R 3651
RESOLUTION NO. 3651
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING PROGRAM SUPPLEMENT
AGREEMENT NO. 894 TO ADMINISTERING AGENCY.
STATE AGREEMENT FOR STATE FUNDED PROJECTS NO.
000199 FOR THE BRANCH MILL ROAD REHABILITATION
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. 849 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
Branch Mill Road Rehabilitation capital improvement project; and
WHEREAS, the City of Arroyo Grande is eligible to receive State Transportation
Improvement Program (STIP) funds for this project; and
WHEREAS, the Branch Mill Road Rehabilitation capital improvement project is
programmed to receive $15,000 of STIP funding in FY 2005/06 and $229,000 in FY
2006/07; and
WHEREAS, Program Supplement No. 849 to the Administering Agency-State Agreement
for State Funding Projects No. 000199 allows the City of Arroyo Grande to use its local
funds to implement the Branch Mill Road Rehabilitation Project now and also the State to
reimburse the City in the fiscal years in which the project is programmed.
NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Arroyo Grande
hereby:
A. Approves Exhibit "A" attached, entitled "Program Supplement No. 894 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. 894.
On motion of Council Member Dickens, seconded by Council Member Costello, and on the
following roll call vote, to wit:
AYES: Council Members Dickens, Costello, Runels, Lubin and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 11th day of February, 2003.
RESOLUTION NO. 3651
PAGE 2
TONY
ATTEST:
UV~
ORE, DIRECTOR OF ADMINISTRATIVE SERVICES
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
j)~ ~ /7
STEVEN ADAMS, CITY ~ER
APPROVED AS TO FORM:
~ ~C7
TIMO ~ EL, CITY ATTORNEY
-..'-...---..------
Exhibit A
PROGRAM SUPPLEMENT NO. 894 Date: February 4, 2003
to Location: 05-Sl0-o-ARGO
ADMINISTERING AGENCY-5TATE AGREEMENT ProJect Number: RPL-S199(019)
FOR STATE FUNDED PROJECTS NO 000199 E.A. Number: 05-4A 1504
Locode: 5199
fPtJo; 01 /i'1 A
This Program Supplement, effective . 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 data of 08102199 and is Subject to all the tenns and condllJons thereof. This_ PROGRAM SUPPLEMENT is
adopted In accordance w~h 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, ~
accepts and will comply with the Special Covenants and Cond~lons set forth on the following pages.
PROJECT LOCATION:
Branch Mill Road Rehab. Grind and Overlay the existing AC Pavement, stomi drain Improvements. and striping.
TYPE OF WORK: Road Rehabllflatlon
EstImated Coat neI. "atelllng Funds .
SB45 STATE $244.000.00 LOCAL OTHER
$244.000.00 $0.0< $0.00
CITY OF ARROYO GRANDE STATE OF CAUFORNIA
Depertment of Transportation
By ~Ief. OffIce of ~ct Impl.mentatlon
TItle Dlvlalon of Local ~.I"'nce
Dllta Data
AU'"
I hereby certify upon my personal knowledge that budgeted funds are avaUable for this encumbrance:
(7~ be.. ~t:::: ~,,!t if tJ.;o.tI tJlttl< ere: a.1(ocJe., f-J)) $244.000.00
Accounting . DIlle
Chapter Statutes Item Year Program BC Category Fund Source AMOUNT
.
Progl'1lm Supplement 00.0199-894- SERIAL Page 1 of 4
05-SLo-o-ARGD 0210412003
RPL-S1 99(01 9)
SPECIAL COVENANTS OR REMARKS
Special Covenants for AB3090 Agreement
(Version January 31, 2003)
1. This PROJECT is presently programmed to receive future funding from the State
Transportation Improvement Program (STIP) under one or more components. In addition
to other requirements, a STIP Amendment that replaces the original PROJECT
programming with a PROJECT programmed for reimbursement must be noticed and
approved by the CTC before that reimbursable work can occur for. the component
identified herein.
