit Requirement for Federal Awards, and all applicable Federal and State
laws and regulations.
ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors
will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal
Acquisition Regulations System, Chapter 1, Part 31, et seq., and all applicable Federal and
State laws and regulations, shall be used to determine the allowability of individual PROJECT
cost items.
Any Fund expenditures for costs for which ADMINISTERING AGENCY has received
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payment or credit that are determined by subsequent audit to be unallowable under 2 CFR,
Part 200, or 48 CFR, Chapter 1, Part 3, are subject to repayment by ADMINISTERING
AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse Funds due STATE
within 30 days of demand, or within such other period as may be agreed in writing between
the Parties hereto, STATE is authorized to intercept and withhold future payments due
ADMINISTERING AGENCY from STATE or any third-party source, including, but not limited
to, the State Treasurer, the State Controller, and the California Transportation Commission.
J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to
comply with all reporting requirements in accordance with the Active Transportation Program
guidelines, as adopted or amended.
K. This PROJECT has received funds from Active Transportation Program (ATP). The
ADMINISTERING AGENCY agrees to administer the project in accordance with the CTC
Adopted SB1 Accountability and Transparency Guidelines.
2.The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope
of work presented in the application and approved by the California Transportation
Commission. Any changes to the approved PROJECT scope without the prior expressed
approval of the California Transportation Commission are ineligible for reimbursement and
may result in the entire PROJECT becoming ineligible for reimbursement.
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