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HomeMy WebLinkAbout14-Public Works ,. , ~ 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 Page of 3 I I ~. 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. Page 2 of 3 ." 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. " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " 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 Page 3 3 of