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RESOLUTION NO.
96-383
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM
SUPPLEMENT NO. 85 OF LOCAL AGENCY FEDERAL-AID PROJECTS, BETWEEN
SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH
ITS DEPARTMENT OF TRANSPORTATION, RELATING TO PRELIMINARY
ENGINEERING FOR SEIS~UC RETROFIT OF BRIDGES AT VARIOUS
LOCATIONS.
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. 85 of Local Agency Federal-Aid projects,
between said City and the State of California, acting by and
relating
Transportation,
to
its
Department
of
through
preliminary engineering for seismic retrofit of bridges at
various locations, 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-
parties
to
the
if
rescinded
the
referenced
agreement
is
agreement fail to execute it within ninety (90) days of the
passage of this resolution.
/ / / /
/ / / /
/ / / /
12-09-96
. fVJ,y,1
R~SO: ./\UTHORI ZING PROGRAM SUPPLENENT NO. 85 OF LOCAL AGE~CY
FEDERAL AID PROJECTS.
1
I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Connon Council of the City of San
3 Bernardino at a joint regular
meeting thereof, held on the
4 16th day of December 1996 , by the following vote, to~wit:
,
5 Council Members: AYES NAYS ABSTAIN ABSENT
6 NEGRETE X
7 CURLIN X
8 ARIAS X
9 OBERHELMAN X
10 DEVLIN X
11 ANDERSON x
--
12 HILLER x
--
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20
The foregoing resolution is hereby approved this ~j?~
December
day of
, 1996.
~~~
/ Tom Hinor, Hayor
City of San Bernardi~o
Approved as to form
and legal content:
21 James F. Penman
City Attorney
22
23
24 By
25
26
27
28
'7
iI~~
- 2 -
ft-- '3f"3
PROGRAM SUPPLEMENT NO. 085
to
LOCAL AGENCY-STATE AGREEMENT
FOR FEDERAL-AID PROJECTS NO. 08-5033
Date: November 12, 1996
Location: 08-SBD-0-SBD
Project Number: STPLZ-5033 (012)
E.A. Number: 08-411834 .
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"'- 3~ , approved by the Local Agency on ;Z-/eo-'9 ~
(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 @ VARIOUS BRIDGE LOCATIONS, BRD. NO'S
54C-15,66,67,76,158,358,359,360,361,363,364,365,377,378,411 &538.
TYPE OF WORK: SEISMIC RETROFIT
LENGTH: 0.0 (MILES)
PROJECT CLASSIFICATION OR PHASE(S) OF WORK
[X] Preliminary Engineering [] Right-of-Way []
[ ] Construction Engineering [] Construction
Estimated Cost I
Federal Funds
Matching Funds
Local
STATE SEIS OTHER
o $ 5147 $
o
$
14000 33D $
BMS $
8853 $
o
By
/~/UtA~"
/ Hayor
STATE OF
Depa~
on
City of San Bernardino
Date
~ /7,/99ltJ
~~
By
~hi"ef, otfl.
Project Imp
/2-
Date
L "al Programs
ation
0'-9&
Attest
Title
City Clerk
I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Offi Z &/1. Date / / /; 2./9 C.
,
Chapter I Statutes
$
14000.00
Item
Program
IBcl
Fund Source
AMOUNT
162
162
1996
1996
2660-125-042
2660-101-890
96-97
96-97
20.30.010.690
20.30.010.690
C 224060 042-T
C 224060 892-F
5147.00
8853.00
Approved as to forn
and legal content:
James F. Pennan
City Attorney
Page 1 of 2
ByL?./~
(/
.~
1t,-:J?'-r3
08-SBD-0-SBD
STPLZ-5033 (012)
DATE: 11/12/96
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 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.
3. This Program Supplement will be revised at a later date to
include other phases of work.
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. 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.
6. The Local Agency agrees to advertise the project no later than
six (6) months after receipt of the structural plans,
specifications and estimates from the State.
7. The Local Agency agrees to use their own funds to pay for any
portion of the project not eligible under the Seismic Safety
Retrofit Program.
8. State Seismic funds will provide the match to Federal Funds, as
well as Local Agency overhead costs, relating to seismic project
development until June 30, 1998.
9. In executing this Program Supplemental Agreement, Local
Agency hereby reaffirms the "Nondiscrimination Assurances"
contained in the aforementioned Master Agreement for
Federal-Aid Program.
10. 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