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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: • 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. • 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 • 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