Loading...
HomeMy WebLinkAbout1997-018 . , 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION NO. 97-18 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CO-OPERATIVE AGREEMENT vlITH THE COUNTY OF SAN BERNARDINO RELATING TO THE IMPROVEMENT OF FORTIETH STREET, FRml THIRD AVENUE TO ACRE LANE. BE IT RESOLVED BY THE HAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of said City, a Co-operative Agreement with the County of San Bernardino relating to the improvement of Fortieth Street, from Third Avenue to Acre Lane. A copy of said Agreement is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. 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 17 18 19 hereunder unless and until the agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION 3. The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement 20 fail to execute it within ninety (90) days of the passage of this 21 resolution. 22 / / / / 23 / / / / 24 / / / / 25 / / / / 26 / / / / 27 / / / / 28 / / / / 1-09-97 , RESO: AUTHORIZING EXECUTION OF CO-OPEAATIVE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO - IMPROVEMENT OF FORTIETH STREET. 97-18 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a joint regular meeting thereof, held on the 4 27th day of January 5 Council Members: 6 NEGRETE 7 CURLIN 8 ARIAS 9 OBERHELMAN 10 DEVLIN , 1997, by the following vote, to-wit: AYES NAYS ABSTAIN ABSENT x x x x x x x The foregoing resolution is ~~J Ra 1 Clark, City Clerk hereby approved this ;igtJ_ January , 1997. 19 20 ~~~~~ Tom Minor, Mayor City of San Bernardino Approved as to form and legal content: 21 James F. Penman City Attorney 22 23 24 25 26 27 28 - 2 - 97-18 CO-OPERATIVE AGREEMENT THIS AGREEMENT is made and entered into this day of DEe 1 7 1996 _, 1997, by and between the County-of San Bernardino, a poli tical subdivision of the State of California, hereinafter referred to as "COUNTY," and the City of San Bernardino, a municipal corporation of the State of California, hereinafter referred to as "CITY," relative to the iI'lproveroent of Fortieth Street, from Third Avenue to Acre Lane. \HTNESSETH: WHEREAS, Fortieth Street, between Third Avenue and Acre Lane is in need of improvement; and jointly Fortieth WHEREAS, both COUllTY and CITY desire to cooperate participate in a project to iI'lprove this section Streeet, hereinafter referred to as "PROJECT"; and and of WHEREAS, PROJECT is partially (approxiI'lately 52.4%) in the incorporated area of the CITY and partially (approxinately 47.6%) in the unincorporated area of the COUNTY and will be of mutual benefit to the CITY and COUNTY; and WHEREAS, COUlJTY and CITY do mutually desire to set forth the responsibilities and obligations of each party as pertains to the design, construction, and funding of PROJECT. NOW, THEREFORE, the parties agree as follows: 1. CITY sha.ll: a. Act as the Lead Agency for the PROJECT. b. Proceed to prepare the necessary plans, specifi- cations and estinates for construction of PROJECT. c. Coordinate development of the plans for PROJECT with COUNTY, and secure any required pernits. d. Obtain COUNTY'S approval of the plans, specifi- cations and estimate prior ~o advertising for bids. e. Process PROJECT through the environnental review, pursuant to the California Environmental Quality Act. EXHIBIT "An . . . 97-18 CO-OPERA'rIVE AGREEMENT: Improvement of Fortieth Street, from Third Avenue to Acre Lane f. Advertise for bids, award a contract for the con- struction, and provide contract administration and construction inspection. g. Finance the total PROJECT cost, preliminarily estimated at $595,760.00. h. Submi t a bill PROJECT cost, funds, within and acceptance to COUNTY for 47.6% of the total less COUNTY's portion from SB 300 thirty (30l days after completion of the work by the contractor. 2. COUNTY shall: a. Assist in the identification of utility facili- ties wi thin the PROJECT unincorporated area and relocation of those in conflict with the improvement. b. Reimburse CITY within 30 days of receipt bill for 47.6% of the total PROJECT cost, COUNTY's portion from SB 300 funds. of a less c. Accept responsibility for its proportionate share of the cost of construction of the PROJECT based on the CITY's determination of the actual cost of the work in the unincorporated area. Where feasible, the proportionate share should be based on actual quantities of unit priced iter,1s. The COUNTY's share of the project cost (design, construction and construction engineering) is not to exceed $283,582.00, plus ten (10) percent or $311,940.00. 3. IT IS FURTHER AGREED THAT: a. The COUNTY agrees to indemnify, and hold harm- less the CITY and its officers, agents, and volunteers from any and all claims, actions or losses, damages, and/or liability which arise from the COUNTY'S negligent performance of its obligations under this agreement. b. CITY agrees to indemnify, defend and hold harmless the COUNTY and its officers, employees, agents and volunteers from any and all claiY.ls, actions, losses, damages and/or liability arising out of its obligations under this agreement. - 2 - 97-18 CO-OPERATIVE AGREEMENT: Improvement of Fortieth Street, from Third Avenue to Acre Lane c. The CITY shall require its contractors to meet the COUNTY'S insurance requirements identified in Exhibit "B." d. 