R 4257 RESOLUTION NO. 4257
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING PROGRAM SUPPLEMENT
AGREEMENT NO. 008 -N TO ADMINISTERING AGENCY -
STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO.
05 -5199R FOR THE WEST BRANCH OVERLAY PROJECT
WHEREAS, the City and the State entered into Master Agreement, Administering Agency -
State Agreement for Federal -Aid Projects, Agreement No. 05 -5199R on November 18,
2008; and
WHEREAS, Program Supplement No. 008 -N to Administering Agency -State Agreement for
Federal -Aid Projects No. 05 -5199R designates the Federal funds requested and any
matching funds to be provided by the City of Arroyo Grande for the construction phase of
the West Branch Street Overlay project; and
WHEREAS, the City of Arroyo Grande is eligible to receive Federal American Recovery
and Reinvestment Act of 2009 (ARRA) funds for this project.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Arroyo Grande
hereby:
1. Approves Exhibit "A" attached hereto, entitled "Program Supplement No. N008 to
Administering Agency -State Agreement for Federal -Aid Projects No. 05- 5199R ".
2. Appoints the Mayor as the official representative authorized to execute Program
Supplement Agreement No. N008.
On motion of Council Member Fellows, seconded by Council Member Arnold, and on the
following roll call vote, to wit:
AYES: Council Members Fellows, Arnold, Guthrie, Costello, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 23 day of February 2010.
RESOLUTION NO. gZ57
PAGE 2
TONY R , MAYOR
ATTEST:
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dr /. I ' •
KELLY T , • RE, CITY CLERK
APPROVED AS TO CONTENT:
StEV N ADAMS CITY MANAGER
APPROVED AS TO FORM:
TIM THY J. L, CITY ATTORNEY
EXHIBIT A
PROGRAM SUPPLEMENT NO. N008 Date:December 17, 2009
to Location: 05 - SLO - - ARGD
ADMINISTERING AGENCY -STATE AGREEMENT Project Number:ESPL- 5199(021)
FOR FEDERAL -AID PROJECTS NO. 05 -5199R H.A. Number:05- 930206
This Program Supplement hereby incorporates the Administering Agency -State Agreement for Federal Aid which was entered into
between the Administering Agency and the State on 11/13/08 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 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 setforth
on the following pages.
PROJECT LOCATION:
West Branch st. Rehab
TYPE OF WORK: West Branch Asphalt Concrete Overlay LENGTH: 0 (MILES)
Estimated Cost Federal Funds Matching Funds
C200 $525,000.00 LOCAL OTHER
51,345,700.00 $820,700.00 $0.00 $0.00
CITY OF ARROYO GRANDE STATE OF CALIFORNIA
Department of Transportation
By By
Chief, Office of Project Implementation
Date Division of Local Assistance
Attest
Date
Title
I hereby certify upon my personal lm. ledge that budgeted funds are available for this encumbrance:
encumbrance:
Accounting Officer , r _Zs; Date J3// 7/ 0 / $525,000.00
Chapter 1 Statutes I Item 1 Year Program ' BC I Category I Fund Source I AMOUNT
268 2008 2660 -603 -890 2008 -2009 20.30,010.810 F 262040 898 -F 525,000.00
Program Supplement 05-5199R-N008- ISTRA Page 1 of 5
05- SLO- 0-ARGD 12/17/2009
ESPL - 5199(021)
SPECIAL COVENANTS OR REMARKS
1. 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).
2. 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 Financer.in order for
payment to be made, the last date the DistrictLocal 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.
3. The ADMINISTERING AGENCY will advertise, award and administer
this project in accordance with the current published Local
Assistance Procedures Manual.
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Program Supplement 5199R -N008- ISTEA Page 2 of 5
05- SLO- 0 -ARGiD 12/17/2009
ESPL - 5199(021)
SPECIAL COVENANTS OR REMARKS
4. Award information shall be submitted by the ADMINISTERING AGENCY
to the District Local Assistance Engineer within 60 days of
project contract award or with submittal of the ADMINISTERING
AGENCY's first invoice for the construction contract, whichever
is earlier.
