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1 RESOLUTION NO. 95-5
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A CO-OPERATIVE AGREEMENT WITH THE COUNTY OF SAN
3 BERNARDINO RELATING TO THE REHABILITATION OF PAVEMENT ON STERLING
AVENUE, FROM STATE ROUTE 30 TO LYNWOOD DRIVE; AND THE
4 INSTALLATION OF TRAFFIC SIGNALS AT STERLING AVENUE AND DATE
STREET.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino is
8 hereby authorized and directed to execute, on behalf of said
9 City, a Co-operative Agreement with the County of San Bernardino
10 for the rehabilitation of pavement on Sterling Avenue, from State
11 Route 30 to Lynwood Drive; and the installation of traffic
12 signals at Sterling Avenue and Date Strep-t. A copy of of said
13 Agreement is attached hereto, marked Exhibit "A" and incorporated
14 herein by reference as fully as though set forth at length.
15
SECTION 2.
This agrep-ment,
and any amendment or
16 modifications theret.o, shall not take effp-ct until fully signed
17 and executed by all parties. The City shall not be obligated
18 hereunder unless and until the agreement is fully executed and no
19 oral agreement relating thereto shall be implied or authorized.
20
SECTION 3.
The authorization to execute the above-
21 referenced agreement is rescinded if the parties to the agreement
22 fail to execute it within ninety (90) days of the passage of this
23 resolution.
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12-12-94
RESO: ~ AUTHORIZING EXECUTION OF CO"'-OPERATIVE AGREEMENT RELATING
.TO PAVEMENT REHABILITATION OF STERLING AVENUE..
95-5
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
4 9th _day of January
5 Council Members:
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 DEVLIN
11 POPE-LUDLAM
12 MILLER
13
14
regular
meeting thereof, held on the
, 1995, by the following vote, to-wit:
ABSTAIN
ABSENT
AYES
NAYS
x
x
x
x
x
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x
x
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~~rk~erk
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The foregoing resolution is hereby approved this 11th
January
, 1995.
day of
_---:-/~/ ) i -
. ,77Z (/f~#^-
~ om Minor, .. Mayor
Ci ty of San Bernardino
Approved as to form
and legal content:
James F. Penr:\an
City Attorney
f
By l
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95-5
FOR COUNTY USE ONi Y
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E New Vendor Code Dept. Contract Number
M Change SC A 9s: IS)..
X Cancel TRA
County Department Dept. Orgn. Contractor's License No.
TRANSPORTATION TRA TRA
County Department Contract Representative Ph. Ext. ~IJA~N~~~i~K~~~ntract
THEODORE M. GOLONDZINIER 2724
Fund I Dept. I Organization I Appr. I Obj/Rev Source Activity I GRC/PAOJ/JOB Number
SWW TRA TRA 17T00219
Commodity Code Estimated Payment Total by Fiscal Year
FY Amount 110 FY Amount 110
Project Name
STERLI N,G AVE FRM SH30 - - - -
LYNWOOD DR & STERLING - - - -
AVE AT DATE ST - - - -
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
300 NORTH D STREET
SAN BERNARDINO, CA 92418
Phone
Birth Date
383-5111
Federal 10 No. or Social Security No.
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for 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 roJNI'Y OF SAN BERNARDINO (hereinafter referred to as roJNI'Y) and the
CITY OF SAN BERNARDINO (hereinafter referred to as CITY); and
WHEREAS, roJNI'Y and CITY desire to cooperate and jointly participate in a project
to rehabilitate Sterling Avenue from SH 30 to ~ Drive and install a traffic signal
at sterling Avenue and [ate street (hereinafter referred to as the ffiQJECT); and
WHEREAS, PROJECT is partially (approximately 56.25%) in the unincorporated area
of the roJNI'Y and partially (approximately 43.75%) within the incorporated area of the
CITY and will be of mutual benefit to the roJNI'Y and CITY; and
WHEREAS, it is anticipated that the furxii.nJ for the =nstruction phase of the
PROJECT will be from roJNI'Y Measure I funis and CITY local funis; and
WHEREAS, roJNI'Y and CITY desire to set forth responsibilities and obligations of
each as pertains to such participation and to the design, =nstruction, and furrling of
the proposed inprovements.
NCM, 'IHEREFORE, IT IS MUIUALLY AGREED as follows:
1.0 roJNI'Y AGREES 'TO:
1.1 Act as the Lead Agency in the design and =nstruction of the PROJECT.
1. 2 Provide plans and specifications and all necessary =nstruction engineering
for the PROJECT.
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1. 3 Construct the PR:lJECT J:ly contract in a=rclance with the plans and
specifications of CXXJNI'Y and Caltrans Design Manual, 10 year life, to the
satisfaction of and subject to concurrence of the CITY.
1.4 Arran;}e for relocation of all utilities which interfere with construction
of the PR:lJECT within the unincorporated area.
1. 5 Obtain a no-cost permit from CITY for work within the CITY I s right-of-way.