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 agreement, the COUNTY and/or CITY shall indemnify the other to the extent of its comparative fault. e. Furthermore, if the COUNTY or CITY attempt to seek recovery from the other for Workers' 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. f. This agreement may be cancelled upon thirty (30) days written notice of either party, however, costs incurred up to the effective date of can- cellation shall be shared in the manner provided heretofore. g. After opening of bids, estimate of cost will be revised based on actual bid prices. h. If, upon opening of bids, it is found that a cost overrun exceeding 25% of the estimate will occur, COUNTY and CITY shall endeavor to agree upon an alternative course of action. If, after 30 days, an alternative course of action is not agreed upon, this agreement shall be deemed to be ter- minated by mutual consent. i. This agreement may be cancelled upon thirty (30l days written notice of either party, however, costs incurred up to the effective date of can- cellation shall be shared in the manner provided heretofore. J. This agreement shall terminate upon completion of the project and payment of final billing by the CITY for COUNTY'S share of the project. THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both parties. - 3 .. 97-18 CO-OPERATIVE AGREEMENT: Improvement of Fortieth Street, from Third Avenue to Acre Lane IN WITNESS WHEREOF, agreement to be executed by duly authorized. COUNTY OF SAN BERNARDINO 0.- ? ./;f~ & '_/"~';"~vV'-' ,/'''1,-\ I ~" ~ --~ hairman BEG 1 ~uf99risors ATTEST: s!~r'~::D Mm [,~R'f1;.ftn~fi}Ar' :ttJO?Y c.:: r :~"~ 1" ":l~;if~-~ri~'X;~;6~~ :~:~:;-~\/~:P~o'1\tTi-::~: ~_::: :,:~:';;. r;}\m.:::i-~E' 2:"'-;(;/~T CI~.,~~I~;t6;~.;'~ :i, .... .... C~~U!y,~MOO1i1 ~ " '. -~ .'- .-' . ......-, APP}QVed ..as t.of~rm and lE!'ij":~lc9nt$nt: "'-,..:.'............ ' , /~ . . 1-, . .,,- .'; .''.7 ... /'. / '" By I, ,;/ / ( ~ C9anty Counsel the parties hereto have caused this their respective officials thereunto CITY OF SAN BERNARDINO BY~/~-I~ Maydr ATTEST: ~y~ Approved as to form and legal content: James F. Penman City Attorney - 4 .. 97-18 INDEMNIFICATION AND INSURANCE Indemnification - The CITY and its Contractor agree to indemnify, defend and hold harmless th", COUNTY and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the COUNTY on account of any claim therefore, except where such indemnifica- tion is prohibited by law. Insurance Without in anyway affecting the indemnity herein provided, and in addition thereto, the CITY and its Contractor shall secure and maintain throughout the contract the following types of insurance with limits as shown: Workers' Compensation A program of Workers' Compensation insurance or a state-approved Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of the CITY and its Contractor and all risks to such persons under this Agreement. Comprehensive General and Automobile Liability Insurance - This coverage to include contractual coverage and automobile liability coverage for owned, hired and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than one million dollars ($l,OOO,OOOl. Additional Named Insured - All pOlicies, except for the Workers' Compensation, Errors and Omissions and Professional Liability policies, shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insureds with respect to liabilities arising out of the performance of services hereunder. Waiver of Subroqation Riqhts CITY and its Contractor shall require the carriers of the above required coverages to waive all rights of subrogation against the COUNTY, its officers, employees, agents, volunteers, contractors and subcontractors. Policies Primary and Non-Contributory All policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the County. Proof of Coveraqe CITY and its Contractor shall immediately furnish certificates of insurance to the County Department admin- istering the contract, evidencing the insurance coverage, including endorsements, above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and EXHIBIT nBn 97-18 Indemnification and Insurance (Continued) CITY and its Contractor shall maintain such insurance from the time CITY and its Contractor cornrnences perfornance of services hereunder until the completion of such services. Wi thin Sixty (60l days of the commencement of this Agreement, the CITY and its Contractor shall furnish certified copies of the policies and all endorsements. Insurance Review - The above insurance requirements are subject to periodic review by the COUNTY. The COUNTY I S Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the COUNTY. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements, to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the COUNTY, inflation, or any other item reasonably related to the COUNTY'S risk. Any such reduction or waiver for the entire term of the Agreement and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement. CITY and its Contractor agree to execute any such amendment within thirty (30l days of receipt.