HomeMy WebLinkAbout2002-291
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RESOLUTION NO, 2002-291
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR TO RE-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 re-execute Amendment No. I to the
Agreement (see attached Exhibit "A" and incorporated herein) with the Fourth Street Rock
Crusher and the San Bernardino City 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 This resolution is rescinded if the parties to the Amendment fail to execute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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2002-291
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RESOLUTION...AUTHORIZING THE MAYOR TO RE-EXECUTE
2 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.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
8 Common Council of the City of San Bernardino at a j t. reg. meeting thereof, held on the 9 th
9 day of September, 2002, by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA X
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LIEN ....-X..-
MC GINNIS X
DERRY X
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SUAREZ X
ANDERSON X
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MC CAMMACK ---1L...
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The foregoing resolution is hereby approved this 1;)711 day of ~tember ,2002.
Approved as to
form and legal content:
Juditll alles, Mayor
City 0 San Bernardino
(
JAMES F. PENMAN;
Gitl' AHernel'
By: I... .0M'Li1t-fl!.-!
,$ (',~c\', , ,GO<_ ~'<' /
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2002-291
CITY ORIGINAL
AMENDMENT No.1 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, 1 is made and entered into onSe:Prf1l1l?EfL q, 2002 by and between the
City of San Bernardino (hereinafter referred to as "the City") Fourth Street Rock Crusher, a
California corporation (hereinafter referred tc a "Fourth Street"), and San Bernardino City
Unified School District (hereinafter referred to as "the District")
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 1."
NOW, THEREFORE, it is m'ltually agreed, as follow,;:
1. 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 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)."
2, All other terms and provisions in the Agreement remain unchanged,
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2002-291
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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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San Bernardino
Schoo! District
APPROVED AS TO FORM:
District's Counsel:
CITY OF SAN BERNARDINO
Attest: ~v..L cr,(!._k.L
Radi 1 Clark, City Clerk
APPROVED AS TO FORM
AND LEGAL CONTENT:
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JAlv g F,
City Attemey
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By:
Attest:
Approved:
FOURTH STREET ROCK CRUSHER
BY, t
NameC/w;
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Title:
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