HomeMy WebLinkAbout1997-002
1
RESOLUTION NO.
97-2
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A STANDARD CONTRACT WITH SAN BERNARDINO COUNTY
3 RELATING TO OVERLAYING THE PAVEMENT ON DATE STREET, FROM GOLDEN
AVENUE TO DEL ROSA AVENUE.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute, on behalf of said
8 City, a Standard Contract with the County of San Bernardino
9 relating to overlaying the payment on Date Street, from Golden
10 Avenue to Del Rosa Avenue.
A copy of of said Agreement is
11 attached hereto, marked Exhibit "A" and incorporated herein by
12 reference as fully as though set forth at length.
13
SECTION 2.
This agreement,
and any amendment or
14 modifications thereto, shall not take effect until fully signed
15 and executed by all parties.
The City shall not be obligated
16 hereunder unless and until the agreement is fully executed and no
17
18
oral agreement relating thereto shall be implied or authorized.
SECTION 3.
The authorization to execute the above-
19 referenced agreement is rescinded if the parties to the agreement
20 fail to execute it within ninety (90) days of the passage of this
21 resolution.
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12-12-96
RESO: EXECUTING STANDARD CONTRACT WITH SAN BERNARDINO COUNTY
OVERLAYING DATE STREET.
RES.97-2
1
2
I HEREBY CERTIFY that the foregoing resolution was duly
adopted
by
the
Mayor and Common
joint adjourned
regular
Council
of
3 Bernardino
4
5
meeting
thereof,
at
a
13th day of
Ci ty of
San
the
held
on
the
, 1997, by the following vote, to-wit:
~~bo,
Ci ty of San Bernardino
January
Council Members:
AYES
NAYS
ABSTAIN
6 NEGRETE
x
7 CURLIN
8 ARIAS
9 OBERHELMAN
x
x
x
10 DEVLIN
x
x
x
R~'
The foregoing resolution is hereby approved
January
, 1997.
19
20
21
22
23
24
25
26
27
28
Approved as to form
and legal content:
James F. Penman
City Attorney
r.~
- 2 -
ABSENT
~
City Clerk
thi s I r.;1{
.RES.97-2
.
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E U New
I M U Change
o xi; Cancel
County Department
TRANSPORTATION
FOR COUNTY USE ONL Y
Vendor Code Dept.
Contract Number
SC TRA A
en-13)
Dept. Orgn.
TRA
Contractor's License No.
County of San Bernardino
County DepClrt'llent Contract Representative
'THEODORE M. GOlONOZINIER
Fc.md I Dept.; Organization Appr
SAA i TRA TRA
Commodity Code
TRA
Ph. Ex!.
I Project Name
i DATE ST FROM GOLDEN
: AVE/DEL ROSA AVE
FY
I
1=
,
1-
,
~mount of Contract
h5agncgffiB~~;;ce
Activity : GRCiPROJ,'JOB Number
! 25H12329
Estimated Payment Total by Fiscal Year
Amount I/O FY Amount
Obj/Rev SouTce
2724
-:I
=1
-[
FAS
STANDARD CONTRACT
L
THIS CONTRACT is entered into in the State cf California by and between the County of San Bernardino, hereinafter called
the County, and
Name
CITY OF SAN BERNARDINO
Address
hereinafter called
CITY
300 North D Street
San Bernardino, CA 92418
?hone
Birth Date
909/384-5025
Feder::;1 10 No. or Social Sec..lI:ty No
IT is HEREBY AGREED AS FOllOWS.
IUS;] space below and additfon~! bond 3heets. Set fo,-th service to be rendered, amount to be paid, manner of payment, time for performance or como/etion,
determination 0; $atisfactory performance and cause for termination, other terms and conditions, and attach plans, soecifications, and addenda, if any.)
