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Home My WebLink About1991-030 r_ 1 2 3 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 RESOLUTION NO. 91-30 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE DEVELOPMENT OF FINAL CONSTRUCTION PLANS FOR THE IMPROVEMENT OF FORTIETH STREET, FROM THIRD AVENUE TO ACRE LANE. 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 County of San Bernardino, relating to the development of final construction plans for the improvement of Fortieth Street, from Third Avenue to Acre Lane, 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 This resolution is rescinded if the parties to the agreement fail to execute it ,vi thin sixty (60) days of the passage of this resolution. / / / / / / / / / / / / / / / / / / / / / / / / 12-28-90 RGH:rs .~ RESO: AUTHORIZING EXECUTION OF AGREEMENT WITH COUNTY OF SAN BERNARDINO RELATrNG TO DEVELOPMENT OF'FINAL CONSTRUCTION PLANS FOR IMPROVEMENT OF FORTIETH STREET. 1 2 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the adjourned at a n reoular meeting thereof, Ci ty of San Bernardino held on the 4 23rdday of Januarv 5 Council Members: 6 ESTRADA 7 REILLY 8 FLORES 9 MAUDSLEY 10 MINOR 11 POPE-LUDLAM , 1991, by the following vote, to-wit: AYES NAYS ABSTAIN ABSENT X X X X X X 12 MILLER X 13 14 15 16 17 18 19 20 21 22 23 24 ~~y~ The foregoing resolution is hereby approved this 25th day of January , 1991. Approved as to form and legal content: James F. Penman City Attorney 25 26 27 28 - 2 - FOR COUNTY USE ONL Y . (Zw .9f-30 ,~\\"/I'fe .....~t~...... ~~- ~ ...::::- -~ ~....... /1f4'1'\\\~' E New Vendor Code Dept. Contract Number M Change SC TRA A 91-145 X Cancel County Department Dept. Orgn. Contractor's License No. TRANSPORTATION TRA TRA County Department Contract Representative Ph. Ex!. Amount of Contract LOUIS C. GAMACHE 2724 519,500 Fund I Dept. I Organization I Appr. I Obj/Rev Source Activity I GRCJPROJ/JOB Number SAA TRA TRA 220 2445 14H08859 Commodity Code Estimated Payment Total by Fiscal Year FY Amount 110 FY Amount 110 Project Name 40TH STREET-THIRD - - - - - - - - AVENUE/ACRE LANE - - - - 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 300 NORTH D STREET hereinafter called C ITV SAN BERNARDINO, CA 92418 ROGER HARDGRAVE, DIRECTOR PUBLIC WORKS Phone Birth Date 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,) WHEREI\S, 40th street between 'Ihird Avenue and Acre lane is in need of irrprovements, incluclin:J widening, to serve current and projected traffic needs ; and WHEREI\S, the County and the city desire to cooperate and jointly participate in the development of final =nstruction plans, specifications and estimates for said irrprovements, hereinafter refe=ed to as the project; and WHEREI\S, the project lies partly within the unin=rporated area of the County and partly within the in=rporated area of the city, and will be of Imltual benefit to the County and City; and WHEREI\S, the County and the city desire to set forth the responsibilities and obligations of each regarding such participation in said project. SEcrION I CITY AGREES 'ID: 1. Act as the "Lead Agency" in the preparation of design plans, specifications and estimate of =sts and =ntract doct.nnents plus right-of-way plats and envirorunental review. 2. To mintain close =ntact with appropriate County staff to insure a coordinated effort. 3. Submit the project plans to the County for review and =n=ence. 02-12311-000 Rev, 11/90 Page of 3 ."' 4. To accept responsibility for its share of the net project cost after deducting all contributions which may became available from other sources based on the proportion of city area lying within 40th street between 'lhirdAvenue arrlAcre r.anewhich is estimated to be sixty--<>ne (61%) percent. city's share of project cost is estimated to be $30,500. 5. SUbmit itemized billing to County on a mmthly basis for its share of the project cost as provided herein. SEcrION II 0XlNI'Y AGREES TO: 1. Assist the City with utility coordination that may be required within the County area. 2. Accept responsibility for its share of the net project cost after deducting all contributions which may became available fram other sources based on the portion of County area lying within 40th street between 'lhird Avenue arrl Acre lane which is estimated to be thirty- nine (39%) percent. County's cost share is estimated to be $19,500 arrl shall not be e.~M without County approval. 