HomeMy WebLinkAbout1997-104
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RESOLUTION NO.
97-104
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A CO-OPERATIVE AGREEMENT WITH THE COUNTY OF SAN
BERNARDINO RELATING TO THE IMPROVEMENT OF RAILROAD GRADE CROSSING
NO. 2-76-6, ON STATE COLLEGE PARKWAY AT CAJON BOULEVARD.
BE IT RESOLVED BY THE MAYOR 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 improve~ent of Railroad Grade Crossing No. 2--76.6
on State College Parkway at Cajon Boulevard.
A copy of said
11 Agreement is attached hereto, marked Exhibit "A" and incorporated
12 herein by reference as fully as though set forth at length.
13
This agree~ent,
and any amendment or
SECTION 2.
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 oral agreement relating thereto shall be implied or authorized.
18 SECTION 3. The authorization to execute the above-
19 referenced agreement is rescinded if the parties to the agree~ent
20 fail to execute it within ninety (90) days of the passage of this
21 resolution.
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3-25-97
, 97-104
~ESO" AUTHORI ZING EXECUTION OF CO-OPERATIVE AGREEMENT WITH THE
COUNTY OF SAN BERNARDINO - IMPROVEMENT OF RAILROAD GRADE
CROSSING NO. 2-76.6, STATE COLLEGE PARKWAY
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
4 21st day of April
meeting thereof, held on the
, 1997, by the following vote, to-wit:
5 Council Members:
AYES
6 NEGRETE
7 CURLIN
8 ARIAS
9 OBERHEL1'IAN
10 DEVLIN
11 ANDERSON
x
x
x
x
x
x
The foregoing resolution
April
, 1997.
19
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
22
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24
25
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27
28
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- 2 -
NAYS
ABSTAIN
ABSENT
x
~/LPL 'fl0Ah
, I J Rachel Clark, Ci 1& Clerk
feu y;a~/(e~ 'fJt';W-.,
i/s hereby approved this 2~ht
~~
, Tom Minor, Mayor
Ci ty of San Bernardino
" 97":'1.04
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~,'.':"'"~.i
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E New Vendor Code Dept. Contract Number
M Change SC A q1- 31q
X Cancel TRA
County Department Dept. Orgn. Contractor's License No.
TRANSPORTATION TRA TRA
County Department Contract Representative Ph. Ext / ~".."... COO""" 1
THEODORE M. GOLONDZINIER 4 ~ea geBcx--
272 0 nc m r nce
Fund I Dept. ! Organization, I Appr. I Obj/Rev Source ActiVity! GRCfPROJ/JOB Number
5AA TRA TRA' 14H12510
-" Commodity Code Estimated Payment Total by Fiscal Year I
FY Amount lID FY Amount I/O
Project Name
STATE COLLEGE PKWY - - - -
AT CAJON BLVD & AT&SF - - - -
RR XING NO. 2-76.6 - - - ---
FOR COUNTY USE aNt Y
.
County of San Bernardino
FAS
STANDARD CONTRACT
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called
the County, and
Name
CITY OF SAN BERNARDINO
Address
hereinafter called CITY
330 North D Street
San Bernardino, CA 92418
Phone Birth Date
Federal ID No. or Social Security No.
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond shf]ets. Set forth service to be rendered, amount to be paid, manner of payment, time fOf performance or completion,
determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.)
WITNESSETH
WHEREAS, the COUNTY OF SAN BERNARDINO (hereinafter referred to as COUNTY) and
the CITY OF SAN BERNARDINO (hereinafter referred to as CITY) desire to cooperate and jointly
participate in a project to improve the railroad crossing No, 2-76,6 on State College Parkway and to
install a temporary traffic signal at Cajon Boulevard and State College Parkway (hereinafter referred to
as PROJECT); and
WHEREAS, the current crossing is a two-lane road and the CITY has requested that the
crossing be upgraded to a three-lane road and a temporary signal be installed at Cajon Boulevard and
State College Parkway; and
WHEREAS, the COUNTY's matching funds will be 58% ofthe total estimated costs and the
CITY's matching funds will be 42% of the total estimated costs as mutually agreed; and
WHEREAS, it is anticipated that the funding for the construction phase of the PROJECT will
be from COUNTY Road funds and CITY local funds; and
WHEREAS, COUNTY and CITY desire to set forth responsibilities and obligations of each as
pertains to such participation and to the design, construction, and funding of the proposed project
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
EIHtl3iT "A"
Page
3
of_~
02.12311-000 Re..... 11/91
97":-'!'!6. COUNTY AGREES TO:
1.1 Act as the Lead Agency in the design and construction ofthe PROJECT.
1.2 Provide plans and specifications and all necessary construction engineering for the
PROJECT.
