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HomeMy WebLinkAbout1996-093 .. 1 ~6-';l3 RESOLUTION NO. 2 RESOLUTION OF THE HAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM 3 SUPPLEMENT NO. 15 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 RIALTO AVENUE, WEST OF "E" STREET, AMD MILL STREET, EAST OF "D" 5 STREET. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 26 27 / / / / 28//// 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 is hereby authorized to execute, in behalf of said City, Program Supplement No. 15 to State-Local Transportation Partnership Program Agreement No. SLTPP-5033 between said City and the State of California, acting by and through its Department of Transportation, relating to Improvement of Ria1to Avenue, west of "E" Street, and Mill Street, east of "D" Street, a copy of which is attached hereto marked Exhibit "A" 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 relating 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 SECTION THREE: The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within ninety (90) days of the passage of this resolution. 4-02-96 RES 96-93 RESO: AUTHORI ZING PROGRAM SUPPLEMENT NO, 15 OF LOCAL AGENCY .EEDERAL AID PROJECTS. ] I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a regular meeting thereof, held on the 4 l5thday of , 1996, by the following vote, to-wit: April 5 Council Members: AYES NAYS ABSTAIN ABSENT 6 NEGRETE 7 CURLIN 8 ARIAS 9 OBERHELMAN 10 DEVLIN 11 ANDERSON 12 MILLER 13 x x x x x x x 14 15 16 17 18 19 20 2] 22 23 24 25 26 27 28 C-L,,(~ '-*-. Clark, City Clerk The foregoing resolution is hereby approved this Ib/& April day of , 1996. ~-2i / eJ??~ ::t./-N-~. ___ / T Minor, Mayor Ci ty of San Bernardir>o Approved as to form and legal content: James F. Penman City Attorney BY~~/ ./ - 2 - RES 96-93 96-93 Date: March 7, 1996 Location: 08-SBD-0-SBD Project Number: SB96-5033(005) E.A. Number: 08-955906 SLTPP-5033 PROGRAM SUPPLEMENT NO. 015 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. ., b-1j approved by the Local Entity on 'f/"1.'( I r b (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 SBD CITY ON RIALTO ST W/O E ST & MILL ST E/O D ST. TYPE OF WORK: WIDEN ROADWAY LENGTH: 0.0 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [Xl Construction Estimated costl State Share Funds I FY96 $ 3048 $ 51838 FY97 $ 0 $ FY98 $ 0 City of San Bernardino Matching Funds Local OTHER 48790 $ OTHER o $ o By ~. & \ / .z:;;7~( ~~ , ~ llayor STATE OF CALIFORNIA Departmen of Transpo Date Vf6/fb cecJuL CL~r---fc By Chief, 0 f~ce Project Imple Programs Date (,117 J9 b f . Attest Title City Clerk I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Chapter I Statutes Date 1.7. '1 (.. $ 3048.00 Accounting Offic Item Program IBcl Fund Source }\MOUNT 303 1995 2660-125-042 95-96 20.25.010.100 C 258010 042-T 3048.00 Approved as to forn and legal content: James F. Penman City Attorney Page 1 of 3 BY~ ./ ~s 9{;-93 '7' ? 08-SBD-0-SBD SB96-5033 (005) 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 $3048 to be encumbered and reimbursed as follows: FY 95-96 $ FY 96-97 FY 97-98 3048 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 ib) 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 IlES 96-93 08-SBD-0-SBD SB96-5033 (005) 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