2. This PROGRAM SUPPLEMENT has been prepared under the authority of
Government Code section 14529.7(b)(AB3090) in order. to allow the ADMINISTERING
AGENCY to use it's local (non-state and non-federal) funds to implement PROJECT
earlier and allow STATE to reimburse ADMINISTERING AGENCY's eligible PROJECT
expenditures with STIP funds at a later date, if and when the CTC allocates such funds
and State Budget Authority exists. The earliest commencement of reimbursable
expenditures is restricted to the later of 1) the effective date of the Master Agreement, 2)
the effective date of this PROGRAM SUPPLEMENT, 3) the effective date of the STIP
Amendment, or 4) the authorization date of the E-76 (if federal. funds are involved).
3. Execution of this PROGRAM SUPPLEMENT does not encumber any STIP or other
State or Federal funds. Programmed reimbursement funds can only be encumbered by a
subsequent STATE Issued finance letter if and when those funds are allocated by the
CTC (and State Budget Authority exists) and subsequent to the conversion of Advanced
Construction to federal funds (if federal funds are involved).
4. ADMINISTERING AGENCY agrees that reimbursement will only be authorized for
allowable PROJECT expenditures and will be limited to the amount originally
programmed in the STIP or that amount allocated by the CTC for the PROJECT. The
PROJECT scope may be modified within CTC STIP guidelines when approved by both
. the STATE and the CTC. ADMINISTERING AGENCY agrees to bear any cost differential
resulting from a change in scope or a cost overrun. Reimbursement of programmed STIP
funds is subject to that payment schedule set forth by the eTe in any amended STIP
programming document, is limited to the eligible PROJECT expenditures as set forth in
the final invoice, and said amount shall not exceed the total amount originally
programmed in the STIP or the amount allocated by the CTC, whichever Is less. STATE
agrees to reimburse ADMINISTERING AGENCY upon the encumbrance of these funds, if
and when allocated by CTC, and the passage of the State Budget Act authorizing the
expenditure of those funds.
5. ADMINISTERING AGENCY agrees that subsequent to an AB3090 STIP Amendment
Approval by the CTC, the scheduled PROJECT programmed for reimbursement may be
re-programmed for a later fiscal year by CTC. The revised programmed year will become
the reimbursement year if and when said allocation occurs and State Budget Authority
exists. ADMINSTERING AGENCY agrees that the CTC may allocate these STIP funds
for reimbursement of eligible PROJECT expenditures in one lump sum, or may provide
funds in one or more fiscal years if and when said allocation occurs and the necessary
Program Supplement 00-0199-894- SERIAL Page 2 of 4
OS-SLO-O-ARGD 0210412003
RPL-5199(019)
SPECIAL COVENANTS OR REMARKS
State Budget Authority exists.
6. PROJECT will be administered in accordance with the CTC STIP guidelines, as then
adopted or amended, the CTC Advance Local Funding and Reimbursement Guidelines
(AB3090), the latest published Local Assistance Program Guidelines, and the Local
Assistance Procedures Manual, all of which are, by this reference, made an express part
of this PROGRAM SUPPLEMENT.
7. ADMINISTERING AGENCY agrees to notify the appropriate Metropolitan Planning
Organization (MPO)/Regional Transportation Planning Agency (RTPA) within 30 days of
that CTC approval of the STIP Amendment for this PROJECT and request that the
MPO/RTPA submit a request for the FTIP amendment to the STATE and FHWA for
approval, if necessary.
8. ADMINISTERING AGENCY will reimburse STATE for the ADMINISTERING
AGENCY'S share of costs for work requested to be performed by STATE.
9. All project repair, replacement and maintenance involving the physical condition and
operation of the PROJECT improvements referred to in Article III MAINTENANCE, of the
aforementioned Master Agreement will be the responsibility of the ADMINISTERING
AGENCY and shall be performed at regular intervals and as required for safe and efficient
operation of the completed PROJECT improvements.
