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97-140
. ~. ` •. ••r~'•. ,ate: •.*Q ; c~ =rn ~',~'. ~ ,.~'yf. ~ ~1 ~iunH~+ • :. COtJ~lT°Y QF f:.iU'T'f"~, STATE ©tr ~ALl~'C~~NIA E'S~~,11f ii~tt .~ ,~ 97-140 RESOLUTION AUTHORIZING EXECUTION OF PROGRAM SUPPLEMENT NO. M006 TO ADMINISTERING AGENCY -STATE AGREEMENT NO. 03-5912 MODIFIED NOVEMBER 29, 1995 FOR FEDERAL-AID PROJECTS STORM DAMAGE RESTORATION ON THE MIDWAY AT BUTTE CREEK PROJECT NO. ER-3222(042} BE IT RESOLVED by the Board of Supervisors of the County of Butte, State of California, as follows: 1. That said County approve Program Supplement No. M006 to Administering Agency-State Agreement No. 03-5912, modified November 29, 1995, for Federal-Aid Projects in Butte County and the Chair of the Board be authorized to execute said supplement on behalf of said. County. Supplement No. M006 provides for funding for reimbursement of preliminary engineering, construction engineering and construction costs for storm damage restoration on the Midway at Butte Creek, Project No. ER-3222 (002). 2. That the Clerk of this Board be authorized to attach a certified copy of this Resolution to Program Supplement No. M006. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 14th day of Octoher 1997, by the following vote: AYES: Supervisors NOES: None ABSENT: Supervisor NOT VOTING: None ATTEST: Beeler, Hour, Josiassen and Chair Davis Davis Chair, Board of Supervisors County of Butte, State of California John S. Blacklock, Chief Administrative Officer and Clerk of the; Board By ClerkfDeputy PROGRAM SUPPLEMENT K M003 to AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 03-5912 D-~te: September 8, 199`7 Locat ~i: 03-BUT-O-CR Project Number: ER-3222(001) E.A. Number: 03-924865 This Program Supplement is hereby incorporated into the Agency-State Agreement for Federal Aid which was entered into between the Agency and the State on 05/30j97 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. 97-/31 approved by the Agency on nt-,4,6~.- /~,/9~7 (See copy attached). The 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: In Butte County (7} various locations - DAF#s GSW-BUTCO-001-0, RWB- BUTCO-003-0, 005-0 THRU 009-0 TYPE OF WORK: Emerg. Opening-Force Acct. & Contract LENGTH: 0.1 {MILES} PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] Preliminary Engineering [ ] Right-of-Way [ ] [ ] Construction Engineering [X] Construction Estimated Cost Federal Funds ~ Matching Funds Local OTHER OTHER $ 244028 09N $ 244028 $ 0 $ 0 $ 0 $ 0 Butte County f-_ _ ~~-,., Fred C. Davis, Chair Board of Supervisors Date October 14, 1997 Attest ~ _ Carol Roach Title Assistant Clerk of the Board STATE OF CALIFORNIA Departure of nsportation By Chief, Office of Local Programs Project Implementation Date /~''I ~ `~ ~ I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer ) ~G.~rr~ t .=~~.` Date ~ ~+ ~f~- $ 244028.00 Chapters Statutes ( Item ( Year ~ Program ~SC~ Fund Source ~ AMOUNT 282 1997 2660-101-890 97-48 20.30.010.650 C 225000 892-F 244028.00 Page 1 of 3 03-BUT-O-CR ER-3222{001) SPECIAL COVENANTS OR REMARKS 1. The effective date of this agreement is 12j28j96 DATE: 0~;''~8j9? 2. All maintenance, involving the physical condition and tt~,<< operation of the improvements, referred to in Article IIr MAINTENANCE of the aforementioned Master Agreement will ?~,: t~"~e responsibility of the Local Agency and shall be performe.~~.;: regular intervals or as required for efficient operation ;:•' a.~°~e completed improvements. 3. The Local Agency will advertise, award and administer this> project in accordance with the current Local Program Proce~~;_~-os or the new Local Programs Manual, when issued. 4. The Local Agency agrees the payment of Federal funds will bra: limited to the amounts approved by the Federal Highway Administration in the Federal-Aid Project Agreement (PR-2)j, ~~.a._-1. Estimate, or its modification {PR-2A) or the FNM-76, and at~~'-~ +f s; any increases in Local Agency Funds as shown on the Fina~~~:~_ ~. Bid Letter or its modification as prepared by the Office c~E ;:. 1, Programs. 5. Emergency repair work will be reimbursed at 100% if camp:~.e~-~.:.` within 180 days from the initial day of storm occurrences initial day of storm occurrence is December 28, 1996. Loc`°: Agency records must clearly identify those costs incurre~ F.~ after December 28, 1996. Incurred costs are defined as disbursements made or in process for goods and services delivered. Emergency repair work completed after June 25, 1.997 will be funded at the federal-aid reimbursement ratio of Restoration work, including preliminary engineering, will reimbursed at an 88.530 ratio. The Local Agency will be responsible for the matching requirement. 6. The work eligible for Federal Reimbursement shall be perfc~+ ~ awl the Local Agency either by using their own forces or by ca:r,.:-~.,;c~ The Local Agency must be able to identify the costs incurrr-~c~ Y-. each federally approved damage site and be subject to an ~;~~~~- {., for verification. 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 f.~~sis, the local agency is required to submit a post audit report ~~>~er- ing the allowability of cost payments for each individual r:'~3?~su1- tant or sub-contractor incurring over $25,000 on the proje~:7~. The audit report must state the applicable cost principles ~!.~~ili- zed by the auditor in determining allowable costs as refere~:?.~.ed in Page 2 of 3 03-BUT-O-CR DATEo )8jg7 ER-3222(001) SPECIAL COVENANTS OR REMARKS CFR 49, part 18, Subpart C - 22, Allowable Costs.