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RESOLUTION NO.
2002-132
RESOLUTION OF THE CITY OF SAN BERNARDINO At:THORIZING THE
MA YOR TO EXECUTE AMENDMENT NO.1 TO THE AGREEMENT WITH FOURTH
STREET ROCK CRUSHER, A CALIFORNIA CORPORATION, AND THE SAN
BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR THE DESIGN AND
CONSTRUCTION OF THE PHASE I ROAD IMPROVEMENTS TO STATE STREET
AND THE DESIGN AND INSTALLATION OF A TRAFFIC SIGNAL AT THE
INTERSECTION OF STATE STREET AND BASELINE STREET.
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 Amendment No, I to the
Agreement (see attached Exhibit "A" and incorporated herein) with the Fourth Street Rock
Crusher and the San Bemardino Cily Unified School District for the design and construction of
the Phase I road improvements to State Street and installation of a traffic signal at the
intersection of State Street and Baseline Street. Such Amendment shall be effective only upon
being fully executed b y all parties,
SECTION 2. This Amendment and any modifications thereto shall not take effect or
become operative until fully signed and executed by the parties and no party shall be obligated
hereunder until the time of such full execution, No oral agreement, amendments, modifications
or waivers are intended or authorized and shall not be implied from any act or course of conduct
of any party,
SECTION 3. This resolution is rescinded if the parties to the Amendment fail to execute
it within sixty (60) days of the passage of this resolution,
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IMPORTANT NOTE - RESOLUTION
2002-132 is null and void
because it was not executed
within the time specified.
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2002-132 .'
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1
RESOLUTION...AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT
2 NO. I TO THE AGREEMENT WITH FOURTH STREET ROCK CRUSHER, A
CALIFORL"iIA CORPORATION, AND THE SAN BERNARDINO CITY UNIFIED
3 SCHOOL DISTRICT FOR THE DESIGN Al'lD CONSTRUCTION OF THE PHASE I
ROAD IMPROVEMENTS TO STATE STREET AND THE DESIGN AND
4 INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF STATE
5 STREET AND BASELINE STREET.
6
1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7
8 Common Council of the City of San Bernardino at a j t. reg. meeting thereot~ held on the 6th
9 day of May , 2002, by the foJlowing vote, to wit:
10 Council Members:
11 ESTRADA
12 LIEN
13
MC GINNlS
14
15 DERRY
16 SUAREZ
17 ANDERSON
18 MC CAMMACK
19
20
21
22
The foregoing resolution is hereby approved this
day of May
,2002,
23
24
Ju' alles, Mayor
ty, of San Bernardino
25 Approved as to
26 form and legal content:
27 JAMES F, PENMAN,
City Attorney
28
By l>1J.:., :i;4>- b :L~p r
:>:
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2002-132
ORIGINAL
A:\IE:'\Dl\IENT No. I TO AGREEMENT TO COl'lSTRUCT STREET IMPROVEMENTS
AND TRAFFIC SIGNAL - STATE STREET PHASE I
BETWEEN
THE CITY OF SA:\' BER:\'ARDINO AND FOL'RTH STREET ROCK CRUSHER
AND THE BERNARDINO UNIFIED SCHOOL DISTRICT
AGREEMENT
This Amendment No, I is made and entered into on . 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"), and San Bernardino City
Unified School District (hereinafter referred ~o as "the Di3tricf')
WITNESSETH
WHEREAS, San Bernardino City Council, on December 4,2000, Adopted Resolution
No, 2000-346 approving an Agreement 10 Construct Phase I State Street Improvements and
Traffic Signal (hereafter "Agreement"),
\VHEREAS, subsequent to Agreement approval, revisions were required of the project
by tbe Army Corps, of Engineers and San Bernardino County Flood Control associated with the
reconstruction of the flood control dike and related access roads; and
WHEREAS, said work also required additional field engineering and testing; and
WHEREAS, said additional costs have been reviewed by Staff and found to be
appropriale; and
WHEREAS, paragraph (2,g.) of the Agreement specifies "Fourth Street shall be
reimbursed by the City for the total cost of the Project in excess of the contribution by Fourth
Street. upon completion of Phase 1."
~O\"t', THEREFORE, it is nlutually agreed, as [01:0\,\"5:
I.' Paragraph 2 (c) is hereby amended to read as follows:
"2. Obligations of the City, The City shall:
c. Reimburse Fourth Street for the total cost of the constnlction of the Street
Improvements, less the sum of Forty-five Thousand Dollars ($45,000), plus
engineering fees incurred by Fourth Street for Phase 1. The total cost of
construction to the City shall not exceed Two-hundred Forty-seven Thousand
Sixty Dollars and Forty-one Cents (5247.060.41 )."
2. All olher terms and provisions in tbe Agreement remain unchanged.
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2002-132
AMENDMENT No.1 TO AGREEMENT TO CONSTRUCT STREET IMPROVEMENTS
AND TRAFFIC SIGNAL - STATE STREET PHASE I
IN WITNESS WHEREOF, said parties hereto have caused this Amendment to be officially
executed on the date written above and attested by their duly constituted officers.
CITY UNiFIED SCHOOL DISTRICT
~
Approved:
n Bernardino City Unified
School District
APPROVED AS TO FORM:
District's Counsel:
CITY OF SAN BERNARDINO
Attest: ~~ /J. (!.u.~'-"
Rac I Clark, City Clerk
APPROVED AS TO FORM
AND LEGAL CONTENT:
kct:.i . Li~ ~~
JAMESF~NMAN ' ~~;S.