10. If PROJECT construction is completed prior to the CTC allocation of funds,
ADMINISTERING AGENCY shall prepare the final Report of Expenditures and draft final
invoice, and submit to the District Local Assistance Engineer (DLAE) for verification and
final inspection. The eligible expenditures in the draft final invoice will not be paid until
after the CTC's allocation of funds, the passage of the State Budget Act containing these
funds, and the submittal to the DLAE of the final invoice (with a current date) by
ADMINISTERING AGENCY.
11. ADMINISTERING AGENCY is required to have an audit in accordance with the Single
Audit Act and OMS A-133 if ADMINISTERING AGENCY receives a total of $300,000 or
more in federal funds in a single fiscal year. Any federal funds received under this
PROJECT may be a part of the Catalogue of Federal Domestic Assistance (CD FA)
20.205, Highway Planning and Research funding (OMB A-133 superceded OMB A-128
in 1996 and any reference to OMB A-128 in a Master Agreement (if any) is superceded
by this covenantto conform to OMB A-133).
12. Award information shall be submitted by the ADMINISTERING AGENCY to the DLAE
immediately after PROJECT contract award. Please refer to Section 15.7 'Award
Package' of the Local Assistance Procedures Manual.
13. If federal funds are to be utilized for this PROJECT, ADMINISTERING AGENCY
agrees to first submit a request for 'Advance Construction Authorization' to the DLAE.
ADMINISTERING AGENCY also agrees that ADMINISTERING AGENCY will only
proceed with PROJECT work authorized for specific phase(s) after receipt of a STATE
Program Supplement 00-0199-894- SERIAL P8ge 3 of 4
05-SLo-o-ARGD 0210412003
RPL-5199(0191
SPECIAL COVENANTS OR REMARKS
issued "Authorization to Proceed" for that phase(s) unless no further State or Federal
funds are needed for those future phase(s).
14. ADMINISTERING AGENCY shall conform to all State statutes, regulations and
procedures (including those set forth in the Local Assistance Procedures Manual) relating
to the Federal-aid Program, all Title 23 Federal requirements, and all appli-::able Federal
laws, regulations, and policy and procedural or instructional memoranda.
15. STATE shall process ADMINISTERING AGENCY's request for Advance Construction
Authorization after execution of this PROGRAM SUPPLEMENT and approval of the STIP
Amendment by CTC once PROJECT is in the triennial period of the current FSTIP.
16. ADMINISTERING AGENCY agrees to submit a written request to the CTC and
STATE for allocation of programmed reimbursement STIP funds at the beginning of the
fiscal year in which the PROJECT was originally programmed or at the time
ADMINISTERING AGENCY has completed the PROJECT, whichever comes earlier.
17. Following CTC allocation, the PROJECT will be subject to the timely use of funds
provisionS enacted by Senate Bill 45 (SB 45), approved in 1997, and ~dopted in the
subsequent CTC guidelines. However, if the award of contract happens prior to the CTC
allocation, ADMINISTERING AGENCY agrees to complete PROJECT construction within
36 months of that allocation date.
18. If PROJECT is still under construction if and when CTC allocates the STIP funds for
PROJECT and State Budget Authority exists, ADMINISTERING AGENCY will be
reimbursed only for eligible PROJECT expenditures for work completed to date, and shall .
thereafter submit progress reports and invoices for any remaining eligible PROJECT
expenditures monthly in arrears.
19. If PROJECT will be combined with other projects with STIP and other State and
Federal Funds into one contract, a separate Program Supplemental Agreement will be
prepared and executed, if and when the CTC allocates these funds.
.-
Program Supplement 00-0199-894- SERIAL Page 4 of 4
RESOLUTION NO. 3651
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. 3651 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 11 th day of February, 2003.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 12th
day of February, 2003.
iJJl~
ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
i
-.--- -~._-