HomeMy WebLinkAbout1D1City Council Staff Re()orl DATE: March 25, 2021 CONSENT CALENDAR SUBJECT: APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. N038 REV. 2, WITH THE STATE OF CALIFORNIA, FOR USE OF HIGHWAY BRIDGE PROGRAM (HBP) FUNDS FOR THE SOUTH PALM CANYON DRIVE OVER TAHQUITZ CREEK, CITY PROJECT NO. 12-02, FEDERAL AID PROJECT NO. BRLS 5282(042). FROM: David H. Ready, City Manager BY: Development Services Department SUMMARY: Approval of Program Supplement Agreement No. N038 Rev. 2 will formally authorize the reimbursement of $299,321, in additional federal aid funds for the Preliminary Engineering (PE) phase of the South Palm Canyon Drive Over Tahquitz Creek, City Project No. 12-02, Federal Aid Project No. BRLS 5282(042), (the "Project"). RECOMMENDATION: 1. Adopt Resolution No. __ "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. N038 REV. 2 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECT NO. 08-5282R, WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $299,231 FOR THE SOUTH PALM CANYON DRIVE BRIDGE OVER TAHQUITZ CREEK, FEDERALLY-FUNDED PROJECT NO. BRLS 5282 (042), CITY PROJECT NO. 12-02"; and, 2. Authorize the City Manager to execute all necessary documents. BACKGROUND: On February 22, 2012, the City approved a professional services agreement with CNS Engineers, Inc., to develop a bridge advance planning study, and Highway Bridge Program ("HBP") funding application for rehabilitation/widening or replacement of the existing S. Palm Canyon Drive Bridge (Bridge 56C0408) at Tahquitz Creek. CNS subsequently completed the study and the funding application, requesting over $6 Million in federal Highway Bridge Program ("HBP") funds for the project. The existing S. Palm Canyon Drive Bridge (Bridge 56C0408) is eligible for funding under the HBP, which is ITEMNO. \\) -------
2City Council Staff Report March 25, 2021 --Page 2 Approve Supplemental Agreement CP 12-02 administered by the state of California Department of Transportation ("Caltrans"). The HBP federal funds cover 88.53% of eligible project costs, requiring an 11.4 7% local match. South Palm Canyon Drive Bridge is on the federal Eligible Bridge List (EBL) as it has a low Sufficiency Rating (SR) of 37 .1 and is flagged "Structurally Deficient (SD)". Given that the aged bridge was built in 1930 and its SR is well below 50.0, a complete bridge replacement is considered. In addition, the new replacement bridge will be slightly elevated and the existing arch shape soffit will be redesigned and straightened to enhance the channel flow capacity. The proposed structural improvements will bring the bridge width in compliance with standard lane/shoulder/sidewalk width to match roadway approaches. The S. Palm Canyon Drive Bridge replacement project was included in the 2014/15 -2019/20 Highway Bridge Program with a total of $9,170,000 for all phases. On September 18, 2013, and on August 24, 2017 Caltrans authorized the City to proceed with the Preliminary Engineering ("PE") Phases of this project and on August 11, 2018, Caltrans authorized the City to proceed with the Right of Way (R/W) Phase of this project. A map of where this project is located is shown in Figure 1 below. GI 1 S PALM CANYON DR ______ _.9[j SUNNY~~+ ~D . j W SUNNY DUNE;, RD L s PALM CANYON J Figure 1. Project Location Ul I ----......--525 S NNY DU ES RD
3City Council Staff Report March 25, 2021 --Page 3 Approve Supplemental Agreement CP 12-02 STAFF ANALYSIS: 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-aid funds on City projects. The Master Agreement is amended by each successive use of federal funds on a project, and upon 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. On November 20, 2013, the City Council approved a Program Supplemental Agreement N038 to the Master Agreement with Caltrans to formally authorize reimbursement of up to $787,032 in federal funds for the PE phase of the Project. On November 14, 2018, the City Council approved supplemental agreement N038 Rev.1 that authorized up $1,117,249 in federal-aid funds for PE and $743,652 in federal-aid funds for the R/W phase. A copy of the Program Supplement Agreement No. N038 Rev. 2 is included in Attachment 1. Caltrans requires that the City adopt a Resolution approving the Program Supplement Agreement, included as Attachment 2. ENVIRONMENTAL IMPACT: Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). In accordance with the CEQA Guidelines, the City acting as "Lead Agency" pursuant to CEQA, previously completed an environmental analysis of the potential impacts resulting from construction of the Project. On April 5, 2017, the City Council adopted Resolution No. 24201, approving and ordering the filing of a Mitigated Negative Declaration for the Project. Subsequently, on April 7, 2017, staff filed a Notice of Determination with the Riverside County Clerk and State Clearinghouse. This project is funded, in part, by federal funds, requiring local