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11/1/2017 - STAFF REPORTS - 1.L.
�QALMsp4 � c u � 'ro„no City Council Staff Report DATE: November 1, 2017 CONSENT CALENDAR SUBJECT: APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. F047, WITH THE STATE OF CALIFORNIA FOR USE OF CONGESTION MITIGATION AND AIR QUALITY (CMAQ) FEDERAL-AID FUNDS FOR CLASS II AND CLASS III BICYCLE LANES, CITY PROJECT NO. 14-14, FEDERAL-AID PROJECT NO. CML-5282 (044) FROM: David H. Ready, City Manager BY: Engineering Services Department SUMMARY Approval of Program Supplement Agreement No. F047 will formally authorize the reimbursement of up to $401,926 in federal-aid funds for the Construction phase of the Class II and Class III Bicycle Lanes, City Project No. 14-14, Federal Aid Project no. CML-5282 (044), (Project). RECOMMENDATION: Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. F047 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282F15 WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $401,926 FOR USE OF CONGESTION MITIGATION AND AIR QUALITY (CMAQ) FEDERAL-AID FUNDS FOR CLASS II AND CLASS III BICYCLE LANES, CITY PROJECT NO. 14-14, FEDERAL-AID PROJECT NO. CML-5282 (044); AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS;" STAFF ANALYSIS: In October 2013, the Coachella Valley Association of Governments (CVAG) Executive Committee took action to develop a Call for Projects for the Congestion Mitigation and Air Quality (CMAQ) funds apportioned to the Salton Sea Air Basin under Moving Ahead for Progress in the 21 st Century (MAP-21) Funds. In December 2013, CVAG Executive Committee approved the release of a Call for Projects for CMAQ fund programming. City Council Staff Report November 1, 2017 - Page 2 Program Supplement Agreement No. F047 (CP 14-14) CMAQ is a federal program that funds transportation projects and programs in air quality nonattainment and maintenance areas to help achieve and maintain national standards for air quality pollutants. CMAQ projects can be generally classified in one of the following categories: • Transit Improvements • Shared-Ride Services • Traffic Flow Improvements • Inspection and Maintenance Programs • Bicycle and Pedestrian Programs In April 2014, the City responded to CVAG's Call for Projects funded through the federal CMAQ grant program and requested $402,000 (88.53%) with a local agency match of $52,000 (11.47%) for the installation of Class II and Class III bicycle lanes throughout the city of Palm Springs. This request for grant funding included Class II and Class III bicycle lanes consistent with the Non-Motorized Transportation Master Plan (NMTMP) developed by CVAG wherein the City Council adopted in 2011 as the Palm Springs Bikeway Map and incorporated into the 2007 Palm Springs General Plan Amendment. The City's application was among 25 proposals submitted to CVAG totaling $21,526,277. The total amount of available CMAQ funds was $14,363,784. CVAG Executive Committee recommended funding for the top 8 ranked non-signal synchronization projects totaling approximately $6.6 Million. A second group of regional signal synchronization projects that utilize some or the entire remaining CMAQ fund balance of $7.7 Million. The city submitted two projects for consideration that successfully placed among the top 8 ranked non-signal synchronization projects recommended for CMAQ funding: 1. Gene Autry and Vista Chino Second Left Turn Lane (CMAQ Award $246,200) 2. Class II and Class III Bicycle Lanes (CMAQ Award $402,000) A copy of the Class II and Class III Bicycle Lanes award letter is included as Attachment 1. Staff will return in the near future to review with Council the proposed Class II and Class III bicycle lanes prior to issuing a request for bids. Program Supplement Agreement—F047 As a condition of CMAQ grant award, the California Department of Transportation (Caltrans) now requires agencies to meet key delivery deadlines. The City has received its Authorization to Proceed with Construction, meeting the last milestones per the award letter. As part of Authorization for Funding, the City of Palm Springs and the State of California is required to enter into standard agreements in order to receive federal funding. 02 City Council Staff Report November 1, 2017 - Page 3 Program Supplement Agreement No. F047 (CP 14-14) 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. In light of the City's authorization to proceed with the Construction phase of the Project using federal CML funds, Caltrans has submitted to the City approval of a Program Supplement Agreement No. F047 which will continue to facilitate the City's use of federal funds for the Project. A copy of the Program Supplement Agreement No. F047 is included in Attachment 2 that consists of the letter from Caltrans requesting approval of the Program Supplement Agreement. ENVIRONMENTAL IMPACT: Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (CEQA). