Loading...
HomeMy WebLinkAbout1985-021 16 17 18 19 20 21 22 23 24 25 26 27 28 I 1 RESOLUTION NO. 85-'1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEt1ENT WITH THE SOUTH SAN BERNARDINO COUN1Y WATER DISTRICT 3 RELATING TO CONSTRUCTION OF THE NEW TIPPECANOE AVENUE BRIDGE OVER THE SANTA ANA RIVER. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is hereby 7 authorized and directed to execute, on behalf of said City, A Cooperative 8 Agreement with the South San Bernardino County Water District relating to installation of a 12" water line in connection with construction of the 9 10 new Tippecanoe Avenue Bridge over the Santa Ana River, which agreement is 11 attached hereto, marked Exhibit "A" and incorporated herein by reference 12 as fully as though set forth at length. SECTION 2. The agreement shall not take effect until fully signed and executed by both parties. The City shall not be obligated hereunder unless and until the agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. 13 14 15 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a reg~l JoT meeting thereof, held on the day of 21st JEl.nllFlrV , 1985, by the following vote, to-wit: AYES: Council Members Ca~taTlf'di1_ Rpi 11:, l-ip.....nrlnr1~'7 Marks 011iel FrA7i~r ~'~ri~k10r NAYS: ABSENT: None None ~~~~~ / C1ty C erk 1 The foregoing resolution is hereby approved this ::::31'/ day of 2 Janua.r-.:.r 3 4 5 6 7 8 9 Approved as to form: 10 II II I I '~ :1 II / /I~~~ i City Attorney I I' ,I 'i 'I I 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 26 27 28 , 1985. - 2 - COOPERATIVE AGREEMENT This Agreement, entered into this 14th day of Januarv. 1985 1985, between the South San Bernardino County Water District, hereinafter referred to as "District," and the City of San Bernardino, a municipal corporation, hereinafter referred to as "City." WITNESSETH WHEREAS, the District finds it desirable to place a 12-inch water line in Tippecanoe Avenue to provide for future needs of the District; and WHEREAS, the City is prepared to award a contract to reconstruct Tippecanoe Avenue between San Bernardino Avenue and Central Avenue which includes replacing the bridge over the Santa Ana River; and WHEREAS, the design of this project has provided space in the bridge structure for the proposed water line facility; and WHEREAS, the District and City desire to set forth the responsibilities and obligations of each agency in relation to the installation of the 12-inch water line as part of the construction contract for the street and bridge proj ect; NOW, THEREFORE, it is mutually agreed as follows: 1.0 City Agrees: 1.1 To act as lead agency for the installation of the 12-inch water line. 1.2 To include Bid Item No. 95 in the construction contract, to provide the material and labor to install this 12-inch water line as part of the project, at the low bid price of $75,000.00. 2.0 District Agrees: 2.1 To reimburse the City for the amount paid to the Contractor on EXHIBIT "A" the monthly progress payments to perform the work of furnishing and installing the 12-inch water line in accordance with the plans and specifications for the project. 2.2 To provide this reimbursement within 10 days after receiving a bill from the City based on progress payments made to the Contractor. 3.0 It is Mutually Agreed 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 This Agreement may be amended or modified at any time upon mutual agreement of the parties hereto. Dated January 14. 1985 ,::3 J~?,F SOUTH SAN BERNARDINO /yy fl DISTR~CT ~. Bo.,' of Oi"oto', ...#.2U#~.-&"~ crty Cl erk - 2 _. APPROVED AS TO FORM: t.i~~~ ty Att rney - 3 -