WITNESSETH
WHEREAS, the County of San Bernardino (hereinafter referred to as COUNTY) and the City of San
Bemardino (hereinafter referred to as CITY) desire to cooperate and jointly participate in a project to fill sunken areas
of pavement and overlay with AR4000 pavement on Date Street from Golden Avenue to Del Rosa Avenue
(hereinafter referred to as the PROJECT ); and
WHEREAS, the project is located partially (approximately 63%) within the unincorporated area of the
COUNTY and partially (approximately 37%) within the incorporated area of the CITY, and will be of mutual benefit
to the COUNTY and the CITY,
WHEREAS, COUNTY and CITY desire to set forth responsibilities and obligations of each as pertains to
such participation and to the construction, maintenance, and funding of the proposed improvements.
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
02-12311.000 Rev, 11191
Page
of 3
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. RES.97-2.
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1.0 COUNTY WILL:
1.1 Act as the Lead Agency in the construction of the PROJECT.
1.2 Construct the PROJECT with County forces.
1.3 Obtain a no-cost permit from CITY for work within the CITY'S right-of-way.
1.4 Accept responsibility for its proportionate share of the cost of construction of the PROJECT, based on the
COUNTY'S determination of the actual cost of the work in the unincorporated area. COUNTY'S estimated
share for the project is $39,000.
1.5 Submit to CITY an itemized accounting of the PROJECT cost and a statement for CITY'S share of the
cost as provided herein.
1.6 After completion of the project, maintain those portions of PROJECT within the unincorporated area of
the COUNTY.
2.0 CITYWILL:
2.1 Accept responsibility for its proportionate share of the cost of construction of the PROJECT, based on the
COUNTY'S determination of the actual costs in the incorporated area of the CITY. CITY'S estimated
share of the project is $22,900 and shall not exceed $25,000 without prior written authorization from the
CITY.
2.2 Reimburse COUNTY within thirty (30) days after receipt of an itemized statement as set forth in Paragraph
1.5 of this agreement setting forth all cost of PROJECT to be borne by the CITY.
2.3 After acceptance of the PROJECT, maintain those portions of the PROJECT within the incorporated area of
the CITY.
3.0 IT IS FURTHER AGREED THAT:
3.1 COUNTY agrees to indemnifY and hold harmless the CITY, its officers, agents, volunteers from any and all
claims, actions or losses, damages, and/or liability resulting from the COUNTY'S negligent acts or omissions
which arise from the COUNTY'S performance of its obligations under this lease.
3.2 CITY agrees to indemnify, defend (with counsel approved by COUNTY) and hold harmless the COUNTY
its officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability
arising out of its obligations under this lease.
3.3 In the event the COUNTY and/or the CITY is found to be comparatively at fault for any claim, action, loss
or damage which results from their respective obligations under the lease, the COUNTY and/or CITY shall
indemnifY the other to the extent of its comparative fault.
3.4 Furthermore, if the COUNTY or CITY attempts to seek recovery from the other for Worker's
Compensation benefits paid to an employee, the COUNTY and CITY agree that any alleged negligence of
the employee shall not be construed against the employer of that employee.
3.5 This agreement may be canceled upon thirty (30) days written notice of either party, however, costs incurred
up to the effective date of cancellation shall be shared in the manner provided heretofore.
Page 2 of 3
.
RES.97-2 .
3.6 This agreement shall terminate upon completion of the project and payment of final billing by the CITY for
its share of the PROJECT.
THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both
parties.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective
officer thereunto duly authorized.
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" " " " " " " " " " Ap'f'ROVEQ. AS TO .fORM " "
AND LEGAL CONTENT.
" " " " " " " " " " :James F. Penman." " "
City A, rney A
I -:;. /~--
i
By:
Dated _
CITY OF SAN BERNARDINO
By . -;;;;:;:)l;;~AnY, etc!
Dated /-1 rq:ht!/z7 Signature)
.
Chairm
Title
Mayo'-
Address 300 North "D" Street
By
San Bernardino, CA 92418
Reviewed for Processing
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Cou tV e'oun~el
Date 1.(, C; 7
Date
~~\)~
Agency Administrator/CAO
Date
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of
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02.12311-000Rell,11191
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