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment, and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 "Existing Facilities," Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities; therefore, the Class II and Class III Bicycle Lanes, City Project No. 14-14, is considered categorically exempt from CEQA, and a Notice of Exemption has been prepared and filed with the Riverside County Clerk. A copy of the CEQA Notice of Exemption is included as Attachment 3. The Project is partially funded by federal funds, requiring local oversight by Caltrans. As a federally funded project, the Project is subject to environmental review pursuant to the National Environmental Policy Act (NEPA). On July 23, 2015, 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 there are no unusual circumstances pursuant to Section 6004 of 23 CFR 771.117(b). On the basis of this determination under federal delegation pursuant to Chapter 3 of Title 23, United States Code, Section 326 and a Memorandum of Understanding (MOU) dated June 7, 2013, executed between the Federal Highway Administration (FHWA) and the State of California, Caltrans has determined that the Project qualifies for a Categorical Exclusion in accordance with 23 CFR 771.117(c) pursuant to activity (c)(3). On November 7, 2016, an environmental Re-Validation was approved by Caltrans for the Project proceeding to the next major federal approval. Copies of the NEPA Categorical Exclusion and the environmental Re-Validation forms are included as Attachment 4. � 3 City Council Staff Report November 1, 2017 - Page 4 Program Supplement Agreement No. F047 (CP 14-14) FISCAL IMPACT: Approval of Program Supplement Agreement No. F047 with Caltrans will formally authorize the disbursement and use of up to $401,926 in federal-aid funds for the Project. These funds will be allocated to the Capital Project Fund (Fund 261) in Account No. 261-4491-59469. SUBMITTED: Thomas Garcia, P.E. Marcus L. Fuller, MPA, P.E., P.L.S. City Engineer Assistant City Manager David H. Ready, Es . City Manager Attachments: 1. CMAQ Award Letter 2. Program Supplement Agreement F047 3. CEQA Notice of Exemption 4. NEPA Notice of Exemptions 5. Resolution 04 ATTACHMENT 1 05 -777777777 i W.,OACHELLA VALLEY AssociATION OFGOVERNMENTS 73-7io Fred Waring Dr.,Suite 2oo,Palm Desert, . . September 2, 2014 CITY Y N RANi EG E4 x. CVAG City of Palm Springs Attn: David Ready, City Manager CI`y OF PALM SPRINGS 3200 East Tahquitz Way Palm Springs, California 92262 RE: Award f Ill 21 CMAQ Funds for Projects 1016 and 1017 Dear eady: In follow up to action taken by the Coachella Valley Association of Government's CVAG Executive Committee, on July 28t', I would like to extend my heartiest congratulations to the City of Coachella on the award of MAP 21 CMAQ funds for the two projects you submitted: Project 1016: Second left Turn Lane on North Bound Gene Autry Trail at Vista Chino (Hwy 111)—CMAQ Award: $246,200 Project 1017: City of Palm Springs Bicycle Lanes —CMAQ Award: $402,000 Both Projects 1016 and 1017 were ranked by CVAG's Review Panel as in the'Top 8"out of the sixteen (16) projects recommended for federal funding. CVAG has forwarded your approved projects to the Riverside County Transportation Commission (RCTC)for processing. Here are the general next steps in the process: 1. An amendment to the 2015 Federal Transportation Improvement Program (FTIP A-1) has been submitted to the Southern California Association of Governments (SCAG)and approval is anticipated for sometime in late December 2014/mid January 2015. Your projects are included for this federal approval 2. As soon as the 2015 FTIP and 2015 FTIP A-1 are approved by both SCAG and the Federal Highways Administration (FHWA), you will receive an approval letter(s)from RCTC Programming Staff Analyst, Eric Deflate with additional instructions and project listings; 3. Following RCTC's approval letter, Federal Project Number(FPN)forms must be completed and submitted to Caltrans District 8. Caltrans will then submit your completed forms to FHWA and they will assign an FPN to each project. The general turnaround time for the FPN is one (1)to three(3)months. CITY OF BLYTHE•CITY OF CATHEDRAL CITY•CITY OF COACHELLA•CITY OF DESERT HOT SPRINGS•CITY OF INDIAN WELLS CITY OF INDIO•CITY OF LA QUINTA•CITY OF PALM DESERT•CITY OF PALM SPRINGS•CITY OF RANCHO MIRAGE COUNTY OF RIVERSIDE AGUA CALIENTE BAND OF CA14UILLA INDIANS•CABAZON BAND OF MISSION INDIANS Letter to David Ready Page 2 of 2 Pages September 2,2014 Should you have any questions, feel free to contact my staff, Aurora Wilson, at CVAG.at(760) 346-1127 or awilsonAcvag.org. Again, congratulations to the City of Palm Springs. i i Sincerely, Tom Kirk Executive