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R 4559 RESOLUTION NO. 4559 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING PROGRAM SUPPLEMENT NO. N015 TO ADMINISTERING AGENCY-STATE AGREEMENT NO. 05-5199R FOR THE OAK PARK BLVD./W. BRANCH ST./HWY 101 ENTRANCE TRAFFIC SIGNAL IMPROVEMENT PROJECT WHEREAS, the City and the State have entered into Administering Agency-State Agreement for State Funded Projects No. 05-5199R; and WHEREAS, Program Supplement No. N015 to the Administering Agency-State Agreement for State Funded Projects No. 05-5199R designates the State funds requested and the matching funds to be provided by the City of Arroyo Grande for the Oak Park Blvd./W. Branch St./HWY 101 Entrance Traffic Signal Improvement 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. N015 to Administering Agency-State Agreement for State Funded Projects No. 05-5199R". 2. Appoints the Mayor as the official representative authorized to sign the Program Supplement Agreement. On motion of Council Member Bameich, seconded by Council Member Guthrie, and on the following roll call vote, to wit: AYES: Council Members Bameich, Guthrie, Brown, Costello, and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 10`h day of December 2013. RESOLUTION NO.VSS9 PAGE 2 TON FE , MAYOR ATTEST: KELLY EJ ORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS CI MANAGER APPROVED AS TO FORM: TIM THY J. RME, ATTORNEY Exhibit A PROGRAM SUPPLEMENT NO. N015 Adv Project ID Date: August 29,2013 to 0514000011 Location: 05-SLO-0-ARGD ADMINISTERING AGENCY-STATE AGREEMENT Project Number: HSIPL-5199(029) FOR FEDERAL-AID PROJECTS NO 05.5199R E.A. Number: 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: Oak Park Blvd/West Branch SUSR 101 On Ramp Traffic Signal TYPE OF WORK: Upgrade Signals LENGTH: 0.0(MILES) Estimated Cost Federal Funds j Matching Funds LS3R $10,000.00 LOCAL OTHER $11,111.00 $1,111.0 $0.00 CITY OF ARROYO GRANDE STATE OF CALIFORNIA Department of Transportation By By Tkle 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 / —= Date ( $10.000.00 Chapter I Statutes Item Year Program BC Category I Fund Source AMOUNT Program Supplement 05-5199R-N015-ISTEA Page 1 of 3 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF(REV.D12010) Pape_of TO: STATE CONTROLLER'S OFFICE DATE PREPARED: PROJECT NUMBER: Claims Audits 29-Aug-13 0514000011 3301 "C"Street,Rm 404 REOUISr11ON NUMBER/CONTRACT NUMBER: Sacramento,CA 95816 051400000094 FROM: Department of Transportation SUBJECT: Encumbrance Document VENDOR/ LOCAL AGENCY: City of Arroyo Grande CONTRACT AMOUNT: $10,000.00 PROCUREMENT TYPE: Local Assistance CHAPTER STATUTES ITEM YEAR PEC I PECT TASK/SUBTASK AMOUNT 21 2012 2660-102-0890 2012-2013 2030010/550 2620/0420 $10,000.00 ADA Notil For individuals with sensory disabilities,this document is available in alternate formats.For information,call(915)654-6410 of TDD(916)-3880 or wore Records and Forms Management.1120 N-Street,MS-89,Sacramento,CA 95814. 05SLO-0-ARGD 08/29/2013 HSIPL-5199(029) SPECIAL COVENANTS OR REMARKS 1. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 2. 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). 3. 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. 4. 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 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.). 5. As a condition for receiving federal-aid highway funds for the PROJECT, the Program Supplement 05-5199R-N015-ISTEA Page 2 of 3 05SLO-0-ARGD 08/29/2013 HSIPL-5199(029) SPECIAL COVENANTS OR REMARKS 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). 6. 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. 7. 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. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. Program Supplement 05-5199R-N015-ISTEA Page 3 of 3 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. 4559 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 10th day of December, 2013. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11th day of December 2013. i an: KELLY WE MO' E, CITY CLERK