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Resolution 12711CITY OF ALAMEDA RESOLUTION NO. 12711 AUTHORIZING EXECUTION OF STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM (SB300) AGREEMENT, NO. SLTPP-5014 AND PROGRAM SUPPLEMENT NO. 005 (REPAIR AND RESURFACING OF CERTAIN STREETS, PHASE 17) WHEREAS, on April 18, 1995, the City Council of the City of Alameda awarded the contract for the repair and resurfacing of certain streets, Phase 17, No. P.W. 5-31-95 to Gallagher & Burk for resurfacing various streets; and WHEREAS, on October 25, 1995, the California Department of Transportation provided the Public Works Department with a Local Entity Master Agreement No. SLTPP-5014 and Program Supplement No. 005 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. 005 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. 005 and authorizes the City Manager to sign the same. 'PROGRAM SUPPLEMENT NO. 005 to STATE-LOCAL TRANSPORTATION Date: October 19, 1995 Location: 04-ALA-0-ALA Project Number: SB96-5014(001) E.A. Number: 04-927899 PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP-5014 This Program Supplement is hereby incorporated into the State-Local Trans portation Partnership Program Agreement for State Share Funds which wa 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: Various City streets as specified in the application TYPE OF WORK: Resurfacing LENGTH: 0.0 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [X] Construction Estimated Cost State Share Funds Matching Funds 729465 FY96 $ FY97 $ FY98 $ 10878 0 0 Local 718587 OTHER 0 OTHER City of Alameda STATE OF CALIFORNIA Department of Transportation By Date At Title By Chief, District Liaison Branch Office of Local Programs Date I hereby Certify upon my perso 1 knowledge th t budgeted funds are available for this encumbrance: r1C4S. Accounting Of ficer ` I 0C-1-0-----" Date /D6-obd- $ 10878.00 Chapterl Statutes Item I Year Program IBC I Fund Source AMOUNT 303 1995 2660-125-042 95-96 20.25.010.100 C 258010 042-T 10878.00 EXHIBIT A Page 1 of 3 04-ALA-0-ALA DATE: 10/19/95 SB96-5014(001) 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 $10878 to be encumbered and reimbursed as follows: FY 95-96 $ 10878 FY 96-97 0 FY 97-98 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 Funds Share is calculated based on the lower of the approved eligible application amount or the eligible award amount. 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. "States Share" is considered a grant and will be reimbursed as a lump sum payment regardless of final project cost. Page 2 of 3 .04-ALA-0-ALA DATE: 10/19/95 SB96-5014(001) SPECIAL COVENANTS OR REMARKS 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. 4. The Reimbursement Ratio for this Cycle 6 (95/96) Project is 5.88%. 5. 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. 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 21st day of November , 1995, by the following vote to wit: AYES: Councilmembers Arnerich, DeWitt, Mannix and President Appezzato - 4. NOES: None. ABSENT: Councilmember Lucas - 1. ABSENTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 22nd day of November , 1995. Diane B. Felsch, City Clerk City of Alameda