Director bb. Savat Ktiar phou,Asst..IN Public Works, - Enc DeHate,RCTC 07 I CVAG ATTACHMENT 2 08 STATE OF CALIFORNIA-CALIFORNIA STATE TRANSPORTATION AGENCY EDMUND G.BROWN Jr.,Governor ..... DEPARTMENT OF TRANSPORTATION Division of Local Assistance ,s 1120 N STREET rah P.O.BOX 942874,MS#1 Sacramento,CA 94274-0001 RECEIVED TTY 711 (916)654-3883 SEP 1 2017 Fax(916)654-2408 File:08-RIV-0-PSP Y: ............................. CML-5282(044) September 12,2017 Portions of San Rafael Drive,Farrell Drive,Mesquite Avenue,Camino Real,La Verne Way,Avenida Cabal Mr.Savat Khamphou Assistant City Engineer/Assistant Public Works Director City of Palm Springs 3200 E.Tahquizt Canyon Way Palm Springs, CA 92262 Dear Mr. Khamphou: Enclosed are two originals of the Program Supplement Agreement No. 047-F to Administering Agency-State Agreement No. 08-52821715 and an approved Finance Letter for the subject project. Please retain the signed Finance Letter for your records. 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 90 days from the receipt of this letter. If the signed Agreements are not received back in this office within 90 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 OFFICIAL AUTHORIZED TO EXECUTE THE AGREEMENT ON THE AGENCY'S BEHALF. 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. The State budget authority supporting the encumbered funds is only available for liquidation up to specific deadlines. These deadlines are shown on the attached Finance letter as the "Reversion Date". Please ensure that your invoices are submitted at least 60 days prior to the reversion date to avoid any lapse of funds. If your agency is unable to seek reimbursement by this date you may request an extension through a Cooperative Work Agreement(CWA). A CWA is subject to the final approval of the State Department of Finance. If approved, the CWA may extend the deadline for up to two years. Your prompt action is requested. If you have questions,please contact your District Local Assistance Engineer. Sincerely, 4 JOHN HOOLE,Chief Office of Project Implementation-South Division of Local Assistance Enclosure c:DLA AE Project Files (08)DLAE-David Lee 09 DEPARTMENT OF TRANSPORTATION FINANCE LETTER Date: 09/08/2017 EA No: DIVISION OF ACCOUNTING D_CO RT: 08-RIV-0-PSP LOCAL PROGRAM ACCOUNTING BRANCH Project No: CML-5282(044) Adv Project Id: 0815000143 Attention: City of Palm Springs Period of Performance End Date: 0 35 /2019 Agreement End Date, 02/28/2021 __ f s ......... M LUMP SUM WORK b*` 7Yd at ,cosT DF FEa T : FEOERAi os. Ds M COST i Z400 Contract Items: $359,000 h' Cantinaendes: $36.000 ", • ,," Totat: 5395 Construction E Pro Rate 3395.000. $395.000. 08.53Yi j s3a8.es3, ti43, T;ttq WOO I I Agency GOn5trUC#lOn Pro Rats s59,000 s59.000. 68.53% $52 233. 36,T67. S049 s454,000tl i s 0.00% + seot.� oi4 Totals: , Participation Ratio: 100.00% This Finance Letter was created based on specific financial information provided by the responsible local agency.The fallowing encumbrance history is prefiFed by Local Assistance Accounting Office and is provided here for local agency's information and action- ' Signature: For questions regarding finance letter,contact: Title: HO Local Assistance Area Engineer Printed Name: Adam Ambrosini Telephone No: (916)653-3840 Remarks: SCAG TIP ID RIV140818. Based on agency-submitted finance letter dated 6106/17 for construction Reimbursement ratio=88 53% .... ACCOUNTING INFORMATION CML-5282(044t _ .-..---�"" Cooperative Work Agreement i „ADV. PROJECT ID PROP. STATE PROG. FEDiSTATE ENCUMBRANCE APPROP EXPENDITURE ENCUMBRANCE REVERSION APPROVED EXPIRATION UNIT AMOUNT YEAR AMOUNT BALANCE DATE = AMOUNT DATE 0ti15000143 �17102E 2030010E20 F 3401 92b.00 1617 50.00 5401 920.00 € 06/30/22 f'°► Page 1 of 1 STATE OF CALIFORNIA.DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF(REV 0112010) Page m TO STATE CONTROLLER'S OFFICE DATE PREPARED PROJECT NUMBER Claims Audits 8/3012017 0815000143 3301"C"Street,Rm 404 REQUISITION NUMBER I CONTRACT NUMBER Sacramento,CA 95816 RQS-2660-081800000129-i FROM. Department of Transportation SUBJECT Encumbrance Document VENDOR/ LOCAL AGENCY CITY OF PALM SPRINGS $401,926.00 PROCUR M NTTYPE Local Assistance CHAPTER STATUTES ITEM YEAR PECIPECT TASKISUBTASK AMOUNT 23 2016 2660-102-0890 2016-2017 20.30.010.820 2620/0400 $401,926.00 TOTAL CONTRACT AMOUNT $401,926.00 ADA Notice Records individuals with sensory disabilities,this document is avalable in alternate formats For information ca'1(915)654-6410 of TDD(916)-3880 or write Records and Forms Management,1120 N Street,MS•89,Sacramento,CA 95814 PROGRAM SUPPLEMENT NO. F047 Adv Project ID Date: August 30, 2017 to 0815000143 Location: 08-RIV-0-PSP ADMINISTERING AGENCY-STATE AGREEMENT i Project Number: CML-5282(044) FOR FEDERAL-AID PROJECTS NO 08-5282F15 