1.6 Advertise, award, administer, and fund the construction of the PROJEcr.
1. 7 Require its contractors to maintain Workman's Calpensation Insurance on all
enployees and a Public and Property r:amage Liability Insurance Policy of
not less than $1,000,000 combined single limits liability coverage for bodily
injury aOO/or property damage which shall narre 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 Accept responsibility for its proportionate share of the cost of construction
of the PROJEcr, based on the CXXJNI'Y' s determination of the actual cost of
the work in the unincorporated area plus design, construction engineering,
and overhead. Where feasible the proportionate share shall be based on actual
quantities of unit price items. CXXJNI'Y's estimate share of design,
construction and construction engineering cost is $225,000 to be funded from
the CXXJNI'Y's Measure I furrls.
1.10 submit to CITY and itemized a=unting of the project cost and a statement
for CITY's share of the cost as provided herein. .
1.11 submit for obtaining SB 300 furrls and, if approved, credit the CITY with
its fair share based on the percentage alocated by Caltrans.
1.12 After acceptance of the construction contract, maintain those portions of
PROJEcr within the unincorporated area of the CXXJNI'Y.
2.0 CITY AGREES 'ID:
2.1 ADaept responsibility for its proportionate share of the design, construction,
construction engineering, and overhead of the PR:lJECT based on the CXXJNI'Y I S
detennination of the actual costs in the incorporated area of the CITY.
Where feasible the proportionate share shall be based on actual quantities
of unit price items. CITY's estimated share of the design, construction
and construction engineering cost including overhead is $175,000.
2.2 Reimburse CXXJNI'Y within thirty (30) days after receipt of an itemized
statement as set forth in paragraph 1. 10 of this agreement setting forth
all cost of PROJECI' to be borne by the CITY.
2.3 After acceptance of the construction contract work, maintain those portions
of the PROJEcr within the incorporated area of the CITY.
2.4 Arrange for relocation of all utilities which interfere with construction
of the PROJEcr within the incorporated area.
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- 3 ; :; IT IS FUImiER AGREED 'THAT:
95-5
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3.1 '1he CITY agrees to in:lemni.fy, am hold haJ:ml.ess the CXXJNrl( am their
authorized agents, officc-rs, vplunteers am euployees against any am all
"'l..i_ or actioos aris~ fran the CI'lY's negligent acts or anissioos am
for any costs or eJCPE!llSeS i.nc:uITed by the CXlJNIY or the CI'lY a'l ..ooomrt: of
any claim therefore.
3.2 '1he CXlJNIY ag:t. to in:lemni.fy am hold haJ:ml.ess the CI'lY am their authorized
agents, officers, volunteers am euployees against any am all clailns or
actioos aris~ fran CXlJNIY's negligent acts or anissioos a'l aocamt of any
claim therefore.
3.3 After qleTIin:;J of bids, estiJDate of cost will be revised based a'l actual bid
prices .
3.4 After qleTIin:;J bids for the FRlJECI' am if bids in:licate a cost overnm of
no more than 25% of the estiJDate will ClOO.Ir, CXlJNIY may award the ccntract.
3.5 If, upc:n qleTIin:;J of bids, it is fami that a cost overrun e;vn-liIXJ 25% of
the estiJDate will ClOO.Ir, CXlJNIY am CI'lY shall en:!eavor to agree upc:n an
alteInative ccurse of actioo. If, aftr..r 30 days, an alternative ccurse of
actia'l is not agreed upc:n, this agL-=wo=nt shall be" -"'i to be tenninated
by DUtual =nsent.
3.6 'Ibis a.g.l.=llent may be caooelled upc:n thirty (30) days written notice of either
party, however, costs i.nc:uITed up to the effective date of caooellatia'l shall
be shared in the roamer provided heretofore.
3.7 'Ibis ag:t.ecu.ent shall tenninate upc:n OCIIpletia'l of the project an:i payment
of final bill~ by the CI'lY for its share of the project.
3.8 Signal maintenance am qleratia'l will be the subject of a separate &,j.l...........tt.
'IHIS ~ shall inure to the benefit of an be bin::1in3 upc:n the SJ~~ors
am assigns of both parties.
IN WI'INESS WHEREOF, the parties hereto have caused this ag:t...........tt to be executed
by their respective officials theramto duly authorized. ......................__,
JAMES F. Pm6IAN, CIty ~
COUNTY~N BERNARDINO ~ .
.. ~ ""/-'1...-" \.. ~ ~-- ~
Chairman, Board of Supervisors
CiTY OF A BERNARDINO
ISta _ .~: COm~Bny, etc.)
By ~'L./ (/~
/ (Authorized S;gnaturfJ)
Dated J 1/ J I <? S-
Dated---FEB 28 1995
SIGNED AND CERTIfJ~:~" COPY OF THIS
DOCUMENT HAS B~p!'t.I\I~{ " HE CHAIRMAN
OF THE BOARD. I./..~" -<>"I'~~~ <.';
Clerk of the Boab(i#ltp!)~'f~~ -~l~~'
Bernardino'Ul ' Ii \L,;: ! t :
By ,-'.
Title Mavor
Address 300 North "D" Street
San Bernardino, CA 92418
Reviewed for Processing
.
~
Agency Administrator/CAO
Date
Date
Date
02-12311..000 Rev. '1/90
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