HomeMy WebLinkAbout11024
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
I-
I
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND COM ON COUNCIL OF THE
CITY OF SAN BERNARDINO AijTHORIZING THE EXECUTION OF AN AGREEMENT
BETWEEN SAID CITY AND THE SAN BERNARDINO UNIFIED SCHOOL DISTRICT
RELATING TO THE IMPROVEMENT OF LITTLE MOUNTAIN DRIVE ADJACENT TO
SHANDIN HILLS JUNIOR HIGH SCHOOL.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION ONE: The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
an Agreement between said City and the San Bernardino City
Unified School District relating to the improvement of Little
Mountain Drive adjacent to Shandin Hil Is Junior High School, a
copy of which is attached hereto, marked Exhibit "A", and
incorporated herein by reference as fully as though set forth
at length herein.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San Bernar-
dino at a
1
::r.~l
---- ~
to-wit:
22
23
24
25
26
27
28
29
30 day of
31
32
d1rJ/l,~~
. y of ~A'IJ
meeting thereof held on the
, 1972, by the fo II owi ng vote,
Councilmen
NOES: ?-~~
ABSENT: J~'itj'.)
The foregoing
.~..~-:"'<<' .~../ ..~.
. Ci1<:y, erk
,.
resolution is hereby appr~ved this ~~~
Y4~
, 1.972.
,:'
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
29
30
31
32
~r
I
Approv;.~ to form:
r;:---::-=:J ('\
~ '.""1
U U
-,
j- ,~ ,
"CILLE r~..n'R~'" r,> c_.'(
t,l.J 7 ...:;,U, Vi 1, " ;",'.! '-'..
/;.;~ji#..h'~P/
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
29
30
31
32
AGREEMENT
THIS AGREEMENT, made and entered into this day of
1972, by and between the SAN BERNARDINO CITY UNIFIED SCHOOL
DISTRICT, a political subdivision of the State of California, hereinafter re-
ferred to as the "District", and the CITY OF SAN BERNARDINO, a munici psi
corporation of the State of California, hereinafiter referred to as the
"City".
WITNESSETH I
WHEREAS, an undesireable condition presently exists at Shandin Hills
Junior High School due to Little Mountain Drive not being fully improved, and
WHEREAS, both District and City desire to cooperate and jointly psrtic
ipate in the installation of full street improvements, consisting, in general
of curbs and gutters, sidewalk, drainage facilities and psving, on Little
Mountain Drive adjacent to the Shandin Hills Junior High School Site, and
~iEREAS both District and City desire to specify the financial partic-
i pa ti on and duti es t" be pilrf"rl11ed by each,
NOW, THEREFORE, BE IT MUTUALLY AGREED AS FOLLOWSI
SECTION ONEI For and in consideration of the covenants and conditions
to be kept and performed by the parties hereto, District agreesl
1. To award and administer a construction contract for the
improvements referred to herein.
2. To secure City's approval prior to awarding a contract.
3. To participate financially in the cost of the contemplated
improvement, including engineering, to the fullest extent
permitted by law and policies of the State Allocation Board.
District's share shall consist, in general, of all concrete
work and as much asphalt concrete paving as allowed by the
State Allocation Board.
SECTION TWOI For and in consideration of the convenants and conditio
to be kept and performed by the parties hereto, Ci ty agrees I
...
...
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
29
30
31
32
1-
1. To prepare the necessary plans, specifications and estimate
for Installation of the c.mtemplated imprwements. The
specifications shall be prepared so as to contain tWIl alternate
prices, one for all concrete work and the other fllr the asphalt
concrete paving.
2. To perform the necessary constructllln staking and Inspection,
and cause to be performed the necessary materials testing.
3. To~elther grant approval for Including the alternate for
asphalt concrete paving In the contract award, or perform this
I tem of work by City F'rces. However, in no event sha 11 the cas t
of I nsta III ng the as pha 1 t concrete paving exceed the bwest
bid price submitted for this alternate.
4. To particl pate financially in the C<lst of the contemplated
improvements, including engineering, to the extent of the
portion of asphalt concrete paving In excess of that financed
by the Oistrict.
SECTION THREEI The following conditions shall also be kept and per-
formed by the parties heretol
1. Neither the CITY nor any officer or employee thereof shall be
~ ,sponslble for any damage or liability occuning by reason of
anything done <lr qmitted t<l be done by DISTRICT under or in
'.O"lnection with any work, authority, or jurisdiction delegated
to OIHRICT under tl1is Agreement.
2. Pursuant to Government Codeiectlon 895.4, DISTRICT shall fully
indemnify and hold CITY harmless from any liability imposed for
injury (as defined by Gwernment Code Section 810.8) occurring
by reason of anything done or omitted to be done by DISTRICT under
Or in connection with any work, authority, or jurisdictions
delegated to DISTRICT under this Agreement.
3. Neither DISTRICT nor any officer or employee thereof is respon-
sible for any damage or liability occurring by reason of anything
,'done or omitted to be done by the CITY under or in connection
-2-
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
29
30
31
32
r
with any work, authority or jurisdiction not delegated to
DI,TRICT under this Agreement.
4. Pursuant to (i'>verninent Code Section 895.4, the CITY shall fully
Indellllllfy and hold the DISTRICT harmless from any liability Im-
posed for Injury <as defined by Government Code Section 810.8)
occurlng by reason of anything done oromltted to be done by the
CITY under or In connection with any work, authority, or jurls-
diction not delegated to the DISTRICT under this Agreement.
IN WITNESS IotlEREOF, the parties hereto have caused this Agreement to
be executed by their respective official thereunto duly authorized.
ATTEST:
By .l<<dk q~
City Clerk
Approved as t? form:
'7
J.~f4P
City Att rney
SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT
By
Assistant Superintendent,
Bus I nell