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HomeMy WebLinkAbout1996-035 RES 96-35 1 RESOLUTIOll llO. _-.-?6::.1~_____ 2 RESOLUTION OF THE ~ffiYOR AND CO~10N COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEI1ENT NO. 11 OF LOCAL AGENCY FEDERAL-AID PROJECTS, BETWEEN SAID CITY AIm THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTl1ENT OF TRANSPORTATION, RELATING TO PAVEMENT REHABILITATION ON PACIFIC STREET, FROM PERRIS HILL ROAD TO DEL 5 ROSA DRIVE. 6 7 3 4 BE IT RESOLVED BY THE lffiYOR AND Cm11'lON COUNCIL OF THE CITY OF SAN BERNARDIllO AS FOLLOvIS: SECTION ONE: The Mayor of the City of San Bernardino 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 is hereby authorized to execute, in behalf of said City, Program Supplement No. 11 to State-Local Transportation Partnership Program Agreement No. SLTPP-5033 between said City and the State of California, acting bv and through its of Transportation, Department relating to the paveMent rehabilitation on Pacific Street, from Perris Hill Road to Del Rosa Drive, a copy of which is attached hereto Marked Exhibit "A" and incorporated here ill by reference as fully as though set forth at length herein. SECTION TWO: The agreeMent shall not take effect until fully signed and executed by all parties. The City shall not be obligated hereunder unless and until the agreeMent is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION THREE: The authorization to execute the above- referenced agreement is rescinded ." ~~ the parties to the agreement fail to execute it wi thin ninety (90) days of the passage of this resolution. 1 1 1 1 1 1 1 1 1-09-96 RES 96-35 . . RESO: AT1THORI ZING PROGRAH SUPPLEMENT NO. ,11 OF LOCAL' At;ENCY FEDERAL AID PROJECTS. 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Hayor and COMPlOn Council of the City of San 3 Bernardino at a regular meeting thereof, held on the 4 5th de,y of February , 1996, by the following vote, to-wit: 5 6 NEGRETE 7 8 Council Members: AYES NAYS ABSTAIN ABSENT x CURLIN x HERNANDEZ x 9 OBERHELHAN 10 DEVLIN 11 POPE-LUDLAM x x x 12 HILLER x 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /--) 1 ~ ,! ~tC~C Cl..4-~ y,,-- Ra el Clark, City Clerk 111. The foregoing resolution is hereby approved this February day of , 1996. ~'(,41'/~ , Tom M~nor, Mayor Ci ty of San Bernardino Approved as to form and legal content: James F. Penman City Attorney l~ - 2 - RES 96-35 PROGRAM SUPPLEMENT NO. 011 to STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT NO. Da Location: O?i:'2 '.project Number: 'E.A. Number: SLTPP-5033 October 24, 1995 08-SBD-0-SBD SB94-5033(154) 08-955822 This Program Supplement is hereby incorporated into the State-Local Trans- ?ortation Partnership Program Agreement for State Share Funds which was entered into between the Local Entity and the State on 02/09/93 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 3 of Article I of the aforemen- tioned Master Agreement under authority of Resolution No. approved by the Local Entity on (See copy attached) . The Local Entity further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with any covenants or remarks set forth on ehe following pages, PROJECT TERMINI: PACIFIC ST FROM PERRIS HILL RD TO STERLING AVE TYPE OF WORK: REHABILITATE PAVEMENT LENGTH: 0.0 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [Xl Construction Estimated costl State Share Funds I Matching Funds .3 FY94 $ 116247 FY95 $ FY96 $ o 9778 $ o Local OTHER 106469 $ OTHER o $ o City of San Bernardino .------...., ,----- ~ )~ " /?;7r(' /./l/krl - ......... Hayor STATE OF Departm Liaison Branch Programs By ~ief, Office Date J.7-1.0 /) ""-\ .C..c/\..Lt, e-z..~~./-/~ \ City Clerk Date '} / off it Attest Title : ~e~ecy Certi:y upc~ ~y perscnal k~owledge that budgeted funds are available =or th~s encumbrance: :~apterl Stat~tes Item /-'1 1(;) Date 2',,: - Q';- $ 9778.00 . Year Progra~ IBcl Fu~d Source A.."1CUNT 93-94 20.25.010.100 C 25801:: J42-1' 9778.00 Accounting Officer 55 1993 2660-125-042 Approved as to forM and legal content: Janes F. PenMan City Attorney I) By f;~~ 71~ (/ Page 1 of 3 RES 96-35 08-SBD-0--SBD SB94-5033(154) DATE: 10/24/95 .. J3?h,":.~"~' ~ ! ,,,1. " '. ~ SPECIAL COVENANTS OR REl1ARKS 1. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the agreement were executed after that determination was made. The total amounc of State-Local Transportation Partnership funds payable by the State shall not exceed $9778 to be encumbered and reimbursed as follows: FY 93-94 $ 0 FY 94-95 9778 FY 95-96 0 Any increase in State Partnership funds will require a revised program supplement. Any decrease l.n State Partnership funds will require a revised finance letter. 2. The State Funds Share is calculated based on the lower of the approved eligible application amount or the eligible award amount. 3. SPECIAL COVENANTS FOR SLTPP PROJECTS UNDER EARLY REIMBURSEMENT PLAN AND UNDER $300,000 STATE SHARE These Covenants supersede any conflicting provisions of the Master Agreement: A. The LOCAL E~TITY agrees that the payment of State Share Funds will be limited to the lessor of the product of multiplying the calculated pro rata percentage as determined by the STATE by either: (a) The eligible award amount or (b) The total eligible State/Local Partnership Project cost in the approved State/Local Partnership Program Application and accepts any consequent increase in LOCAL ENTITY funding requirements. B. The LOCAL ENTITY will invoice the State for the full "State's Share" after the contract award or upon the State Budget Act appropriation of funds, whichever occurs later. "State's Share" is considered a grant and will be reimbursed as a lump sum payment regardless of final project cost. Page 2 of 3 . RES 96-35 08-SBD-0-SBD :JB94-5033 (154) ~-l~'t::' ~:~,I ...." ~ ';j;j "-,,f ~ . ~;... DATE: 10/24/95 SPECIAL COVENANTS OR REMARKS C, Prior to reimbursement under this Program Supplement, a Request For Early Reimbursement form, executed by the LOCAL ENTITY, must be on file with the STATE. D. The financial audit and Final Project Expenditure Report provisions of Sections 9 and 10 of ARTICLE I of the Master Agreement are not applicable to this PROJECT, 4. In accordance with the State-Local Transportation Partnership Program Guidelines dated June 8, 1994, project eligibility is limited to contract items plus locally funded State or Local Entity furnished materials and Supplemental Work. Supplemental Work eligibility is further defined under the Project Eligibility section of the Guildelines as limited to certain maximum costs and to non-early reimbursement projects of $300,000 or less. 5. The Reimbursement Ratio for this Cycle 4 (93/94) Project is 22.43%. Page 3 of 3