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 11/14/16 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: Portions of San Rafael Drive, Farrell Drive, Mesquite Avenue,Camino Real, La Verne Way,Avenida Caballeros,and Crossley Road TYPE OF WORK: Class I[and Class III bicycle lanes LENGTH:6.3(MILES) Estimated—Cost Federal Funds Matching Funds Z400 $401,926.00 LOCAL OTHER $454,000.00. $52,074.0C $0.00 CITY OF PALM SPRINGS STATE OF CALIFORNIA Department of Transportation By By - Title Chief, Office of Project Implementation Date Division of Local Assistance Attest Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer Date _At 11 $401.926.00 ti Chapter Statutes Item Year Program 1 BC Category Fund Source AMOUNT ............. �.... — W. .................... Program Supplement 08-5282FI 5-F047-ISTEA Page 1 of 6 12 08-RIV-0-PSP 08/30/2017 CML-5282(044) 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 "Authorization 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 STATE-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 STATE'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 the current Local Assistance Procedures Manual. F. 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- Program Supplement 08-5282F15-F047-ISTEA Page 2 of 6 13 08-RIV-0-PSP 08130/2017 CML-5282(044) 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 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.). 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 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. 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 08-5282F15-F047-ISTEA Page 3 of 8 14 08-RIV-0-PSP 08/30/2017 CML-5282(044) 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 shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall 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/ICRPs 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 STATE. E. STATE 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 STATE 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 STATE 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, Program Supplement 08-5282F15-F047-ISTEA Page 4 of 6 4 - ' 5 i 08-RIV-0-PSP 08/30/2017 CML-5282(044) SPECIAL COVENANTS OR REMARKS 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be 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 200, 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 STATE 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 shall 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 Program Supplement 08-5282F15-F047-ISTEA Page 5 of 6 16 08-RIV-0-PSP 08/30/2017 CML-5282(044) SPECIAL COVENANTS OR REMARKS ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200. O. 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 (0] 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 ®, C, F, H, I, K, and L under Section 2 of this agreement. Program Supplement 08-5282F15-F047-ISTEA Page 6 of 6 17 ATTACHMENT 3 18 s - Print Form Notice of Exemption Appendix E To: Office of Planning and Research From:(Public Agency): City of Palm Springs P.O. Box 3044, Room 113 3200 E.Tahquitz Canyon Way Sacramento,CA 95812-3044 Palm Springs, CA 92262 County Clerk ............ County of: Riverside (Address) P.O.Box 751 Riverside,CA 92502-0751 Project Title: Bicycle Lanes CP 14-14 Project Applicant: City of Palm Springs Project Location-Specific: Throughout the City of Palm Springs along the following streets: Indian Canyon Drive,San Rafael Drive,Via Escuela,S.Palm Canyon Drive,and Crossley Road. Project Location-City: Palm Springs Project Location-County: Riverside Description of Nature,Purpose and Beneficiaries of Project: The Work comprises the construction of bicycle lanes along various streets throughout the City.The work includes removal and replacement of existing traffic striping,pavement markers,installation of thermoplastic bike lane lines,markings,crosswalks,signs,and curb painting. Name of Public Agency Approving Project.City of Palm Springs Name of Person or Agency Carrying Out Project.City of Palm Springs Exempt Status: (check one): ❑ Ministerial(Sec.21080(b)(1); 15268); ❑ Declared Emergency(Sec.21080(b)(3); 15269(a)); ❑ Emergency Project(Sec.21080(b)(4);15269(b)(c)); 10 Categorical Exemption.State type and section number: 15301 (c)&(0 Existing Facilities ❑ Statutory Exemptions.State code number: Reasons why project is exempt: This is a project that will add safety enhancements by installing bicycle lane lines,markings,and signs in conjunction with existing facilities. Lead Agency Savat Khamphou (760)323-8253 Contact Person. Area Code/Telephone/Extension. If filers by appliaa t: 1.Attach certi i doc en exe ion finding. 