HomeMy WebLinkAbout1989-105
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RESOLUTION NO.
89-105
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE CITY OF COLTON FOR REHABILITA-
3 TION OF PAVEMENT ON MT. VERNON AVENUE, FROM GRANT STREET TO
SECOND STREET.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mayor is hereby authorized and directed
7 to execute on behalf of said Ci ty a Master Agreement wi th the
8 City of Colton for Rehabilitation of Pavement on Mt. Vernon
9 Avenue, from Grant Street to Second Street, which agreement is
10 attached hereto marked Exhibit "A", and incorporated herein by
11 reference as fully as though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the Ci ty of San
14 Bernardino at a
regular
meeting thereof, held on the
15 l7thday of
April
, 1989, by the following vote, to-wit:
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day of
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AYES: Council Members
Estrada, Reilly, Flores,
Maudsley, Minor. Pope-Ludlam, Miller
NAYS: None
ABSENT: None
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- Ci ty Clerk
The foregoing resolution is hereby approved this /92,.[-
April
, 198r;; . /).- /'
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/V "~/~-,,,--( .J'~-,. ,/ // /L- P ...E-!f--/ ,..
" Evlyrl Wilcox, Mayor -
City of San Bernardino
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3/29/89
25 Approved as to form
and legal content:
26 James F. Penman
27 City !tttorney
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By ''11/~ 7;/ (:~-'}.~
(J
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AGREEMENT
THIS AGREEMENT, made and entered into thi s 21st
February
1989, by and between the City of San
Bernardino, a municipal corporation of the State of California,
herei nafter referred to as IISAN BERNARDINOII, and the Ci ty of
Colton, a municipal corporation of the State of California,
hereinafter referred to as IICOLTONII.
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19 and
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WITNESSETH
WHEREAS, the Pavement Rehabilitation of Mt. Vernon
11 Avenue, from Grant Street to Second Street, and
12 WHEREAS, Colton and San Bernardino propose to utilize
13 Federal Aid Urban Funds and/or other avai lable funds to fi nance
14 thei r respecti ve shares of the cost for rehabi 1 i tati on of thi s
15 section of Mt. Vernon Avenue; and
17 wi th in the i ncorpora ted 1 i mi ts of San Bernard i no, wi th the
WHEREAS, approximately 90% of the proposed project is
18 remaining 10% located within the incorporated area of Colton,
~~HEREAS, San Bernardino and Colton do also mutually
21 desire to specify herein the terms and conditions under which
22 said project is to be constructed, financed and maintained; and
24 1988-89 fiscal
25 $407,800.00.
26 IIII
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1/18/89
WHEREAS, constructi on of project is proposed for the
year, at a total prel iminary estimated cost of
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EXHIBIT IIAII
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NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
SECTION ONE: SAN BERNARDINO SHALL --
1.01 Perform all necessary fi el d surveys, soi 1 tests
and materi a 1 s i nvesti gati ons necessary for
design of said improvements.
1.02 Act as lead Agency in securing Environmental
Rev i ew approva 1, prepare a 11 requ i red reports,
agreements, obtain all permits necessary to
accomplish said improvements, and secure
approva 1 from Ca 1 trans for expendi ng F AU funds
on the project to finance approximately 86% of
the total project cost.
1.03 Prepare construction plans, specifications,
estimate of quantities .and costs, and contract
documents.
1.04 Arrange for relocation or removal of all
utilities which are in conflict with said
improvements.
1.05 Submit plans, specifications and estimate to
Colton and obtain approval thereof prior to
advertising for bids.
1.06 Provide adequate construction inspection of all
items of work performed under construction
contract referenced hereinabove, and maintain
records of inspections and materials test for
review by Colton.
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1.07
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Maintain a detailed record of any proposed
changes to the approved Plans and
Specifications, and secure Colton1s approval
prior to authorizing any major changes thereof.
Submit a set of liAs-Built" plans to Co"lton upon
completion of project.
Adverti se, award, admi ni ster and fund a
construction contract for the hereinabove
referenced improvements.
Provide funds to finance all costs of the
project, including preliminary engineering,
construction engineering, construction con-
tract, applicable overhead charges, and any
other costs directly attributable to project.
Submi t an accounti ng to Col ton of a 11 costs
charged to the project, along with a statement
for Colton's share of the cost.
Upon completion of the project, assume
responsibi 1 ity for maintenance of the portion
of the improvements within the limits of San
Bernardino.
Provide City Funds to finance 90% of the local
agency share, consisting of approximately 14%
of the total project cost.
Require the Contractor(s) to provide single
limit insurance covering bodily injury and
property damage in an amount of not 1 ess than
one million ($1,000,000.00) dollars. Said
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insurance shall name Colton as an additional
insured party.
SECTION TWO: COLTON SHALL
2.01 Permit San Bernardino to improve those portions
of Mt. Vernon Avenue, between Grant Street and
Johnson Street, within the corporate limits of
Col ton, in accordance wi th the approved Pl ans
and Specifications.
2.02 Assist San Bernardino in accomplishing the
removal or relocation of utilities in conflict
with the said improvements.
2.03 Reimburse San Bernardino within 30 days after
recei pt of an i temi zed statement of cost for
Colton's share. Colton's share will be 10% of
the local agency's share, and is estimated to
be $5,709.00; but in no event shall Colton's
total obl igation under thi s agreement exceed
$6,280.00, provided that Colton may, at its
sole discretion, in writing, authorize a
greater amount.
2.04 Upon completion of the project, assume main-
tenance of the improvements to be constructed
within the incorporated area under jurisdiction
of Colton.
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1 SECTION THREE: BE IT FURTHER AGREED BY THE PARTIES
2 HERETO
3 3.01 That no party to the agreement nor officer nor
4 employees thereof shall be responsible for any
5 damage or liability occurring by reason of any-
6 thing done or in connection with any \'lJork,
7 authority or jurisdiction delegated to the
8 parties under this Agreement. It is also
9 understood and agreed that pursuant to
10 Government Code Section 895.4 each party shall
11 fully indemnify and hold all other parties
12 harmless from any liability for injury (as
13 devined by Government Code Section 810.8)
14 occurri ng by reason of anythi ng done or
15 omitted to be done under or in connection with
16 any work, authority or jurisdiction delegated
17 under this Agreement.
18 THIS AGREEMENT shall inure to the benefit of and be
19 binding upon the successors and assigns of the parties involved.
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IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed by their respective officials
thereunto duly authorized.
CITY OF SAN BERNARDINO
ATTEST:
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By: }A~?d~~#/
City Clerk
By :
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t r-' ,.:{{, J' / 1\ /. ~y
I /':./c/c '/<"/l/ L.'// / A j/ ~e..{; ,
J EVLY~ WItC~X, May~r
City of San Bernardino
,/ /,;;;/"'C}'
7:<// 1/;.~' I
Approved as to Form and
Legal Content:
By:
CITY OF COLTON
ATTEST:
By: ~C;.~
City Clerk
B~d~
ANK GO A E , Mayor
City 0 ton
Approved as to Form and
Le al Content:
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