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HomeMy WebLinkAbout1992-159 . 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. 92-159 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 67 OF LOCAL AGENCY FEDERAL-AID SAFETY IMPROVEMENT PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE WIDENING OF THE HUNTS LANE GRADE CROSSING NO. B-541.0. 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. 67 of Local Agency Federal-Aid Safety Improvement Projects, between said City and the State of California, acting by and through its Department of 'frans- portation, relating to the widening of Hunts Lane Grade Crossing No. B-541.0, 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 SECTION THREE: The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. / / / / / / / / / / / / 4/29/92 RESO: AUTHORIZING PROGRAM SUPPLEMENT NO. 67 OF LOCAL AGENCY FEPERAL-AID SAFETY IMPROVEMENT 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 a reaular _meeting thereof, held on the 4 4th day of May , 1992, by the following vote, to-wit: 5 Council Members: AYES NAYS ABSTAIN ABSENT 6 ESTRADA x 7 REILLY x 8 HERNANDEZ x 9 MAUDSLEY x 10 MINOR x 11 POPE-LUDLAM 12 ~nLLER x -~ 13 14 15 16 17 18 19 ~~S~k ,..--- - The foregoing resolution is hereby approved this~~1 , 0l/'L(?= day of , 1992. //~-7 Approved as to form 20 and legal content: 21 James F. Penman City Attorney 22 23 By 24 25 26 27 28 - 2 - .- I ~ ~ O;<'G1INAL Date: April 17, 1992 . PROGRAM SUPPLEMENT NO. 067 Location: 08-SBD-0-SBD to project Number: STPLR-R036 (007) LOCAL AGENCY-STATE AGREEMENT E.A. Number: 08-955411 FOR FEDERAL-AID PROJECTS NO. 08-5033 .. .. 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. 9.:t. -/S'f , approved by the Local Agency on 6-8-fZ. (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: IN THE CITY OF SAN BERNARDINO, ON HUNTS LANE AT THE SOUTHERN PACIFIC TRANSPORTATION COMPANY RAILROAD GRADE CROSSING NUMBER B-541.0. TYPE OF WORK: WIDEN ROADWAY LENGTH: 0.1 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] Preliminary Engineering [] Right-of-Way [] [ ] Construction Engineering [X] Construction Estimated Costl Federal Funds Matching Funds $ 136,400 33N $ $ 122,760 $ ") 0 Local OTHER 13,640 $ OTHER o $ o B FoV" STATE OF CALIFORNIA Department of Transportation ~~~R;~:iROF ~TAANSPORTATION DISTRICT 08 Date sj; S jy 2r CITY OF SAN Date 1"','; - 1992 t(~ ~~t.-~ Citv Clerk Attest Title I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: ~ n Accounting Officer--c~_ /1~~ Date Y--17 -;2- $ 122760.00 Chapterl Statutes I Item Year Program IBCI Fund Source AMOUNT 118 1991 2660-101-890 Approved as to form and legal content: 91-92 20.30.010.810 C 262040 892'F 122760.00 James F. Penman City Attorney By tJ,,-f ver""'etl .t; 08-SBD-0-SBD STPLR-R036 (007) r~. ~';, !<"'~: ':Nf A ' ,...'.'..."> ',l ",J ,..... ,.. t,,- City of S Bdno Res. No. 92-159 adopted 5/4/92 ." '0 , DATE: 04/17/92 PAGE: 2 SPECIAL COVENANTS OR REMARKS 1. The cost of maintenance of the crossing shall be as allocated by Public utilities Commission. 2. All required pavement marking and advance warning signs shall comform to the requirements of MUTCD, 1988 and shall be placed in their proper location by the Local Agency at the time of completion of the Railroad's work. 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)/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. 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. . . OR1i!NAL Date: April 17, 1992 PROGRAM SUPPLEMENT NO. 067 Location: 08-SBD-0-SBD to project Number: STPLR-R036 (007) LOCAL AGENCY-STATE AGREEMENT E.A. Number: 08-955411 FOR FEDERAL-AID PROJECTS NO. 08-5033 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. , approved by the Local Agency on (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: IN THE CITY OF SAN BERNARDINO, ON HUNTS LANE AT THE SOUTHERN PACIFIC TRANSPORTATION COMPANY RAILROAD GRADE CROSSING NUMBER B-541.0. TYPE OF WORK: WIDEN ROADWAY LENGTH: 0.1 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] Preliminary Engineering [] Right-of-Way [] [ ] Construction Engineering [X] Construction Estimated costl Federal Funds 122,760 $ o 7 Matching Funds Local OTHER 13,640 $ $ 136,400 33N $ $ OTHER o $ o B CITY OF STATE OF CALIFORNIA Department of Transportation By DISTRICT DIRECTOR OF TRANSPORTATION DISTRICT 08 Date i "~i i' - i99Z iJ(~~#,-~ City Clerk Date Attest Title I hereby Certify upon my personaL knowledge that budgeted funds are availabLe for this encumbrance: Accounting Officer ~(J'""y) A4 Date 1/-17 -;2-- $ 122760.00 Chapter I Statutes I Item Year Program IBcl FlR'lCI Source AHOONT 118 1991 2660'101-890 Approved as to form and legal content: 91-92 20.30.010.810 C 262040 892.F 122760.00 James F. Penman City Attorney By 08-SBD-0-SBD STPLR-R036 (007) :: ;',: J"~~; i ~\i/~.. ~ City-of S Bdno Res. No. 92-159 adopted 5/4/92 DATE: 04/17/92 PAGE: 2 SPECIAL COVENANTS OR REMARKS 1. The cost of maintenance of the crossing shall be as allocated by Public utilities Commission. 2. All required pavement marking and advance warning signs shall comform to the requirements of MUTCD, 1988 and shall be placed in their proper location by the Local Agency at the time of completion of the Railroad's work. 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)/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. 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.