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HomeMy WebLinkAboutContracts & Agreements_33-1978 / r 1 AGREEMENT 2 THIS AGREEMENT made and entered into this f6e r day of 3 y , 1978, by and between the CITY OF SAN BERNARDINO a 4 municipal corporation of the State of California, hereinafter referred to 5 as "SAN BERNARDINO" and the CITY OF REDLANDS, a municipal corporation of the 6 State of California hereinafter referred to as "REDLANDS". 7 WITNESSETH 8 WHEREAS, Alabama Street washed out at its crossing with City Creek; 9 and 10 WHEREAS, the West one-half of the roadway is under the jurisdiction of it SAN BERNARDINO and the East one-half of the roadway is under the jurisdiction 12 of REDLANDS; and 13 WHEREAS, SAN BERNARDINO and REDLANDS desire to cooperate and jointly participate in the repair of the Alabama Street washout; and 14 WHEREAS, it is mutually beneficial to SAN BERNARDINO and REDLANDS TO 15 open the road to through traffic; and 16 WHEREAS, SAN BERNARDINO and REDLANDS are willing to share all costs of 17 1 the project on a 50-50 basis; and 18 WHEREAS, the project consists of construction and maintenance of a 19 temporary detour and the construction of a culvert of adequate size under 20 1 1 Alabama Street at City Creek and the reconstruction of Alabama Street at the 21 new culvert, and estimated to cost as follows. 22 1 1 Temporary Detour to include necessary earthwork, four 48" corrugated 23 1 steel pipes for drainage, aggregate base, asphalt overlay, striping, and 24 signing for two lane roadway - $ 10,000 25 Reinforced Concrete Culvert and Roadway 26 Reconstruction to include compacted backfill, aggregate base, asphalt 27 overlay, striping and signing for a two lane roadway - $127,165 28 1 Design and Construction Engineering to include necessary preliminary 2 investigation, plans, specifications, estimates, and contract documents and 3 construction surveys, engineering laboratory tests and reports, contract 4 administration and construction supervision and inspection - $ 20,000 5 Total Estimated Cost $ 157,165 6 WHEREAS, it is in the public interest that said repair and construction 7 be undertaken and completed 8 NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL' PROMISES HEREINAFTER SET 9 FORTH, IT IS MUTUALLY AGREED AS FOLLOWS 10 1.0 SAN BERNARDINO SHALL: 11 1.1 Act as lead agency and perform all engineering, construction and 12 maintenance of the temporary detour, contract award and contract 13 administration and all other work necessary to restore Alabama 14 Street for public use i5 1.2 Submit itemized invoices to REDLANDS for one-half of all costs 16 incurred, deducting therefrom the cost of any support given by 17 REDLANDS and mutually agreed to. Such costs to include but not 18 limited to the following: 19 . Construction Contract Costs. 20 SAN BERNARDINO Street Division costs for constructing 21 temporary detour using SAN BERNARDINO personnel 22 charged at payroll and overhead rate and equipment 23 charged at the rental rate currently allowed by the Federal Disaster Assistance Administration. 24 25 Soils and Concrete laboratory tests and reports 26 . Design and construction engineering to include payroll and overhead charges for personnel, printing of maps, 27 engineering reports and documents, and administrative 28 -2- 1 overhead. 2 1.3 Share all disaster relief funds obtained on this project on a 3 50-50 basis with REDLANDS upon receipt of such funds. 4 1.4 Share with REDLANDS, on an equal basis all salvaged materials 5 removed during the repair and reconstruction of the project, 6 including the 48" corrugated pipe of unknown length existing at the site prior to the washout damage. 7 8 2.0 REDLANDS SHALL. 2.1 Pay all invoices received on the 10th day of the month following receipt of the invoice. 10 2.2 Provide, to the extent REDLANDS is able, equipment and operators 11 to assist in the construction of the detour. 12 2.3 Obtain as expeditiously as possible at no cost to San Bernardino, 13 the necessary rights of entry or temporary right-of-way for 14 construction of the detour. 15 2.4 Have the right to approve plans and contract documents prior to 16 the construction of street and drainage improvements outlines. 17 3 0 IT IS FURTHER AGREED THAT 18 3 1 TERM This Agreement shall be in effect for one year from the date 19 signed or until the work is completed, whichever is sooner, 20 unless extended by the mutual consent of the parties hereto 21 3.2 This Agreement is not assignable by any parties hereto 22 3 3 Neither party to the Agreement nor officers nor employees thereof 23 shall be responsible for any damage or liability occurring by 24 reason of anything done or omitted to be done by other party 25 to the Agreement under or in connection with any work, authority 26 or jurisdiction delegated to the parties under this Agreement 27 It is also understood and agreed that pursuant to Government 28 -3- L,m 4 II 1 Code Section 895.4 each party shall fully indemnify and hold 2 the other party harmless from any liability for injury (as 3 defined by Government Code Section 810.8) occurring by 4 reason of anything done under or in connection with any work, 5 authority or jurisdiction delegated under this Agreement 6 3.4 Whenever consent, approval, permission or any other act of 7 authorized parties of SAN BERNARDINO and REDLANDS may be 8 required according to the provision of this Agreement, the 9 parties agree that such consent, approval, permission or other 10 act shall not be unreasonably withheld or delayed by the party 11 or parties of whom the same is required 12 This Agreement shall inure to the benefit of and be binding upon the 13 successors and assigns of both parties IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be 14 executed by their respective officials thereunto duly authorized. 