HomeMy WebLinkAbout1992-115
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RESOLUTION NO. 92-115
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE CITY OF REDLANDS RELATING TO
THE INSTALLATION OF GUARDRAIL ON PALM AVENUE AT THE CITY CREEK
CHANNEL.
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, an Agreement with the City of Redlands, relating to the
installation of guardrail on Palm Avenue at the City Creek
Channel, a copy of said agreement is attached hereto, marked
Exhibit "A" and incorporated herein by reference as fully as
though set forth at length.
SECTION 2. This agreement and any amendment or modifica-
tions thereto shall not take effect or become operative until
fully signed and executed by both parties. The City shall not be
obligated hereunder unless and until the agreement is fully
executed and no oral agreement relating thereto shall be implied
or authorized.
SECTION 3.
This resolution is rescinded if the parties
to the agreement fail to execute it within sixty (60 ) days of the
passage of this resolution.
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3/09/92
RESO: AUTHORIZING EXECUTION OF AGREEMENT WITH CITY OF REDLANDS
RELATING TO INSTALLATION OF GUARDRAIL ON PALM.AVENUE..
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 6th day of April
5 Council Members:
6 ESTRADA
7 REILLY
8 HERNANDEZ
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
meeting thereof, held on the
regular
, 1992, by the following vote, to-wit:
ABSENT
ABSTAIN
NAYS
AYES
x
x
x
x
x
x
12 MILLER
x
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1 Krasney, City C rk
The foregoing resolution is hereby approved this
day of
April
, 1992.
.[
Approved as to form
and legal content:
James F. Penman
City Attorney
By L j-.
u
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It'~
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& City of S Bdno Res. 92-115 adopted 4/6/92
AGREEMENT FOR INSTALLATION OF GUARDRAIL
THIS AGREEMENT,
C\t'(\\ , 199r~
municipal corporat~on of
made and entered into this 1fA day of
by and between the City of Redlands, a
the state of California, hereinafter
referred to as "REDLANDS," and the City of San Bernardino, a
municipal corporation of the State of California, hereinafter
referred to as "SAN BERNARDINO."
WITNESSETH
WHEREAS,
the parties have
determined that the
installation of guardrails (the "Improvements") on the existing
street section along Alabama/Palm Avenue at city Creek South of
Third Street will promote vehicle safety. The exact location of
the Improvements is shown in Exhibit "A;" and
WHEREAS, San Bernardino and Redlands propose to utilize
Federal Hazard Elimination Funds (HES) to finance 90% of the costs
of the Improvements, and available local funds for the 10% local
agency share; and
WHEREAS, the west half of Alabama/Palm Avenue is within
the incorporated limits of San Bernardino, with the east half
located within the incorporated area of Redlands; and
WHEREAS, Redlands and San Bernardino desire to specify
herein the terms and conditions under which the Improvements will
be constructed, financed and maintained; and
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Res. 92-115
WHEREAS, construction of Improvements is proposed for the
1990-91 fiscal year, at a total preliminary estimated cost of
$200,000.00.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, it is mutually agreed as follows:
SECTION ONE: San Bernardino shall --
1. 01 Perform all necessary field surveys,
material investigations necessary for
Improvements.
1.02 Act as Lead Agency in securing Environmental Review
approval, preparing all required reports and agreements,
and obtaining all permits necessary to construct the
Improvements.
1.03 Prepare construction plans, specifications, estimations
of quantities and costs, and contract documents for the
Improvements.
1.04 Arrange for relocation or removal of all utilities which
are in conflict with the Improvements.
1.05 Submit plans, specifications, estimations, and an
application for encroachment permit to the County Flood
Control District for the Improvements and obtain approval
thereof prior to advertising for bids.
1.06 Provide adequate construction inspection of all items of
work performed under construction contract referenced
soil tests and
design of the
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Res. 92-115
hereinabove, and maintain records of inspections and
materials test for review by Redlands.
1. 07 Perform all required processing with Caltrans as required
to secure the Federal HES Funds.
1.08 Maintain a detailed record of any proposed changes to the
approved plans and specifications, and secure Redlands'
approval prior to authorizing any change estimated to add
more than $10,000 to the total cost of the Improvements.
1. 09 submit a set of "As-Built" plans to Redlands upon
completion of the Improvements.
1.10 Advertise, award, administer and fund a construction
contract for the Improvements in conformance with HES
funding requirements.
1.11 Accept responsibility for 50% of all local agency
matching costs of the Improvements, including preliminary
engineering, construction engineering, construction
contracts, applicable overhead charges, and any other
costs directly attributable to project.
1.12 Submit an accounting to Redlands of all costs charged to
the project, along with a statement for Redlands' share
of the cost. Redlands may require San Bernardino to
submit documentation substantiating the costs incurred,
and San Bernardino shall maintain and make available to
Redlands all such documentation for a period of three
years following substantial completion of the
Improvements.
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Res. 92-115
1.13 Upon completion of the Improvements, assume maintenance
of the Improvements constructed within the City of San
Bernardino.
