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1 RESOLUTION NO. 1..3/1/
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF CONTRACT NUMBER 77-787 BETWEEN SAID
3 CITY AND THE COUNTY OF SAN BERNARDINO RELATING TO CONSTRUCTION OR CERTAIN
IMPROVEMENTS TO THE TRAFFIC CONTROL SYSTEMS ON TIPPECANOE AVENUE AT THIRD
4 STREET AND NINTH STREET.
5 BE IT HEREBY RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION ONE: The Mayor of the City of San Bernardino is hereby
authorized and directed to execute, on behalf of said City, Contract
Number 77-787 between said City and the County of San Bernardino relating
to construction of certain improvements to the traffic control systems on
Tippecanoe Avenue, at Third Street and Ninth Street; 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 CODDllon Council of the City of San Bernardino at a/.Tl +w,/
meeting thereof held on the. 9 d .. .
, 1978, by the following vote, to-wit:
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NOES: 'lZhi ;/
ABSENT: ;;:~",J"7U.,J ~../t.<t--'
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City erk
e foregoing resolution is hereby approved thi I/"/i;
day of
1978.
o
JAN 12 1978
LU;.'~,E <t9FORTH, City Clerk
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STANDARD CONTRACT
County Department
PWA Transportation
County Department Contract Representative
CONTRACT NUMBER
7-71"
John A. Steger
2804
o Renewable 0 Terminates
Date: ,
Job No.
Amount of Contract
Budget Unit No.
580
Sub-Object No.
2189
17H05092 N/ A
Check One: 0 Expenditure
S.SA
o Revenue
If contract has more than one payment or receipt,
complete the following.
Number of payments:
Estim&ted amount of each: $
or Federal
Employer 10 #
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereafter
called the County, and
the City of San Bernardino, a municipal corporation of the State of California
hereafter called CITY
IT IS HEREBY AGREED AS FOLLOWS:
. (Use space below and reverse side of form if needed. 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, COUNTY contemplates improyements to the traffic control system and
safety 1 ighting at the intersections of Third Street and Tippecanoe Avenue and at
Ninth Street and Tippecanoe Avenue; and
WHEREAS, it has been determined that such improvement, hereinafter referred to
as "PROJECT" should generally consist of reconstruction of the traffic signal system
at the Third Street intersection and modification including installation of con-
troller, pedestrian indicators and inductive loop detectors at the Ninth Street
intersection; and
WHEREAS, PROJECT is partly within the corporate limits of CITY; and
WHEREAS, COUNTY and CITY will mutually benefit and desire to cooperate and
jointly participate in PROJECT, to be constructed under the Federal Aid Urban (FAU)
program; and
WHEREAS, COUNTY and CITY do also desire to set forth the responsibilities and
obligations of each as pertains to such participation and to the design, construction
and future maintenance of the proposed improvements.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1,0 COUNTY SHALL:
1,1 Act as the lead agency in the development of PROJECT including the develop-
ment of the environmental report as required for Federal-aid highway pro-
jects and conformance with areawide review procedures. .
1.2 Perform all necessary field surveys and materials investigations for design
of PROJECT,
Any provisions on the reverse side and referenced attachments hereof constitute a part of this contract and are
incorporated herein in full.
EXHIBIT "A"
02-12311-107 (Long Form)
Page 1 of
3
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1.3 Prepare construction plans, specifications and estimates of quantities
and costs in accordance with procedures prescribed by the Federal Highway
Administration for Federal participation in construction of PROJECT.
1.4 Submit plans, specifications and estimate for PROJECT to CITY and obtain
approval thereof prior to advertising.
1.5 Comply with public hearing requirements applicable to Federal-aid projects.
1.6 Arrange for relocation of all utilities which interfere with construction
of PROJECT which lie within the unincorporated area of COUNTY.
1.7 Acquire at its sole expense, all rights-of-way and/or rights-of-entry deter-
mined to be necessary for construction of PROJECT within the unincorporated
a rea of COUNTY.
1.8 Certify to the Federal Highway Administration by Resolution of the Board
of Supervisors that all rights-of-way and rights-of-entry for PROJECT have
been acquired.
