The URL can be used to link to this page

Home My WebLink About1995-384 1 RESOLUTION NO. 95-38.4 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CO-OPERATIVE AGREEHENT IHTH THE COUNTY OF SAN 3 BERNARDINO RELATING TO THE REHABILITATION OF PAVElIENT ON LYNHOOD DRIVE. 4 5 6 7 8 9 BE IT RESOLVED BY THE HAYOR AND COJl'l]\jON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized 2.nd directed to executR, on behalf of said City, a Co-operative Agreement with the County of San Bernardino relating to the Rehabilitation of Pavenent on Lynwood Drive, from 10 Del Rosa Avenue to Victoria Avenue. A copy of said agreement is 11 C1.ttached hRreto, marked Exhibit "A" and incorDorateo herein by 12 reference as fully as though set forth at length. 13 SECTION 2. The agreement shall not take effect until 14 fully signed and executed by both parties. "'he City shall not be 15 obligated hereunder unless and until the agreement is fully 16 executed and no oral agreement relating thereto shall be inplied 17 or authorized. 18 SECTION 3. This resolution is rescinded if the parties 19 to the agreement fail to execute it within ninety (90) days of 20 the passage of this resolution. 21 / / / / 22 / / / / 23 / / / / 24 / / / / 25 / / / / 26 / / / / 27 / / / / 28 / / / / 10-17-95 9 OBERHELHAN 10 DEVLIN 11 POPE-LUDLAH ,-." ~ ( / RESO:' AUTHORIZING EXECUTION OF AGREEMENT \';I'i'H COUNTY OF SAil BERNARDINO --REHABILITATION OF PAVEMENT ON L'.'NHOOD DRIVE. 1 2 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Connon Council of the City of San Bernardino at a regular neeting thereof, held on the 46th day of November , 1995, by the following vote, to..wit: 5 6 7 8 Council Henbers: NAYS ABS'i'AIl! ABSENT AYES NEGRE'i'E x CURLIN x HERNANDEZ x x x x 12 IULLER x 13 14 15 16 17 18 19 20 21 22 The foregoing resolution is ~k,~rk hereby approved this _2!!..__ day of , 1995. November ---~ ~ _1!-r::TYl...~. . ,__ Torn Mlnor, riayor Ci ty of So.n Bernardino Approved as to form and legal content: James F. Pennan City Attorney By n~ 25 II 23 24 26 ' 27 28 1~ - 2 - Res 95-384 CO-OPERATIVE AGREEMENT & J.. b'HIS AGREEMENT is made and entered into this ;},~ f!J day of , elntM if ,1995, by and between the County of San Bernardino, a municipal corporation, hereinafter referred to as "COUNTY," and the City of San Bernardino, a municipal corporation, hereinafter referred to as "CITY," relative to the rehabilitation of Lynwood Drive, from Del Rosa Avenue to Victoria Avenue. WITNESSETH: WHEREAS, the pavement on Lynwood Drive, between Del Rosa Avenue and Victoria Avenue, is severely distressed; and WHEREAS, both COUNTY and CITY desire to cooperate and jointly participate in a project to rehabilitate the pavement on this section of Lynwood Drive, hereinafter referred to as "PROJECT"; and WHEREAS, COUNTY and CITY, and PROJECT is under the joint jurisdiction of and will be of mutual benefit to both parties; WHEREAS, COUNTY 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 shall: a. Act as the Lead Agency for the project to rehabilitate the pavement on Lynwood Drive. b. Proceed to prepare the necessary plans, specifi- cations and estimates for construction of the rehabilitation of pavement within PROJECT limits, including curb returns of the Southeast and Northeast corners of Sterling Avenue. c. Coordinate development of the plans with COUNTY and secure any required permits. d. Obtain COUNTY'S approval of cations and estimate prior bids. the plans, specifi- to advertising for e. Obtain approval provisions of Quality Act. for PROJECT the California pursuant to Environmental CO-OPERATIVE AGREEMENT: Rehabilitation of Lynwood Drive, from Del Rosa Avenue to Victoria Avenue 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 $400,000.00. h. Submit a bill to COUNTY for one-half (1/2) of the total project cost, within thirty (30) days after completion and acceptance of the work by the contractor. 