R 4349 RESOLUTION NO. 4349
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE APPROVING PROGRAM SUPPLEMENT NO. 011 -N TO
ADMINISTERING AGENCY -STATE AGREEMENT NO. 05 -5199R FOR
THE MONTEGO STREET SIDEWALK, PHASE II PROJECT
WHEREAS, the City and the State have entered into Administering Agency -State
Agreement for Federal Aid Funded Projects No. 05- 5199R; and
WHEREAS, Program Supplement No. 011 -N to the Administering Agency -State
Agreement for Federal Aid Funded Project No. 05 -5199R designates the State funds
requested and the matching funds to be provided by the City of Arroyo Grande for the
Montego Street Sidewalk, Phase II Project; and
WHEREAS, the City of Arroyo Grande is eligible to receive State funds.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Arroyo
Grande hereby:
1. Approves Exhibit A attached, entitled "Program Supplement Agreement No. 011 -N,
to Administering Agency -State Agreement for Federal Aid Project No. 05- 5199R ".
2. Appoints the Mayor as the official representative authorized to sign the Program
Supplement Agreement.
On motion of Council Member Brown, seconded by Council Member Guthrie, and on
the following roll call vote, to wit:
AYES: Council Members Brown, Guthrie, Costello, Ray, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 22 day of March, 2011.
RESOLUTION NO. 4/3
PAGE 2
aue /
TO A, MAYOR
ATTEST:
ICI � / . as, a
KELLY E ORE, CITY CLERK
APPROVED AS TO CONTENT:
STE N ADAMS CITY MANAGER
APPROVED AS TO FORM:
TIM THY J. OARMEL, CITY ATTORNEY
EXHIBIT A
PROGRAM SUPPLEMENT NO. NO11 Date: November 5, 2010
to Location: 05 -SLO -O -ARGD
ADMINISTERING AGENCY -STATE AGREEMENT Project Number: SRTSL- 5199(026)
FOR FEDERAL -AID PROJECTS NO 05 -5199R E.A. Number: 05- 930311
Locode: 5199
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 11/13/08 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 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:
Ocean View Elementary Sidewalks. Montego Street between Hillcrest Drive and Ocean View Elementary.
TYPE OF WORK: Safe Route to Schools LENGTH:.0.0(MILES)
Estimated Cost Federal Funds Matching Funds
LU20 $20,000.00 LOCAL OTHER
$20,000.00 $0.0 $0.00
•
CITY OF ARROYO GRANDE STATE OF CALIFORNIA
Department of Transportation
By B
Title Chief, Office of Project Implementation
Division of Local Assistance
Date
Date
Attest
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer ��� L % Date II I t) j e $20.000.00
Chapter Statutes 1 Item Year Program BC Category Fund Source AMOUNT
Program Supplement 05- 5199R -N011- ISTEA Page 1 of 3
05 .S LO -O -ARG D 11/05/2010
SRTSL- 5199(026)
SPECIAL COVENANTS OR REMARKS
1. The PROJECT will be administered in accordance with the SRTS Program Guidelines
effective at the time of Program Supplemental Agreement execution.
The ADMINISTERING AGENCY agrees to encumber the funds under agreement and
award the construction contract by September 30th of the fiscal year in which funds are
programmed. For projects unable to meet this deadline, the ADMINISTERING AGENCY
may request in writing, a time extension from the District Local Assistance Engineer
(DLAE). One time extension, for a maximum period of one year, may be granted by the
DLAE. Projects unable to meet the new deadline may be dropped from the program.
2. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
3. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for
specific phase(s) with an "Authorization to Proceed" and will not proceed with future
phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE
for that phase(s) unless no further State or Federal funds are needed for those future
phase(s).
4. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every
six months commencing after the funds are encumbered for each phase by the execution
of this Project Program Supplement Agreement, or by STATE's approval of an applicable
Finance Letter. STATE reserves the right to suspend future authorizations /obligations for
Federal aid projects, or encumberances for State funded projects, as well as to suspend
invoice payments for any on -going or future project by ADMINISTERING AGENCY if —
PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six -month
period.
If no costs have been invoiced for a six -month period, ADMINISTERING AGENCY
agrees to submit for each phase a written explanation of the absence of PROJECT
activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively
constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT
completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of
Expenditures" within 180 days of PROJECT completion will result in STATE imposing
sanctions upon ADMINISTERING AGENCY in accordance with the current Local
Assistance Procedures Manual.
5. The Administering Agency shall not discriminate on the basis of race, religion, age,
disability, color, national origin, or sex in the award and performance of any Federal -
assisted contract or in the administration of its DBE Program Implementation Agreement.
The Administering Agency shall take all necessary and reasonable steps under 49 CFR
Part 26 to ensure nondiscrimination in the award and administration of Federal- assisted _
contracts. The Administering Agency's DBE Implementation Agreement is incorporated
Program Supplement 05- 5199R -N011- ISTEA Page 2 of 3
05 -SLO -O -ARGD 11/0512010
SRTSL - 5199(026)
SPECIAL COVENANTS OR REMARKS
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.).
6. As a condition for receiving federal -aid highway funds for the PROJECT, the
Administering Agency certifies that NO members of the elected board, council, or other
key decision makers are on the Federal Government Excluded Parties List System
(EPLS).
7. Award information shall be submitted by the ADMINISTERING AGENCY to the District
Local Assistance Engineer within 60 days of project contract award or with the 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.
8. 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.
Program Supplement 05- 5199R -N011- ISTEA Page 3 of 3
STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLEMENT AND CERTIFICATION FORM
PSCF (REV. 01 /2010)
Page 1 of 1
TO: STATE CONTROLLER'S OFFICE DATE PREPARED: PROJECT NUMBER:
Claims Audits 11/8/2010 0500020265
3301 "C" Street, Rm 404 REQUISITION NUMBER / CONTRACT NUMBER: —
Sacramento, CA 95816 RQS- 2660 - 050000000113
FROM:
DEPARTMENT OF TRANSPORTATION
SUBJECT:
ENCUMBRANCE DOCUMENTS
VENDOR / CONTRACTOR:
CITY OF ARROYO GRANDE
CONTRACT AMOUNT:
$20,000.00
PROCUREMENT TYPE:
LOCAL ASSISTANCE
I HEREBY CERTIFY UPON MY OWN PERSONAL KNOWLEDGE THAT BUDGETED FUNDS ARE AVAILABLE FOR THIS
ENCUMBRANCE AND PURPOSE OF THE EXPENDITURE STATED ABOVE.
CHAPTER STATUTES ITEM YEAR PEC /PECT TASK /SUBTASK AMOUNT
1 2009 2660- 102 -890 2009/10 20.30.010/535 2620/0420 $20,000.00
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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
Resolution No. 4349 is a true, full, and correct copy of said Resolution passed
and adopted at a regular meeting of the City Council /Redevelopment Agency of
the City of Arroyo Grande on the 22 day of March 2011.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 23
day of March 2011.
`t , C L21111 0AR—
KELLY WET RE, CITY CLERK