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Home My WebLink About2002-131 1 2 3 RESOLUTION NO. 2002-131 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH FOURTH STREET ROCK CRUSHER, A CALIFORNIA CORPORATION, FOR THE DESIGN AND CONSTRUCTION OF THE PHASE IB AND III STATE STREET IMPROVEMENTS AND THE DESIGN AND INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF STATE STREET AND FIFTH STREET. 4 5 6 7 8 9 Exhibit "A" and incorporated herein) with Fourth Street Rock Crusher for the design and 10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. THAT THE MAYOR is authorized to execute an Agreement (see attached construction of the Phase 1 B and III State Street improvements and installation of a traffic signal 11 at the intersection of State Street and Fifth Street. Such Agreement shall be effective only upon 12 being fillly executed by all parties. 13 14 SECTION 2. This agreement and any amendment or modifications thereto shall not take effect or become operative until fully signcd and executed by the parties and no party shall be 15 16 obligated hereunder until the time of such full execution. No oral agreement, amendments, 17 modifications or waivers are intended or authorized and shall not be implied from any act or 18 course of conduct of any party. 19 20 21 22 SECTION 3. This resolution is rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the passage of this resolution. III III 23 24 III 25 III 26 III 27 28 - I - 2002-131 RESOLUTION...AUTHORIZING THE MAYOR TO EXECUTE AN 1 AGREEMENT WITH FOURTH STREET ROCK CRUSHER, A CALIFORNIA 2 CORPORATION, FOR THE DESIGN AND CONSTRUCTION OF THE PHASE IB AND III STATE STREET IMPROVEMENTS AND THE DESIGN AND INSTALLATION OF 3 A TRAFFIC SIGNAL AT THE INTERSECTION OF STATE STREET AND FIFTH STREET. 4 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j t. reg.meeting thereof, held on the 6th 7 8 day of 9 May , 2002, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 LIEN 12 MC GINNIS 13 DERRY 14 SUAREZ 15 16 ANDERSON 17 MC CAMMACK 18 19 x x x -----'L- x x x ~-<'.--w_ /:J. ~~k--k Cit Clerk 20 21 22 23 The foregoing resolution is hereby approved this / day of May , 2002. ~& J dith Valles, Mayor City of San Bernardino 28 JAMES F. PENMAN, City Attorney 27 By: L T. f~ o - 2 - . . , ' 2002-131 Exhibit A AGREEMENT TO CONSTRUCT STREET IMPROVEMENTS AND TRAFFIC SIGNAL - STATE STREET PHASE 1B AND III BETWEEN THE CITY OF SAN BERNARDINO AND FOURTH STREET ROCK CRUSHER AGREEMENT This Agreement is made and entered into on in f'ri (P , 2002 by and between the City of San Bernardino (hereinafter referred to as 'the CIty") Fourth Street Rock Crusher a California corporation (hereinafter referred to a "Fourth Street"). RECITALS A. The City and Fourth Street have previously cooperated in Phase I improvements to State Street between Base Line and the Arroyo Valley High School entrance approximately 600 feet south. B. To improve safety for community residents, provide enhanced access to the high school, and allow for economic development along this corridor, the City and Fourth Street contemplate designing and installing road improvements commencing at Fifth Street, and continuing to the north as a portion of State Street, more particularly shown on Exhibit "B" attached hereto and made a part hereof. These "Phase I B and III" street improvements shall consist of two paved lanes (including temporary redwood header and no sidewalk) and grading for the ultimate improvements between Fifth Street and 600 feet south of Base Line (high school entrance), as well as traffic control signals with safety lighting and handicap ramps at the intersection of State Street and Fifth Street, collectively referred to as "the Project". C. The City and Fourth Street desire to specify the terms of participation in the cost to engineer, acquire the right-of-way, and construct the Project. AGREEMENT The parties agree as follows: I. Obligations of Fourth Street Rock Fourth Street shall: a. Pay $150,000 to the City upon start of construction of the Phase IB and III of the Project. b. Reasonably cooperate with the City on the acquisition of right-of-way necessary to complete the Phase IB and III of the project. -1- . . 2002-131 2. Obligations ofthe Citv The City shall: a. At no additional cost to Fourth Street, have the plans and specifications prepared for the Project, and provide utility identification and location, and all necessary construction-engineering services, contract administration, right-of-way acquisition, permits, authorizations, and any other actions necessary to construct the Project. b. To retain or cause to be retained for audit by the City or other governmental auditors for period of three (3) years from the date of final payment by the City, all records and accounts relating to the construction of the Project. 3. Standards for Construction. The construction of the Project will be pursuant to standard specifications for public works construction, CALTRANS requirements, and the City's standards and requirements. 1// /1/ 2 2002-131 AGREEMENT to Construct Street Improvements and Traffic Signal-State Street Phase IB and III. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date written above by their duly authorized officers on their behalf. ATTEST: CITY OF SAN BERNARDINO BY: Ith Valles, Mayor ity of San Bernardino FOURTH STREET ROCK BY Cflsi:~~ Signa r NAME: Ctv"Sf,'J:~^-- BtJot ~LD TITLE: Approved as to form and legal content: JAMES F. PENMAN City Attorney BY: rlr~? (~ III () III 3 - -.. ';;~ ~ ,,"> '" ;::.:: ~ ~-<s c:s "'..... ;;t: Cl:l" .... - 2002-1\, \~ Exhibit B \'" .\\ ~. . . \" "," ~ :5 ! \ \ .~~ ,<,,~t;;ilj' :i" il 'ij! .H; \ \ 'Jro1~ . , i--H II . Cl ~ ~ ''''I~ 1i,W.~ l \ \ -V ~ · , ~ f / i I ., I i~f : II ; '~ C ~~ ~ ~ \J -.. 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