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HomeMy WebLinkAbout1994-093 1 2 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 RESOLUTION NO. 94-93 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 78, REV. 1 OF LOCAL AGENCY FEDERAL-AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO MODERNIZATION AND INTERCONNECT OF TRAFFIC SIGNALS, FROM RIALTO AVENUE TO FOURTH STREET, AND "I" STREET TO SIERRA WAY. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION ONE: The Mayor of the City of San Bernardino is hereby authorized to execute, in behalf of said City, Program Supplement No. 78, Rev. l, of Local Agency Federal-Aid Projects, between said City and the State of California, acting by and through its Department of Transportation, relating to modernization and interconnect of traffic signals from Rialto Avenue to Fourth Street, and "I" Street to Sierra Way, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length herein. SECTION TWO: The agreement shall not take effect until fully signed and executed by all parties. The City shall not be obligated hereunder unless and until the agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION THREE: The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within ninety (90) days of the passage of this resolution. / / / / / / / / 3-29-94 94 93 RESO: AUTHORIZING PROGRAM SUPPLEMENT NO. 78, REV. 'l, OF LOCAL AGENCY FEDERAL-AID PROJECTS. 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at 4 18tIaay of 5 Council Members: 6 NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN 10 DEVLIN 11 POPE-LUDLAM 12 MILLER 13 a regular meeting thereof, held on the Apr i 1 , 1994, by the following vote, to-wit: AYES NAYS ABSTAIN ABSENT x x x x x x -- x 14 15 16 17 18 19 The foregoing resolution is 'KMIzd ~tJJ?L Ra~~~r;;k !::/;ebY approved this \~ ~. day of April , 1994. ~1 ;t&~ ( Tom Minor, Mayor Ci ty of San Bernardino Approved as to form 20 and legal content: 21 James F. Penman 22 CHy M:?" 23 BY~ /:'l r 24 25 26 27 28 - 2 - . -, Res 94..93 PROGRAM SUPPLEMENT NO. 07 8Rev . c~'n~.:J',A,L Loca ~~~:: to Project Number: LOCAL AGENCY-STATE AGREEMENT E.A. Number: FOR FEDERAL-AID PROJECTS NO. 08-5033 March 16, '1994 08-SBD-0-SBD CMAQL-5033 (006) 08-197554 " 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. 7'.(''13 , approved by the Local Agency on 4-/9-1'7 (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: RIALTO AVE TO 4TH ST AND "I" ST TO SIERRA WAY (VARIOUS) TYPE OF WORK: SIGNAL MODERNIZATION; INTERCONNECT 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 ~ ::c m " '!! Funds ~ <: ~ -n ::> 1002041$ O~'t!ER "........ 0 C) $ I 8741121320 Local ITSM 490/$ $ $ 773418 $ o -. rn STATE OF CALIFORNIA ~ ..,~ Department of Transportatioh ~ <---- B . /[/ ...J __~~~_ - Fe,~ DI RICT DIRECTOR OF TRANSPORTATION DISTRICT 8 Date Y /z.~;; y CITY OF SAN BERNARDINO B;--'~::(-~&~ Mayor Date APR 1 9 1994 Y/CM1~~~ lJepu, City Clerk Attest Title I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting OfficeJ/f'Y/l/}/P1 rn Chapter I Statutes Item Date 3, /6 ,91 $ 873622.00 Program IBcl Fund Source AMOUNT 92-93 20.30.010.820 C 262040 892-F 732930.00 93-94 20.30.300.800 C 258020 Q42-T 100204 00 93-94 20.30.010.820 C 262040 892-F 40488.00 587 1992 55 1993 55 1993 2660-101-890 2660-125-042 2660-101-890 Approved as to form and legal content: James F. Penman ::'~~ y Page 1 of 2 " . Res 94-93 . 08-SBD-0-SBD CMAQL-5033 (006) DATE: 03/16/94 Or{ItrJ'l\f;A I SPECIAL COVENANTS OR REMARKS 1. This Revised Program Supplement supersedes Program Supplement approved by the Local Agency's Governing Body on 06/10/93 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 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. 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 Division of Local Streets and Roads. 5. State Traffic System Management (TSM) funds are being made available to match only those federal funds eligible in accordance with Section 182.4 of the Streets and Highways Code and as permitted by Article XIX of the State Constitution. 6. Federal funds eligible for TSM match will be proportional to the total federal participating amount established at contract award as indicated on the Finance or Bid Letter or its modification. 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 CFR 49, part 18, Subpart C - 22, Allowable Costs, Page 2 of 2