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R 3618 RESOLUTION NO. 3618 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 768 TO ADMINISTERING AGENCY- STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. 000199 FOR THE CREEKSIDE PEDESTRIAN WALK, PHASE III PROJECT WHEREAS, the City and the State have entered into Administering Agency-State Agreement for State Funded Projects No. 000199 on August 2,1999; and WHEREAS, Program Supplement No. 768 to the Administering Agency-State Agreement for State Funding Projects No. 000199 designates the State funds requested and the matching funds to be provided by the City of Arroyo Grande for all phases of the Scenic Creekside Walk, Phase III capital improvement project; WHEREAS, the City of Arroyo Grande is eligible to receive State Transportation Improvement Program (STIP) funds for this project. NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Arroyo Grande hereby: A. Approves Exhibit "A" attached, entitled "Program Supplement No. 768 to Administering Agency-State Agreement for State Funded Projects No. 000199" B. Appoints the Mayor as the official representative authorized to execute Program Supplement Agreement No. 768. On motion of Council Member Runels, seconded by Council Member Dickens, and on the following roll call vote, to wit: AYES: Council Members Runels, Dickens, Ferrara, Lubin, and Mayor Lady NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 27th day of August, 2002. RESOLUTION NO. 3618 PAGE 2 MICHAE~ ATTEST: ~ ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: ~ ~ N ADAMS, CITY MANAGER APPROVED AS TO FORM: ~~~- TIM HY J. EL, CITY ATTORNEY -----~-~-_.._.- EXHIBIT "An PROGRAM SUPPLEMEN'l' NO. 768 Date :July 25,2002 to Location: 05-SLO-O-ARGD ""1MJ:NXSTER:ING AGENCY-STATE AGREEMBNT Project Number:RPL-5199(016) OR STATE FUNDED PROJECTS NO. 000199 E.A. NUmber:05-4A0884 Locode:5199 This PROGRAM SUPPLEMENT, effective 0613012001, is hereby incorporated into the Administering Agency - State Agreement No. 000199 for State Funded Projects entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 08/02199 and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is adopted 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 payment of funds encumbered to this project, it accepts and will comply with the Special Covenants and Conditions set forth on the following pages. PROJECT LOCAT:ION: Arroyo Grande - north side of Arroo Grande Creek between Bridge and Mason Streets TYPE' 01' WORK: Construct a bluff top pedestrian promena Estimated Cost State I'Imds Matching I'Imds STATE $140,000.00 LOCAL Other lI'und OTHER $255,000.00 $364.00 $114,636.00 $0_00 C:ITY 01' ARROYO GRANDE STATE 01' CAL:II'ORN:IA Department of Transportation By By Chief, Office of Project :tmp1ementat: Date Division of Local Assistance Date Title I hereby certify upon fIlY personal knowledge that budgeted :fund. are available for this encumbrance. Accounting Officer ~ Date 6 $140,000.00 Chapter Statute. Item Program. Be I'UJ1d Source AIII)t!N'1' 52 2000 2660-101-042 2000-2001 20.30,600.635 S 262040 042-T 140,000,00 Program. Supplement 00-0199-768- SERIAL page 1 of 3 i -.---" 05-SLO-O-ARGD 07/2512002 RPL-5199(016) SPECrAL COVENANTS OR REMARKS 1. This PROJECT is programmed to receive funding from the 1998 State Transportation Improvement Program (STrp), as amended. Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per cODlPonent(s). This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. The start of'reimbursable expenditures is restricted to the later of either 1) the effective date of the Master Agreement, 2)the effective date of the PROGRAM SUPPLEMENT, or 3)the effective date of the component specific allocation. 2. STATE and ADMrNrSTERrNG AGENCY agree that additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE approved Allocation Letter and Finance Letter. ADMrNrSTERrNG AGENCY agrees that STATE funds available for reimbursement will be limdted to the amount allocated by the California Transportation Commission (CTC) and/or the STATE. 3. This PROJECT is subject to the timely use of funds provisions enacted by Senate Bill 45 (SB 45), approved in 1997, and subsequent CTC guidelines and State procedures approved by the CTC and STATE, as outlined below: Funds allocated for the environmental & permits, plan specifications & estimate, and right-of-way cODlPonents are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated. Funds allocated for the construction component are subject to an award deadline and contract cODlPletion deadline. ADMrNrSTERrNG AGENCY agrees to award the contract within 12 months of the construction fund allocation and complete the construction or vehicle purchase contract within 36 months of award. 4. upon ADMrNrSTERrNG AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between cODlPonents. An approved time extension will Program Supplement 00-0199-768- SERIAL Page 2 of 3 -~-- 05-SLO-O-ARGD 07/25/2002 RPL-5199(016) SPECIAL COVENANTS OR REMARKS revise the timely use of funds criteria, outlined above, for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components, made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof. Documentation for approved supplementary allocations, time extensions, and fund transfers between components, will be a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate. 5. This PROJECT will be administered in accordance with the CTC STIP guidelines, as adopted or amended, and the STATE Procedures for Administering Local Grant Projects in the State Transportation Improvement Program (STIP) , the Local Assistance Program Guidelines, and the Local Assistance Procedures Manual. The submittal of invoices for project costs shall be in accordance with the above referenced publications and the following. 6. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits, plans specifications & estimate, and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion to make the final payment to the contractor and prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment. 7. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. Funding and reimbursement are available only upon the passage of the State Budget Act containing these STATE funds. Program Supplement 00-0199-768- SERIAL page 3 of 3 .... -..------..-- RESOLUTION NO. 3618 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. 3618 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 27th day of August, 2002. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 30th day of August, 2002. ORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK -----_._~.._---