2. Has a Noti f E p b ited by the public agency approving the project?. ❑Yes 0 No Signature: Date: 08/10/2014 Title: Assistant City Engineer 0 Signed by Lead Agency❑Signed by Applicant Authority cited:Sections 21083 and 21110,Public Resources Code. Date Received for filing at OPR: Reference:Sections 21108,21152,and 21152.1,Public Resources Code. FILED / POSTED County of Riverside Peter Aldana Assessor-County Clerk-Recorder E-201500869 of I 09/08/2015 11:47 AM Fee: $ 6.00 Pageol r 14 2015 Remove eyi Deauty 1111RNM; TUF11111,� 19 ATTACHMENT 4 2o CATEGORICAL EXEMPTION/CATEGORICAL EXCLUSION DETERMINATION FORM 08-Riv-Palm Springs CIVIL 5282 044 Dist.-Co:Rte, or Local Agency) P.M./P,M. E.A/Pro'ect No. Federal-Aid Project No, Local Project)/Project No. PROJECT DESCRIPTION:(Briefly describe project including need,purpose,location,limits,right-of-way requirements,and activities involved in this box,Use Continuation Sheet,it necessa Construct Class II and Class III bicycle lanes along the following streets:Crossly Rd.from 34t11 Ave.to Ramon Rd;S.Palm Canyon Dr. from Murray Canyon Dr.to Belardo Rd.:San Rafael Dr.from Indian Canyon Dr.to Sunrise Way;Indian Canyon Dr.from Racquet Club Dr.to Sunrise Pkwy;and Via Escuela from Sunrise Way to Gene Autry Tr.The work will include removal and replacement of existing traffic striping and adding bike lane markings and signage.The additional bike lanes will connect cyclists to already existing routes that lead to the work place. CEQA COMPLIANCE (for State Projects onty) Based on an examination of this proposal and supporting information,the following statements are true and exceptions do not apply (See 14 CCR 15300 et seq.): • If this project falls within exempt class 3,4,5,6 or 11,it does not impact an environmental resource of hazardous or critical concern where designated,precisely mapped and officially adopted pursuant to law. • There will not be a significant cumulative effect by this project and successive projects of the same type in the same place,over time. • There is not a reasonable passibility that the project will have a significant effect on the environment due to unusual circumstances. • This project does not damage a scenic resource within an officially designated state scenic highway. • This project is not located on a site included on any list compiled pursuant to Govt.Code§65962.5(Cortese List"). • This project does not cause a substantial adverse change in the significance of a historical resource. CALFRANS CEQA DETERMINATION (Check one) ❑ Exempt by Statute.(PRC 21080[b];14 CCR 15260 et seq.) Based on an examination of this proposal,supporting information,and the above statements,the project is: ❑ Categorically Exempt.Class . (PRC 21084;14 CCR 15300 et seq.) ❑ Categorically Exempt General Rule exemption.[This project does not fall within an exempt class,but it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment(CCR 15061[b)[3].) N/A N/A Print Name:Environmental Branch Chief Print Name:Project Manager/DI A Engineer NIA NIA Signature Date Signature Date NEPA COMPLIANCE In accordance with 23 CFR 771.117,and based on an examination of this proposal and supporting information,the State has determined that this 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 • has considered unusual circumstances pursuantto 23 CFR 771.117(b): CALTRANS NEPA DETERMINATION (Check one) 23 USC 326: The State has determined that this project has no significant impacts on the environment as defined by NEPA,and that there are no unusual circumstances as described in 23 CFR 771.117(b).As such,the project is categorically excluded from the requirements to prepare an environmental assessment or environmental impact statement under the National Environmental Policy Act.The State has been assigned,and hereby certifies that it has carried out the responsibility to make this determination pursuant to Chapter 3 of Title 23,United States Code,Section 326 and a Memorandum of Understanding dated June 07,2013, executed between the FHWA and the State.The State has determined that the project is a Categorical Exclusion under: ®23 CFR 771.117(c):activity(c)L3-) ©23 CFR 771.117(d):activity(d)(_) ❑Activity_ listed in Appendix A of the MOU between FHWA and the State ❑ 23 USC 327: Based on an examination of this proposal and supporting information,the State has determined that the project is a CE under 23 USC 327. Aaron P.Burton '' rrj C f,,r Print NameE iron ntal C of Print Name:Project M ager/DtA Engineer '7 Signa ure V1 Date Signature ate Date of Categorical Exclusion Checklist completion:7-22-15 Date of ECR or equivalent:7-22-15 Briefly list environmental commitments on continuation sheet. Reference additional information,as appropriate(e.g.,CE checklist, additional studies and design conditions). February 12,2014 Page I of 2 ? 1 CATEGORICAL EXEMPTION/CATEGORICAL EXCLUSION DETERMINATION FORM Continuation Sheet 08-Riv-Palm Springs CML 5282 044 Dist.-Co.-Rte. or Local AgenaL RM./P.M. E.A/Project No. Federal-Aid Project No.