R 3312
.
RESOLUTION NO. 3312
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING STATE FUNDED
TRANSPORTATION ENHANCEMENT ACTIVITIES (TEA)
AGREEMENT NUMBER T-5199(002) 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) 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; and,
WHEREAS, the City is eligible to receive Transportation Enhancement Activities (TEA)
funds for this project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
does hereby:
1. Approve Exhibit A attached, entitled IIDefederalized Transportation Enhancement
Activities Fund Transfer Agreement No. T-5199(002)".
2. appoint the Mayor as the official representative authorized to sign Defederalized
Transportation Enhancement Activities Fund Transfer Agreement No. T-5199(002).
On motion of Council Member Lady ,seconded by Council Member Runels, and
by the following roll call vote, to wit:
AYES: Council Members Lady, Runels, Tolley, Fuller, and Mayor Dougall
NOES: None
ABSENT: None
e lution was passed and adopted this 14th day of July 1998.
ATTEST:
a.~
IS, CITY CLERK
Resolution No. 33 1 2
Page 2
APPROVED AS TO CONTENT:
khT L. tl-~
ROBERT L. HUNT, CITY MANAGER
APPROVED AS TO FORM:
I, NANCY A. DAVIS, 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 foregoing Resolution
NO.3312 is a true, full and correct copy of said Resolution passed and adopted at a regular
meeting of the Arroyo Grande City Council on the 14th day of July 1998.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 16th day of
July, 1998.
iI~a. ~
NANCY A. ~VIS, CITY CLERK
lESOLUTION NO. 3312
STATE OF CALIFORNIA - BUSINESS, TRANSPORTATION AND HOUSING AGENCY PETE WILSON, Governor
DEPARTMENT OF TRANSPORTATION
DESIGN AND LOCAL PROGRAMS
P.O. BOX 942874, MS #1
SACRAMENTO, CA 94274-0001
TDD (916) 654-4014
(916) 654-3151
Fax: (916) 654-2409
June 18, 1998
File: 05-SLO-0-ARGD
T-5199(002)
IN THE CITY OF ARROYO GRANDE
Mr. Van Laurn
Director Of Public Works
City of Arroyo Grande
PO Box 550
Arroyo Grande, CA 93420
Attn: Mr. John L. Wallace
Dear Mr. Laurn:
Enclosed are two originals of the State Funded Transportation Enhancement Activities (TEA) agreement
number T-5199(002) for the above-referenced project.
Please sign both copies of this Agreement and return them to this office, Office of Local Programs - MS1.
Alterations should not be made to the agreement language or funding. Attach your local agency's certified
authorizing resolution that clearly identifies the project and the official authorized to execute the agreement.
A fully executed copy of the agreement will be returned to you upon ratfication by Caltrans.
Your prompt action is requested. No invoices for reimbursement can be processed until the agreement is
fully executed. If the agreement cannot be approved by your agency within six weeks, please return it.
A replacement Agreement will be resubmitted later when your agency submits a request, with the
agreement check list fonn, indicating it is ready to proceed.
Sincerely,
ck/HERB , Chief
Office of ~ al Programs
Project ImplementatIOn CITY OF
Enclosures: ARROYO GRANDE
JUN 22 1998
cc: OLP AE Project Files
(05) DLAE- Jerald T. Gibbs PUBLIC WQ.ij~.9ffT.
.We'lI Find a Way.
R.Es.r~IT'I ON NO. 3312
DEFEDERALIZED TRANSPORTATION ENHANCEMENT ACTIVITIES
FUND TRANSFER AGREEMENT
Agreement No.: L ' 5199(002) Location: 05-SLO-0-Argrd
Project No.:T ,5199 (002) EA: 05-142024L
THIS AGREEMENT, entered into on ,July 14 , 1998, 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 (IS TEA) 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 of the 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 (FHWA) 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
pedestrian paths, hereinafter referred to as "PROJECT", and
WHEREAS, PROJECT funding is proposed as follows:
Total Funds State Funds Local Cost
PE $ 15,000 13,280 1,720
RJW $ 8,700 7,700 1,000
CONSTR. $ 53.112 47.020 6.092
TOTAL $ 76,812 $ 68,000 $ 8,812
For Caltrans Use Only
I hereby Ce ity upon my own personal knowledge that budgeted funds are avail a Ie for this encumbrance
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NOW, THEREFORE, the parties agree as follows:
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. 33 1 2 , approved by ADMINISTERING AGENCY on .1111 y 1 4 . 1 (} (} 8, a copy
of which is attached.
SECTION I
STATE AGREES:
1. To pay ADMINISTERING AGENCY for STATE's share of eligible participating PROJECT costs
in an amount not to exceed $ 68.000.00
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
Number, 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, work of other auditors will be relied upon to the extent that work is acceptable to
STATE when planning and conducting additional audits.
SECTION II
ADMINISTERING AGENCY AGREES:
1. To use all state funds paid hereunder only for the TEA project as described in ADMINISTERING
AGENCY's approved PROJECT application referenced in Section ill, Article 8 and as further
required by the terms of this Agreement.
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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, 1999.
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 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
subsequent 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.
8. ADMINISTERING AGENCY and its subcontractors shall maintain all source documents, books
and records connected with its performance under this Agreement for a minimum of three 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 invoices 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.
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RESOLUTION NO. 3312 4
SECTION ill
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 event that ADMINISTERING AGENCY fails to complete PROJECT commenced and
reimbursed under this Agreement or fails to comply with applicable federal and State laws and
regulations, STATE reserves the right to terminate funding for PROJECT, or portions thereof,
upon written notice to ADMINISTERING AGENCY and ADMINISTERING AGENCY agrees to
repay STATE, within 30 days of receiving a bill from STATE, for all of the terminated funding
already received.
3. ADMINISTERING AGENCY will 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 of the completed PROJECT construction contract
or upon its contractor being relieved of the 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 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 staff 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 performed at regular intervals or as
required for efficient operation of the complete PROJECT improvements.
6. In all real property transactions acquired as part of PROJECT, following 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 Restrictive Covenants. Said Agreement Declaring Restrictive Covenants will
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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 form of encroachment permit and, where appropriate, a cooperative agreement between
STATE and ADMINISTERING AGENCY to determine 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 (RTP A) and approved by the FHW A for
the enhancement project submitted by ADMINISTERING AGENCY as described in the TEA
PROJECT application form; 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 shall prevail.
9. PROJECT downscoping and/or phasing will require another approval by both the appropriate
RTP A and the CTC. No additional funds will be made available by the CTC for PROJECT cost
overruns. ADMINISTERING AGENCY will be required to downscope, split PROJECT into
phases or provide additional matching funds to cover PROJECT cost overruns.
10. ADMINISTERING AGENCY will maintain an inventory of all non expendable equipment,
defined as having a useful life of at least two years and an acquisition cost of $500 or more, paid
for with PROJECT funds. Upon termination 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.
11. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or
liability 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 harmless 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 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 30,1999; However, the PROJECT ownership,
operation, maintenance, 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.
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RESOLUTION NO. 3312 6
STATE OF CALIFORNIA
Department of Transportation
By:
Chief, Office of Local Programs
Project Implementation
Date: Date: 7//6/9~
I I
AJR:6/02/98
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