HomeMy WebLinkAbout1991-126
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RESOLUTION NO.
91-126
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 MILL STREET
TO FIFTH STREET.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
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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 Mill Street to Fifth
10 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.
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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This resolution is rescinded if the parties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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3-22-91
,
RESO:
AUTHORIZING EXECUTION OF AGREEMENT WITH COUNTY OF SAN
BERNARDIN0 RELATING TO IMPROVEMENT OF WATERMAN AVENUE,
FROM MILL STREET TO FIFTH STREET.
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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 meeting thereof, held on the
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15th day of
, 1991, by the following vote, to-wit:
April
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
x
REILLY
x
FLORES
x
MAUDSLEY
x
MINOR
x
POPE-LUDLAM
x
MILLER
x
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The foregoing resolution is
hereby approved this 17th
///".---
April
day of
, 1991.
,L:
Approved as to form
and legal content:
James F. Penman
City Attorney
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Res. 91-126
1 AGREEMENT
2 THIS AGREEMENT , made and entered into this 25th day
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, a
6 municipal corporation of the State of California, hereinafter
referred to as "CITY".
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11 venue, from Mill Street to 5th Street requires rehabilitation,
12 removal of obstruction in the travel way and widening from 4 lanes
13 0 6 lanes and the bridge over the East Twin & Warm Creek requires
14 idening, signals require modification for improved traffic flow
15 nd protected movements, drainage improvements are required to
16 eet area needs and comply with Master Drainage Plans and,
17 WHEREAS, the City and County propose to utilize
18 egional Federal Aid Urban Funds and/or available funds to finance
19 heir respective shares of the cost for completing this work along
20 aterman Avenue between Mill Street and 5th Street, and
21 WHEREAS, approximately 93% of the proposed project is
22 ithin the incorporated limits of CITY, with the remaining 7%
23 ocated within the unincorporated area of COUNTY, and
24 WHEREAS, County and City do also mutually desire to
25 pecify herein the terms and conditions under which said project
26 s to be constructed, financed and maintained; and
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WHEREAS,
the
WITNESSETH
existing street section
along Waterman
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1 WHEREAS, construction of project is proposed
2 1990-91 fiscal year, at a total preliminary estimated
3 $1,080,500.
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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.
Act as Lead Agency in securing Environmental
Review approval, prepare all required reports,
agreements, obtain all permits necessary to
accomplish said improvements.
Prepare construction plans, specifications,
estimate of quantities and costs, and contract
documents.
Arrange for relocation
utilities which are in
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.
1. 02
1. 03
1. 04
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for the
cost of
or removal of
conflict with
all
said
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1. 06
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loll
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 FAD
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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Upon completion of the project, assume mainten-
ance of the improvements to be constructed
within the incorporated area under jurisdiction
of CITY.
Require its contractor(s) to provide single
limit insurance covering bodily injury and
property damage in an amount of not less than
one million ($1,000,000.00) dollars. Said
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 Mill
Street and 5th 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 7% 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
$15,000.00; but in no event shall COUNTY'S
total obligation under this agreement exceed
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greater amount.
Upon completion of the project, assume mainten-
ance of the improvements to be constructed
within the unincorporated area under jurisdic-
tion of COUNTY.
SECTION THREE: BE IT FURTHER AGREED BY THE PARTIES
HERETO
3.01
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2.04
3.02
$20,000.00 provided
sole discretion, in
that COUNTY may, at
its
writing,
authorize
a
That no party to the agreement nor officer nor
employees thereof shall be responsible for any
damage or liability occurring by reason of
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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IN
the parties hereto
caused
WITNESS WHEREOF,
have
this Agreement to be executed by their respective officials there-
unto duly authorized.
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIP~ OF THE BOARD
EARLENE SPROAT
Clerk of the Board of Supervisors
of the County of San Bernardino
COUNTY OF SAN BERNARDINO
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By' 1f7~<~'::k-~
FES 25 1991
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ATTEST:
By: C1~ ~
'City Clerk
Signed:
pproved as to form and
legal content:
AMES F. PENMAN,
ity Attorney
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