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Home My WebLink About1980-075 I� I RESOLUTION NO. �'C, ° S 1 i � A .RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF i 2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF CONTRACT NUMBER 80-75 BETWEEN SAID CITY AND THE COUNTY OF SAN BERNARDINO RELATING TO THE 3 RE-CONSTRUCTION AND IMPROVEMENT OF FOURTH AVENUE, BETWEEN KENDALL DRIVE AND HILL DRIVE. 4 BE IT HEREBY RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: 5 SECTION ONE: The Mayor of the City of San Bernardino is hereby 7 authorized and directed to execute, on behalf of said City, Contract 8 Number 80-75 between said City and the County of San Bernardino re- 9 lating to the re-construction and improvement of Fourth Avenue, be- f t0 tween Kendall Drive and Hill Drive; a copy of which is attached hereto, 11 marked Exhibit "A" , and incorporated herein by reference as fully as j2 though set forth at length herein. I 13 I HEREBY CERTIFY that the foregoing resolution was duly adopted 14 by the Mayor and Common Council of the City of San Bernardino at an 5 meeting thereof held on the / /X 16 day of -e_-6-2t1a trr 1980, by the following vote, to-wit: AYES: Counci I men 17 NOES: 19 2® ABSENT:'--/- 21 22 SHAURA CLARK, City ClJrk 23 The foregoing resolution is hereby approved this a,S '' ` 24 day of �_ � 2{c..� 1980. 25 P City o an Bernardino 2�i � Approved as to form: 27 /Ifook 1 28 City Att rney County Department CONTRACT NUMBER �. PWA - Transportation D 3� County Department Contract Representative COUNTY OF SAN BERNARDINO ❑ Renewable 13 Terminates John A. Steger Ph.Ext. 2804 Date: STANDARD CONTRACT Budget Unit No. Sub-Object No. Fund No. Job No. Amount of Contract 580 1 9679 1 021 114 H07148 Check One: ❑ Expenditure ® Revenue If contract has more than one payment or receipt, S.S.A.# complete the following. or Federal Number of payments: Employer ID# Estimated amount of each: $ THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereafter called the County, and CITY OF SAN BERNARDINO 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.) WHEREAS, COUNTY and CITY desire to cooperate and jointly participate in the reconstruction and improvement of Fourth Avenue, between Kendall Drive and Hill Drive, hereinafter referred to as "PROJECT"; and WHEREAS, PROJECT is partially in the unincorporated area of the COUNTY and partially within the incorporated area of the CITY, and will be of mutual benefit to the COUNTY and CITY; and WHEREAS, COUNTY and CITY desire to set forth the responsibilities and obli- gations 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 Lead Agency in the planning, design, and construction of PROJECT. 1 .2 Perform all necessary field surveys and materials investigations for design of PROJECT. 1 .3 Prepare or cause to be prepared, construction plans, specifications, estimate of cost and contract documents and submit same to CITY for review and concurrence prior to advertising. 1 .4 Acquire all rights-of-way and/or rights-of-entry determined to be necessary for construction of PROJECT within the unincorporated area of COUNTY. Any provisions on the reverse side and referenced attachments hereof constitute a part of this contract and are incorporated herein in full. 02-12311-107 (Long Form) EXHIBIT "An Page 1 of 3 1 .5 Arrange for relocation of all utilities which interfere with construc- tion of PROJECT which lie within the unincorporated area of COUNTY. 1 .6 Advertise, award, administer, and fund the construction contract re- ferred to hereinabove. 1 .7 Require its contractors to provide the CITY the same indemnity required by the COUNTY during construction, and to include the CITY as an addi- tional insured under the policy of insurance required for the protec- tion of the COUNTY. 1 .8 Accept responsibility for its proportionate share of the total PROJECT cost as determined in accordance with the following terms: a) All cost attributable to rights-of-way and/or rights-of-entry and utility relocation within the unincorporated area of COUNTY, plus b) All PROJECT cost including but not limited to construction, con- struction engineering and preliminary engineering for that portion of the PROJECT located between the centerline of Forty-Second Street and Hill Drive, plus c) Sixty-three (63%) percent of all PROJECT cost including but not limited to construction, construction engineering and preliminary engineering for that portion of the PROJECT located between Kendall Drive and the centerline of Forty-Second Street. COUNTY'S share of the PROJECT cost is estimated to be $45,000. 1 .9 Submit to CITY an itemized accounting of the PROJECT cost and a state- ment for CITY'S share of the cost as provided herein. 1 .10 After acceptance of construction contract work, maintain those portions of PROJECT within the unincorporated area of COUNTY. 2.0 CITY SHALL: 2.1 Permit COUNTY to construct those portions of PROJECT within the incor- porated CITY area. 2.2 Arrange for relocation of all utilities which interfere with construc- tion of PROJECT which lie within the CITY area. 2.3 Acquire all rights-of-way and/or rights-of-entry needed for PROJECT within incorporated area of CITY. 2.4 Reimburse COUNTY, within thirty (30) days after receipt of an itemized statement as set forth in Paragraph 1 .9 of this agreement, all cost of PROJECT to be borne by the CITY as determined in accordance with the following terms a) All cost attributable to rights-of-way and/or rights-of-entry and utility relocation within the unincorporated area of CITY, plus Paae 2 of 3 b) ° Thirty-seven (37%) percent of all PROJECT cost including but not limited to construction, construction engineering and preliminary engineering for that portion of the PROJECT located between Kendall Drive and the centerline of Forty-Second Street. CITY 'S share of the PROJECT cost is estimated to be $20,000. 2.5 After completion of the PROJECT, maintain those portions of PROJECT within the CITY area. 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 juris- diction delegated to the parties under this Agreement. It is also understood and agreed that pursuant 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 del- egated 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. COUNTY OF SAN PER NARD 0 ► CITY OF SAN BERNARD Chairman, o up i rs (State if cor pratt any, etc.) Dated AN 2 8 1980 B ATTESTED: Dated (A horized Sign ure) �L AaAO ► �! Title MAYOR ferk 'of the Board of Supervisors City of San Bernardino Address 300 North "D" Street, San Bernardino 92418 Approved as to legal form R.eviev d as bu et enditure County Counsel County nistrative O fice `�/ Page 3 of 3