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HomeMy WebLinkAbout1996-105 1 96-105 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND Cm1MON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM 3 SUPPLEMENT NO. 17 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 THE INSTALLATION OF A BOX CULVERT ON "H" STREET AND KENDALL DRIVE AT DEVIL' S 5 CANYON CHANNEL. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION ONE: The Mayor of the City of San Bernardino is hereby authorized to execute, in behalf of said City, Program Supplement No. 17 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 the Installation of a Box Culvert on "H" Street and Kendall Drive at the Devil' s Canyon Channel, 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 SECTION THREE: The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within ninety (90) days of the passage of this resolution. / / / / / / / / 4-03-96 RES 96-105 RESO: AUTHORIZING PROGRAM SUPPLEMENT NO. 17 OF LOCAL AGE,NCY FEDERAL AID PROJECTS. 1 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 6th day of May 1996 , by the following vote, to-.wi t: , 5 Council Members: 6 NEGRETE 7 CURLIN 8 ARIAS 9 OBERHELMAN 10 DEVLIN 11 ANDERSON 12 MILLER 13 14 15 16 17 18 19 The foregoing resolution is @~AtL L{~_ Ra el Clark, City Clerk hereby approved this ~ _ May day of , 1996. ~ . ~~ ,/7 ....,..~~ --:... Ed~ard V. Negrete, Ma r Pro Tern Ci ty of San Bernardino 20 Approved as to form and legal content: 21 James F. Penman City Attorney 22 23 24 25 26 27 28 .~~ 1 {l~~" - 2 - RES 96-105 ... 96-105 'PROGRAM SUPPLEMENT NO. 017 to STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT NO. SL TPP-5033 Date: Location: Project Number: EA Number: March 30, 1996 08-SBD-0-SBD SB96-5033(006) 08-92....611 'iZ'f-c> ,;!. This Program Supplement is hereby incorporated into the State-Local Trans- portation Partnership Program Agreement for the 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 af~emen- tioned Master Agreement under authority of Resolution No.9, _/D. ,approved by the Local Entity on )f~11; (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 setforth on the following pages. PROJECT TERMINI: "H" STREET AT DEVIL'S CANYON CHANNEL TYPE OF WORK: .WIDEN ROADWAY LENGTH: O.O(Miles) PROJECT CLASSIFICATION OR PHASE(S) OF WORK ~ Construction Estimated Cost State Share Funds Matching Funds FY96$ 26048 Local Other Other $ 442998 FY97 $ 0 $ 416950 $ 0 $ 0 FY98$ 0 City of San Bernardino By .-- ~_ .//-: A .l...:p"'/, 54/?6 I C~~,# C-x: ------ STATE OF CALIFORNIA Depart~ Transportation , By <<e>: ~~ e;~;<(.k.~ Chief, Of Ice of Local rograms Project Implementation Date Date Approved l1lI to form an:llep,! conlcnl: Attest Title JAMES F. PENMAN, Cily Attomey ~ By -0 J~'-4", I hereby Certify upon my personal knowledge that budgeted funds ar ailable for this encumbrance Accounting Officer ~__a \--t.\j, -~ Date JUN 2 6 1996 2.1-+"''''.00 $ 26848.60 Chapter Item Program BC Fund Source AMOUNT 303 1995 2660.12S.042 95.96 20.25.010.100 C 258010 042. T JCRU1.99 2.'''fl../O..re Page 1 of 3 supp.frx RES 96-105 ~ 08-SBD-0-SBD SB96-5033(006) DATE: 03/30/96 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 payable shall not exceed reimbursed as follows: Transportation Partnership funds $ 26048 to be encumbered and FY 95-96 FY 96-97 FY 97-98 $ 26048 $ 0 $ 0 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 Share Funds in this agreement are based on the approved eligible application amount and represent maximum State Funds available for this project. Actual State Share Funds will be calculated after bid opening and will be based on the lower of the approved eligible application amount or the eligible award amount. 3. 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. 4. The Reimbursement Ratio for this Cycle 6 (95/96) Project is ~.80fb. b.""1 Page 2 0 f 3 covnts.frx RES 96-105 ~ 08-SBD-O-SBD SB96-5033(006) DATE: 03/30/96 5. 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 Fundsvwill 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. 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. Page 3 of 3 covnts.frx