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HomeMy WebLinkAbout1996-091 1 2 3 4 5 6 7 96-91 RESOLUTION NO. RESOLUTION OF THE MAYOR AND cmmON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAJ'1 SUPPLEMENT NO. 13 OF LOCAL AGENCY FEDERAL--AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO IMPROVEMENT OF CENTRAL AVENUE, FROM TIPPECANOE AVENUE TO MT. VIEW AVENUE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION ONE: The Mayor of the City of San Bernardino 8 is hereby authorized to execute, in behalf of said City, 9 Program Supplement No. 13 to State-Local Transportation 10 Partnership Program Agreement No. SLTPP-5033 between said City 11 and the State of California, acting by and through its 12 Department of Transportation, relating to the Improvement of 13 Central Avenue, from Tippecanoe Avenue to Mt. View Avenue, a 14 copy of which is attached hereto marked Exhibit "A" and 15 incorporated herein by reference as fully as though set forth 16 at length herein. 17 SECTION TWO: The agreement shall not take effect until 18 fully signed and executed by all parties. The City shall not be 19 obligated hereunder unless and until the agreement is fully 20 executed and no oral agreement relating thereto shall be 21 implied or authorized. 22 SECTION THREE: '1'he authorizatio!"1 to execute the above- 23 referenced agreement is rescinded if the parties to the 24 agreement fail to execute it within ninety (90) days of the 25 passage of this resolution. 26 / / / / 27 / / / / 28//// 4-01-96 RESO: AUTHOR I ZING PROGRAH SUPPLEMENT no. 13. OF LOCAL AGENCY FEDERAL AID PROJECTS. 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Cornmon Council of the City of San 3 Bernardino at a 4 15th day of April 5 Council Members: 6 NEGRETE 7 CURLIN 8 ARIAS 9 OBERHELMAN 10 DEVLIN 11 ANDERSON 12 HILLER 13 14 15 16 17 18 19 20 2] 22 23 24 25 26 27 28 Q~. ~..,,~Ic Ra~~ Clark, City Clerk The foregoing resolution is hereby approved this Ib~ April day of , 1996. City Minor, Mayor San Bernardino Approved as to forn and legal content: James F. Penman City Attorney Bya~-, ./ - 2 - ~ ~ 96-91 Date: Location: Project Number: E.A. Number: SLTPP-5033 March 7, 1996 08-SBD-0-SBD SB96-5033 (002) 08-955904 PROGRAM SUPPLEMENT NO. 013 to STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT NO. 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. 1'-~1 approved by the Local Entity on Y/I"16 (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: CENTRAL AVENUE FROM TIPPECANOE TO MT VIEW TYPE OF WORK: CONSTRUCT NEW ROAD LENGTH: 0.0 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [Xl Construction Estimated Costl State Share Funds I $ FY96 $ 152560 FY97 $ FY98 $ 8237 o $ o Matching Funds Local OTHER 144323 $ OTHER o $ o By ::jfJYV\ V/;tt~ Mayor STATE OF CALIFORNIA Department of Transp tation City of San Bernardino By Chief, Programs Project Date tfj;t/ql" C2~. C~ "- City Clerk Date bin I)' 6 Attest Title I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Offic Item Date 3.7. 9 f- $ 8237.00 Chapter I Statutes Program IBel Fund Source AMOUNT 303 1995 2660-125-042 95-96 20.25.010.100 C 258010 042-T 8237.00 Approved as to form and legal content: James F. Penman City Attorney By /1 J/J...e.) ./~ Page 1 of 3 .' 08-SBD-0-SBD SB96 - 5033 (002) DATE: 03/07/96 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 $8237 to be encumbered and reimbursed as follows: FY 95-96 $ FY 96-97 FY 97-98 8237 o 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 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 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 . " .- cu~, "'l/ ~ , 08-SBD-0-SBD SB96-5033 (002) DATE: 03/07/96 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. 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 6 (95/96) Project is 5.88%. Page 3 of 3