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Home My WebLink About2000-346 II ,. :\ " :i I II I l RESOLUTION NO. 2000-346 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH FOURTH STREET ROCK CRUSHER, A 3 CALIFORNIA CORPORATION, AND THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR THE DESIGN AND CONSTRUCTION OF THE PHASE 1 ROAD 4 IMPROVEMENTS TO STA IE STREET AND THE DESIGN AND INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF STATE STREET AND BASELINE 5 STREET. () I BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 !I OF SAN BERNARDINO AS FOLLOWS: ~ II II SECTION t. THAT THE MAYOR is authorized to execute the Agreement (See attached 9 ! Exhibit" A" and incorporated herein) with the Fourth Street Rock Crusher and the San Bernardino 10 i I City Unified School District for the design and construction of the Phase I road improvements to [1 ! ,) ,... J State Street and installation of a traffic signal at the intersection of State Street and Baseline Street I Such Agreement shall be effective only upon being fully executed by all parties. ! 3 il SECTION 2. This agreement and any amendment or modifications thereto shall not take i 1 Ii . , Ii effect or becJme operative until fully signed and executed by the parties and no party shall be :',11 L. if . II ,lbiigated hereunder until the time of such full execution. No oral agreements, amendments., !" Iii :11odifications or waivers are intended or authorized and shall not be implied from any act or course , ,~ ! 1" !l II' of conduct of any party. 18 I SECTION 3. This resolution is rescinded if the parties to the Agreement fail to execute it 19 20 within sixty (60) days of the passage of this resolution. 11/ '" ~, I II i /I 22 1/1 n 1111 :>1 ~I , Ii II I JSI J.-, !. 26 ill/I III/I 27 1/1 28 II lIE '"1""""""1 II RESOLUTION NO. 2000-346 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH FOURTH STREET ROCK CRUSHER, A 3 CALIFORNIA CORPORATION, AND THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR THE DESIGN AND CONSTRUCTION OF THE PHASE I ROAD 4 IMPROVEMENTS TO STATE STREET AND THE DESIGN AND INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF STATE STREET AND BASELINE 5 STREET. 6 7 8 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a Joint Regular meeting thereof held on the 9 4th day of December , 20_, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT 10 II ESTRADA x 12 LIEN x 13 MCGINNIS x 14 SCHNETZ ~ 15 SUAREZ x 16 ANDERSON ~ 17 MCCAMMACK x 18 )afuiliL fAPdl nCe i}f-d(f 19 City Clerk ' 20 2 I 2000. The foregoing resolution is hereby approved this 5 th __ day of December 22 , ((.~.<i?~ .JUDI VALLES, Mayor (' City of San Bernardino ."-.-- .-' 23 24 Approved as to 25 Form and Lcgal Content: 26 JAMES F. PENMAN City Attorney 27 28 By: O~ z:- ~ L c ~ ~ f~ T;.,...,~ "/7~ ] [E/calstatesLrcs] 2 F80M . (FRI) 12 -'! ,~ " V ~ 2000-'" L ~tf q\~ ~/I ~\f\ PHASE I ~ ;V AGREEMENT TO CONSTRUCT STREET IMPROVEMENTS \1/ 1\ \) AND TRAFFIC SIGNAL ~ BETWEEN 2000 12:4:/ST.12:40/NO. 5111346358 P.-2 120100 ORIGINAL THE CITY OF SAN BERNARDINO, FOURTH STREET ROCK CRUSHER AND TfiE BERNARDINO UNIFlED SCHOOL DISTRICT AGREEMENT This Agreement is made and entered into on December -' 2000 by and between the City of San Bemardino Olereinaller referred to as "the City"), Fourth Street Rock Crusher, a California corporation (hereinafter referred to as "Fourth Street"), and San Bernardino City Unified School District (hereinafter referred to as "the District"). RECITALS A. To improve the safety of Arroyo Valley High School (hereinafter referred to as the "High School"), students and community residents, provide primary access to the new high school facility, and aHow for development along this corridor, the City and Fourth Street contemplate designing and installing road improvements commencing at Bascline Street, and constructed to the south as a portion of Statc Street, more particularly shown on Exhibit "A", attached hereto and made a part hereof. The street improvements shall eonsist of four paved lanes (including curb and gutter and no sidewalk) of approximately six hundred feet to thc south of Bascline ("Street Improvement"), as well as traffic control signals with safety lighting and handicap ramps at the intcrsection of said State Street and Baseline Street, collectively referred to as "the Project" . B. The City, Fourth Street, and the District desire to speci ty the terms of participation in the cost to engineer, acquire