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Home My WebLink About1991-407 1 RESOLUTION NO. 91-407 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LETTER OF ACCEPTANCE WITH GTE CALIFORNIA, INC., 3 RELATING TO THE UNDERGROUNDING OF UTILITIES ON TWENTY-FIRST STREET, FROM CRESTVIEW AVENUE TO SAN GABRIEL AVENUE. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute on behalf of said City 8 a Letter of Acceptance, between said City and GTE California, 9 Inc. relating to undergrounding of utili ties on Twenty-First 10 Street, from Crestview Avenue to San Gabriel Avenue, a copy of 11 which is attached hereto, marked Exhibit "A" and incorporated 12 herein by reference as fully as though set forth at length. 13 SECTION 2. The agreement shall not take effect until 14 fully signed and executed by all parties. The City shall not be 15 obligated hereunder unless and until the agreement is fully 16 executed and no oral agreement relating thereto shall be implied 17 or authorized. 18 SECTION 3. The authorization to execute the above- 19 referenced agreement is rescinded if the parties to the agreement 20 fail to execute it wi thin sixty (60 ) days of the passage of this 21 resolution. 22 / / / / 23 / / / / 24 / / / / 25 / / / / 26 / / / / 27 / / / / 28 / / / / 9/3/91 RESO: AUTHORIZING LETTER OF ACCEPTANCE WI~H ~TE CALIFORNIA, INC., RELATING TO THE UNDERGROUNDING OF UTILITIES ON TWENTY-FIRST STREET. 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Conunon Council of the City of San 3 Bernardino at a regular 4 ~~t~day of September 5 Council Members: 6 ESTRADA 7 REILLY 8 HERNANDEZ 9 MAUDSLEY 10 MINOR 11 POPE-LUDLAM 12 MILLER 13 14 meeting thereof, held on the , 1991, by the following vote, to-wit: AYES NAYS ABSTAIN ABSENT x x x x x x x 15 16 17 18 19 R~~ra:~~y Clerk The foregoing resolution is hereby approved this 18th day of September , 1991. ///'7 #/2/ ,// Approved as to form 20 and legal content: Ci ty lof o~comb, -Mayor Sa.n Bernardino 21 James F. Penman City Attorney 22 23 24 25 26 27 28 L~ - 2 - [,. ,.-,', Est AU~ 29 1 9' CJo' i ''''; GTE CALIFORNIA 15(x) Cr-afto; Ave., Eo,., 1-18 Mento;e, CA 92359 August 27, 1991 In Reply Refer- To 7660D Atten: Roger- Har-dgr-ave Ci ty of San Bemar-dino F\Jblic t.<.br-ks Dept. :::;.cx) N. 110" St. San Bemar-dino, CA 92418-<:xX>1 Dear- Mr-. Har-dgr-ave: F<efer-ence: Your- r-equest dated 07-17-91 GTE t.<.br-k Or-der- 0589-8F~X>lAF' GTE Cali fomia (her-einafter- called "GTE") has r-evised the engineer-ing study to deter-mine the cost for- under-gr-ounding our- facilities at 21st St. EIO Cr-estview. o..,r- study indicates that the estimated billable actual cost for- the r-equested wor-k is $12,~)1.70. GTE is pr-epar-ed to pr-oceed with the wor-k under- the following ter-ms and co;ditio;s that shall apply: 1. D.Jstoner-s shall pay in advance to GTE the sum of $12,701. 70 which is equal to the estimated actual cost of the wor-k. Upa; completio; of this t.<.br-k Or-der-, GTE AccOLnting Depar-tment will calculate all char-ges associated with this wor-k or-der- and either- bill or- r-efLnd the Custoner- the di ffer-ence between the final actual costs and the deposits r-eceived. 2. GTE will attempt to complete the wor-k for- which it is r-espa;sible and to be per-for-med Lnder- this agr-eement 90 days after- r-eceipt of the payment, a fully e:<ecuted copy of these agr-eement documents, and if applicable, r-eceipt of notificatio; that acceptable CL~toner- pr-ovided Lnder-gr-OLnd fcilities and tr-enches have been pr-ovided and ar-e r-eady to accept facilities to be pr-ovided by G"nE. Hc:w=>ver-, no damages or- other- liability shall accr-ue against GTE in favor- of Custoner-s if the wor-k is not completed wi thin said per-iod due to GTE's actio; or- the actio; of other- utilities, agencies or- other- companies involved in this r-elocatio; pr-oject. 