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Home My WebLink About1995-115 1 RESOLUTION NO. 95-115 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A STANDARD CONTRACT WITH THE SAN BERNARDINO COUNTY 3 FLOOD CONTROL DISTRICT RELATING TO CONSTRUCTION OF A BOX CULVERT AND LOCAL STREET IMPROVEMENTS ON FOOTHILL DRIVE AT LITTLE SAND 4 CREEK. 5 6 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 7 hereby authorized and directed to execute, on behalf of said 8 City, a Standard Contract with the San Bernardino County Flood 9 Control District relating to construction of a Box Culvert and 10 Local Street Improvements on Foothill Drive at Little Sand Creek, 11 a copy of which agreement is attached hereto, marked Exhibit "Au 12 and incorporated herein by reference as fully as though set forth 13 at length. 14 SECTION 2. The agreement shall not take effect until 15 fully signed and executed by both parties. 16 17 The City shall not be obligated hereunder unless and until the agreement is fully executed and no oral agreement relating thereto shall be implied 18 or authorized. 19 20 SECTION 3. The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement 21 fail to execute 22 resolution. 23 / / / / 24 / / / / 25 / / / / 26 / / / / 27 / / / / 28 3-21-95 it within ninety (90) days of the passage of this &K_I//.j ~. .-.. -- RESO: . EXECUTING STANDARD CONTRACT WITH FLOOP CONTROL DISTRICT - BOX CULVERT ON FOOTHILL DRIVE 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by 3 Bernardino the Mayor and Common Council of the Ci ty of San at a regular meeting thereof, held on the 4 17th day of April 5 Council ~iembers : 6 NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN 10 DEVLIN 11 POPE-LUDLAM 12 MILLER 13 14 15 , 1995, by the following vote, to-wit: AYES NAYS ABSTAIN ABSENT x x x x x x x (].u.)u..f.. ~ Ra&hel Clark, City Clerk 16 day of April , 1995. 17 18 19 Approved as to form 20 and legal content: 21 James F. Penman City Attorney 22 BY~~ 23 ./ 24 25 26 27 28 - 2 - The foregoing resolution is hereby approved this 19th ~~JA /~-n1 / J/tftdr,-. . Tom Minor, Mayor City of San Bernardino 95-,/15 E New M Change X Cancel County Department FOR COUNTY USE ONL Y Vendor Code Dept. Contract Number SC A 90"-3/~ ",.~ Dept. Orgn. Contractor's License 0, Trans rtation Flood Control Flood Control District Contract Representative , Ph. Ext. Amount of Contract SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FAS STANDARD CONTRACT 387-2571 $152 400.00 Obj/Rev Source Activity GRC/PROJ/JOB Number 2445 llF01050 Estimated Payment Total by Fiscal Year Amount liD FY Amount 110 Project Name Little Sand Creek at Foothill Drive and THIS CONTRACT is entered into in the State of California by and between the San Bernardino County Flood Control DistrjRt, hereinafter called the District, and . Name r:i f'y nf Srln RPrnarciinn Address hereinafter called CIlY inn Nnrth "0" Strp.:f>:t S~n RPrn~rrlin() loA gZ41R Phone Birth Date IQOQ) ,R4-S111 Federal1D No. or Social Security No. _ Attn- Rngpr r. Hrlrngr::lvp. Pllhl Ie Works/Engineering 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 San Bernardino County Flood Control District (DISTRICT) in cooperation with the U.S. Department of Agriculture Soil Conservation Services (SCS) desires to construct improvements on DISTRICT's Lemon Basin located in the San Bernardino area, hereinafter referred to as the PROJECT; and WHEREAS, the PROJECT is located easterly of Sterling Avenue and is bounded on the north by Foothill Drive and on the south by Marshall Boulevard; and WHEREAS, the proposed PROJECT consists of ultimate improvements to the basin inlet and outlet works including basin enhancements, all of which are designed to help significantly reduce the existing threat of severe erosion and flooding that may occur during major storms; and, WHEREAS, the DISTRICT and SCS entered into a Cooperative Agreement, No. 94- 1031, on September 27,1994, to participate in the said PROJECT; and, WHEREAS, subsequently thereafter, the DISTRICT requested the City of San Bernardino (CITY) participation, as well, in this jointly sponsored PROJECT, such that ultimate drainage improvements at Foothill Drive could be constructed along with the PROJECT; and 1 5 417-//5 WHEREAS, the CITY agreed to the DISTRICf request for participation which would allow the parties to replace the existing at-grade dip crossing with box culverts and local street improvements that would result in an improved public safety at Foothill Drive crossing of the LitUe Sand Creek; and, WHEREAS, such extension under the CITY participation will hereinafter be referred to as the IMPROVEMENTS, the limits of which are defined as those drainage and local street improvements that will be constructed along with the PROJECf, northerly of the existing southerly street right-of-way limit of Foothill Drive; and, WHEREAS, the DISTRICf roughly estimates the construction cost of IMPROVEMENTS to be $152,400; and, NOW, THEREFORE, it is understood and mutually agreed as follows: SECfION I DISTRICf AGREES: 1. To extend the originally planned limits for construction on Lemon Basin to include IMPROVEMENTS with the DISTRICf PROJECf. 2. To provide the engineering, surveys and construction contract administration services for IMPROVEMENTS at no cost to the CITY or the SCS. 3. To include the construction of IMPROVEMENTS into the construction contract for the PROJECf. 