R 4342 RESOLUTION NO. 4342
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE APPROVING PROGRAM SUPPLEMENT NO. 009 -N TO
ADMINISTERING AGENCY -STATE AGREEMENT NO. 05 -5199R FOR
THE SOUTH ELM AND ASH STREET SIDEWALK AND BICYCLE
IMPROVEMENT PROJECT
WHEREAS, the City and the State have entered into Administering Agency -State
Agreement for Federal Aid Funded Projects No. 05- 5199R; and
WHEREAS, Program Supplement No. 009 -N to the Administering Agency -State
Agreement for Federal Aid Funded Project No. 05 -5199R designates the State funds
requested and the matching funds to be provided by the City of Arroyo Grande for the
South Elm and Ash Street Sidewalk and Bicycle Improvement Project; and
WHEREAS, the City of Arroyo Grande is eligible to receive State funds.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Arroyo
Grande hereby:
1. Approves Exhibit A attached, entitled "Program Supplement Agreement No. 009 -N,
to Administering Agency -State Agreement for Federal Aid Project No. 05- 5199R ".
2. Appoints the Mayor as the official representative authorized to sign the Program
Supplement Agreement.
On motion of Council Member Brown, seconded by Council Member Costello, and on
the following roll call vote, to wit:
AYES: Council Members Brown, Costello, Guthrie, Ray, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 22 day of February 2011.
RESOLUTION NO. 43W2-
PAGE 2
TONYFER ,
ATTEST:
/ _ r Ls' /L.
KELLY ET / S RE, CITY CLERK
APPROVED AS TO CONTENT:
`SiEV AD MS C ITY MANAGER
APPROVED AS TO FORM:
TII THY J. C MEL, CITY ATTORNEY
EXHIBIT A
PROGRAM SUPPLEMENT NO. N009 Date: January 10, 2011
to Location: 05 -SLO -O -ARGD
ADMINISTERING AGENCY -STATE AGREEMENT Project Number: RPSTPLE - 5199(022)
FOR FEDERAL -AID PROJECTS NO 05 -5199R E.A. Number: 05- 4A2644
Locode: 5199
This Program Supplement hereby adopts and 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 the 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 set forth on the following pages.
PROJECT LOCATION:
In Arroyo Grande, on South Elm Street and at the southeast corner of the intersection of South Elm Street and Ash
Street. Construct curb, g
TYPE OF WORK: Pedestrian and Bike Path LENGTH: 0.0(MILES)
•
Estimated Cost Federal Funds Matching Funds
L220 $75,250.00 LOCAL STATE $9,750.00 OTHER
$101,013.00 $16,013.0C - $0.00
CITY OF ARROYO GRANDE - STATE OF CALIFORNIA
Department of Transportation
By
B
Title Chief, Office of Project Implementation
Division of Local Assistance
•
Date
Date
Attest
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer .-- .l 4 / Date HO - 1 1 585.000.00
Chapter Statutes Item Year Program BC . Category Fund Source AMOUNT
• Program Supplement 05- 5199R -N009- ISTEA Page 1 of 5
05 -S LO -O -ARG D 01/10/2011
RPSTPLE - 5199(022)
SPECIAL COVENANTS OR REMARKS
1. 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 Finance; in order for payment to be made, the last date the
District Local Assistance 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.
2. 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).
3. This PROJECT is programmed to receive funding from the State Transportation
Improvement Program (STIP). 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 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.
4. 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
Program Supplement 05- 5199R -N009- ISTEA Page 2 of 5
05- SLO- 0 -ARGD 0111012011
RPSTPLE - 5199(022)
SPECIAL COVENANTS OR REMARKS
Transportation Commission (CTC) and /or the STATE.
5. 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 6 months of the construction fund allocation and complete the construction or
vehicle purchase contract within 36 months of award.
6. 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.
7. 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.
8. 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.
9. 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 05- 5199R -N009- ISTEA Page 3 of 5
05 -SLO -O -ARGD 01/10/2011
RPSTPLE - 5199(022)
SPECIAL COVENANTS OR REMARKS
10. Award information shall be submitted by the ADMINISTERING AGENCY to the District
Local Assistance Engineer within 60 days of project contract award or with the 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.
11. 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 for
Federal aid projects, or encumberances for State funded projects, as well as to suspend
invoice payments for any on -going or future 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.
12. 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 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.).
Program Supplement 05- 5199R -N009- ISTEA Page 4 of 5
05 -sLO -O -ARGD 01/10/2011
RPSTPLE - 5199(022)
SPECIAL COVENANTS OR REMARKS
13. 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).
Program Supplement 05- 5199R -N009- ISTEA 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. 4342 is a true, full, and correct copy of said Resolution passed and
adopted at a Regular meeting of the City Council /Redevelopment Agency of the City of
Arroyo Grande on the 22 day of February 2011.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 24 day of
February 2011.
KELLY W F MO n , CITY CLERK