1.9 Upon completion of construction, certify to CITY that PROJECT has been
accomplished substantially in accordance with approved plans and specifica-
tions and furnish CITY a set of "As Built" plans.
1.10 Fund the local cost of PROJECT to be apportioned between CITY and COUNTY
in accordance with the terms of this agreement.
1.11 Accept responsibility for its proportionate share of the local cost of
PROJECT as determined in accordance with the following terms:
a. Fifty (50) percent of all local costs associated with portion of
PROJECT to be constructed at Ninth Street and Tippecanoe Avenue and
Seventy-five (75) percent of portion of PROJECT to be constructed
at Third Street and Tippecanoe Avenue.
b. Local cost shall include all PROJECT costs not reimbursed by Federal
funds for preliminary engineering, construction engineering, construc-
tion contracts, applicable overhead charges, and any other costs
directly attributable to said PROJECT.
1.12 Submit a bill to the CITY for its share of the local cost of PROJECT in
accordance with the terms of this agreement.
1.13 Upon completion of construction, pay the maintenance and power cost of
those portions of the PROJECT within the unincorporated area of the
COUNTY in accordance with standard maintenance agreements covering such
installations.
2.0 CITY SHALL:
2.1 Arrange for relocation of all utilities which interfere with construction
of PROJECT which lie within the incorporated area of CITY.
2.2 Acquire, at its sole expense, all rights-of-way and/or rights-of-entry
needed for PROJECT within incorporated area of CITY.
2.3 Pay to COUNTY within 30 days of billing, as set forth in paragraph 1.12 of
this agreement, all costs of PROJECT to be borne by CITY in accordance
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w.ith .the fo 1i ow; ng terms:
a. Fifty'(50) percent of all local cost associated with portion of PRO-
JECT to be constructed at Ninth Street and Tippecanoe Avenue and
Twenty-five (25) percent of portion of PROJECT to be constructed at
Third Street and Tippecanoe Avenue.
b. Local cost shall include all PROJECT costs not reimbursed by Federal
funds for preliminary engineering, construction engineering, con-
struction contracts, applicable overhead charges, and any other
cost directly attributable to said PROJECT.
2.4 Upon completion of construction, pay the maintenance and power costs of
those portions of the PROJECT within the corporate limits of the CITY in
accordance with the standard maintenance agreements covering such
installations.
3.0 BE IT FURTHER AGREED BY THE PARTIES HERETO:
3.1 That no party to the 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 any other party to the agreement under or
in connection with any work, authority or jurisdiction delegated to the
parties under this Agreement. It is also understood and agreed that pur-
suant to Government Code Section 895.4, each party shall fully indemnify
and hold all other parties harmless from any liability 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.
or jurisdiction delegated 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.
~~'NO
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C airman, Board of Supervisors
NOV 2 1 1977
CITY OF SAN BERNARDIN
(State if
Dated
By
ATTESTED:
~-/~~~~~
of the Boar of Supervisors
Dated
Title Mayor
Address
Id II" {-,1
,
ATTEST:
By.
Approved as to lejiform
· L ~
County Counsel
page..l...- of 3
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. . MINUTES OF THEI'\OARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
l\E: AGREE: 1~77-787: CITY OF SAN EDNO.: COOP. AGREE: IMPROVEMENTS RE
TIPPECANOE AVE.: APPROVED
A~ting on the recommendation of the Director of Transportation John
Shone, on motion by Supervisor Mayfield, duly seconded by Supervisor
Kamansky and carried, the Board of Supervisors hereby approves a
cooperative Agreement t77-787 between the County throurh the Transpor-
tation Deparrment and the City of San Bernardino providinp, for improve-
ment of the t.raffic control system on Tippecanoe Avenue at the
intersections of Third Street and at ranth Street; further, the Board
authorizes the Chairman to sign said agreement indicating this Board's
approval of the terms and conditions therein contained.
PASSED AND ADOPTED by the Board of Supervisors of the County of San
Bernardino, State of California, by the following vote:
AYES:
NOES:
:ABSENT:
SUPER's'ISORS:
SUPERVISORS:
SUPERVISORS:
Mayfield, Kamansky, Hansberger
None
Hammock, Townsend
(eh)