15 16 ATTE ST CITY OF SAID BERNARD O ...,,,2 -<-I 17 ,"�fs-b By Ci�� ,G1e � � `; Mayor G li 1 1 } 19 AT ST. \ CITY OF REDLANDS 120 I ) By /ice d <_ t ,�� s, City 'fie • M or 21 , 22 , Appro'ue .7 to form' 10. 23 Aeet, / ../ City Att. ney 24 City of San Bernardino 25 q7 ° City Attorney i 26 City of Redlands r 27 28 I -4- c---- 4 _ ,r3 1 �' , (. ' 1 ; S©LJTIEl3 NO. fi 2` cttyxa«: `-;.sSY 7' 41'rA F r A RESOLUTION OF�THE MAYOR AND COMMON COUNCIL OF THE CITY OF SM 1 ZR`i ARDD0 AUT11OBIZING,TUE =calm OF A` ACI .L??. AT $LT4t} I SAID CITY AND, TIM CITY'QF;URA' & LA.ZING:Ttl_ItCONST:UCTTIOi1 CV Tf ROADWAY ANp DRAINAGE._..._..' 44 STRUCTURE 2}L OU'AL A:3A d ST1i T- T CITY an __ .hr a a. - ' 4 s i „ .~ ,1 Ev _ ; rOL� tlAYOR A O ) COUNCIL ©i'`THL* : `Or=S A BERNARDIRK AS,HOLLOWS; M 3 r'�$ n -_ --- __.�.,�.....- ---.. "&per * 6} 1 r ., The Hayor of the City of San Bernardino is hereby authorized and r 77 directed to execute on behalf of said city an Agreement between said City $ 4 dr aIn and the City of Redlands relating to �reeosastruetir�ri�i�t�xe ro�,1i�y;�,. __.. structure on Alabama Street at City Creek, a c:apy of hIch attaeled ruto, RI) marked 1T hibit "A?', and incorporated herein by reference az fully as thor gh if I set forth at length herein. i 11 1 ; I HEREBY CERTIFY that the forgoing resolution was duly adopted T 1 by the Mayor and Coen Council of the City of San Bernardino at a /x1 i - 14 1 2.2�� w meeting thereof helc on the / 1 1°5 day of .e.-.- , 1978, by the fo lowing vote, to-wit. t 16 A -S: Cvux ci n ) g: v Y S NOES: / , 19 ABSENT: `77,)'L-4 . 2Q 2I. Lf CI ,LE GOFORTU j ` 22 L�� .c�, - C erg 4 e foregoing resolution is hereby approved this „ ,, /'C , 23 day of f , 1978. 24 _ . R >-L-�,� _ ..a ev'�1�3 25 _.._- Mayor of the City of San Bernardino 26 Approved as to form: 27 28 RALPH -- ---�--,�' City Attorney Fe. /K f/ _ �— State of California ) fn County of San Bernardino ) SS 2 City of San Bernardino ) �f 3 I do hereby certify that the foregoing Resolution No. 9 _, / is a full, try and correct copy of that now on file in this office. / IN WITNESS WHEREOF, I have hereunto set my hand and affixed the 5 se 1 of the City of San Bernardino, this day of , 1978. 6 ff 7 (310 Clerk 9 10 ' � 43e.;* 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY MANAGER (Continued) On motion of Councilman DeMirjyn, seconded by Council- Grant Deed man Knudsen, authorization was unanimously given to Park accept a Grant Deed for property for park purposes on Judson Street between San Bernardino Avenue and Penn- sylvania Avenue. A Grant of Easement from the City of Redlands to the Easement United States of America for a portion of the California to United Street land-fill site with termination date of January States of 3, 1987, was unanimously approved on motion of Council- America man DeMirjyn, seconded by Councilman Knudsen. This approval includes authorization for the Mayor and City Clerk to sign the documents in behalf of the City. An agreement with the Redlands Unified School District for the furnishing of water for the turfed area in connection with the Kimberly School and Crafton School Turfing was discussed at very great length and approved on mo- Agreement tion of Councilman Knudsen, seconded by Councilman Elliott, by the following roll call vote: AYES : Councilmembers Knudsen, Elliott; Mayor Martinez NOES : Councilmembers DeMirjyn, Riordan ABSENT: None On motion of Councilman Knudsen, seconded by Councilman Agreement DeMirjyn, approval was given for the City to enter into Alabama an agreement with the City of San Bernardino for the re- Street pair of the damage on Alabama Street as it crosses City Construction Creek. This was given unanimously on motion of Council- man Knudsen, seconded by Councilman DeMirjyn. Street Superintendent John Donnelly presented a map and a description of the property needed in the realignment Property of Sunset Drive to intersect with the southerly exten-- Purchase sion of Wabash Avenue. The present value of the property Sunset Drive is $13, 500 and Mr. Donnelly recommends Council approval of this purchase. On motion of Councilman DeMirjyn, seconded by Councilman Elliott, unanimous approval was given for this purchase with Gas Tax Funds of Parcel No. 176-106-01. City Manager Mitchell presented an application from the Alcoholic Beverage Control for on-site license at the Sizzler Restaurant. Page five - July 18, 1978