Failure to do so will cause a delay in the State processing
invoices for the construction phase.
Please refer to Section 15.7 "Award Package" of the Local
Assistance Procedures Manual.
5. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at
least once every six months commencing after the funds are
encumbered for each phase by the execution of this Project
Program Supplement Agreement, or by STATE's approval of an
applicable Finance Letter. STATE reserves the right to suspend
future authorizations /obligations, and invoice payments for any
on -going or future federal -aid project by ADMINISTERING AGENCY if
PROJECT costs have not been invoiced by ADMINISTERING AGENCY for
a six -month period.
If no costs have been invoiced for a six -month period,
ADMINISTERING AGENCY agrees to submit for each phase a written
explanation of the absence of PROJECT activity along with target
billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents
that collectively constitute a "Report of Expenditures" within
one hundred eighty (180) days of PROJECT completion. Failure of
ADMINISTERING AGENCY to submit a "Final Report of Expenditures"
within 180 days of PROJECT completion will result in STATE
imposing sanctions upon ADMINISTERING AGENCY in accordance with
the current Local Assistance Procedures Manual.
6. The Administering Agency shall not discriminate on the basis of
race, religion, age, disability, color, national origin, or sex
in the award and performance of any Federal- assisted contract or
in the administration of its DBE Program Implementation
Agreement. The Administering Agency shall take all necessary and
reasonable steps under 49 CFR Part 26 to ensure nondiscrimination
in the award and administration of Federal - assisted contracts.
The Administering Agency's DBE Implementation Agreement is
Program Supplement 05-519912-N008- ISTEA Page 3 of 5
05 -SLO-0-ARGD 12/17/2009
ESPL - 5199(021)
SPECIAL COVENANTS OR REMARKS
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.).
7. As a condition for receiving federal -aid highway funds for the
PROJECT, the Administering Agency certifies that NO members of
the elected board, council, or other key decision makers are on
the Federal Government Excluded Parties List System (EPLS).
8. This project is financed, in whole or in part, with federal funds
from the American Recovery and Reinvestment Act of 2009 (Recovery
Act). ADMINISTERING AGENCY agrees:
1) Statutory provisions contained in Chapter 1 of Title 23
United States Code (U.S.C.) are applicable to all Recovery Act
funded projects,
2) Costs incurred prior to the date of authorization are NOT
eligible for reimbursement with federal Recovery Act funds,
3) Federal Prevailing Wage Rate requirements apply to all
Recovery Act funded construction projects regardless of location
(including projects on local roads and rural minor collectors,
and Transportation Enhancement projects outside the highway right
of way). ADMINISTERING AGENCY agrees to include the appropriate
wage rate information in the contract and also include a contract
provision that overrides the general applicability provisions in
form FHWA -1273, Sections IV and V,
4) To expend and invoice for all Recovery Act funds prior to
using other funds, and
5) To comply with the reporting requirements, terms and
conditions set forth in Sections 1201 and 1512 of the Recovery
Program Supplement 05-519912-N008- ISTEA Page 4 of 5
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05 -51.0-0 -ARGD 12/17/2009
ESPL 5199(021)
SPECIAL COVENANTS OR REMARKS
Act and as designated by the STATE. Failure to comply will
result in retentions from progress payments due ADMINISTERING
AGENCY and /or other sanctions,
6) Recovery Act funds are available for liquidation only until
September 30, 2015 when the remaining balance of Recovery Act
funds will expire. ADMINISTERING AGENCY agrees to submit an
invoice for the balance of project Recovery Act funds (if any) to
the STATE prior to July 1, 2015.
Program Supplemeat05- 51998 -N00B- ISTBA Page 5 of 5
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 4257 is a true, full, and correct copy of said Resolution passed and
adopted at a Regular meeting of the City Council of the City of Arroyo Grande on the
23 day of February 2010.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 25"' day of
February 2010.
ems,- /._ L / J AC--
KELL WE ORE, CITY CLERK