HomeMy WebLinkAbout1996-221
1
RESOLUTION NO.
96-221
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM
3 SUPPLEMENT NO. 83 OF LOCAL AGENCY FEDERAL-AID PROJECTS, BETWEEN
SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH
4 ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE EMERGENCY
REPAIR OF THE ALABAMA STREET BOX CULVERT AT CITY CREEK.
5
BE IT RESOLVED BY THE MAYOR AND CO~WON COUNCIL OF THE
6 CITY OF SAN BERNARDIlIO AS FOLLOHS:
7 SECTION ONE: The Mayor of the City of San Bernardino
8 is hereby authorized to execute, in behalf of said City,
9 Program Supplement No" 83 to State-Local Transportation
10 Partnership Program Agreement No. 08-5033 between said City and
11 the State of California, acting by and through its Department
12 of Transportation, relating to the emergency rp.pair of the
13 Alabama Street Box Culvert at City Creek, a copy of which is
14 attached hereto marked Exhibit "A" and incorporated herein by
15 reference as fully as though set forth at length herein.
16 SECTION TWO: The agreement shall not take effect until
17 fully signed and executed by all parties. The City shall not be
18 obligated hereunder unless and until the agreeMent is fully
19 executed and no oral agreement relating thereto shall be
20 implied or authorized.
21 SECTION THREE: The authorization to execute the above-
22 referenced agreement is rescinded if the parties to the
23 agreement fail to execute it within ninety (90) days of the
24 passage of this resolution.
25 / / / /
26 I / / /
27 / / / /
28 / I I I
6-24-96
RES 96-221
RESO' AUTHORIZING PROGRAM SUPPLEMENT NO. 83 OF LOCAL AGENCY
FEDERAL AID PROJECTS.
1
I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by
3 Bernardino
the Mayor and
Cornmon Council of the
Ci ty of San
regular
at a
meeting thereof,
held on the
4 15th day of
July
, 1996, by the following vote, to-wit:
5 Council Members:
6 NEGRETE
7 CURLIN
8 ARIAS
AYES NAYS
- -
x
x
x
x
x
x
x
ABSTAIN
ABSENT
9 OBERHELMAN
10 DEVLIN
11 ANDERSON
12 MILLER
13
14
~~
Ra el Clark, City Clerk
15
16
17
18
19
20
21
22
23
24
The foregoing resolution is hereby approved this
1111.
July
day of
, 1996.
~771/l/tit UM.
I Tom Minor, Mayor
Ci ty of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
IlL
25 By;}......
26 (/
27
28
- 2 -
IlliS 96-221
PROGRAM SUPPLEMENT NO. 083
to
LOCAL AGENCY-STATE AGREEMENT
FOR FEDERAL-AID PROJECTS NO. 08-5033
Date: June 12, 1996
Location: 08-SBD-0-SBD
Project Number: ER-3042(002)
E.A. Number: 08-955878
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 04/06/78 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. q(, - 2. 2/ . approved by the Local Agency on rlJL. If, rr'l~
(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 set forth on the following pages.
PROJECT TERMINI:
IN THE CITY OF SAN BERNARDINO ON ALABAMA ST. STORM 95-2 (DAF: SBD-I)
TYPE OF WORK: EMERGENCY REPAIR
LENGTH: 0.1 (MILES)
PROJECT CLASSIFICATION OR PHASE(S) OF WORK
[X] preliminary Engineering [] Right-of-Way []
[X] Construction Engineering [X] Construction
Estimated Costl
Federal Funds
Matching Funds
Local
OTHER
OTHER
$
70000 09G $
$
70000 $
o
o $
o $
o
City of San Bernardino
~Jz '
By 7 ~ f 11/t__r\
I Mayor -
Date 4t/1k-
Attest ~~ ~
By
Chie Office of Local Programs
Project Implementation
Date
1-l-V-- 7'k'
Title
City Clerk
I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer~~ (
Date
9~
$
70000.00
Chapter I Statutes
Item
Year
Program
Isej Fund Source
AMOUNT
303 1995
2660-101-890
95-96
20.30.010.650
C 225000 892-F
70000.00
Approved as to form
and legal content:
James F. Penman
City Attorney
Page 1 of 3
By L?~
(/
RES 96-221
08-SBD-0-SBD
ER-3042(002)
DATE: 06/12/96
SPECIAL COVENANTS OR REMARKS
1. The effective date of this agreement is 02/13/95
2. 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 at regular intervals or as required
for efficient operation of the completed improvements.
3. The work eligible for Federal Reimbursement shall be performed by
the Local Agency either by using their own forces or by contract.
The Local Agency must be able to identify the costs incurred at
each federally approved damage site and be subject to an audit
for verification.
4, 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.
5. Emergency repair work will be reimbursed at 100% if completed
within 180 days from the end of the storm period. The storm
period is February 13, 1995, through and including April 19,
1995. Local Agency records must clearly identify those costs
incurred on or after February 13, 1995. Incurred costs are
defined as disbursements made or in process for goods and
services delivered. Emergency repair work completed after
October 16, 1995 will be funded at the federal-aid reimbursement
ratio of 88.53%. Restoration work, including preliminary
engineering, will be reimbursed at an 88.53% ratio. The Local
Agency will be responsible for the matching requirement.
6. 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.
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
Page 2 of 3
RES 96-221
.
08-SBD-0-SBD
ER-3042(002)
DATE: 06/12/96
SPECIAL COVENANTS OR REMARKS
CFR 49, part 18, Subpart C - 22, Allowable Costs.
Page 3 of 3