R 4362 RESOLUTION NO. 4362
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE APPROVING PROGRAM SUPPLEMENT NO. 012 -N TO
ADMINISTERING AGENCY -STATE AGREEMENT NO. 05 -5199R FOR
THE EL CAMINO REAL REHABILITATION AND ENHANCEMENT
PROJECT
WHEREAS, the City and the State have entered into Administering Agency -State
Agreement for State Funded Projects No. 05- 5199R; and
WHEREAS, Program Supplement No. 012 -N to the Administering Agency -State
Agreement for State Funded Projects No. 05 -5199R designates the State funds
requested and the matching funds to be provided by the City of Arroyo Grande for the El
Camino Real Rehabilitation and Enhancement 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. 012 -N,
to Administering Agency -State Agreement for State Funded Projects 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 Guthrie, and on
the following roll call vote, to wit:
AYES: Council Members Brown, Guthrie, Costello, Ray, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 24 day of May 2011.
RESOLUTION NO. V36a
PAGE 2 r
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TONY FER A, AYOR
ATTEST:
/al /L L . ad 44 1
KELLY ETj ORE, CITY CLERK
APPROVED AS TO CONTENT:
ST V ADAMS CITY MANAGER
APPROVED AS TO FORM:
7 77 - "----_, TIMOTHY J. A EL, CITY ATTORNEY
PROGRAM SUPPLEMENT NO. N012 Date: April 8, 2011
to Location: 05 -SLO -0 -ARGD
ADMINISTERING AGENCY -STATE AGREEMENT Project Number: RPSTPLE- 5199(023)
FOR FEDERAL -AID PROJECTS NO 05 -5199R E.A. Number: 05- 4A2654
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 El Camino Real. Construct retaining wall and sidewalk, pave and stripe bicycle lane, and install
lighting, landscaping
TYPE OF WORK: Construct Sidewalk, pave and stripe bicycle lane LENGTH: 0.0(MILES)
Estimated Cost Federal Funds Matching Funds
L22E $349,000.00 LOCAL OTHER
$349,000.00 $0.0 $0.00
CITY OF ARROYO GRANDE STATE OF CALIFORNIA
Department of Transportation
By By
Chief, Office of Project Implementation
Title Division of Local Assistance
Date Date
Attest
I hereby certify upon myy rsonal knowledge that budgeted funds are available for this / encumbrance:
Accounting Officer V t o Date `T 4 / 0 h/ $349.000.00
Chapter Statutes Item Year Program BC Category Fund Source AMOUNT
Program Supplement 05- 5199R -N012- ISTEA Page 1 of 4
STATEOF CALIFORNIA. DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF (REV. 01/2010)
Page _ of
TO: STATE CONTROLLER'S OFFICE DATE PREPARED: PROJECT NUMBER:
Claims Audits 11 Apr - 11 05D0020189
3301 "C" Street, Rm 4D4 REQUISITION NUMBER / CONTRACT NUMBER:
Sacramento, CA 95816 050000000402
FROM:
Department of Transportation
SUBJECT:
Encumbrance Document
VENDOR / LOCAL AGENCY:
CITY OF ARROYO GRANDE
CONTRACT AMOUNT:
$349,000.00
PROCUREMENT TYPE:
Local Assistance
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CHAPTER STATUTES ITEM YEAR PEC /PECT TASK /SUBTASK AMOUNT
1 2009 2660- 101 -890 2010 2030600/731 2280/0100 $349,000.00
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ADA NOtll For Individuals with sensory disabilities, this document is available in alternate formats. For information, call (915) 654 -6410 of TDD (916) -3880 or write
Records and Forms Management, 1120 N. Street, MS -89, Sacramento, CA 95814.
05 -SLO -0 -ARGD 04/08/2011
RPSTPLE- 5199(023)
SPECIAL COVENANTS OR REMARKS
1. This PROJECT is programmed to receive Federal Transportation Enhancement Activities
(TEA) fund. The ADMINISTERING AGENCY agrees that any functional or operational
change to a TEA PROJECT, before,: during or after PROJECT acquisition and /or
construction, that does not comply with, or is in conflict with, the TEA program
requirements and the original purpose of the project at the time it was programmed may
render the PROJECT ineligible for Federal reimbursement and ADMINISTERING
AGENCY may be required to reimburse STATE the entire amount of TEA funds
contributed to the project or the value of the TEA fund contribution, based upon the fair
market value of the acquisition and /or construction, at the time the conflict and /or non -
compliance is determined, whichever is greater.
2. 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.
3. 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.
4. 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.
5. 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 t"rmely use of funds criteria, outlined above, for the
Program Supplement 05- 5199R -N012- ISTEA Page 2 of 4
05 -SLO -O -ARGD 04/08/2011
RPSTPLE - 5199(023)
SPECIAL COVENANTS OR REMARKS
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.
6. 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.
7. 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 fi nal Report of Expenditures and final invoice, and submit to
STATE for verification and payment.
8. 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.
9. 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).
10. 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.
Program Supplement 05- 5199R -N012- ISTEA Page 3 of 4
05- SLO -0-ARGD 04/08/2011
RPSTPLE- 5199(023)
SPECIAL COVENANTS OR REMARKS
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.).
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 -N012- ISTEA Page 4 of 4
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
Resolution No. 4362 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 24 day of May 2011.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27
day of May 2011.
_ ��_id -LA& Lt
KELLY • T, RE, CITY CLERK
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