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HomeMy WebLinkAbout12973 10 11 12 13 14 15 16 " 1 RESOLUTION NO. /0< '173 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BENEEN SAID CITY AND THE 3 COUNTY OF SAN BERNARDINO .RELATING TO INSTALLATION OF EARTHQUAKE RESTRAINERS ON THE SAN TIMOTEO CREEK BRIDGE AND SANTA ANA RIVER BRIDGE, ON WATERMAN AVENUE. 4 BE IT HEREBY RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 6 OF SAN BERNARDINO AS FOLLOWS: SECTION ONE: The Mayor of the City of San Bernardino is hereby 7 authorized and directed to execute on behalf of said City an Agreement between 8 said City and the County of San Bernardino relating to installation of earth- 9 quake restrainers on the San Timoteo Creek Bridge and Santa Ana River Bridge, on Waterman Avenue; a copy of which is attached hereto, marked Exhibit "A", and incorporated herein by reference as fully as though set forth at length herein. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and CollllOOn Council of the City of Sa/) Bernardino at a 7~ meeting thereof, held on the J4day Of~~ , 1977, 17 by ,by f.ll~'n, ~'" ~ ~ ~ ) d -1/ ... u.. A=9l;;~ /3/fi,:iJry.:&; ) 18 19 NOES: ~ ABSENT' W ~AA7 ~ / /4 is hereby approved this / day of 20 ,~~/ 21 22 23 24 ~ The foregoing resolution / ~ , 1977. 25 26 27 l1ino 28 Approved as to form: ~P'~/PCA, City Attorney OCT ~Z~11kQ~.::: - . . .< , . -., , . AGREEMENT and entered into this NOV 7 1977 day of , 19___, by and between the COUNTY OF SAN BERNARDINO, a body corporate and politic of the State of California, hereinafter known as "COUNTY," and the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as ItCITY." WITNESSETH WHEREAS, there exists a need to install earthquake restrainers on San Timoteo Creek Bridge and Santa Ana River Bridge on Waterman Avenue; and WHEREAS, the west half of the roadway on Waterman Avenue lies. within the incorporated area of the CITY; and WHEREAS, CITY has indicated it is willing to participate in the costs of this proposed reconstruction; and WHEREAS, COUNTY and CITY do mutually desire to cooperate and jointly participate in the installation of earthquake restrainers on Ban Timoteo Creek Bridge and Santa Ana River Bridge on Waterman Avenue. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1.0 COUNTY SHALL: 1.1 Prepare construction plans and estimates of quantities and costs necessary for the installation of the earthquake restrainers. 1.2 Submit plans, specifications and estimate to the CITY for review and approval prior to advertising for bids. 1.3 Install the earthquake restrainers by contract. 1.4 Fund the entire cost of the project. EXHIBIT "A" p~ O"P 1 of ':\ . . . . . . ~ . ~ 1.5 Upon completion of construction, invoice the CITY for one half (1/2) the contract item cost for installing restrainer units on the two (2) bridges. 2.0 CITY SHALL: 2.1 Review and approve plans when submitted by COUNTY. 2.2 Upon receipt of invoice from COUNTY, reimburse COUNTY for contract item cost. It is estimated that CITY'S share will be approximately $10,875.00, however, the actual amount will be determined by COUNTY based upon contract item cost. 3.0 IT IS FURTHER AGREED THAT: 3.1 Neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 3.2 Pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold COUNTY 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 by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 3.3 Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction not delegated to CITY under this Agreement. Page 2 of 3 ." - " .. ~ ~ r- .-.----~ 3.4 Pursuant to Government Code Section 895.4, COUNTY shall fully indemnify and hold CITY 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 by COUNTY under or in connection with any work, authority or jurisdiction not delegated to CITY under this Agreement. THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of the parties involved. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officials thereunto duly authorized. ATTEST: LEONA RAPOPORT, Clerk of the Board of Supervisors of the County of San Bernardino ~ 81~/1-t;~//;, ~1'1 Approved as to form this I <J day of .tJ1'A- , 19 II M. CRANE KITCHELL' ~TY OF S~DINO By ~ 'sI''''# .../ , Chairman, Board of Supervisors By ? 9...-t.......- - Deputy County Counsel ~~~~ City Clerk APPROVED,AS TO FORM AND CONTENT: By AALPH Ii. PRlNC:a; City Attorney n_~_ 'l ......l= '1