4. To construct IMPROVEMENTS in accordance with the CITY approved contract package pertaining to IMPROVEMENTS. - 5. To submit to the CITY, for review and concurrence, the contract package pertaining to IMPROVEMENTS. 6. As DISTRICf's share towards the cost of IMPROVEMENTS: a) Bear all costs associated with the engineering, surveys and construction contract administration services pertaining to the IMPROVEMENTS; and b) Bear one half of the construction cost of IMPROVEMENTS. 7. Upon completion of IMPROVEMENTS, and all work incidental thereto, will furnish the CITY for reimbursement a detailed and final statement of the CITY's share of IMPROVEMENTS cosl 2 a.:r: ~/15 8. To retain or cause to be retained for audit by the CITY or other government auditors for a period of three (3) years from the date of final payment, all records and accounts relating to construction of IMPROVEMENTS. SECfION II CITY AGREES: 1. As CITY's share towards the cost of IMPROVEMENT'S, pay to the DISTRICf, one half of the actual construction cost pertaining to the IMPROVEMENTS, and one half of all work incidental thereto. 2. Reimburse the DISTRICf within thirty (30) days after receipt of the detailed and final statement of the costs to be borne by the CITY, as set forth in Section I, Item 7 of this agreement 3. Prior to the PROJECf advertisement, review for concurrence the contract package pertaining to the IMPROVEMENTS. 4. Review for concurrence and pay for one half of the actual construction cost associated with any change orders needed in connection with the construction of IMPROVEMENTS. 5. To provide at no cost to the DISTRICf, a qualified CITY representative who shall: a) have the authority to discuss and resolve with the DISTRICf representative issues concerning the construction of IMPROVEMENTS. 6. That in absence of CITY prior rights, pay for relocation, protection or removal of any existing public and/ or private utilities, including, but not limited to, water meters, air blow-off valves, fencing, etc., located within the CITY's right-of-way that conflicts with the construction of IMPROVEMENTS. SECfION III IT IS MUTUALLY AGREED: 1. Construction of IMPROVEMENTS shall not commence until plans, specifications and cost estimates for IMPROVEMENTS are reviewed by the CITY and until necessary permits or approvals are obtained from the CITY 3 /;/~. "l.ll':' "~ ~ ~ . 2. The CITY will furnish any required permit(s) to the DISTRICT or its contractor at no cosl 3. In the construction of said IMPROVEMENTS, the representatives of the DISTRICT and CITY will cooperate and consult with each other such that construction of IMPROVEMENTS could be accomplished to the satisfaction of the DISTRICT, CITY and SCS representatives. 4. If existing public and/ or private utilities conflict with the construction of IMPROVEMENTS within the CITY's right-of-way, the DISTRICT will coordinate necessary arrangements with the owners of such utilities for their protection, relocation or removal. The DISTRICT, in conjunction with the CITY and owners, will inspect the relocation or removal of such facilities. If there are costs of such relocation or removal, the CITY shall pay the said cost where evidence indicates the CITY and/ or the DISTRICT do not have the prior rights. If any protection, relocation or removal of utilities are required, such work shall be performed in accordance with the PROJECT's special provisions. 5, The CITY agrees to indemnify and hold harmless the DISTRICT and their authorized agents, officers, consultants, volunteers and employees against any and all claims or actions arising from CITY's acts, errors or omissions and for any costs or expenses incurred by the DISTRICT on account of any claim therefor. 6. The DISTRICT agrees to indemnify and hold harmless the CITY and their authorized agents, officers, consultants, volunteers and employees against any and all claims or actions arising from DISTRICT's acts, errors or omissions and for any costs or expenses incurred by the CITY on account of any claim therefor. 7. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 8. This Agreement shall terminate upon completion of:' a) construction of the PROJECT and IMPROVEMENTS, b) final cost accounting by the DISTRICT for IMPROVEMENTS, and c) reimbursement of monies by the CITY to the DISTRICT for the CITY's share towards IMPROVEMENTS. IN WITNESS WHEREOF, this Agreement, consisting of five pages has been fully executed on behalf of CITY by its duly authorized officers, and DISTRICT has caused the same to be duly executed in its name and in its behalf by its duly authorized representatives, effective as of the date hereinunder written. 4 %'.IIS' . THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both parties. ','" ,;" '~ '. .," 'jl [~F;:"[r:'C :::,~Ti:1.", T Ci;'",: lG:~<::"~;i:,.-:."}~!)_f,,, .,_ . .': ~ "l ~ta~'_~~~ Deouty By SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT ~ Chairman, Board of Supervisors ~c~. ~ Dated ------- ATT MAY 9 1325 (State if corporation, company, etc,) By ~/D:Zt:-M'-~ (/ / (AII/~ori=ed Signa/ure) Dated [( 1'7. q S- f ~ Secretary of the Flood Control District Title !\- 300 Address San Mayor North "D" Street Bernardino, CA 92418 I Reviewed for Processing I ~iL(J;Hl Agency Administrator/CAQ Approved as to Legal Form /~ " ~u(y c{u~(.,(,7" Dote _1')7 '7 <; -- O<llc Date 02-12459-697 Rev. 1191 Page .----L of __2_