HomeMy WebLinkAbout1996-044
L
1
RESOLUTION NO.
96-44
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM
3 SUPPLEMENT NO. 12 OF LOCAL AGENCY FEDERAL-AID PROJECTS, BETWEEN
SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH
4 ITS DEPARTMENT OF TRANSPORTATION, RELATING TO IMPROVEMENT OF
HIGHLAND AVENUE, FROM DENAIR AVENUE TO 350 FEET EAST OF BOULDER
5 AVENUE.
6
7
8
is
2
BE IT RESOLVED BY THE 11AYOR AND C011HON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION ONE:
The Mayor of the City of San Bernardino
hereby
authorized
in
to
execute,
behalf
of
said City,
9
Program
Supplement
No.
12
to
State-Local
Transportation
10
Partnership Program Agreement No. SLTPP-5033 between said City
11
12
and
the
State
California,
of
acting
by
and
through
its
DepartMent
of
Transportation,
relating
to
Improvement
of
13
Highland Avenue, from Denair Avenue to 350 feet east of Bolder
14
Avenue, a copy of which is attached hereto marked Exhibit "A"
15
16
17
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19
20
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22
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24
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and incorporated herein 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 rel~ting thereto shall be
implied or authorized.
SECTION THREE: The authorization to execute the above-
referenced agreement is rescinded if the parties to the
agreement fail to execute it within ninety (90) days of the
passage of this resolution.
/ I I I
I I / /
2-6-96
,RES 96-44 .
ESO: AUTHORI ZING PROGRAlI SUPPLEMENT NO. 12 OF LOCAL AGENCY
FEDERAL AID PROJECTS.
1
I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Hayor and Common Council of the City of San
3 Bernardino at a
regular
meeting thereof, held on the
4
19th day of
R
, 1996, by the following vote, to-wit:
February
5 Council Members:
6 NEGRETE
7 CURLIN
8 ARIAS
9 OBERHELMAN
AYES
NAYS
ABSTAIN
ABSENT
x
x
x
x
10 DEVLIN
11 AIlDERSON
12 l1ILLER
13
x
x
x
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
~rk~erk
The foregoing resolution is hereby approved this 02!?~
February
day of
, 1996.
Approved as to form
and legal content:
-;;;:~fi4~
I Tom l1inor, Mayor
Ci ty of San Bernardino
James F. Penman
City Attorney
i~
BY~~-7
(/
il
}, ( ?/1/l-~
KtS9~'-i~GRAM SUPPLEMENT NO. 012
to
STATE-LOCAL TRANSPv~TATION
PARTNERSHIP PROGRAM AGREEMENT NO.
Date: January 4, l~~o
Location: 08-SBD-0-SBD
Project Num" ~: SB95-5033(002)
E.A. NUIIU.o..r: 08-955843
SLTPP-5033
This Program Supplement is hereby incorporated into the State-Local Trans-
portation 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. 9~-~~
approved by the Local Entity on 1./1-....19-' (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 the following pages.
PROJECT TERMINI:
IN THE CITY OF SAN BERDARDINO ON HIGHLAND AVE: DENAIR TO BOULDER.
TYPE OF WORK: WIDEN ROADWAY
PROJECT CLASSIFICATION OR PHASE (S) OF WORK
[Xl Construction
LENGTH: 0.0 (MILES)
Estimated costl State Share Funds I
Matching Funds.
$
FY95 $
552832 FY96 $
FY97 $
o
104481 $
o
Local OTHER
448351 $
OTHER
o $
o
City of San Bernardino
By
~fJ \
(I(;m ~
/ !-!a 0
STATE OF CALIFORNIA
::par~~rtation
Chief, Office of Local Programs
Project Implementation
Date
;;/.;1-1 Ire.
r{~~
City Clerk
Date
'3 y/"...!,"
Attest
Title
I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer ~{9raO \-<,,0. ,:J Date
Chapter I Statutes
\-4-~'l\
$
104481.00
Item
Year
Program
lecl Fund Source
AMOUNT
139 1994
2660-125-042
94-95
20.25.010.100
C 258010 042-T
104481. 00
Approved as to forM
and legal content:
JaMes F. PenMan
City Attorney
By t~7,~
()
Page 1 of 3
JIjr'"~44 .
/ . 08-SBD-0-SBD
SB95-5033(002)
DATE: 01/04/96
SPECIAL COVENANTS OR REMARKS
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 amount of State-Local Transportation
Partnership funds payable by the State shall not exceed
$104481 to be encumbered and reimbursed as follows:
FY 94-95 $
FY 95-96
FY 96-97
o
104481
o
Any increase in State Partnership funds will require a
revised program supplement.
Any decrease in State Partnership funds will require a
revised finance letter.
2. The State Funds Share is calculaced 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 ENTITY 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
~' _ u_ ___H
/ 08-SBD-0-SBD
SB95-5033 (002)
DATE: 01/04/96
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. The Reimbursement Ratio for this Cycle 5 (94/95) Project is
19.35%.
5. 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.
Page 3 of 3