(Local ProjtSL)[Project No. Continued from page 1: CULTURAL STUDIES 1. If buried cultural resources are encountered during construction, it is Caltrans policy that work stop in that area until a qualified archaeologist can evaluate the nature and significance of the find. 2. In the event that human remains are found, the county coroner shall be notified and ALL construction activities within 50 feet of the discovery shall stop. Pursuant to Public Resources Code Section 5097.98, if the remains are thought to be Native American, the coroner will notify the Native American Heritage Commission (NAHC)who will then notify the Most Likely Descendent(MLD). The person who discovered the remains will contact the District 8 Division of Environmental Planning-Gabrielle Duff, DEBC: (909)383-6933 and Gary Jones, DNAC: (909)383-7505. Further provisions of PRC 5097.98 are to be followed as applicable. AIR 1. The Contractor must implement and follow Fugitive Dust Control Best Management Practices (BMP's). Standard Specifications 2010: Section 14-9; Air Quality 2. Implement and follow Erosion Control and Air Quality Best Management Practices(BMP's). Standard Specifications 2010: Section 14-9: Air Quality, Section 13: Water Pollution Control and Section 21: Erosion Control. NOISE 1. The contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to contract. Standard Specifications 2010: Section 14-8.02: Noise and Vibration. 2. Each internal combustion engine, used for any purpose on the job or related to the job,shall be equipped with a muffler of a type recommend by the manufacturer. No internal combustion engine shall be operated on the project without the muffler. Standard Specifications 2010: Section 14-8.02: Noise and Vibration. PERMITS No Permits are required for this project. February 12,2014 Page 2 of 2 22 NEPAICEQA RE-VALIDATION FORM DIST./CO.IRTE. 8-Riv-Palm Springs PM/PM N/A E.A.or Fed-Aid Project CML 5282(044) No. Other Project No.(specify) N/A PROJECT TITLE Palm Springs Bike Path Project ENVIRONMENTAL 326 CE APPROVAL TYPE DATE APPROVED 7/23/2015 Check reason for consultation: REASON FOR ❑Project proceeding to next major federal approval CONSULTATION ®Change in scope,setting,effects,mitigation measures,requirements (23 CFR 771.129) ❑3-year timeline(EIS only) ❑N/A Re-Validation for CEQA only) DESCRIPTION OF Briefly describe the changed conditions or new information on page 2.Append continuation CHANGED CONDITIONS sheet(s)as necessary. Include a revised Environmental Commitments Record(ECR)when applicable. NEPA CONCLUSION-VALIDITY Based on an examination of the changed conditions and supporting information:[Check ONE of the three statements below, regarding the validity of the original document/determination(23 CFR 771.129).If document is no longer valid,indicate whether additional public review is warranted and whether the type of environmental document will be elevated.] ❑ The original environmental document or CE remains valid. No further documentation will be prepared. ® The original environmental document or CE is in need of updating;further documentation has been prepared and ®is included on the continuation sheet(s)and® is attached.With this additional documentation,the original ED or CE remains valid. Additional public review is warranted(23 CFR 771.111(h)(3)) Yes❑ No ❑ The original document or CE is no longer valid. Additional public review is warranted(23 CFR 771.111(h)(3)) Yes❑ No❑ Supplemental environmental document is needed. Yes❑ No❑ New environmental document is needed. Yes❑ No❑ (if"Yes,"specify type: ) CONCURRENCE WITKNEPA CONCLUSION I COn the=�Cjove. -�, 1 7 1 Signature:Environmental Branch Chief Date Signature: Pr6jd'ct Manager/DUE CEQA CONCLUSION:(Only mandated forprojects on the State Highway System.) Based on an examination of the changed conditions and supporting information,the following conclusion has been reached regarding appropriate CEQA documentation:(Check ONE of the five statements below,indicating whether any additional documentation will be prepared,and if so,what kind,if additional documentation is prepared,attach a copy of this signed form and any continuation sheets.) ❑ Original document remains valid. No further documentation is necessary. i ❑ Only minor technical changes or additions to the previous document are necessary. An addendum has been or will be ❑ prepared and is ❑ included on the continuation sheets or ❑ will be attached. It need not be circulated for public review.(CEQA Guidelines,§15164) ❑ Changes are substantial,but only minor additions or changes are necessary to make the previous document adequate. A Supplemental environmental document will be prepared,and it will be circulated for public review. (CEQA Guidelines,§15163) ❑ Changes are substantial,and major revisions to the current document are necessary. A Subsequent environmental document will be prepared,and it will be circulated for public review.