1.14 Require its contractors and subcontractors to obtain
insurance of the types and in the amounts described
below:
A. Commercial General Liabilitv Insurance.
San Bernardino I s contractor and subcontractors
shall maintain occurrence version commercial
general liability insurance or equivalent form
with a combined single limit of not less than
$1,000,000 per occurrence. Such insurance
shall:
1. Name Redlands, its officials,
officers, employees, agents, and consultants,
as insureds with respect to performance of
work under this Agreement. Such insured
status shall contain no special limitations on
the scope of its protection to the above-
listed insureds.
2. Be primary with respect to any
insurance or self insurance programs covering
Redlands, its officials, officers, employees,
agents, and consultants.
3. contain standard separation of
insureds provisions.
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Res. 92-115
B. Business Automobile Liabilitv Insurance.
San Bernardino's contractor and subcontractors
shall maintain business automobile liability
insurance or equivalent form with a combined
single limit of not less than $1,000,000 per
occurrence. Such insurance shall include
coverage for owned, hired and non-owned
automobiles.
C. Workers I Compensation Insurance. San
Bernardino's contractor and subcontractors
shall maintain workers' compensation insurance
with statutory limits and employers' liability
insurance with limits of not less than
$1,000,000 per accident.
D. Certificates/Insurer Ratinq/Cancellation
Notices. San Bernardino shall require its
contractor and subcontractors, prior to
commencement of work on the Improvements, to
furnish Redlands with properly executed
certificates of insurance, and certified
copies of endorsements which shall clearly
evidence all insurance required in this
Section. San Bernardino shall require that
the contractor and .subcontractors shall not
allow such insurance to be canceled or allowed
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Res. 92-115
to expire except on 30 days I prior written
notice to Redlands.
SECTION TWO: Redlands shall --
2.01 Permit San Bernardino to construct those portions of the
Improvements within the jurisdiction of the City of
Redlands in accordance with the approved plans and
specifications.
2.02 Accept responsibility for 50% of the local agency
matching costs for the Improvements and reimburse San
Bernardino within 30 days after receipt of an approved
itemized statement of cost. Redlands' share is estimated
to be $10,000.00. In no case shall Redlands I share
exceed $15,000.00.
2.03 Upon completion of the Improvements, assume maintenance
of the Improvements constructed within the city of
Redlands.
2.04 Execute Common Use Agreement and right-of-way dedications
(if necessary) for those portions of the roadway located
within Redlands' jurisdiction.
SECTION THREE: Joint obligations --
3.01 Redlands shall defend, indemnify and hold San
Bernardino and its officials, officers, employees and
agents free and harmless from any and all liability from
loss, damage or injury to property or persons, including
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Res. 92-115
wrongful death, arising out of any negligent acts,
omissions, or willful misconduct of Redlands arising out
of or in connection with Redlands' performance of this
Agreement.
San Bernardino shall indemnify and hold
Redlands, its officials, officers, employees and
agents free and harmless from any and all liability
from loss, damage, or injury to property or
persons, including wrongful death, arising out of
or incident to any negligent acts, omissions or
willful misconduct of San Bernardino arising out of
or in connection with San Bernardino's performance
of this Agreement.
3.02 By using HES funding on the proj ect, such funds will
reduce the local cost shares of the City and Redlands by
the amount of HES funds uses.
3.03 In any action instituted or arising out of this
Agreement, the prevailing party in such litigation shall
be entitled to all reasonable attorneys' fees and other
costs of suit.
THIS AGREEMENT shall inure to the benefit of and be
binding upon the successors and assigns of the parties involved.
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,
(or-
ALABAMA/PALM
AVENUE AT
AGREEMENT:
INSTALLATION OF GUARDAIL ALONG
CITY CREEK
IN WITNESS WHEREOF, the parties hereto have caused this
Res. 92-115
Agreement to be executed by their respective officials thereunder
duly authorized.
CITY OF RED LANDS
By:
cx;~ '~_oF)
, ./
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ATTEST:
Clerk of the City of Redlands By:
CITY OF SAN
ATTEST:
By: ~~~.J~
cit Clerk r\:. .. C
By:
CITY ATTORNEY:
Approved as to form and
legal content:
I'
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C I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
CITY CLERK'S OFFICE
DATE: April 10, 1992
TO: Roger Hardgrave, Director of Public Works/City Engineer
FROM: Rachel Krasney, City Clerk
SUBJECT: Transmittal of fully executed duplicate originals for
forwarding to the City of Redlands of the Agreement for
Installation of Guardrail (along Alabama/Palm Avenue).
Copies:
Attached are the following:
Three (3) Duplicate Originals of the Agreement for Installation
of Guardrail dated April 9, 1992. These agreements have been
executed by the Mayor and City Clerk of the City of Redlands; as
well as the Mayor, City Attorney and City Clerk of the City of
San Bernardino.
We are also providing three (3) certified copies of City of San
Bernardino Resolution No. 92-115 entitled: "Resolution of the
City of San Bernardino authorizing the execution of Agreement
with the City of Redlands relating to the installation of
guardrail on Palm Avenue at the City Creek Channel."
Resolution No. 92-115 was adopted at the Council meeting held on
April 6, 1992.
I hereby acknowledge receipt of the above mentioned documents.
Signed:
(V . ~'? P/hY'f-'
Lj - ( 0 _C
Dated:
By:
Rachel Krasney
City Clerk
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