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R 3394 RESOLUTION NO. 3394 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING STATE FUNDED - TRANSPORTATION ENHANCEMENT, ACTIVITIES (TEA) AGREEMENT NUMBER T-5199(002)R1 FOR PHASE I OF THE SCENIC CREEKSIDE WALK THROUGH THE HISTORIC VILLAGE OF ARROYO GRANDE PROJECT WHEREAS, State Funded Transportation Enhancement Activities (TEA) Agreement Number T-5199(002)R1 designates the State funds requested and the matching funds to be provided by the City for Phase I of the Scenic Creekside Walk Through the Historic Village of Arroyo Grande project ("project") ; and, WHEREAS, the City is eligible to receive Transportation Enhancement Activities (TEA) funds f~r this project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby: 1. approve Exhibit A attached hereto, entitled "Defederalized Transportation Enhancement Activities Fund Transfer Agreement No. T- 5199(002)R1"; and - 2. appoint the Mayor as the official representative authorized to sign Defederalized Transportation Enhancement Activities Fund Transfer Agreement No. T-5199(OO2)R1. On motion of Council Member Tolley, seconded by Council Member Runels, and by the following roll call vote, to wit: AYES: ,Council Members Tolley, Runels, Dickens, Ferrara, and Mayor Lady NOES: None ABSENT: None the foregoing Resolution was passe~ and adopted this 24th day of August 1999. . . . Resolution No. 3394 Page 2 M'CH~d$# - .. ATTEST: Jtu/J/vL- , DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: t6 L. J-hw) ROBERT L. HUNT, CITY MANAGER APPROVED AS TO FORM: - - "'.. ..... EXHIBIT "A" I" ':".. DEFEDERALIZED TRANSPORTATION ENHANCEMENT ACTIVITIES , , FUND TRANSFER AGREEMENT Agreement No.: T-5199(002) Rl Location: 05-SLO-0-Argrd Project No.: T-5199(OO2) EA: 05-142024t THIS AGREEMENT, entered into onAugust 2~ 199~ is between the State of California, acting by and through the Department of Transportation, hereinafter referred to as STATE, and City of Arrovo Grande, a public agency, hereinafter referred to as" ADMINISTERING AGENCY." WHEREAS, the Intennodal Surface Transportation and Efficiency Act (ISTEA) of 1991 identified Transportation Enhancement Activities (TEA) projects as eligible for funding from Surface Transportation Program (STP) funds provided to STATE and required that 10 percent ofthe annual apportionments for STP be used for TEA purposes, and WHEREAS, the California Transportation Commission (CTC) has selected certain TEA projects for funding with federal STP funding and STATE matching funds, and WHEREAS, STATE and the Federal Highway Administration (FHW A) have agreed to implement an Innovative Financing Test which consolidates state matching funds into defederalized TEA projects which are used as a - \ program match for other 100 percent federally funded TEA projects, and WHEREAS, ADMINISTERING AGENCY has applied to the CTC and has been selected to receive funds for the purpose of reconstructing existing deteriorated access points (stairs and ramps) to pedestrain paths. hereinafter referred to as " PROJECT" , and WHEREAS, PROJECT funding is proposed as follows: State Funds Local Funds Total Cost - PE 15,492 2,008 17,500 R/W 7,200 1,500 8,700 CE 5,754 746 6,500 CONST. 39,554 5,126 44,680 TOTAL 68,000 9,380 77,380 and WHEREAS, STATE is required to enter into an agreement with ADMINISTERING AGENCY to delineate certain responsibilities relative to prosecution of said PROJECT, and Whereas, ADMINISTERING AGENCY has approved entering into this Agreement under authority of Resolution No. 3394 , approved by ADMINISTERING AGENCY on 8-24-99 . a copy of 'which is attached. For Caltrans Use Only I hereby Certify upon my own personal knowledge that budgeted funds are available 'for this encumbrance Accounting Officer ' I Date 1$ Chapter Statutes Item Fiscal Program BC Category Fund $ Year Source 162 1996 2660-126-0042 96-97 20.30.400.000 C 262042 26-042T ) 00% State TEA REV. 2/4/97 .. > i NOW, THEREFORE, the parties agree as follows: SECTION I . STATE AGREES: 1. To pay ADMINISTERING AGENCY for.STATE's share of eligible participating PROJECT costs in an amount not to exceed $68,000 2. To pay ADMINISTERING AGENCY with a single lump sum payment upon award of a_construction contract for PROJECT and receipt of an original and two copies of a signed initial invoice in the proper form, including identification of this Agreement Number and Project Nut:nber, from ADMINISTERING AGENCY for the actual STATE contributory sum not to exceed that amount set forth in Article (1) above. 3. When conducting a subsequent audit of the actual PROJECT costs claimed under the provisions of this Agreement, STATE will rely to the maximum extent possible on any prior audit of ADMINISTERING AGENCY pursuant to the provisions of State and federal laws. In the absence of such an audit, )York of other auditors will be relied upon to the extent that work is acceptable to STATE when planning and conducting additional audits. ~ SECTION II ,:" ...