Loading...
HomeMy WebLinkAbout1992-033 r " , 4 . 1 2 3 4 5 6 7 RESOLUTION NO. 92 33 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT AND CITY OF HIGHLAND RELATING TO UPDATE OF COMPREHENSIVE STORM DRAIN MASTER PLAN NO.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 hereby authorized and directed to execute, on behalf of said 8 City, an agreement with San Bernardino County Flood Control 9 District and City of Highland relating to an update of 10 Comprehensive Storm Drain Master Plan No.6, a copy of which 11 agreement is attached hereto, marked Exhibit "A" and incorporated 12 herein by reference as fully as though set forth at length. 13 The agreement shall not take effect until SECTION 2. 14 fully signed and executed by all parties. The City of San 15 Bernardino shall not be obligated hereunder unless and until the 16 agreement is fully executed and no oral agreement relating 17 thereto shall be implied or authorized. 18 19 20 21 22 23 24 This resolution is rescinded if the parties SECTION 3. 25 to the agreement fail to execute it within sixty (60) days of the passage of this resolution. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 26 27 28 1-09-92 RESO: AUTHORIZING EXECUTION OF AGREEMENT WITH SAN BERNARDINO " " COUNTY "FLOOD CONTROL DISTRICT AND CITY OF HIGHLAND RELATING TO UPDATE OF CSDP #6. 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 regular meeting thereof, held on the 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3rd day of February , 1992, by the following vote, to-wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x REILLY x HERNANDEZ x MAUDSLEY x MINOR x POPE-LUDLAM x MILLER x ~~s~ The foregoing resolution is hereby approved this .6th February , 1992. day of , Mayor Bernardino Approved as to form and legal content: James F. Penman City Attorney - 2 - '~ E New M Change X Cancel County Department FOR COUNTY USE ONL Y Vendor Code Dept. Contract Number " SC A 702-02/7 Dept. Orgn. Contractor's License No. SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FAS STANDARD CONTRACT TRANSPORTATION FlOOD CONTROL Flood Control District Contract Representative LAIRD Blj2nization Ph. Ext. 2799 Gf9IP~8f22~ Number 9145 19 F01221 Estimated Payment Total by Fiscal Year Amount 110 FY Amount liD Obj/Rev Source FY Project Name Comprehensive Stonn Drain Pi 6 THIS CONTRACT is entered into in the State of California by and between the San Bernardino County Flood Control District, hereinafter called the District, and Name City of Highland/City of San Bernardino Add,,,, 26985 Base Line, Highland, CA 92346 300 North "D" Street SFln Rernardino CA 92418 hereinafter called Citv of Hiqhland Ci ty of San Bernardino (714) Rh4-R717 PhonEl (714) 184-51 Jl Birth Date f\oD, q :;1.-],3 ~w 2-}. -~';.t 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, determmation of satisfactory performance and cause for termmation, other terms and conditions, and attach plans, specifications, and addenda, if any.) WIT N E SSE T H WHEREAS, in 1979 the firm of CM Engineering Associates completed a report entitled "Comprehensive Storm Drain Plan #6": and WHEREAS, the San Bernardino County Flood Control District (hereafter called DISTRICT) and the cities of Highland and San Bernardino (hereafter called CITIES) have accepted as a guideline for storm drain alignments the Comprehensive Storm Drain Plan #6 (hereafter called CSDP #6): and WHEREAS, hydrologic methodology has recently been adopted by the DISTRICT (1986) which would yield differing theoretical runoff amounts: and WHEREAS, DISTRICT flood control facilities were not included in the 1979 CSDP #6 study: and WHEREAS, recent land development and the proposed construction of State Route 30 have, or will, alter drainage patterns recommended 02-12459.697 R..... 1191 Page 1 of 4 in CSDP #6 and may contribute additional runoff; and WHEREAS, the DISTRICT desires, and the Zones 2 and 3 Advisory Committees recommend, that CSDP #6 be updated to (1) reflect