(CEQA Guidelines,§15162) (Specify type of subsequent document,e.g.,Subsequent FEiR) ❑ The CE is no longer valid. New CE is needed. Yes❑ No❑ d CONCURRENCE WITH CEQA CONCLUSION 1 concur with the CEQA conclusion above. NiA N/A Signature:Environmental Branch Chief Date Signature:Project Manager/DLAE Date 4 Page 1 of Revised June 2016 23 f i I NEPA/CEQA RE-VALIDATION FORM CONTINUATION SHEET(S) Address only changes or new information since approval of the original document and only those areas that are applicable. Use the list below as section headings as they apply to the project change(s). Use as much or as little space as needed to adequately address the project change(s)and the associated impacts, minimization, avoidance and/or mitigation measures, if any. Changes in project design, e.g.,scope change;a new alternative;change in project alignment On 7/23/2015 Caltrans approved the NEPA 23 USC 326 CE for 5282(044). The scope of work cleared is as follows: "Construct Class II and Class III bicycle lanes along the following streets: Crossley Rd. from 34`'Ave. to Ramon Rd; S. Palm Canyon Dr.from Murray Canyon Dr.to Belardo Rd.; San Rafael Dr.from Indian Canyon Dr.to Sunrise Way;Indian Canyon Dr. from Racquet Club Dr.to Sunrise Pkwy;and Via Escuela from Sunrise Way to Gene Autry Tr. The work will include removal and replacement of existing traffic striping and adding bike lane markings and signage. The additional bike lanes will connect cyclists to already existing routes that lead to the work place." The scope of work remains the same as was approved in the original CE;however,the Class II and Class III bicycle lanes will now be placed throughout the city along the following roadways: • San Rafael Dr.from Palm Canyon Drive to Sunrise Way • Farrell Dr.from Ramon Rd.to Tahquitz Canyon Way • Mesquite Ave.from Sunrise Way to Compadre Road. • La Verne Way from South Palm Canyon Dr.to East Palm Canyon Drive. • Camino Real from East Palm Canyon Dr.to La Verne Way • Crossley Rd. from Ramon Rd.to 34�h Avenue. • Avenida Caballeros from Alejo Rd.to Tahquitz Canyon Way Changes in environmental setting, e.g., new development affecting traffic or air quality; None Changes in environmental circumstances, e.g., a new law or regulation;change in the status of a listed species. None Changes to environmental impacts of the project, e.g., a new type of impact, or a change in the magnitude of an existing impact. None Changes to avoidance, minimization,and/or mitigation measures since the environmental document was approved. None Changes to environmental commitments since the environmental document was approved, e.g., the addition of new conditions in permits or approvals. When this applies, append a revised Environmental Commitments Record(ECR)as one of the Continuation Sheets. None Page 2 of 2 Revised June 2016 '„Q Environmental Commitments Record Date: 1/- 7-2t6 ENVIRONMENTAL COMMITMENTS RECORD NEPA CE Project Phase: Construction of Class II and Class III Bike Paths ®PA/ED(DED/FED) FED I-Palm Springs ❑PS&E Submittal FED El Construction CIVIL 5282 044 Environmental if applicable, Analysis Source corresponding Environmental Technical Study, Responsible for construction Page ( y Development Action(s) Com Ilance g Environmental p provision: #in Document,and/or and/or (standard, Taken to Avoidance,Minimization, Env. Technical Implementation Timing/ special,non- Implement Measure Completed and/or Mitigation Measures I Doc. I Discipline) of Measure I Phase I standard Measure Date and Initials Remarks YES NO Cultural Resources CR-1:If buried cultural Standard on RE/Contractor Construction Standard Contact Gabrielle Duff resources are encountered Projects. Specifications (909)383-6933 or Gary during construction,it is 2010: Jones(909)383-7505. Caltrans policy that work Section: stop In that area until a 14-2.02A qualified archaeologist can Archeological evaluate the nature and Resources: significance of the find. General. CR-2: In the event that Standard on RE/Contractor Construction Standard Contact Gabrielle Duff human remains are found, Projects. Specifications (909)383-6933 or Gary the county coroner shall be 2010: Jones(909)383-7505. notified and ALL construction activities within Section: 50 feet of the discovery shall 14-2.02A stop.Pursuant to Public Archeological Resources Code Section Resources: 5097.98,if the remains are General. thought to be Native American,the coroner will Health&Safety notify the Native American Code 7050.5& Heritage Commission Public Resource (NAHC)who will then notify Code 5097 the Most Likely Descendent (MLD).The person who discovered the remains will llfatc:. r� cn Environmental Commitments Record Date: rl- -:zUl6 ENVIRONMENTAL COMMITMENTS RECORD NEPA