the right of way, and construct the Project. AGREEMENT The parties agree os follows; 1. Oblil!ations of Fourth Street Rock. Fourth Street shall: a. Construct, within the time as provided in this Agreement, the Street Improvements ("State Street") commencing at Baseline Street, San Bernardino, and continuing south approximately six hundred (600) feet to the west end of the entrance road to the High School, as more specifically shown in Exhibit "A", attached hereto and made a part hereof. F~OM (FR I) 12 2000-346 2000 12: 421ST. 12: 40/NO. 5111345358 P 3 ....., 1111100 b. Subject to the satisfaction of the obligations of the City, cause the construction of a traffic control signal ("Traffic Control Signal") at the corner of Baseline SlreeL amI Slate .Street. C. To retain or cause to be retained for audit by the City or other governmental auditors for a period of three (3) years from the datc of ftnal payment by the City, all records and accounts relating to the construction of the Project. d. Provide the City with executed right-of-way documents necessary for the City to accept State Street improvements, at no cost to the City. 2. Obli~ations of the City. The City shall: a. Provide to Fourth Street, at no cost to Fourth Street, the plans and speeiftcations for the Traffic Control Signal, and utility identification and location, and all necessary construction engineering services, permits, authorizations, and any other necessary actions in order to construct the Project. b. Reimburse Fourth Street tor the entire cost of the construction of the Traffic Control Signal. c. Reimburse fo'ourth Street tor the total cost of the construction of the Street Improvements, less the sum of Forty Five Thousand Dollars ($45,000.00), plus engineering fees incurred by Fourth Street for Phase I). The total cost of construction shall not exceed One HWldred Eighty Thousand Dollars ($180,000.00). d. Waive all Project fees, including, but not limited to, application, inspection or permit fees for the completion oflhe Project. e. Bill and collect from the District, on or before March I, 2001, and pay to Fourth Street immediately upon receipt, the District's share of the costs of the Project, as provided herein. f. UpQn completion of the Project, pay Fourth Street the balance ofrcimbursemcnts as provided herein, including the reimbursement to be paid by the District. g. Fourth Street shall bc reimbursed by the City for the total cost of the Project in excess of the contribution by Fourth Street, upon completion of Phase r. 3. Obligations ofthe District. The District shall: a. Within forty-five (45) days of billing. pay to the City the sum of Thirty Six Thousand Dollar~ ($36,000.00), as the District's share of the contribution towards the construction of the Project. This represents the District's total share of the cost of the construction of the Project. 2 FROM (FR I ) 12 2000 12:421ST.12:40/NO. 5111346358 P. 4 1'1111\: ( 2000-346 l~IOO b. Within forty-five (45) days of billing, pay to the City the sum of Forty-Five Thousand DollaTS ($45,000.00), 88 their contribution towards the construction of the Traffic Control Signal. This represents the Districts total share of the cost of the Traffic Control Signal. 4. Comoletion Date. Fourth Street Rock shall complete the construction of thc Project nO later than April I, 2001. Any delays caused by the failure of the City to tim.ely perform its obligations. shall extend the completion date by the amount of delay caused by the City. S. Schedule of Construction. The Project schedule shall be 88 follows: a. The City shall review and grant all necessary City permits, and take all necessary action to approve this Project, and to allow Fourth Street to proceed with the construction of the Project no later than December 15, 2000, so long as the plans for the Project are resubmitted to City on or before December 5, 2000 and substantially conform to the plan check requirements of the City as previously returned 10 Associated Engineers, Inc. b. Fourth Street shall commence construction of the Projcct no later than two weeks aftcr the approval of the Project by thc City and the granting of all necessary pllrmils and approvals by any governmental a~y. \~ ~ ~ c. By January Y~Ol, Fourth Street shall complctc the street grading and all materials and contracts shall ha~f!Jn t~~~ F~urth Street to construct the Project. d. By Febrnary J: 2001, City shall complete all necessary underground work to be completed by the City (including the City Water Department), if any, Project improvement plans are approved by the City Engineer, and all materials and contracts have been issued by Fourth Stl'eet to construct the Street ~vements. e. By March;(z'OOl. ~~~~ shall complete all paving. concrete and finish grading. f. By April I, 2001, Fourth Street shall complete the installation of the Traflic Control Signal, and all Street Improvements, waiting final approval by the City. 6. Standard 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. 