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ICITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
File !lo. 1.1520
From:
ROGER G. HARDGRAVE
Subject:
Authorization to Execute Standard
Contract with the County of
San Bernardino - Overlay Date
Street, froM Golden Avenue to
Del Rosa Avenue
Dept:
Public Works
Date:
12-12-96
OII/GINAl
Synopsis of Previous Council action:
June, 1996 - Allocation of $500,000 in 1996/97 Gas Tax Fund Budget,
under Account No. 126- -5504-1520, "Pavement Re-
habilitation -- Various Streets," approved.
ADMIN.. 01ll1CEl
12 DEe % ill 4;;
Recommended motion:
Adopt resolution.
cc: F. Wilson
J. Howell
J. PenMan
()), %~
Contact person: Roqer G. Hardgrave
Staff Report, Agreement
Supporting data attached: and Resolution
Phone:
5025
Ward:
7
FUNDING REQUIREMENTS:
Amount: $25,000 (Gas Tax Fund)
Source: (Acct. No.)
126-369-5504-1520
Acct. Descri tion
Various Streets
Finan .
Council Notes:
- Res 97- ;l.
75.0262
I (/3/q1-
Agenda Item NO.JI./ . .
12--12-96
75.02~4
...
FOR COUNTY USE ONL Y
.'''''''''-
_;'~""~
'""0}/
E New Vendor Code Dept. Contract Number
M Change SC A
X Cancel TRA
County Department Dept. Orgn. Contractor's license No.
TRANSPORTATION TRA TRA
County Department Contract Representative Ph. Ext. g ~mount of Contract
THEODORE M. GOLONDZINIER 2724 ~ea BeBc~--
o nc m r nee
Fund I Dept, I Organization I Appr, I Obj/Rev Source Activity I GRC/PROJ/JOB Number
SAA TRA TRA 25H12329 __
Commodity Code Estimated Payment Total by Fiscal Year
FY Amount 110 FY Amount 110
Project Name
DATE ST FROM GOLDEN - - - --
AVE/DEL ROSA AVE - - - -
- - - -
County of San Bernardino
FAS
STANDARD CONTRACT
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called
the County, and
Name
CITY OF SAN BERNARDINO
Address
hereinafter called
CITY
300 North D Street
San Bernardino, CA 92418
Phone
Birth Date
909/384-5025
FednrallD No. or Social Security No.
IT IS HEREBY AGREED AS FOLLOWS;
(Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion,
determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.)
WITNESSETH
WHEREAS, the County of San Bernardino (hereinafter referred to as COUNTY) and the City of San
Bernardino (hereinafter referred to as CITY) desire to cooperate and jointly participate in a project to fill sunken areas
of pavement and overlay with AR4000 pavement on Date Street from Golden Avenue to Del Rosa Avenue
(hereinafter referred to as the PROJECT ); and
WHEREAS, the project is located partially (approximately 63%) within the unincorporated area of the
COUNTY and partially (approximately 37"lofwithin the incorporated area of the CITY, and will be of mutual benefit
to the COUNTY and the CITY,
WHEREAS, COUNTY and CITY desire to set forth responsibilities and obligations of each as pertains to
such participation and to the construction, maintenance, and funding of the proposed improvements.
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
02-12311-000 Rev. 11191
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1.0 COUNTY WILL:
1.1 Act as the Lead Agency in the construction of the PROJECT.
1.2 Construct the PROJECT with County forces.
1.3 Obtain a no-cost permit from CITY for work within the CITY'S right-of-way.
1.4 Accept responsibility for its proportionate share of the cost of construction of the PROJECT, based on the
COUNTY'S determination of the actual cost of the work in the unincorporated area. COUNTY'S estimated
share for the project is $39,000.
1.5 Submit to CITY an itemized accounting of the PROJECT cost and a statement for CITY'S share of the
cost as provided herein.
1.6 After completion of the project, maintain those portions of PROJECT within the unincorporated area of
the COUNTY.
2.0 CITY WILL:
2.1 Accept responsibility for its proportionate share of the cost of construction of the PROJECT, based on the
COUNTY'S determination of the actual costs in the incorporated area of the CITY. CITY'S estimated
share of the project is $22,900 and shall not exceed $25,000 without prior written authorization from the
CITY.
2.2 Reimburse COUNTY within thirty (30) days after receipt of an itemized statement as set forth in Paragraph
1.5 of this agreement setting forth all cost of PROJECT to be borne by the CITY.
2.3 After acceptance of the PROJECT, maintain those portions of the PROJECT within the incorporated area of
the CITY.
3.0 IT IS FURTHER AGREED THAT:
3.1 COUNTY agrees to indemnity and hold harmless the CITY, its officers, agents, volunteers from any and all
claims, actions or losses, damages, and/or liability resulting from the COUNTY'S negligent acts or omissions
which arise from the COUNTY'S performance ofits obligations under this lease.
3.2 CITY agrees to indemnity, defend (with counsel approved by COUNTY) and hold harmless the COUNTY
its officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability
arising out ofits obligations under tliis lease.
3.3 In the event the COUNTY and/or the CITY is found to be comparatively at fault for any claim, action, loss
or damage which results from their respective obligations under the lease, the COUNTY and/or CITY shall
indemnity the other to the extent of its comparative fault.
3.4 Furthermore, if the COUNTY or CITY attempts to seek recovery from the other for Worker's
Compensation benefits paid to an employee, the COUNTY and CITY agree that any alleged negligence of
the employee shall not be construed against the employer of that employee.
3.5 This agreement may be canceled upon thirty (30) days written notice of either party, however, costs incurred
up to the effective date of cancellation shall be shared in the manner provided heretofore.
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3.6 This agreement shall terminate upon completion of the project and payment of final billing by the CITY for
its share of the PROJECT.
TIllS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both
parties.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective
officer thereunto duly authorized.
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COUNTY OF SAN BERNARDINO
..
Chairman, Board of Supervisors
CITY OF SAN BERNAROINO
(State if corporation, company, etc.)
"'.
Dated
By ..
(Authorized Signature)
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN
OF THE BOARD.
Clerk of the Board of Supervisors of the County of San
Bernardino.
Dated
Title
~1avor
Address 300 North "0"
Street
By
San Bernardino. CA
92418
Deputy
Approved as to Legal Form
Reviewed as to Affirmative Action
Reviewed for Processing
..
County Counsel
..
..
Agency Administrator/CAD
Date
Date
Date
02-12311.000 Rev. 11191
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