1.3 Construct the PROJECT by contract in accordance with the plans and specifications of
COUNTY and Caltrans Design Manual, 10 year life, to the satisfaction of and subject to
concurrence ofthe CITY.
1.4 Arrange for relocation of all utilities which interfere with construction of the PROJECT
within the unincorporated area.
1.5 Obtain a no-cost permit from CITY for work within the City's right-of-way.
1.6 Advertise, award, administer, and fund the construction of the PROJECT.
1.7 Require its contractors to maintain Workmen's Compensation Insurance on all
employees and a Public and Property Damage Liability Insurance Policy of not less than
$1,000,000 combined single limits liability coverage for bodily injury and/or property
damage which shall name the CITY as an insured party.
1,8 Provide adequate inspection of all items of work performed under the construction
contract and maintain adequate records of inspection and materials testing for review by
CITY.
1.9 Pay for its proportionate share of the cost of construction of the PROJECT. The cost of
construction shall include the cost of constructing the PROJECT, including design,
construction engineering, and overhead costs. COUNTY's proportionate share of cost
of construction is estimated at $103,530. COUNTY shall pay such costs from County
Road Funds.
1.10 Submit to CITY an itemized accounting of the PROJECT cost and a statement for
CITY's actual share of the costs as provided herein.
1.11 After acceptance ofthe construction contract, maintain those portions of the PROJECT
within the unincorporated area of the COUNTY.
2.0 CITY AGREES TO:
2.1 Pay its proportionate share of the cost of construction of the PROJECT. The cost of
construction shall include the cost of constructing the PROJECT, including design,
construction engineering, and overhead costs. CITY's proportionate share of cost of
construction is estimated at $74,970.
2.2 Reimburse COUNTY within thirty (30) days after receipt of an itemized statement as
set forth in paragraph 1.10 ofthis Agreement setting forth all cost of PROJECT to be
borne by the CITY. Costs shall be amended following CITY and COUNTY acceptance
ofthe final construction cost accounting.
2.3 Arrange for relocation of all utilities which interfere with construction ofthe PROJECT
within the incorporated area.
2.4 Provide a no-cost permit to the COUNTY for its work in CITY right-of-way.
2.5 Provide temporary signal components, such as signal heads, poles, controllers, etc.,
from existing stock in addition to the amounts stipulated under 2.1
3.0 IT IS MUTUALLY AGREED:
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 Agreement.
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CITY agrees to indemnify, defend and hold harmless the COUNTY and its officers,
employees, agents and volunteers from any and all claims, actions, losses, damages
and/or liability arising out of its obligations under this Agreement.
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. I .
Furthermore, if the COUNTY or CITY attempts 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.
After opening of bids, estimate of cost will be revised based on actual bid prices.
If, upon opening of bids, it is found that the costs exceed 25% of the cost of
construction, COUNTY and CITY shall endeavor to agree upon an alternative course of
action. If, after 30 days, an alternative course of action is not mutually agreed upon in
writing, this Agreement shall be deemed to be terminated by mutual consent.
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, However, if the temporary signal is installed prior to
termination of this contract, it shall remain in place until a permanent signal is
constructed,
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 does not bind the COUNTY to replace the temporary signal if this
intersection is annexed by the CITY in the future.
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 officials thereunto duly authorized.
~
Chairm
Dated
By
APP/t as t ; "
~U~y &1:/ ~ ~,)
Date ~-E 0<17
02-12311-000 Rev. 11191
CITY OF SAN BERNARDINO
JUN Q~ 1997
(State if corporation. company, etc,)
______ rvJ // '
By ~ / r?Yt'( I{/(();~
Dated I ~/);7;rf S;gnature!
Title __ Mayor
Address 300 North "D" Street
____~an Bernardino, CA 92418
.-.
Reviewed a~ to ~ffirm~tive ~c~n _ .~
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Reviewed for Processing
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Agency Administrator/CAD
Date
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