CE Project Phase: Construction of Class 11 and Class III Bike Paths ®PA/ED(DED/FED) FED I-Palm Springs ElPS&E Submittal FED El Construction CIVIL 5282 044 Environmental If applicable, Analysis Source corresponding Environmental Responsible for construction Page (Technical Study, Development Com Iiance g Environmental P provision: Action(s) #in Document,and/or and/or (standard, Taken to Avoidance,Minimization, Env. Technical Implementation Timing/ special,non- Implement Measure Completed and/or Mitigation Measures Doc. Discipline) of Measure Phase standard Measure Date and Initials Remarks YES NO contact the District 8 Division of Environmental Planning;Gabrielle Duff, DEBC:(909)383-6933 and Gary Jones,DNAC:(909)383- 7505.Further provisions of PRC 5097.98 are to be followed as applicable. Air Quailly AQ-1 The Contractor must Standard on RE/Contractor Construction Standard Implement and follow Projects. Specifications Fugitive Dust Control Best 2010: Section Management Practices 14-9: Air Quality (BMP's). AQ-2 Implement and follow Standard on RE/Contractor Construction Standard . Erosion Control and Air Projects. Specifications Quality Best Management 2010: Practices(BMPs). Section 14-9: Air Quality, Section 13: Water Pollution Control and Section 21: Erosion Control. 2111os rJ Environmental Commitments Record Date: ;/-7-;Zni6 NEPA LE ENVIRONMENTAL COMMITMENTS RECORD Project Phase: Construction of Class 11 and Class III Bike Paths ®PA/ED(DED/FED) 08-Riv-Palm Springs ❑PS&E Submittal FED ID: ❑Construction CML 5282 044 Environmental If applicable, Analysis Source corresponding (Technical Study, Responsible for construction Environmental al Page Environmental Development provision: Action(s) #in Document,and/or and/or (standard, Taken to Avoidance,Minimization, Env. Technical Implementation Timing[ special,non- Implement Measure Completed and/or Mitigation Measures Doc. I Discipline) of Measure I Phase I standard) I Measure Date and Initials Remarks 1 YES NO Noise Noise-1 The contractor shall Standard on RE/Contractor Construction Standard comply with all local sound Projects. Specifications control and noise level rules, 2010: Section regulations and ordinances 14-8.02: Noise that apply to any work and Vibration. performed pursuant to contract. Noise-2 Each internal Standard on RE/Contractor Construction Standard combustion engine,used for Projects. Specifications any purpose on the job or 2010: Section related to the job,shall be 14.8.02: Noise equipped with a muffler of a and Vibration. type recommend by the manufacturer. No internal combustion engine shall be operated on the project without the muffler. Biological Resources NO PERMITS ARE REQUIRED FOR THIS PROJECT. 311'aga rJ ATTACHMENT 5 a RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. F047 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282F15 WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $401,926 FOR USE OF CONGESTION MITIGATION AND AIR QUALITY (CMAQ) FEDERAL-AID FUNDS FOR CLASS 11 AND CLASS III BICYCLE LANES, CITY PROJECT NO. 14- 14, FEDERAL-AID PROJECT NO. CML-5282 (044); AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS WHEREAS, the Congress of the United States has enacted the Intermodal 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 authorization to proceed with the construction phase of the Class II and Class III Bicycle Lanes, City Project No. 14-14, Federal Aid Project No. CML-5282 (044), requiring obligation of $401,926 of Congestion Mitigation and Air Quality ("CMAQ") federal-aid funds; and WHEREAS, the California Department of Transportation has prepared Program Supplement Agreement No. F047 to the current Master Agreement, Administering Agency — State Agreement No. 08-5282F15 with the state of California, obligating $401,926 of federal-aid funds for the Class II and Class III Bicycle Lanes, City Project No. 14-14, Federal Aid Project No. CML-5282 (044). THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: 19 Resolution No. Page 2 SECTION 1. Program Supplement Agreement No. F047 to Administering Agency — State Agreement No. 08-5282F15, with the state of California, obligating $401,926 of federal-aid funds for the Class II and Class III Bicycle Lanes, City Project No. 14-14, Federal Aid Project No. CML-5282 (044) is hereby approved. SECTION 2. The City Manager is hereby authorized to execute and administer the Program Supplement Agreement No. F047 as may be necessary. ADOPTED THIS 1 st day of November, 2017. David H. Ready, City Manager ATTEST: Kathleen D. Hart, Interim City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, KATHLEEN D. HART, Interim 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 November 11, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Kathleen D. Hart, Interim City Clerk City of Palm Springs, California 30