changed drainage patterns, (2) include DISTRICT facilities, and (3) be in accordance with the most recent hydrologic methodology; and WHEREAS, the DISTRICT is in the process of engaging the consultant engineering firm of Williamson and Schmid (hereafter called CONSULTANT) to update CSDP #6; and WHEREAS, the update of CSDP #6 will be beneficial to use as a guideline for future flood control facility improvements, and for planning and coordinating DISTRICT, CITY and future development activities; and WHEREAS, the CITIES are willing to cooperate with the DISTRICT in funding the update of CSDP #6: NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. The city of Highland shall participate in the amount of $10,000 for the update of CSDP #6. II. The city of San Bernardino shall participate in the amount of $3,500 for the update of CSDP #6. III. The DISTRICT shall contribute the remainder of funds necessary for the update of CSDP #6. IV. CITIES SHALL: A. Deposit with the DISTRICT the CITIES' portion of funds for the study upon execution of the contract between the County Board of Supervisors and the CONSULTANT. B. Review and approve the contract for the update of CSDP #6 prior to the DISTRICT executing the contract. C. Provide the DISTRICT with up-to-date information, as available, which may aid in plan development. D. Attend meetings, as requested (but not more than once a month), to represent the CITIES' interests as planning issues arise. E. Indemnify and hold harmless the DISTRICT, COUNTY and their authorized agents, officers, volunteers and 2 of 4 I , employees against any and all claims or actions arising from the CITY's acts or omissions in performing services pursuant to this contract and for any costs or expenses incurred by the COUNTY or DISTRICT on account of any claim therefore. V. DISTRICT SHALL: A. with approval of the CITIES, enter into a contract with the CONSULTANT to update CSDP #6 and prepare a preliminary design of improvements to the Upper Warm and Sand Creeks confluence to convey increased flows caused by the State Route 30 construction. B. supervise development of the update of CSDP #6 and design of the Upper Warm and Sand Creeks confluence. C. Indemni fy and hold harmless the CITIES, COUNTY and their authorized agents, officers, volunteers and employees against any and all claims or actions arising from the DISTRICT's acts or omissions in performing services pursuant to this contract and for any costs or expenses incurred by the COUNTY or CITY on account of any claim therefore. VI. IT IS FURTHER UNDERSTOOD AND MUTUALLY AGREED: A. This agreement shall become effective upon execution by the San Bernardino County Board of Supervisors and shall terminate 90 days from date of execution if no action for consultant services has begun. 3 of 4 . ,. AGREEMENT: UPDATE OF COMPREHENSIVE STORM DRAIN PLAN NO. 6 THIS AGREEMENT shall inure to the benefit of, and be binding upon, the successors and assigns of all parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officials thereunto duly authorized. James F. Penman City Attorney . ~ ~ 1 0 ~ /.1 '-~~ f /: " " :1 , . /( ~!~~-J; \~ :/ " ...-;::Y' ~"~:':;:':-::.."".-::..--~ Approved as to form and legal content: -J ,? ,/""'-<"T.I~ CITY OF SAN 7( St;at7:iJ co . 7 BY /', / / / .-------- test: Q~~ Cit'Y" Clerk ized Signature) DATED FEB 1 0 1991 TITLE Mavor 300 N. "D" Street ADDRESS Bernardino, CA. 92418 OF HIGHL,P,ND tate it co/poration, GomparW, etc.) SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT .. Cha; Dated MAR 2 3 1992 By .. (AuI/lOr/zed Signo/ure) (j.Q - ~.s.- Cj :J Dated __ ATTESTED: .. Secretary of the Flood Control District Title Havor 26985 East Base Line Hiqhla~~ CA. 92346 Address Aoprov€d as to :"'ega! FO!';;, 1"" (If.ud. // / (' c;-;~:~d?~; ';~~ ~"e__-1i.:: 7. 7 ~'1/ Revie..ved for Processing ... ".1~ A?8 :-)cy-;=-~:-;;-i-n:,,!~ alor :CA 0 Date ~_..., - f..2...... .q 8- ;7-: i<,4~~-I5S'; RF, "'~i h;:;o: ___4____ of ~L__