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HomeMy WebLinkAbout1998-229 IMPORTANT NOTE - Resolution 98-229 is null and void because it was not executed within time specified. RESOLUTION NO.~-229 ~ 3 RESOLUTION OF THE MA YOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 001-M OF LOCAL AGENCY FEDERAL-AID PROJECTS, BETWEEN SAID CITY AND THE STA TE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION RELATING TO CONSTRUCTION OF BARRIER RAILS ON 5 RIALTO AVENUE AT BNSF RAILROAD BRIDGE 54C-0378 AND ON HIGHLAND 6 AVENUE AT DEL ROSA CHANNEL BRIDGE NO. 54C-0227. 4 7 BE IT RESOLVED BY THE MA YOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 9 SECTION I. The Mayor of the City of San Bernardino is hereby authorized to execute, 10 on behalf of said City, Program Supplement No. OOI-M of Local Agency Federal-Aid Projects, 11 between said City and the State of California, acting by and through its Department of 12 Transportation, relating to preliminary engineering, construction engineering and construction 13 for RiaIto Avenue at grade separation bridge No. 54C-0378, and Highland Avenue at Del Rosa 14 Channel Bridge No. 54C-0227 , a copy of which is attached hereto marked Exhibit "A" and 15 16 incorporated herein by reference as fully as though set forth at length herein. 17 SECTION 2. The agreement shall not take effect until fully signed and executed by all 18 parties. The City shall not be obligated hereunder unless and until the agreement is fully 19 executed, and no oral agreement relating thereto shall be implied or authorized. 20 21 SECTION 3. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within ninety (90) days of the passage of this 22 23 resolution. 24 I I I 25 III 26 27 28 98-229 RESOLUTION...AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. OOl-M OF LOCAL AGENCY FEDERAL-AID 2 PROJECTS...RELATING TO CONSTRUCTION OF BARRIER RAILS ON RIALTO A VENUE AT BNSF RAILROAD BRIDGE 54C-0378 AND ON HIGHLAND A VENUE AT 3 DEL ROSA CHANNEL BRIDGE 54C-0227. 1 4 of August, 1998, by the following vote, to wit: Council Members: NAYS ABSTAIN ABSENT AYES 9 10 11 12 ARIAS 13 ESTRADA x LIEN x x x SCHNETZ 14 DEVLIN 15 ANDERSON x x 16 17 18 19 MILLER x ~fA.~ The foregoing ordinance is hereby approved this h ,-1 day 21 of August, 1998. 20 22 23 24 25 Approved as to form and legal content: 26 27 28 ~ JAMES F. PENMAN, :;:;.= 1 f-. ,/ 98-229 PROGRAM SUPPLEMENT NO. MOOl to ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5033 ~o[?)W Date: June 30, 1998 Location: 08-SBD-O-SBD Project Number: STPLX-5033(011) E . A. Number: 08-924062 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 OS/20/97 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. approved by the Agency on (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 THE CITY OF SAN BERNARDINO ON RIALTO AVE@AT&SFRAILROADBRD# 54C-0378 & ON HIGHLAND AVE BRD. OVER DEL ROSA CHANNEL,BRD #54C-0227 TYPE OF WORK: BARRIER RAIL REPLACEMENT LENGTH: 0.1 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [X] Preliminary Engineering [X] Construction Engineering [ ] Right-Of-Way [X] Construction Estimated Cost Federal Funds Matching Funds BRP $223,200.00 LOCAL OTHER $252,118.00 $28,918.00 $0.00 $0.00 CITY OF SAN BERNARDINO STATE OF CALIFORNIA Department of Transportation By By Chief, Office of Local Programs Project Implementation Date Attest Date Title 282 that budgeted funds are available for this encumbrance: I hereby certify upon my Accounting Offi $223,200.00 Chapter Statutes AMOUNT 1997 2660- JO 1-890 262040 892-F 223,200.00 Program Supplement 08-5033-M001- ISTEA Page 1 of 2 98-229 08-SBD-0-SBD 06/3011998 STPLX-5033(011) SPECIAL COVENANTS OR REMARKS 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article III MAINTENANCE of the aforementioned Master Agreement will be the responsibility of the Local Agency and shall be performed at regular intervals or as required for efficient operation of the completed improvements. 2. 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 Office of Local Programs Project Implementation. 3. This agreement supplements the Local Agency-State Master Agreement for Federal-Aid projects, with the understanding that all provisions of the 1991 Intermodal Surface Transportation Efficiency Act (ISTEA) apply. 4. The Local Agency will advertise, award and administer this project in accordance with the current Local Program Procedures or the new Local Programs Manual, when issued. 5. Whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report covering the allowability of cost payments for each individual consultant or sub-contractor incurring over $25,000 on the project. The audit report must state the applicable cost principles utilized by the auditor in determining allowable costs as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs. l Proqram Supplement08-5033-M001- ISTEA Page 2 of 2