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HomeMy WebLinkAbout21- Public Works CITY OF SAN BERNf IDINO REQUEST Fr "I COUNCIL -ACTION _ Pi-Les: 1.286 & 1.10-3 Authorization to Execute Program From: ROGER G. HARDGRAVE Subject: Program Supplement No. 8 - Trans- portation Partnership Program Dept: Public Works Agreement No. SLTPP-5033 - Waterman Avenue, 6th to 9th Street Date: 8-4-94 Synopsis of Previous Council action: June, 1992 - Allocation of $140, 000 . 00 in 1992/93 1/2--Cent Sales Tax Fund (129) approved under Account No. 129-309- 57286 . 02-21-94 -- Transfer of $40 , 000 . 00 approved; plans approved and authorization granted to advertise for bids. 04-18-94 -- Resolution No. 94-95 adopted awarding a contract for low bid price of $117 , 260 . 81 . Recommended motion: Adopt resolution. cc: Shauna Clark Jim Penman ignature Contact person: Gene R. Klatt Phone: 5125 Staff Report, Program Supporting data attached: Supplement, Resolution Ward: 2 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) 129-309-57286 JAcct. Description) Installation of Street Improvements on Waterman Avenue, 6th to 9th Street Finance: '.ouncil Notes: 15-0262 Agenda Item No CITY OF SAN BERM '11DINO - REQUEST V1 COUNCIL -ACTION STAFF REPORT The State-Local Transportation Partnership Program is designed to make funds available for partnership projects that do not use State or Federal dollars. It is designed for the improvement of the roadway system and is reimbursement monies to the City for funds expended to complete roadway improvement projects that have been funded with the City' s own funds (local monies) . The amount of the participation varies with the number of projects completed and eligible each year. The improvement of Waterman Avenue from 6th Street to 9th Street is an eligible project as it was funded with the local 1/2G sales tax funds. Staff had submitted it for participation and the State has not responded. A Program Supplement is needed to obligate State partnership funds and provide for the release of funds to the City. The total project cost was estimated at $117 , 207 and the current reimbursement from the State is estimated at $26, 290 . 00, which represents 22 . 4% of the cost. We recommend that the Program Supplement be approved. 8-4-94 '5-0264 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM 3 SUPPLEMENT NO. 8 TO STATE-LOCAL., TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP NO. 5033 , BETWEEN SAID CITY AND THE 4 STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO IMPROVEMENT OF WATERMAN AVENUE, 5 FROM SIXTH STREET TO NINTH STREET. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 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. 8 to State-Local Transportation 10 Partnership Program Agreement No. SLTPP No. 5033, between said 11 City and the State of California, acting by and through its 12 Department of Transportation, relating to the improvement of 13 Waterman Avenue, from Sixth Street to Ninth Street, a copy of 14 which is attached hereto marked Exhibit "A" and incorporated 15 herein by reference as fully as though set forth at length 16 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: The authorization 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 / / / 1 • 8-4-94 • RESO: AUTHORIZING PROGRAM SUPPLEMENT NO. 8 TO STATE-LOCAL TRANS Pr""2TATION PARTNERSHIP PROGRA' AGREEMENT NO. SLTPP- 5033 . 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 meeting thereof, held on the 4 day of 1994 , by the following vote, to-wit: 5 Council Members: AYES NAYS ABSTAIN ABSENT 6 NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN 10 DEVLIN 11 POPE-LUDLAM 12 MILLER 13 14 15 Rachel Clark, City Clerk 16 The foregoing resolution is hereby approved this 17 day of 1994 . 18 Tom Minor, Mayor 19 Approved as to form City of San Bernardino 20 and legal content: 21 James F. Penman 22 City Attorney 23 By 24 25 26 27 28 - 2 - r t Date: June 9 , 1994 PROGRAM SUPPLEMENT NO. 008 Location: 08-SBD-0-SBD to Project Number: SB94 -5033 (157) STATE-LOCAL TRANSPORTATION E.A. Number: 08-955675 PARTNERSHIP PROGRAM AGREEMENT NO. 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. , approved by the Local Entity on ' (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: WATERMAN AVE FROM 6TH ST TO 9TH ST TYPE OF WORK: WIDEN ROADWAY LENGTH: 0 . 0 (MILES) PROJECT CLASSIFICATION OR PHASE (S) OF WORK (X) Construction Estimated Cost State Share Funds Matching Funds FY94 $ 26290 Local OTHER OTHER $ 117207 FY95 $ 0 $ 90917 $ 0 $ 0 FY96 $ 0 CITY OF SAN BERNARDINO STATE OF CALIFORNIA Department of Transportation By By Mayor DISTRICT DIRECTOR OF TRANSPORTATION DISTRICT 8 Date Date Attest Title City Clerk hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer Date y y $ 26290 . 00 Chapter) Statutes I Item Year Program loci Pund Source AMOUNT 55 1993 2660-125-042 93-94 20.25.010.100 C 256010 042-T 26290.00 Approved as to form and legal content: JAMES F. PENMAN , City Attorney Page 1 of 3 EXHIBIT "A' 08-SBD-0-SBD DATE : 06/09/94 SB94 -5033 (157) 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 $ 26290 FY 94-95 0 FY 95-96 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 Reimbursement Ratio for this Cycle 4 (93/94) Project is 22 .43°x . 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 08-SBD-0-SBD DATE : 06/09/94 SB94 -5033 (157) 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 10e 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