Resolution 12647CITY OF ALAMEDA RESOLUTION NO. 12647
APPROVING PROGRAM SUPPLEMENT NO. b12 TO LOCAL AGENCY -STATE
AGREEMENT NO. 5014 FOR FUNDING BAY FARM ISLAND BIKE BRIDGE
(PART B), NO. P.W. 1- 92 -01.
WHEREAS, the City Council authorized staff to apply for
federal funds for the Bay Farm Island Bicycle Bridge Part B Bascule
Span at its regularly scheduled Council meetings on September 15,
1992 for Intermodal Surface Transportation Efficiency Act (ISTEA)
"Guarantee" funds and on August 3, 1993 for ISTEA Transportation
Enhancement Act (TEA) Funds; and
WHEREAS, the City of Alameda applied for and received approval
for ISTEA Guarantee and TEA funds for Part B of the Bay Farm Island
Bicycle Bridge; and
WHEREAS, the City has contracted with Fletcher General to
construct Part B of the Bay Farm Island Bicycle Bridge; and
WHEREAS, the State requires the City to enter into a Program
Supplement No. 12 to our Master Agreement No. 5014 in order to
issue these funds to the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Alameda does hereby approve Program Supplement No. 12 to
Local -State Agency Agreement No. 5014 for funding Bay Farm Island
Bike Bridge (Part B), No. P.W. 1- 92.01, and authorizes the City
Manager to execute Program Supplement No. 12, attached hereto as
Exhibit A.
PROGRAM BUPPLEML..r NO. 012
to
LOCAL AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO. 04 -5014
Date: February 2, 1995
Location: 04- ALA -0 -ALA
Project Number: STPLN /E- 5014(001)
E.A. Number: 04- 067614
This Program Supplement is hereby incorporated into the Local Agency -State
Agreement for Federal Aid which was entered into between the Local Agency
and the State on 06/22/77 and is subject to all the terms and conditions
thereof. This Program Supplement is adopted in accordance with Paragraph 2
of Article II of the aforementioned Master Agreement under authority of
Resolution No. , approved by the Local Agency on
(See copy attached).
The Local Agency further stipulates that as a condition to payment of funds
obligated to this project, it accepts and will comply with the covenants or
remarks setforth on the following pages.
PROJECT TERMINI:
EAST OF SR 61 FROM FE'SIDE BLVD TO BAY FARM ISLAND BR. # 33C -0086
TYPE OF WORK: CONSTRUCT BR FOR BIKE /WHEELCHAIR ACCESS LENGTH: 0.2 (MILES)
PROJECT CLASSIFICATION OR PHASE(S) OF WORK
[ ] Preliminary Engineering [ ] Right -of -Way
[X] Construction Engineering [X] Construction
Estimated Cost Federal Funds
Matching Funds
1543200
33B $
33C $
764000
470560
0
Local
$ 191000
STATE TSM
$ 117640
OTHER
CITY OF ALAMEDA
STATE OF CALIFORNIA
Department of Transportation
By By
DEPUTY DISTRICT DIRECTOR OF
TRANSPORTATION, DISTRICT 4
Date
Attest
Title
Date
I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Office Pi/
Chapter Statutes Item
Date $ 1352200.00
Program
lBcl Fund Source
AMOUNT
139 1994
139 1994
139 1994
2660 -101 -890
2660- 101 -890
2660- 101 -042
Approved as to Form:
94 -95
94 -95
94 -95
20.30.010.810 C
20.30.010.825 C
23.30.010.825 C
262040 892-F
262040 892 -F
262040 042-T
Recommended for Approval:
PUBLIC WORKS DIRECTOR
r.4IITuTT._ A
0.00
1234560.00
117640.00
Page 1 of 3
04-ALA-0-ALA DATE: 02/02/95
STPLN/E-5014(001)
SPECIAL COVENANTS OR REMARKS
1. All maintenance, involving the physical condition and the
operation of the improvements, referred to in Article VI
MAINTENANCE of the aforementioned Master Agreement will be
performed by the Local Agency and/or the respective agencies as
determined by agreement at regular intervals or as required for
efficient operation of the completed improvements.
