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R 3634 RESOLUTION NO. 3634 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 850 TO ADMINISTERING AGENCY- STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. 000199 FOR THE EAST GRAND AVENUE - PHASE III, ELM STREET TO OAK PARK BOULEVARD CAPITAL IMPROVEMENT 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. 850 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 work on the East Grand Avenue - Phase III, Elm Street to Oak Park Boulevard, 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, thatthe City Council ofthe City of Arroyo Grande hereby: A. Approves Exhibit "A" attached, entitled "Program Supplement No. 850 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. 850. On motion of Council Member Ferrara, seconded by Council Member Runels, and on the following roll call vote, to wit: AYES: Council Members Ferrara, Runels, Dickens, Lubin and Mayor Lady NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 26th day of November, 2002. -..-------- RESOLUTION NO. 3634 - PAGE 2 MICH~L ATTEST: ~U RE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT ~~ITY MANAGER APPROVED AS TO FORM: EL, CITY ATTORNEY .-.-'-..__.-...- ----- PROGlUiM SUPPLEMENT NO. 850 Date: October 22, 2002 to Location: 05-SLO-O-ARGD AmlINJ:STBRING AGBNCY-STATE AGREEMENT Project Number:RPL-5199(018) FOR STATE JroNDBD PROJECTS NO. 000199 E.A. Number:05-4A1384 Locode:5199 This PROGRAM SUPPLEMENT, effective 10/0312002, is hereby incorporated into the Administering Agency - State Agreement No. 000 199 for State Funded Projects entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 08102199 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 LOCATION: City of Arroyo Grande TYPE OF WORK: Asphalt Concrete Overlay Estimated Cost State Plmds Matching PuDds STATE $16,000.00 LOCAL OTHER $16,000.00 $0.00 $0.00 $0.00 CITY OF ARROYO GRANDE STATE OF CALIFORNIA Department of Transportation By By Chief, Office of Project Imp1ementati Date Division of Local Assistance Date Title Accounting Offic $16,000.00 Chapter Statut.. It... I'\m4 source AIIOtIN'1' 379 2002 2660-101-042 042-T 16,000.00 program SUpplement 00-0199-850- SElUAL Page 1 of 3 -----..-- - --.._- , 10/22/2002 05-SLO-O-ARGD RPL-5199(018) SPECIAL COVENANTS OR REMARKS 1. STATE and ADMINISTERING 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. ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation Commission (CTC) and/or the STATE. 2. 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 components 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 completion deadline. ADMINISTERING 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. 3. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. An approved time extension will 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. 4. 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 Program SUpplement 00-0199-850- SERIAL Page 2 of 3 --~-- , 1012212002 OS,SLO-()'ARGD RPL-Sl99(018) SPECJ:AL COVENANTS OR REMARKS 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. 5. The ADMJ:NJ:STERJ:NG AGENCY shall invoice STATE for environmental & permdts, 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 ADMJ:NJ:STERJ:NG 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. 6. 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. 7. Award information shall be submitted by the ADMJ:NJ:STERJ:NG AGENCY to the District Local Assistance Engineer immediately after the award. Failure to do so will cause delay in processing the invoices for the construction component. As a minimum, the award information should have the following: project number, project description, PPNO, date the project was advertised, award amount, bid opening date, award date and estimated completion date. 8. This PROJECT is programmed to receive funding from the State Transportation J:mprovement Program (STJ:P). 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 component{s). This PROGRAM SUPPLEMEN'l' 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 SUPPLEMEN'l', or 3)the effective date of the component specific allocation. Program supp1ementOO-0199-850- SERXAL Page 3 of 3 --.----..-- . RESOLUTION NO. 3634 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 Califomia, do hereby certify under penalty of perjury, that Resolution No. 3634 is a true, full, and correct copy of said Resolution passed and adopted a.t a regular meeting of the City Council of the City of Arroyo Grande on the 26th day of November, 2002. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27th day of November, 2002.