~ .r ADMINISTERING AGENCY AGREES: 1. To use all state funds paid hereunder only for the :rEA project as described in ADMINISTERING AGENCY's approved PROJECT application referenced in Section III, Article 8 and as further required by the terms ofthis Agreement. 2. To use all state funds paid hereunder only for those PROJECT transportation purposes that conform to Article XIX of the California State Constitution. 3. To advertise, award and administer PROJECT in accordance with proper ADMINISTERING AGENCY contracting procedures. 4. Upon award of a construction contract for PROJECT, to prepare and submit to STATE an original and~two copies of a signed initial invoice for STATE's share in an amount not to exceed that amount set forth in Section I, Article (1). Said invoice should be mailed to the Department of Transportation, Accounting Service Center, Local Programs Accounting Branch, P.O. Box 942874, M.S. 33, Sacramento CA, 94274- 0001. 5. To prepare an original and two copies of a signed final PROJECT invoice reporting all actual eligible costs and all STATE and ADMINISTRATING AGENCY funds expended and submit the signed invoice, along with any proportionate refund due STATE, to the address shown in Article (4) above 60 days after completion of PROJECT, but no later than June 30, 2000 . 6. In the event the estimated cost of PROJECT decreases by reason of low bids or otherwise, the allocation of STATE funds shown in Section I, Article (1) will be decreased proportionately with ADMINISTERING .100% State TEA REV. 2/4/97 ------.-- . .' .. . 3 AGENCY's decrease in participating contributions. Any initial overpayment will be refunded by ADMINISTERING AGENCY to STATE, with the final invoice required in Article (5) above. 7. Any costs for which ADMINISTERING AGENCY receives payment that are determined by ~ubsequent . audit to be unallowable are to be repaid to STATE by ADMINISTERING AGENCY within thirty (30) days of ADMINISTERING AGENCY receiving notice of audit findings. Should ADMINISTERING . AGENCY fail to reimburse moneys due STATE within (30) days of demand, or within such other period as may be agreed between 'both parties hereto, ADMINISTERING AGENCY agrees that STATE may exercise the right to withhold future payments due ADMINISTERING AGENCY from any source, including, but not limited to, the State Treasurer and the State Controller. S: ADMINISTERING AGENCY and its subcontractors shall maintain all source documents, books and records connected with its performance under this Agreement for a minimum ofthree years from the date of submittal of the final invoice to STATE or until audit resolution is achieved and shall make all such supporting information available for inspection and audit by representatives of STATE. Copies will be made and furnished by ADMINISTERING AGENCY upon request. - 9. ADMINISTERING AGENCY and its subcontractors shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support reimbursement payment vouchers or invoic~s which segregate and accumulate costs of PROJECT work elements and produce monthly reports which clearly identify reimbursable costs, matching costs, and other expenditures by ADMINISTERING AGENCY. SECTION III IT IS MUTUALLY AGREED: - - - 1. All obligations of STATE under the terms of this Agreement are subject to the availability of the STATE funds encumbered under this Agreement. 2. In the eventthat ADMINISTERING AGENCY fails tocomplete PROJECT commenced and reimbursed under this Agreement or fails to comply with applicable federa\ and State laws and regulations, STATE reserves the right to terminate funding forPROJECT, or portions thereof, upon written notice to ADMINISTERING AGENCY and ADMINISTERING AGENCY agrees to repay STATE, within 30 days of receiving a biII from STATE, for all of the terminated funding already received. 3. ADMINISTERING AGENCY wiII maintain and operate the PROJECT property acquired, developed, rehabilitated, or restored for its intended public use until such time as the parties might amend this Agreement to provide otherwise. With the approval of STATE, ADMINISTERING AGENCY, or its successors in interest in the property, may transfer this obligation and responsibility to maintain and operate the property to another.public entity. 4. Upon ADMINISTERING AGENCY acceptance ofthe completed PROJECT construction contract or upon its contractor being relieved ofthe responsibility for maintaining and protecting a portion of the work, the agency having jurisdiction over PROJECT shall maintain the completed work in a manner satisfactory to the authorized representatives of STATE. If, within 90 days after receipt of notice from STATE that a PROJECT, or any portion thereof, under ADMINISTERING AGENCY's jurisdiction is not being properly maintained, and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of any future STATE funded and or Federal-aid projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been restored or put in a condition of maintenance .100% State TEA REV. 214197 --- ... , ....