HomeMy WebLinkAbout1991-105
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RESOLUTION NO. 91-105
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO
3 RELATING TO THE IMPROVEMENT OF WATERMAN AVENUE, FROM REDLANDS
BOULEVARD TO MILL STREET.
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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, an Agreement with the County of San Bernardino, relating to
9 the improvement of Waterman Avenue, from Redlands Boulevard to
10 Mill Street, a copy of said agreement is attached hereto, marked
11 Exhibit "A" and incorporated herein by reference as fully as
12 though set forth at length.
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SECTION 2. This agreement and any amendment or modifica-
14 tions thereto shall not take effect or become operative until
15 fully signed and executed by both parties. The City shall not be
16 obligated hereunder unless and until the agreement is fully
17 executed and no oral agreement relating thereto shall be implied
18 or authorized.
19 SECTION 3. This resolution is rescinded if the parties
20 to the agreement fail to execute it within sixty (60) days of the
21 passage of this resolution.
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3-21-91
RESO.: AUTHORIZATION EXECUTION OF AGREEMENT WITH COUNTY'. OF
SAN BERNARDINO RELATING TO IMPROVEMENT OF WATERMAN
AVENUE.
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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
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1st day of
April
5 Council Members:
6 ESTRADA
7 REILLY
8 FLORES
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
12 MILLER
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meeting thereof, held on the
, 1991, by the following vote, to-wit:
AYES
NAYS
ABSTAIN
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The foregoing resolution is hereby approved this
day of
April
Approved as to form
and legal content:
James F. Penman
City Attorney
By fL/1~{? 9 l::--v'~~
{J .
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d
, 1991.
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o comb, Mayor
an Bernardino
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1 AGREEMENT
2 THIS AGREEMENT , made and entered into this 25th da
3 of February , 1991, by and between San Bernardino County,
4 a body corporate and politic of the State of California, herein
5 after referred to as "COUNTY", and the City of San Bernardino,
6 municipal corporation of the State of California, hereinafte
7 referred to as "CITY".
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9 WITNESSETH
10 WHEREAS, the existing street section along Waterman
11 Avenue, from Redlands Boulevard to Mill Street, requires
12 rehabilitation, removal of obstruction in the travel way and
13 widening from 4 lanes to 6 lanes and the bridge over the East Twin
14 & Warm Creek requires widening, signals require modification for
15 improved traffic flow and protected movements, drainage
16 improvements are required to meet area needs and comply with
17 Master Drainage Plans and,
18 WHEREAS, the City and County propose to utilize
19 Regional Federal Aid Urban Funds and/or available funds to finance
20 their respective shares of the cost for completing this work along
21 Waterman Avenue, between Redlands Boulevard and Mill Street, and
22 WHEREAS, approximately 81% of the proposed project is
23 within the incorporated limits of CITY, with the remaining 19%
24 located within the unincorporated area of COUNTY, and
25 WHEREAS, County and City do also mutually desire to
26 specify herein the terms and conditions under which said project
27 is to be constructed, financed and maintained; and
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1 WHEREAS, construction of project is
2 1990-91 fiscal year, at a total preliminary
proposed for the
estimated cost of
3 $1,600,000.
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NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
SECTION ONE: CITY SHALL --
1.01 Perform all necessary field surveys, soil tests
and materials investigations necessary for
design of said improvements.
1.02 Act as Lead Agency in securing Environmental
Review approval, prepare all required reports,
agreements, obtain all permits necessary to
accomplish said improvements.
1.03 Prepare construction plans, specifications,
estimate of quantities and costs, and contract
documents.
1.04
Arrange for relocation
utilities which are in
or removal of all
conflict with said
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improvements.
Submit plans, specifications, estimate, and an
application for no-cost encroachment permit to
COUNTY and to the County Flood Control District
and obtain approval thereof prior to advertis-
ing for bids. Inspection fees will be paid
unless waived by the Board of Supervisors.
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1.06
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Provide adequate construction inspection of all
items of work performed under construction
contract referenced hereinabove, and maintain
records of inspections and materials test for
review by COUNTY.
Maintain a detailed record of any proposed
changes to the approved plans and specifica-
tions, and secure COUNTY'S approval prior to
authorizing any major changes thereof.
Submit a set of "As-Built" plans (Reproducible
Record Drawings) to COUNTY and the Flood
Control District upon completion of project.
Advertise, award, administer and fund a
construction contract for the hereinabove
referenced improvements in conformance with FAU
funding requirements.
Accept responsibility for all costs of the
project, including preliminary engineering,
construction engineering, construction con
tracts, applicable overhead charges, and any
other costs directly attributable to project,
except for the share to be borne by COUNTY as
provided hereinafter.
Submit an accounting to COUNTY of all costs
charged to the project, along with a statement
for COUNTY'S share of the cost.
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1.12
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Upon completion of the project, assume mainten-
ance of the improvements to be constructec
within the incorporated area under jurisdictior
of CITY.
Require its contractor(s) to provide singlE
limit insurance covering bodily injury and
property damage in an amount of not less thar
one million ($1,000,000.00) dollars. saic
insurance shall name COUNTY as an additional
insured party. Prior to execution of con-
struction contract, County shall be afforded
opportunity to review contract provisions on
insurance coverage.
SECTION TWO: COUNTY SHALL--
2.01 Permit CITY to improve those unincorporated
portions of Waterman Avenue, between Redlands
Boulevard and Mill Street, in accordance to the
approved plans and specifications.
2.02 Assist CITY in accomplishing the removal or
relocation of utilities in conflict with the
said improvements.
2.03 Accept responsibility for a 19% share of the
non-federal (matching funds) portion of the
project costs and reimburse CITY, within 30
days after receipt of an itemized statement of
cost. COUNTY'S share is estimated to be
$50,000.00; but in no event shall COUNTY'S
total obligation under this agreement exceed
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$70,000.00 provided that COUNTY
sole discretion, in writing,
greater amount.
Upon completion of the project, assume mainten
ance of the improvements to be constructe
within the unincorporated area under jurisdic
tion of COUNTY.
may, at
authorize
it
SECTION THREE:
HERETO
3.01
3.02
BE IT FURTHER AGREED BY THE PARTIE
That no party to the agreement nor officer no
employees thereof shall be responsible for an
damage or liability occurring by reason 0
anything done or in connection with any work,
authority or jurisdiction delegated to the
parties under this Agreement. It is also
understood and agreed that pursuant to
Government Code section 895.4 each party shall
fully indemnify and hold all other parties
harmless from any liability for injury (as
defined by Government Code section 810.8)
occurring by reason of anything done or omitted
to be done under or in connection with any
work, authority or jurisdiction delegated under
this Agreement.
By using FAU funding on the project, such funds
will reduce the local cost shares of the City
and County by the amount of FAU funds used.
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THIS AGREEMENT shall inure to the benefit of and be
2 binding upon the successors and assigns of the parties involved.
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4 this Agreement to be executed by their respective officials there-
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IN WITNESS WHEREOF,
unto duly authorized.
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SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
EARLENE SPROAT
Clerk of the Board of Supervisors
of the County of San Bernardino
11 BY'?{~:;?"~~~
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ATTEST:
BY:C4~~
City C erk
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Approved as to form and
21 legal content:
22 JAMES F. PENMAN,
city Attorney
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the
parties
caused
hereto have
COUNTY OF SAN BERNARDINO
By.
KER, Chairman
of Supervisors
FEB 25 199J
BERNARrI /7
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1 >)/ __. ..... /'
COMB~ Mayor
city of San Bernardino
Signed: April 2, 1991