7. Prevailina Wag:e anI! Biddinl!. The City agrees that Fourth Street is not required to pay prevailing wage, or comply with any bidding requirements that would be required if the City was constructing the Project. 8. Cost of Construction. The cost of construction shall bc the actual cost of the construction of the Project. Any costs incurred by Fourth Street shall not exceed the cost to perfoml the similar service, or provide any product by a company not affiliated with Fourth Street. At the completion of the Project, Fourth Street shall provide to the City and the District the records that 3 FR.OM (FR I) 12 2000 14:06/ST, 14:03/NO. 51113415363 P 6 Phzl!1 2000-346 I:l.ClIOO demonstrate the actual cost of conslrnction. An arbitrator as provided in this Agreement shall determine any dispute concerning the costs of construction. 9. TemDorarv Access Road. If the Project is not in substantial compliance with the Schedule as provide in this Agreement by March 1, 2001, as defined in paragraph 5 (e) of this Agreement, then the District may elect to construct a temporary access as shoWTI on Exhibit "A". 10. Disoute Resolution - Arbitration. a. All claims, disputes and other matters in controversy (a "dispute'') arising directly or indirectly out of or related to this Agreement, or the breach thereof, whether contractual or noncontractual, and whether during the term or after the termination of this Agreement, shall be resolved exclusively according to the procedures set forth in this Section. b. Any dispute shall be resolved by arbitration in the City of San Bernardino, California, administered by the American Arbitration Association under its Commercial Arbitration Rules in effect at the time of the dispute, by a single arbitrator. The arbitrator shall base the award on applicable law and judicial precedent and, unless both parties agree otherwise, shall include in such award the tindings of fact and conclusions of law upon which the award is based. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. c, All applicable statutes of limitations and defenses based upon the passage oftimc shall be tolled while the procedures spccificd in this Section are pending. The parties will take such action, if any, required to effectuate such tolling. IN WITNESS WHEREOF, said parties have caused this Agreement to be officially executed and attested by their duly constituted officers. SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT APPROVED AS TO FORM: District's Counsel: \.(i.-4'~41""'" By: Uu (i ~C"VtoJrtl- I~.I'\-" Approved: ~y){ ,;jrls<<' Attest: I ernardino City Unified " School District / / / / DM:l S. 811 "'II' lJa1l&.p.~"'_ll ~ SetvIcIt DMIIan 4 FROM (FR I) 12 2000 14:06/ST. 14: 03/NO. 5111340363 P 5 ,...., 2000-346 '"'''' CITY OF SAN BERNARDINO APPROVED AS TO FORM AND LEGAL CONTENT: ~6~~-c&,'~~ ~.t'i ,....;;~, James F. Penman, City Attorney /?,yP City of San Bernardino Approved: JudithV Cits Attest: KO-I!Jvi to(u.L Rachel Clark, City Clerk ,;A1M.l'iLiL"trWaLi7tLj .o.(!pa~ FOURTII STREET ROCK CRUSHER APPROVED: Fourth Street Rock Crusher A Cali Corporation ~ BY: 5 FBOM z 0 - th Z I- W III III l- II: >< l- . 1&1 :I: I- .. I- 0- 0 1&1 oz 1-- 1&1 a ..III: It 1114: ..... Zz zll: CI) 4:111 :l:Gl 1&1 Uz ..14: I- o. II( 11:11.. !i;o t- o> CI) U"", au C 0 0 III ..L a. CI) Ii 0 0 ~ II: II.. 0 II: ~ I I.. ". 1 2000 12:44/ST.12:40/NO. 511134.6358 P ;'; i' :1.. llil ~u ull ....d\\\I (FR I ) 12 i: 2000-346 i!Hil"I' ~ ~ , · · I ~ . I I ... 11111:: . -- . " " '. \. "\,'. \" . ""'. \' \ .... \'. . ", " "" '. " h a: !II ... ~ "" u ~ u 0 , a:: , ~ III "" .... ... :I: I- IllC " 0 IL \ h J W . :J ~l;'l I'~. ,'"\ :~ , I! ~;.. /"'---......., '" "'J 1.::$ 1'- :'1.1 ~ '/' I '1'"- ~ '.:~ I " hi i! r[,," I_ . ~; i " .. - j:, ~ Ii \ \ I:. ,\ I !~ -._.~: I' . !\."'. i ";" I ;.Ii. ".., ,\..I.',!;. \. I ~"l';r':.:; , ~:. : r " ,.! 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