3. Pay the city for County's share of the project costs within 30 days of the billing described in section I, Item 5 of this agreement. IT IS MUlUALLY AGREED AS FDUCMS: 1. Neither County nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by city urxier or in connection with any work, authority or jurisdiction delegated to city un:ier this AgreeIrent. It is also agreed that, pursuant to Goverrnnent Code section 895.4 City shall fully indemnify and hold County hannless fram any liability irrposed for injury (as defined by Goverrnnent Code section 801.8) occurring by reason of anything done or omitted to be done by City urxier or in connection with any work, authority or jurisdiction delegated to City un:ier this Agreement. 2. Neither city nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by County urxier or in connection with any work, authority or jurisdiction delegated to County urxier this AgreeIrent. It is also agreed that, pursuant to Goverrnnent Code section 895.4, County shall fully in:iemnify arrl hold city hannless fram any liability irrposed for injury (as defined by Goverrnnent Code Section 810.8) occurring by reason of anything done or omitted to be done by County urxier or in connection with any work, authority, or jurisdiction delegated to County urxier this AgreeIrent. Page 2 of 1 0- 3. '!his agreezrent may be cancelled upon 30 clays written notice of either party, hcMever, costs incurred up to the effective clate of cancellation shall be shared based on the ratio provided heretofore. 4. 'lhis agreezrent shall teDninate upon c:arrpletion of the project and paymant of final billin:] by the County for its share of the Project. 'IHIS l\GREEMENl' shall inure to the benefit of and be bindin:] upon the successors and assigns of both parties. ill wrrnESS WHEREOF the parties hereto have caused this agreezrent to be executed by their respective officials thereunto duly authorized. " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " II " " " " " " " " " " " " " " " " " " " " " " APPROVED AS TO FORM " " " ,~ND LEGAL CONTENT. James F. Penman, " " " CitY~ 71L By By' , (J. OF SAN BERNARDIN ~ Chair Dated FES 25 1991 '"w. R. HOLCOMB, h rizedSigna(ure) MAYOR 1-29-91 ATTEST: ""IV He" ~I-" /\ ,J RAC-HF.T. KRASNEY", CITY CLERK 300 North "D" Street Address San Bernardino, CA A-TTFSTED: ~ Clerk of the Board of Supervisors APproved/85toL""l~.. I.. or~ (~ " /t: .i- ~ ~c;,/ 7! if!'"'c> ~ f'U,111 ~ "tOAffl"~ Reviewed for Processing County Counsel 0... 11- r-~9 Agency Administrator/CAD Date l~-I-'l~ Date . , . MINUTES OF THE BOARD OF SUPERVISORS Inc. Cities: OF SAN BERNARDINO COUNTY CAUFORNIA San Bernardino; , 40th Street, Third Avenue, February 25, 1991 Acre Lane; Agree. 91-145 FROM: I<EN A. MIllER, Director Transport&tiOJl/Flood Control SUBJECT: CXlOPERATIVE ~ FOR IlCW) ~ 00' FOt<.J.'uatf STREEl' REO:>>IENIl.l\.TIOO': Awrove County/City of San Bernardino cooperative a\jleement for design of inq:lrovements on Fortieth street between '1hird Avenue ani Acre lane in the San Bernardino area. Bl\.CKGIUJND: 'Ihe a\jLeement sets forth con:litions urrler which the County ani the City of San Bernardino will cooperate in the design of inq:lrovements on Fortieth street between '1hird Avenue ani Acre lane. 'Ihe City will be the lead agency for the develcptellt of final =nstIuction plans, specifications ani estllnates for the project. REASON FOR ~OO': Board awroval is required on all agreenent5. RE\lIEW BY CInIERS: On October 29, 1990 the agreem:mt was reviewed by Risk Management. '!his item was reviewed by DefA1tY O:lUnty 0:lUnsel C'larles S. Scxllastico on November 5, 1990 ani the Departlrent' s Contract Cailq)liance Officer on Deoember 7, 1990. It was awroved by San Bernardino city Council by Resolution No. 91- 30 on January 23, 1991- FlNANCIAL tM'A: 'Ihe total estllnated cost of the project is $50,000. 'Ihe O:lUnty's share is estllnated to be $19,500 (39%). Furrls for the project are available in the current fiscal year bJdget. PRESEm'ER: Ken A. Miller cc: Transportation-Lou Gamache w/agreement City of San Bernardino w/agreement c/o Transp. Auditor w/agreement Purchasing-Contract Compli Risk Management PWG File w/agreement 1....07.000 Rev. 10/11 mIl Action of tM Boerd of Superviaofl AGREEMENT NO. 91-145 APPR9.y'iD\'B~~\:\O/j:)F SUPERVISORS CO~ ~~ ~.~~~~~R~fRDINO - ~"r' 1 ' ", F/, ceMOTION !,e'Q.<~~,::J.~~c~~:. Aye Motion ~Jli .,~f5: 11 i~3; ~~ 4 5 z ~;. -" ,/:;.:~~~.~)\;'~~-," ~ ~::;';: ;:. "':"'" ITEM 83