oversight by the State of California, Department of Transportation ("Caltrans"). As a federally funded project, the project is subject to environmental review pursuant to the National Environmental Policy Act ("NEPA"). On May 3, 2017, Caltrans, acting as the lead agency pursuant to NEPA, made an environmental determination that the project does not individually or cumulatively have a significant impact on the environment as defined by NEPA and is excluded from the requirements to prepare an Environmental Assessment ("EA") or Environmental Impact Statement ("EIS"), and that it qualifies for a Categorical Exclusion in accordance with 23 CFR 771.117(c). FISCAL IMPACT: Approval of Program Supplement Agreement No. N038 Rev. 2 with Caltrans will formally authorize the disbursement and use of up to an additional $299,321 in federal-aid funds
4City Council Staff Report March 25, 2021 --Page 4 Approve Supplemental Agreement CP 12-02 for the PE phases of the South Palm Canyon Bridge Replacement over Tahquitz Creek, (City Project No. 12-02), Federal Aid Project No. BRLS-5282 (042). The Project is funded through Federal and Local sources, with 88.53% from the federal Highway Bridge Program (HBP), and 11.47% from local match, which is expected to come from Coachella Valley Association of Governments (CVAG) Regional Measure "A". The CVAG funds will cover 75% of the local match requirements, with the City of Palm Springs Local Measure "A" funds covering the remaining 25% of the local match. Updated total project costs are estimated to be approximately $9,508,000 as summarized in Table 1: Table 1 Phase Federal HBP CVAG Regional Palm Springs Totals Funds Measure A Local Measure A Preliminary $1,416,480 $137,640 $45,880 $1,600,000 Engineering Right-of-Way $743,652 $72,261 $24,087 $840,000 Construction $6,257,300 $608,025 $202,675 $7,068,000 Totals $8,417,432 $817,926 $272,642 $9,508,000 It is important to note that the City's total cost for delivering this project is limited to $272,642 of the total cost of $9,508,000 (or 2.9%) due to the federal funding awarded to the City by Caltrans through the Highway Bridge Program, and the Regional Measure A funding approved by CVAG for the Project. SUBMITTED: ~nn ~~gg, ~J ~ Director of Development Services Attachments: 1. Program Supplement Agreement 2. Resolution Marcus L. Fuller, MPA, PLS, PE Assistant City Manager
5Attachment 1
6PROGRAM SUPPLEMENT NO. N038 Rev. 2 to ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO 08-5282R Adv Project ID Date: March 3, 2021 0814000037 Location: 08-RIV-0-PSP Project Number: BRLS-5282(042) E.A. Number: Locode: 5282 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 02/07/07 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: South Palm Canyon Drive over Tahquitz Creek, Br. No. 56C-0408 TYPE OF WORK: Bridge replacement Estimated Cost $2,440,001.00 CITY OF PALM SPRINGS By Title Date Attest Federal Funds M240 $787,032.00 2001 $330,217.00 0120 $545,181.37 L 1CE $198,470.63 Z0E1 $299,231.00 LOCAL $279,869.00 LENGTH: 0.0(MILES) Matching Funds OTHER $0.00 STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Date-------------I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer Date $2.160.132.00 Program Supplement 08-5282R-N038~R2-ISTEA Page 1 of 7
708-RIV-0-PSP BRLS-5282(042) 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 11Authorization 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 STA TE-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 STA TE'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 1he current Local Assistance Procedures Manual. F. Administering Agency shall not discriminate on the basis of race1 religion, age, disability, color, national origin, or sex in the award and performance of any J=:ederal-Program Supplement 08-5282R-N038-R2-ISTEA Page 2 of 7
808-RIV-0-PSP B RLS-5282(042) 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 Agreementt 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 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 Department1s 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 Program Supplement 08-5282R-N038-R2-ISTEA Page 3 of7
908-RIV-0-PSP B RLS-5282(042) 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 ~hall 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/lCRPs 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 STA TE. E. ST ATE 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 ST A TE 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 ST ATE 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, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be Program Supplement 08-5282R-N038-R2-ISTEA Page 4 of7
1008-RIV-0-PSP BRLS-5282(042) SPECIAL COVENANTS OR REMARKS 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 200t 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 ST A TE 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 shaU 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 ADMINISTERING AGENCY1s annual audit and in the schedule of projects to be Program Supplement 08-5282R-N038-R2-ISTEA Page 5 of 7
