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HomeMy WebLinkAbout1983-235 1 RESOLUTION NO. 83..235 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE RESURFACING 3 OF lYNWOOD DRIVE, FROM CEDAR STREET TO DEL ROSA AVENUE. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOllOWS: 5 10 11 ]2 13 14 15 16 17 6 SECTION 1. Authorization is hereby granted for the execution of, on behalf of said City, an Agreement with the County of San Bernardino, 7 relating to resurfacing lynwood Drive, from Cedar Street to Del Rosa Avenue, which is attached hereto, marked Exhibit "A" and incorporated herein by 8 9 reference as fully as though set forth at length, but such award ~.; 11 be effective only upon the contract being fully signed. SECTION 2. The contact shall not take effect until fully signed and executed by both parties. The City shall not be obligated hereunder unless and until the contract is fully executed and no oral agreement relating thereto shall be implied or authorized. I HEREBY CCRTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a :re(j'u~t2.~( meeting thereof, held on the 18th day of J111.y 18 1983, by the following vote, to wit: 19 Co unci I ~1embers CaEtane!~a! Rei ~ ] ~....' He~~napoez, AYES: 20 r.~_arks ()U.1 el" str:~cJ<.J.er 21 :_"one NAYS: 22 council" -i_an -~"'::~_zie~." ABSCNT: 23 24 .~,~/. /1i 'tf{{~: 25 26 \ I...'l. The foregoing resolution is hereby approved this 'QS~day of 27 ,~,. ul ~I , 1983. 28 1 2 3 4 5 6 7 8 9 10 11 12 13 J4 15 16 J7 I I 18 i 19 20 21 22 23 24 25 26 27 28 Approved as to form: ~~JuKq City At rney - 2 - I A'. rnardino COOPERATIVE AGREEMENT ThIs Agreen~nt, entered into or. thl~ ______day of 1983, by and between the County of San BerMrdino, hereinafter referred to as "County", and the City of San Bernardino. a municipal corporation, hereinafter referred to as "Ci ty. H , WITNESSETH: WHEREAS, Lynwood Drive, between Cedar Street and Del Rosa Avenue, is in need of being resurfaced to improve riding qualities and prevent further deterioration of the pavement; and WHEREAS, the north side of Lynwood Drive, between Harrison Street and Mountain Avenue, is under Jurisdiction of County; and WHEREAS, County and City mutually desire to cooperate and jointly participate in the proposed resurfacing of this section of Lynwood Drive; and WHEREAS, County and City desire to set forth the responsibilities and obligations of each in relation to the performance of the proposed resurfac1 ng. NOW, THEREFORE, it is mutually agreed as follows: 1.0 ~ity Agrees: 1.1 To act as lead agency for the resurfacing. 1.2 To contact the various utility companies that n~y have facilities in conflict with the proposed resurfacing, and make the necessary arrangement for relocation to facilitate the work. 1.3 To perform the full width resurfacing of Lynwood Drl~e, between Cedar Street and Del Ros<,. fwenue, with l-inch of asphalt concrete, EXHIBIT "A" and replace the traffic striping and pavement markings, by City Forces. 1.4 To finance the total cost of the proposed improvements, esti- mated at $68,376.00. 2.0 County Agrees: 2.1 To reimburse City for the cost incurred for resurfacing the portion of lynwood Drive under jurisdiction of County, within 30 days after receipt of a bill. County's share shall be 21.8% of the total cost of the resurfacing and is estimated to be $14,906.00, and shall in no event exceed $18,000 unless approved in writing by the County's Director of Transpoltation. 3.0 It is Mutually A~reed as Follows: 3.1 Neither party to this Agreement nor officers nor employees thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the other party to the Agreement under or in connection with any work, authority or jurisdiction not delegated to the parties under this Agreement. It is also agreed that. pursuant to Government Code Section 895.4, each party shall fully indemnify and hold the other party harmless from any liability imposed 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 of jurisdiction under this Agreement. 3.2 Upon completion of the resurfacing, County will maintain the portion of the work within their jurisdiction. - 2 - 3.3 This Agreement may ~e amended or modified at any time upon mutual agreement of the parties hereto. COUNTY or SP.N SERkARDINO CITY Of SAN BERl'iARDIliC Chairman, Board of Supervisors Da ted Oated ATTESTED: T1 tl e Addl"ess: 300 North "0" Street Clerk of the Board of Supervisors ATTESTED: Shauna -Clark, City Clerk Approved as to Form: City Attorney-----..------ , -- J -