City Attorney ~
III
III
By:
o.vtd S. ...
A8IlIlInt Supeti.....
..-- SIIvIoeI DIvIIlon
Attest:
Ju ith Valles, Mayor
City of San Bernardino
FOURTH STREET ROCK CRUSHER
BY:
Name: ~~h 4s0f\.- 6LJo+
Title:
~EO
2
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2002-132
ORIG1NAL
,1 i ...... ...~
A:\1E~Dl\lENT No. I TO AGREEMENT TO CONSTRUCT STREET IMPROVEMENTS
AND TRAFFIC SIGNAL - STATE STREET PHASE I
BETWEEN
THE CITY OF SAN BERNARDINO AND FOURTH STREET ROCK CRUSHER
AND THE BERNARDINO UNIFIED SCHOOL DISTRICT
AGREEMENT
This Amendment No. I is made and entered into on , 2002 by and between the
City of San Bemardino (hereinafter referred to as "the City") Fourth Street Rock Crusher, a
Califomia corporation (hereinafter referred to a "Fourth Street"), and San Bemardino City
Unified School District (hereinafter n.::ferred ~c as "the Di3tricf')
WITNESSETH
WHEREAS, San Bernardino City Council, on December 4,2000, Adopted Resolution
No. 2000-346 approving an Agreement to Construct Phase I State Street Improvements and
Traffic Signal (hereafter "Agreement").
WHEREAS, subsequent to Agreement approval, revisions were required of the project
by the Army Corps. of Engineers and San Bernardino County Flood Control associated with the
reconstruction of the flood control dike and related access roads; and
WHEREAS. said work also required additional field engineering and testing; and
WHEREAS. said additional costs have been reviewed by Staff and found to be
appropriate; and
WHEREAS, paragraph (2.g.) of the Agreement specifies "Fourth Street shall be
reimbursed by the City for the total cost of the Project in excess of the contribution by Fourth
Street. upon completion of Phase I."
:\O\\', THEREFORE, it i3 muti.lally agreed, as fono\vs:
I.' Paragraph 2 (c) is hereby amended to read as follows:
"2. Obligations of the City. The City shall:
c. Reimburse Fourth Street for the total cost of the construction of the Street
Improvements, less the sum of Forty-five Thousand Dollars ($45,000), plus
engineering fees incurred by Fourth Street for Phase I. The total cost of
construction to the City shall not exceed Two-hundred Forty-seven Thousand
Sixty Dollars and Forty-one Cents ($247.060.41)."
2. All other terms and provisions in the Agreement remain unchanged.
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2002-132
AMENDMENT No.1 TO AGREEMENT TO CONSTRUCT STREET IMPROVEMENTS
AND TRAFFIC SIGNAL - STATE STREET PHASE I
IN WITNESS WHEREOF, said parties hereto have caused this Amendment to be officially
executed on the date written above and attested by their duly constituted officers,
Approved:
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By:
n.vid So a...
, '1 . .........11
..... Ser..aa DMIIon
San Bernardino City Unified
School District
Attest:
APPROVED AS TO FORM:
District's Counsel:
CITY OF SAN BERNARDINO
Ju ith Valles, Mayor
City of San Bernardino
Attest: ~~ /~. r!-.e.-'lA_/c,-",
Rac I Clark, City Clerk
APPROVED AS TO FORM
AND LEGAL CONTENT:
FOURTH STREET ROCK CRUSHER
~a;.i - L.i~ "
JAMESF~NMAN ' ~~.
City Attorney ~
BY:
Name: cJv~h
Title:
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III
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San Bernardino City Unified School District
CERTIFICATION OF MINUTES
The Board met in regular session on the 16th day of July 2002, at the usual meeting place
thereof. The meeting was called to order at 5:30 p.m.
Members present:
Brown, Dupre, Parra, Savage, Tillman, Valdez, Yeager
Members absent:
None
The adoption of the following resolution and order was moved by Member Brown, seconded by
Member Savage, and a vote being taken, the said resolution and order was adopted by the
following votes of members present at that time.
AYES:
Brown, Dupre, Parra, Savage, Tillman, Valdez, Yeager
NOES:
None
BE IT RESOLVED that the Board of Education approves amending the resolution of September
5,2000, with the City of San Bernardino and Fourth Street Rock Crusher to Construct the New
State Street Entrance at Arroyo Valley High School, per a request from the Mayor and Office of
the City Clerk. There are no additional costs or changes that affect the District. The amendment
is as follows:
2. Obligations of the Citv. The City shall:
c. Reimburse Fourth Street for the total cost of the construction of the street
improvements, less the sum offorty-five thousand dollars ($45,000.00),
plus engineering fees incurred by Fourth Street for Phase 1. The total cost
of construction to the City shall not exceed two hundred forty-seven
thousand sixty dollars and forty-one cents ($247,060.41).
BE IT FURTHER RESOLVED that the Board of Education authorizes David S. Bail, Assistant
Superintendent, Business Services Division, to sign said amendment.
I, ARTURO DELGADO, Secretary of the Governing Board ofthe San Bernardino
City Unified School District hereby certify that the foregoing is a true and correct copy of a
resolution duly made, adopted, and entered in the Board minutes of the Governing Board of the
San Bernardino City Unified School District on the 16th day of July 2002.
d
Secretary of the Boar
Agenda Item 10.61
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Dated: July 17,2002