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Resolution 12495CITY OF ALAMEDA RESOLUTION NO. 12495 AUTHORIZING EXECUTION OF STATE -LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT, NO. SLTPP -5014 AND PROGRAM SUPPLEMENT NO. 003 (REPAIR AND RESURFACING OF CERTAIN STREETS, PHASE 15) WHEREAS, on October 19, 1993, the City Council of the City of Alameda awarded the contract for the repair and resurfacing of certain streets, Phase 15, No. P.W. 8 -93 -12 to McGuire & Hester for resurfacing various streets; and WHEREAS, on December 9, 1993, the California Department of Transportation provided the Public Works Department with a Local Entity Master Agreement No SLTPP -5014 and Program Supplement No 003 for approval and execution, attached hereto as Exhibit "A" to provide the funding for the project. WHEREAS, the City Council of the City of Alameda has determined that State -Local Transportation Partnership Program Agreement No. SLTPP -5014 and Program Supplement No. 003 is not a project under the California Environmental Quality Act as the programs are an on -going maintenance activity. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda that the City Council hereby authorizes the execution of State -Local Transportation Partnership Program Agreement No. SLTPP - 5014 and Program Supplement No. 003 and authorizes the City Manager to sign the same. Date: 'PROGRAM SUPPLEMENT NO. 003 Location: to Project Number: STATE-LOCAL TRANSPORTATION E.A. Number: PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP-5014 December 9, 1993 04-ALA-0-ALA SB94-5014 (001) 04-927446 This Program Supplement is hereby incorporated into the State-Local Tran, portation Partnership Program Agreement for State Share Funds which w, entered into between the Local Entity and the State on 09/18/92 and 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: VAROUS CITY STREETS TYPE OF WORK: RESURFACING LENGTH: 0.0 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [X] Construction/Construction Engineering/Contingencies Estimated Cost State Share Funds Matching Funds 476476 FY94 $ FY95 $ FY96 $ 86146 0 0 Local 390330 OTHER 0 OTHER CITY OF ALAMEDA STATE OF CALIFORNIA Department of Transportation By By DEPUTY DISTRICT DIRECTOR OF TRANSPORTATION, DISTRICT 4 Date At Title Date I hereby Certify upon my personal knowledge that budgeted funds are that Accounting Officer Chapter! Statutes 1 Item available for this encumbrance: Date L g $ 86146.00 1 Year 1 Program IBC! Fund Source 1 AMOUNT 55 1993 2660-125-042 93-94 20.25.010.100 C 258010 042-T 86146.00 Page 1 of 3 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 $86146 to be encumbered and reimbursed as follows: FY 93-94 $ 86146 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. In accordance with the State and Local Transportation Partnership Program Guidelines dated April 1992, Section IV, Project Eligibility, the 105'1 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. 3. The Reimbursement Ratio for this Cycle 4 (93/94) Project is 22.43%-. 4. SPECIAL COVENANTS FOR SLTPP PROJECTS UNDER EARLY REIMBURSEMENT PLAN AND UNDER $300,000 STATE SHARE Inese Coirenants 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. Page 2 of 3 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 I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 18th day of January 1994, by the following vote to wit: AYES: Councilmembers Appezzato, Arnerich, Lucas, Roth and President Withrow - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 19th day of January 1994. Patricia Calbreath, Deputy City Clerk City of Alameda