2. The Local Agency will advertise, award, and administer this
project and will obtain the State's concurrence prior to either
award or rejection of the contract.
3. The Local Agency agrees the payment of Federal funds will be
limited to the amounts approved by the Federal Highway
Administration in the Federal-Aid Project Agreement (PR-2)/Detail
Estimate, or its modification (PR-2A) or the FNM-76, and accepts
any increases in Local Agency Funds as shown on the Finance or
Bid Letter or its modification as prepared by the Division of
Local Streets and Roads.
4. State Traffic System Management (TSM) funds are being made
available to match only those federal funds eligible in
accordance with Section 182.4 of the Streets 'and Highways Code
and as permitted by Article XIX of the State Constitution.
5. Federal funds eligible for TSM match will be proportional to the
total federal participating amount established at contract award
as indicated on the Finance or Bid Letter or its modification.
6. TRANSPORTATION ENHANCEMENT ACTIVITIES (TEA) SPECIAL COVENANTS:
1. The Legislature of the State of California has enacted
legislation by which certain Federal funds may be allocated to
ADMINISTERING AGENCY by the California Transportation Commission
(CTC) after being recommended for funding by the Regional
Transportation Planning Agency (RTPA) and approved by the Federal
Highway Administration (FHWA) for the enhancement project
submitted by ADMINISTERING. AGENCY as described in the
Transportation Enhancement Activities (TEA) Application Form; and
as such the Transportation Enhancement Activities (TEA)
Application submitted by ADMINISTERING AGENCY and all assurances
contained therein are made an express part of this AGREEMENT.
Should any conflict exist between the application and the
AGREEMENT, the AGREEMENT shall prevail.
2. PROJECT shall be completed as provided in this AGREEMENT.
3. The PROJECT, or projects must be included in a
Federally-approved Statewide Transportation Improvement Program
(FSTIP).
Page 2 of 3
04 -ALA-0-ALA
STPLN/E-5014 (001)
SPECIAL COVENANTS OR REMARKS
DATE: 02/02/95
4. Federal funds may participate only in work which has been
officially 'programmed to and authorized by FHWA in advance of its
performance.
5. This AGREEMENT is valid and enforceable only if sufficient
funds are made available to the STATE by the United States
Government and the California State Legislature for the purpose
of this program. In addition, this AGREEMENT is subject to any
additional restrictions, limitations, conditions, or any statute
enacted by the Congress or the State Legislature that may affect
the provisions, terms or funding of this AGREEMENT in any manner.
6. It is mutually agreed that if the Congress or the State
Legislature does not appropriate sufficient funds for the program
this AGREEMENT shall be amended to reflect any reduction in
funds.
7. STATE has the option to void the AGREEMENT upon 30-days
written notice to ADMINISTERING AGENCY or to amend the AGREEMENT
to reflect any reduction of funds.
8. PROJECT downscoping and/or phasing will require another
approval by both the appropriate RTPA/MPO and the CTC. No
additional funds will be made available by the CTC for cost
overruns. ADMINISTERING AGENCY will be required to downscope,
split PROJECT into phases or provide additional matching funds to
cover cost overruns.
7. In executing this Program Supplemental Agreement, Local
Agency hereby reaffirms the "Nondiscrimination Assurances"
contained in the aforementioned Master Agreement for
Federal-Aid Program.
8. Whenever the local agency uses a consultant on a cost plus basis,
the local agency is required to submit a post audit report cover-
ing the allowability of cost payments for each individual consul-
tant or sub-contractor incurring over $25,000 on the project.
The audit report must state the applicable cost principles utili-
zed by the auditor in determining allowable costs as referenced in
CFR 49, part 18, Subpart C - 22, Allowable Costs.
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 6th day of
June , 1995, by the following vote to wit:
AYES:
Councilmembers Arnerich, DeWitt, Lucas,
Mannix and President Appezzato - 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 7th day of June , 1995.
Diane; B. Felsch, City Clerk
City of Alameda