~.. . .. . . 4 satisfactory to STATE. The provisions of this section shall not apply to a PROJECT which has been vacated through due process of law. 5. The maintenance responsibilities referred to in Article 3, above, include not only the physical condition of the PROJECT but its operation as well. PROJECT shall be maintained by an adequate and well-trained staff of engineers and/or such .other professionals and technicians as the project requires. Said maintenance s~aff may be employees of ADMINISTERING AGENCY, another unit of .government, or a contractor working pursuant to an agreement with ADMINISTERING AGENCY. All maintenance will be perfonned " at regular intervals or as required for efficient operation of the complete PROJECT improvements. 6. In aU real property transactions acquired as part of PROJECT, foHowing recordation of the deed or such other recorded instrument evidencing title in the name of the ADMINISTERING AGENCY or their assignee, there shall also be recorded a separate document which is an "Agreement Declaring Restrictiv~ Covenants. Said Agreement D.eclaring Restrictive Covenants will incorporate assurances that ADMINISTERING AGENCY will maintain and operate said property in compliance with Articles 3, 4 and 5 above and establish provisions for reconveyance of said property to STATE in the event of ADMINISTERING AGENCY's failure to operate or maintain said property for the intended public use described in ADMINISTERING AGENCY's application referenced in Section III, Article 8. 7. If PROJECT involves work on the State Highway System, it shall "also be the subject of a separate standard fonn of encroachment penn it and, where appropriate, a cooperative agreement between STATE and ADMINISTERING AGENCY to detennine how PROJECT is to be constructed. 8. The Legislature of the State of California has enacted legislation by which certain Federal funds may be - allocated to ADMINISTERING AGENCY by the CTC after being recommended for funding by the Regional Transportation Planning Agency (RTPA) and approved 9Y the FHW A for the enhancement . project submitted by ADMINISTERING AGENCY as described in the TEA PROJECT application fomi; and as such the TEA application submitted by ADMINISTERING AGENCY and all assurances contained therein are, by this reference, made an express part of this Agreement. Should any conflict exist between the PROJECT application and the Agreement, the Agreement shaH prevail. 9. PROJECT downscoping and/or phasing will require another approval by both the appropriate RTPA and the CTC. No additional funds will be made available by the CTC for PROJECT cost ovelTUns. ADMINISTERING AGENCY will be required to downscope, split PROJECT into phases or provide additional matching funds to cover PROJECT cost ovelTUns. . 10. ADMINISTERING AGENCY will'maintain an inventory of all non expendable equipment, defined as having a useful life or'at least two years and an acquisition cost of$500 or more, paid for.with PROJECT funds. Upon tennination of this Agreement, ADMINISTERING AGENCY may either keep such equipment and credit STATE its share of the equipment's fair market value or sell such equipment at the best price obtainable at a public sale, in accordance with established STATE procedures, and reimburse STATE its share of the sale price. II. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liabitity. occurring or arising by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction delegated to ADMINISTERING AGENCY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, ADMINISTERING AGENCY shall fully defend, indemnify and save hannless the State of California, its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810:8) occurring by reason of anything done 100% State TEA ._.~-_..__._-~-_._- ....-.----.- REV_ 2/4/Q7 ..- .0 , . > . 5 Ow ' .~ ,~ or omitted.to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction delegated to ADMINISTERING AGENCY under this Agreement. - 12. This Agreement shall terminate on June 30,1998; However, the PROJECT ownership, operation, mainte~ance, and liability clauses, as set forth in paragraphs 3, 4, 5, 6 and 11 of this Section III, shall remain in effect until terminated or modified in writing, by mutual agreement of the parties. . STATE OF CALIFORNIA CITY/COUNTYIETC Department of Transportation ..... z?4L(f By: By: Chief, Office of Local Programs Title: Project Implementation Date: Date: ~-~~...q., - - . 100% State TEA REV. 2/4/97 .". ''''~, . RESOLUTION NO. 3394 OFFICIAL CERTIFICATION I, KELLY WETMORE, Director of Administrative Services/Deputy 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. 3394 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 24th day of August, 1999. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 26th day of August, 1999. . h .7 WUO/tY ~ ORE, ADMINISTRATIVE SERVICES DIRECTOR! DEPUTY CITY CLERK .