1108-RIV-0-PS P BRLS-5282(042) SPECIAL COVENANTS OR REMARKS 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. 3. In the event that right of way acquisition for or construction of this project of the initial federal authorization for preliminary engineering is not started by the close of the tenth fiscal year following the fiscal year in which the project is authorized, the ADMINISTERING AGENCY shall repay the Federal Highway Administration through Caltrans the sum of Federal funds paid under the terms of this agreement. 4. Appendix E of the Title VI Assurances (US DOT Order 1050.2A) During the performance of this agreement the ADMINISTERING AGENCY, ADMINISTERING AGENcv·s contractors and subcontractor, (hereinafter referred to as the "contractor0) agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to: Pertinent Nondiscrimination Authorities: A. Title VI of the Civil Rights Act of 1964 {42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601 ), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); C. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.). (prohibits discrimination on the basis of sex); D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as amended, {prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by Program Supplement 08-5282R-N038-R2-ISTEA Page 6 of 7
1208-RIV-0-PSP BRLS-5282(042) SPECIAL COVENANTS OR REMARKS expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not); H. Titles II and m of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems1 places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex).; J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against min_ority populations by discouraging programs! policies! and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); L. Title IX of the Education Amendments of 1972, as amendedt which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Program Supplement 08-5282R-N038-R2-ISTEA Page 7 of 7
13Attachment 2
14RESOLUTION NO. --A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. N038 REV. 2 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECT NO. 08-5282R, WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $299,231 FOR THE SOUTH PALM CANYON DRIVE BRIDGE OVER TAHQUITZ CREEK, FEDERALLY-FUNDED PROJECT NO. BRLS 5282 (042), CITY PROJECT NO. 12-02. WHEREAS, the Congress of the United States has enacted the lntermodal Surface Transportation Efficiency Act (ISTEA) of 1991 and subsequent Transportation Authorization Bills to fund transportation programs; and WHEREAS, the Legislature of the State of California has enacted legislation by which certain federal-aid funds may be made available for use on local transportation related projects of public entities qualified to act as recipients for these federal-aid funds in accordance with the intent of federal law; and WHEREAS, before federal-funds will be made available for a specific program project, the City of Palm Springs and State of California are required to enter into an agreement to establish terms and conditions applicable to the City of Palm Springs when receiving federal funds for a designated project facility and to the subsequent operation and maintenance of that completed facility; and WHEREAS, the City of Palm Springs has submitted to the California Department of Transportation a request for additional funding for the Preliminary Engineering phase of the South Palm Canyon Drive Bridge over Tahquitz Creek, City Project No. 12-02, Federal Aid Project No. BRLS-5282(042), requiring obligation of $299,231 in federal-aid funds; and WHEREAS, the California Department of Transportation has prepared Program Supplement Agreement No. N038 Rev. 2, to the current Master Agreement, Administering Agency-State Agreement No. 08-5282R with the State of California, obligating $299,231 of federal-aid funds for the South Palm Canyon Drive Bridge over Tahquitz Creek, City Project No. 12-02, Federal Aid Project No. BRLS-5282(042). THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Progran:, Supplement Agreement No. N038 Rev. 2 to Administering Agency -State Agreement No. 08-5282R, with the State of California, obligating $299,231 of federal-aid funds for the South Palm Canyon Drive Bridge over Tahquitz Creek, City Project No. 12-02, Federal Aid Project No. BRLS-5282(042) is hereby approved.
15Resolution No. Page2 SECTION 2. The City Manager is hereby authorized to execute and administer the Program Supplement Agreement No. N038 Rev. 2 as may be necessary. ADOPTED THIS 25TH DAY OF MARCH 2021. David H. Ready, City Manager ATTEST: Anthony J. Mejia, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, ANTHONY MEJIA, 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 March 25, 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Anthony J. Mejia, City Clerk City of Palm Springs, California