3. The costs and engineer-ing specificatio;s will be null and void if this letter- is not signed and r-etumed wi thin X> calendar- days fr-om this date, or- if CL,stoner- r-equests a new engineer-ing study. City of San Bernardino 08/27/91 Page 2 4. The undersigned participatng D.tstaners understand that this agree- ment shall not be binding on GTE or individual custaners unless, and until, all D.tstaners have given their approval of these terms and conditions by signing on the lines provided. Please indicate yaJr acceptance of these terms and condi tions by signing the enclosed copy of this letter where indicated, initialing and dating the enclosures and returning the fully e,.,ecuted copy to me in the sel f-addressed envelope provided. Your check in the amcunt indicated in Condition l'Ilunber 1 above trust be included with the returned signed copy of this letter. Please show Work Order # 05B9-SF,:x)1PF' on your check. If you have any questions, please direct them to Richard Pryor, Senior Engineer, at (714) 794-8213. Very trctly YOLtrS, ~ G y'C~ "'o~ r R. GlrfIEFf\EZ Operations Manager (ISF' Engineering ACCEPTPI\CE: Date September 18. 1991 CI ATTEST: QaduL ~.~ Racnel Krasney, Ci y Clerk Approved as to form and legal content: James F. Penman City Attorney 7/~ p ", ':". '.~..'. ::. 0.., \'-\ " : -. ? j-- ~ _ v ;,.;::;. hv"; c... GTE CALIFORNIA 15<X> Crafta1 Ave., Be,.: 1-18 Menta1e, CA 9",.c.59 P<..tgust 27, 1991 In Reply Refer To ::'660D Atten: Roger Hardgrave Ci ty of San Bernardino Public t.>.brks Dept. :::;,C.o N. liD" St. San Bernardino, CA 92418-(0)1 Dear Mr. Hardgrave: Reference: Your request dated 07-17-91 GTE t.>.brk Order 0589-EP'X>lPF' GTE Cali fornia (hereinafter called "GTE") has revised the engineering study to determine the cost for undergro..tnding o..tr facilities at 21st St. EIO Crestview. Q..tr study indicates that the estimated billable actual cost for the requested work is $12, ::'(>1. 70. GTE is prepared to proceed with the work Ltnder the follGling terms and ca1ditia1s that shall apply: 1. Customers shall pay in advance to GTE the sum of $12,::'(>1.70 which is equal to the estimated actual cost of the work. UPa1 completia1 of this t.>.brk Order, GTE Acco..tnting Department will calculate all charges associated with this work order and either bill or refLtnd the Customer the difference between the final actual costs and the deposits received. 2. GTE will attempt to complete the work for which it is resPa1sible and to be performed Ltnder this agreement 90 days after receipt of the payment, a fully e,.:ecuted copy of these agrE'f.."1T'Ief1t documents, and if applicable, receipt of notificatia1 that acceptable CLtstomer provided Ltnderground fcilities and trenches have been provided and are ready to accept facilities to be provided by GTE. I-It::w=ver, no damages or other liability shall accrue against GTE in favor of CLtstomers if the work is not completed within said period due to GTE's actia1 or the actia1 of other utilities, agencies or other companies involved in this relocatia1 project. "" 0_'. The costs and engineering specificatia1s will be null and void if this letter is not signed and returned within ::'J) calendar days from this date, or if CLtstomer requests a new engineering study. EXHIBIT "A" City of San Bema....dino 08/27/91 Page 2 4. The unde....signed pa....ticipatng Custane....s Llflde....stand that this ag....ee- ment shall not be binding on GTE 0.... individual custane....s Llflless, and Llfltil, all Custane....s have given thei.... app....oval of these te....ms and conditions by signing on the lines p....ovided. Please indicate you.... acceptance of these te....ms and conditions by signing the enclosed copy of this lette.... whe....e indicated, initialing and dating the enclosu....es and ....etuming the fully e><ecuted copy to me in the self-add....essed envelope p....ovided. you.... check in the amcJLlflt indicated in Condition I\Ltmbe.... 1 above rr....st be included with the ....etumed signed copy of this lette..... Please show v..tJ....k o....de.... # 0589-EF'(x)1Pf' on ycx..,.... check. If ycx..1 have any questions, please di....ect Hem to Richa....d P..-yo...., Senio.... Enginee...., at (714) 794-8213. Ve..-y t....uly ycx..I....S, ~ ~~ G VC\o,- (0 R. GUTIERREZ ope....ations Manage.... OSF' Enginee....ing PCCEF'T AI\CE : By Date CITY CF S/'t.l EEF\N!'fID I I\XJ - May 0 r ATTEST: Rachel Krasney, City Clerk Approved as to form and legal content: James F. Penman City Attorney By