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HomeMy WebLinkAbout1994-261 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 94-261 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 8 TO STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP NO. 5033, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO IMPROVEMENT OF WATERMAN AVENUE, FROM SIXTH STREET TO NINTH STREET. 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. to State-Local Transportation 8 Partnership Program Agreement No. SLTPP No. 5033, between said City and the State of California, acting by and through its Department of Transportation, relating to the improvement of Waterman Avenue, from Sixth Street to Ninth 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 SECTION THREE: The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within ninety (90) days of the passage of this resolution. / / / / / / / / 8-4-94 L___ RESO: AUTHORIZING PROGRAM SUPPLEMENT NO. 8 TO ~TATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP- 5033. 1 2 3 4 5 94-261 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 6th day of September , 1994, by the following vote, to-wit: Council Members: AYES NAYS ABSTAIN ABSENT 6 NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN x x x x 10 DEVLIN 11 POPE-LUDLAM 12 MILLER x x x 13 14 15 16 17 18 19 fl~k~erk The foregoing resolution is hereby approved this p~ day of September , 1994. ~')t~ I Tom Minor, Mayor Ci ty of San Bernardino Approved as to form 20 and legal content: 21 James F. Penman City Attorney 22 23 /By~r2- 24 25 26 27 28 - 2 - I f ,-261 PROGRAM SUPPLEMENT . 008 to STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT NO. ,'''"'''',\' < ",' ',0 l,~.i' ;"" ~ ~_.;t';' D.: Location: Project Number: E.A. Number: SLTPP-5033 .~;' '" June 9, 1994 08-SBD-O-SBD SB94-5033 (157) 08-955675 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"- - 2&.1 approved by the Local Entity on 'ct /g,/CJ4 (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: WATERMAN AVE FROM 6TH ST TO 9TH ST TYPE OF WORK: WIDEN ROADWAY LENGTH: 0.0 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [Xl Construction Estimated Cost I State Share Funds I FY94 $ 26290 $ 117207 FY95 $ 0 $ FY96 $ 0 CITY OF SAN BERNARDINO By ~12~ Mayor Date qhlri Attest k~ ~ Title City Clerk Matching Funds Local OTHER 90917 $ OTHER o $ o STATE OF CALIFORNIA Departm nt of Transpo Date :::::~~:~: u:~:Yi:e~:n.~:= b7J;;ie ::::le fO~7(;/~~;nce $ I I Chapter I Statutes Item Year Program lser Fund Source 26290.00 AMOUNT 55 1993 2660-125.042 93-94 20.25.010.100 C 258010 042-T 26290.00 Approved as to form and legal content: JAMES F. PENMAN City Attorney BY~ Page 1 of 3 EXHIBIT "A" . 08-SBD-O-SBD SB94-5033(157) ~61 . " . . , DATE: 06/09/94 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 $26290 to be encumbered and reimbursed as follows: FY 93-94 $ FY 94-95 FY 95-96 26290 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 Reimbursement Ratio for this Cycle 4 (93/94) Project is 22.43%. 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. C. Prior to reimbursement under this Program Supplement. a Page 2 of 3 94-261 " 08-SBD-O-SBD SB94-5033(157) - . .~ DATE: 06/09/94 SPECIAL COVENANTS OR REMARKS 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 and Local Transportation Partnership Program Guidelines dated April 1993, Section IV, Project Eligibility, the 10% allowance for construction engineering and contingencies is not eligible after Cycle 2. Only state/agency furnished materials can be added to the contract item cost for State Partnership funds eligibility. Page 3 of 3