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HomeMy WebLinkAbout1994-015 1 RESOLUTION NO. 94-15 --- 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM 3 SUPPJ"EMENT NO. 79 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 INSTALLATION OF GUARDRAIL ON AI,ABAMA STREET AT CITY CREEK. 5 6 BE IT RESOLVED BY TilE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 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. 79 of Local Agency Federal-Aid Projects, 10 between said City and the State of California, acting by and 11 through its Department of Transportation, relating to the 12 installation of Guardrail on Alabama Street at City Creek, a 13 copy of which is attached hereto marked Exhibit "A" and 14 incorporated herein by reference as fully as though set forth 15 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 he 18 obligated hereunder unless and until the agreement is fully 19 executed and no oral agreement relating thereto shall he 20 implied or authorized. 21 SECTION THREE: The authorization to execute the above- 22 referenced agreement is rescinded if the parties to the 23 agreement fail to execute it within ninety (90) days of the 24 passage of this resolution. 25 I I I I 26 I I I I 27 I / I I 28 I I / / 1-6-94 RESO: AUTHORIZING PROGRAM SUPPLEMENT NO. 79 OF LOCAL AGENCY FEDERAL AID PROJECTS. 94-15 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Bernardino at a regular meeting thereof, held on the 24th day of January , 1994, by the following vote, to-wit: Council Members: AYES NAYS ABSTAIN ABSENT NEGRETE x -- --- CURLIN x -- HERNANDEZ x OBERHELMAN x -- DEVLIN x POPE-J"UDLAM x --- MILLER x -,- -- ~~ c~.A _ Ra I Clark, City Clerk The foregoing resolution is hereby approved this cl.1ofu day of Januarv , 1994. ,~ /~~-~. Edward v. Negret~,~~p e Ci ty of San Bernardino Approved as to form and legal content: James F. Penman City Attorney BYi~ t / , /' ( /) / J t:'- 1,</)~ - 2 - Res 94-15 Data: PROGRAM SUPPLEKEt'NT NO. 079 );~;,;t')"'), 'bj LtONc~:ton: o . '-' '~r eo l.oL.IU.LiI'er: LOCAL AGENCY-STATE AGREEMENT E.A. Number: FEDERAL-AID PROJECTS NO. 08-5033 December 22, 1993 08-SBD-0-SBD STPLNH-5033 (007) 08-198324 . FOR 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. 'i'I.t.-iS , approved by the Local Agency on ~"". :7i~'1 171'1 (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: ALABAMA ST AT CITY CREEK BOX CULVERT TYPE OF WORK: GUARDRAIL, WINGWALS LENGTH: 0.1 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] preliminary Engineering [] Right-of-Way [] [X] Construction Engineering [X] Construction Estimated costl Federal Funds Matching Funds 200000 33P 180000 $ o Local OTHER 20000 $ OTHER $ $ $ o $ o CITY OF SAN BERNARDINO By~/~~::f--- Mayor Pro Tempore JAM 2 6 19M, rc'" STATE OF CALIFORNIA Department of Transportation -7/. ~., BY' y(/{/ /=>....,.: -:C~-C~-----~ DISTRICT DIRECTOR OF TRANSPORTATION DISTRICT 8 -Z /2 /J?y Date Date Attest uz.~ p, ~ Title Cit'l Clerk J hereby tertify upon my personal knowledge thet budgeted funds are availeble tor this encumbrance: Accounting Office~ f/J11~ Item Date / '2-- 2-2- 7y $ 180000.00 Chapter I Statutes Program 18cl Func:I Source AMOUNT 55 1993 2660.101.890 Approved as to form and legal content: 93-94 20.30.010.810 C 262040 892-F 180000.00 James F. Penman City Attorney 1\1 By Ii _." ~~'._ J ':1-1'.(..-," ---,. l 1(. -1.,.-:>}/}0-........ (/ Page 1 of 2 , '. , Res 94-15 08-SBO-0':SBO STPLNH-5033 (007) DATE: 12/22/93 , . ";'", \--jK\~.-} ~., ~~ 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 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)/Oetail 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. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal-Aid Program. 5. 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 2 of 2