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HomeMy WebLinkAbout1992-409 1 2 3 4 5 RESOLUTION NO. 92-409 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CO-OPERATIVE AGREEMENT WITH THE CITY OF LOMA LINDA RELATING TO THE IMPROVEMENT OF TIPPECANOE AVENUE AT ROUTE I-10 FREEWAY. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute, on behalf of said 8 City, a Co-operative Agreement with the City of Lorna Linda 9 relating to the improvement of Tippecanoe Avenue, at Route I-10 10 Freeway. A copy of said agreement is attached hereto, marked 11 Exhibit" An and incorporated herein by reference as fully as 12 though set forth at length. 13 SECTION 2. The agreement shall not take effect until 14 fully signed and executed by both parties. The City shall not be 15 obligated hereunder unless and until the agreement is fully 16 executed and no oral agreement relating thereto shall be implied 17 or authorized. 18 SECTION 3. This resolution is rescinded if the parties 19 to the agreement fail to execute it within sixty ( 60) days of the 20 passage of this resolution. 21 / / / / 22 / / / / 23 / / / / 24 / / / / 25 / / / / 26 / / / / 27 / / / / 28 / / / / 9-22-92 RESO: . AUTHORIZING EXECUTION OF CO-OPERATIVE AGREEMENT WITH CITY . OF LOMA LINDA ON IMPROVEMENT OF TIPPECANOE AVENUE. 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a 4 19th day of October 5 Council Members: 6 ESTRADA 7 REILLY 8 HERNANDEZ 9 MAUDSLEY 10 MINOR reqular meeting thereof, held on the , 1992, by the following vote, to-wit: AYES NAYS ABSTAIN ABSENT x x x x x 11 POPE-LUDLAM 12 MILLER x x 13 14 15 16 17 18 19 Q~A-'-L CJ"Ai',-, Rac 1 Clark, City Clerk day of (")C ~t'>\:J<2..'L- , 1992. The foregoing resolution is hereby approved this Approved as to form 20 and legal content: 21 James F. Penman City Attorney 22 23 24 25 26 27 28 - 2 - , . Res 92-409 CO-OPERATIVE AGREEMENT IMPROVEMENT OF TIPPECANOE AVENUE AT ROUTE 1-10 THIS AGREEMENT is made and entered into this 19th day of October 1992, by and between the City of Lorna Linda, a municipal corporation, hereinafter referred to as "LOMA LINDA," and the City of San Bernardino, a municipal corporation, hereinafter referred to as "SAN BERNARDINO." WITNESSETH: WHEREAS, the section of Tippecanoe Avenue at Route 1-10 experiences severe congestion during certain peak traffic periods; and WHEREAS, Norton AF.B. and Lorna Linda University are principal generators for traffic on this section of Tippecanoe Avenue; and WHEREAS, significant benefits to traffic flows and delays could be achieved by widening Tippecanoe Avenue by about 6 feet on each side, in order to provide two left turn lanes, and interconnecting the traffic signals at the freeway ramps with the traffic signals at Hospitality LanelHardt Street, and perhaps Redlands Boulevard; and WHEREAS, the section of Tippecanoe Avenue south of the north right-of-way line for the Route 1-10 Freeway is under jurisdiction of LOMA LINDA, and the section north of the north right-of-way line of the Route 1-10 Freeway is under the jurisdiction of SAN BERNARDINO; and WHEREAS, LOMA LINDA and SAN BERNARDINO do mutually desire to jointly cooperate in the improvement of Tippecanoe Avenue at the Route 1-10 Freeway. NOW, THEREFORE, the parties agree as follows: 1. SAN BERNARDINO shall: a. Act as the Lead Agency for the project to improve Tippecanoe Avenue. b. Proceed to prepare the necessary plans, specifications and estimates for construction of the widening of Tippecanoe Avenue and interconnection of traffic signals. c. Coordinate development of the plans with Caltrans and secure any required permits. d. Obtain LOMA LINDA's approval of the plans, specifications and estimate prior to advertising for bids. Res 92-409 e. Advertise for bids, award a contract for the construction, and provide contract administration and construction inspection. f. Finance the total project cost, preliminarily estimated at $ * g. Submit a bill to LOMA LINDA for one-half (112) of the total project cost, less any contributions or donations by Caltrans, within thirty (30) days after completion and acceptance of the work by the contractor. 2. LOMA LINDA shall: a. Assist in the identification of utility facilities within the project area and relocation of those in conflict with the improvement. b. Reimburse SAN BERNARDINO within 30 days of receipt of a bill for one- half (1/2) of the total cost of construction (design provided by City of San Bernardino Engineering staff). 3. BE IT FURTHER AGREED BY THE PARTIES HERETO: a. That no party to the agreement, nor officer, nor employees thereof shall be responsible for any damage or liability occurring by reason of anything done or in connection with any work, authority or jurisdiction 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 paries 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. * Engineer's estimate + 10% contingency is approximately $125,000.00. , . Res 92-409 AGREEMENT: Widening and Improvement of Tippecanoe Avenue at 1-10 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 cause this Agreement to be executed by their respective officials thereunto duly authorized. CITY OF LOMA LINDA CITY OF SAN BERNARDINO . /~ 2.7...-/' c:52~~< '_ By .....--- ?/ C =-.- Robert H. Christman, Mayor ATTEST: ATTEST: E~N~~M-IJ~ City Clerk Q.~/u~ c.L<tLf~- City Clerk Approved as to form and legal content: Approved as to form and legal content: ~ // '" ." ,- ,. .~ ~ ./ . .,. ". ..,A .." / ~:-I ~ . ." "_ b.;/"''o Eugene A Demchuk, City Attorney