2. COUNTY shall: a. Assist in the identification of utility facili- ties within the project unincorporated area and relocation of those in conflict with the improvement. b. Reimburse CITY within 30 days of receipt of a bill for one-fourth (1/4) of the total project cost. Reimburse CITY for the remaining one- fourth (1/4) of billed costs no later than September 30, 1996. c. Approve the rehabilitation strategy prepared by the City. If an agreeable strategy could not be found, the County will not pay more than the cost of the strategy it proposed. d. 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 itens. The County's share of the project cost (design, construction and construction engineering) is not to exceed $200,000.00, plus ten (10) percent or $220,000.00. 3. IT IS FURTHER AGREED THAT: a. The CITY agrees to indemnify, and hold harmless the COUNTY and their authorized agents, officers, volunteers and employees against any and all claims or actions arising from CITY's negligent acts or omissions and for any costs or expenses incurred by the COUNTY on account of any claim thereof. - 2 - , , ,,/ ,," " ;'d I. CO-OPERATIVE AGREEMENT: Rehabilitation of Lynwood Drive, from Del Rosa Avenue to Victoria Avenue b. The COUNTY agrees to indemnify, and hold harmless the CITY and their authorized agents, officers, volunteers and employees against any and all claims or actions arising from COUNTY's negligent acts or omissions and for any costs or expenses incurred by the CITY on account of any claim thereof. c. After opening of bids, estimate of cost will be revised based on actual bid prices. d. 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. e. 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. f. 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. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / - 3 - " ,,' CO-OPERATIVE AGREEMENT: Rehabilitation of Lynwood Drive, from Del Rosa Avenue to Victoria Avenue IN WITNESS WHEREOF, agreement to be executed by duly authorized. COUNTY OF SAN BERNARDINO By ~ cc...~ ~~t.J J'<: <-~ Chairman 1s- 8J"7 Board of Supervisors SEP 2 6 1995 Clerk of the Board Approved as to form and legal content: .' \;) ~/ By C/(~;N~/> COUll Y Counsel B'G~im f}'D C,RTi"',D THAT ^ COpy OF THIS rf~i-:U~,''![j'r:' HAS :~~;'::\1 Da,!VEBED TO TIlE CHAiR. ['.\ii.:'i ~;:.: 'd-j~ f;CIH~:, [;\?i:_~;;'::: ~:;pnD,'),T 8y !"..,....., ;,.< ,;, -c, "':" ,;.-' f'! ~"'>1')n,"" ,,~ iJ!/;it'Sli'~iiJiJ~ Deputy ~o;7~\:~~:'~\>,\, iff;',. ^'C'~>"""<'<'<.\;< \'\ _~\' ,;fiY ',<..,cv~/ -:('" ",i!,'tt , __\ /..,,-.......'._;'c.fi-:;:'.,~,.-~,':.;; t;.... 't} l'~ ht \ r::":S':::-<:;:;._:;-;:" ; \, ~~1 '0, ~(l) hI "r"..'..,.,'.."';......<..'.',..; ,;<;; , '-,..., ~j .,'t,:>-.~.~~~',~~".: ,) j 1'3 ~2 r:' \~ \J-~.:'" ',.,: ";;"" ;' l~ U ):, ~ 'it, 'iI "" ,.tl"f I;"' oJ .<~~:;l~ :::~:'~::;~~:~.i'.,..:'.:' "'>, \-~;~S!l .'. '.. ...,.'., ,< q \i~~,.,,:. -'," t< 'r~-__-' ,. '.j) >; ~'c"'u'" .9' '(, . ..,,' ~!>Ss;~.v the parties hereto have caused this their respective officials thereunto CITY OF SAN BERNARDINO BY~~~ M 0 ATTEST: ~'l ~~ City Clerk Approved as to form and legal content: James F. Penman City Attorney - 4 - )..{