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HomeMy WebLinkAbout1988-071 i ..... , . .~. 4 1 2 3 4 RESOLUTION NO. 88-7] RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SOUTHERN PACIFIC TRANSPORTATION COMPANY RELATING TO INSTALLATION OF A PRE-EMPTION CIRCUIT AT THE HUNTS LANE GRADE CROSSING. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 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, an agreement with the Southern Pacific Transportation 9 Company relating to the installation of a pre-emption circuit 10 at the Hunts Lane Grade Crossing, which agreement is attached 11 hereto, marked Exhibit II All and incorporated herein by reference 12 as fully as 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 rel ating thereto shall be impl ied 17 or authorized. 18 I HEREBY CERTIFY that the foregoing resolution was 19 duly adopted by the Mayor and Common Council of the City of San 21 day of March 22 AYES: 23 24 NAYS: 25 ABSENT: 26 27 28 2/01/88 meeti ng thereof, hel d on the 7t-h , 1988, by the following vote, to-wit: 20 Berna rd i no a t a regular Council Members Estrada. Flores, Maudsley, Minor. Miller None Council members Reilly, Pnpe-LniilAm ~#R4/~1t/ .~~ City Clerk .. . " ". . .' '1 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . Pre~~mption Circuit 1 2 day of The foregoing resolution is hereby approved this ?~~J March , 1988. ~/1 1 -.. ~ ,,/ /...;.' / ,./7 r I ./ .' I j /1' ,'1 ((:) ~( -A--' / /~~ Mayor of tte City of San 8, nardino 3 4 5 Approved as to form 6 and 1 ega 1 content: /1\ f.~~ Attorney -/ 2/01/88 - 2 - [ RAP / r b . - VI, - 1/ 7 / 8 8 - 5 6 3 0 / 3 21- 2 ] B0- 7/ .,. , 4, R ~ l-M \ S.' I3 -5'1/, 0 THIS AGREEMENT, made this 25TH day of .;.rAN UA R Y , 1 988, by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a corporation, herein termed "Railroad," and CITY OF SAN BERNARDINO, a municipal corporation of the State of California, address: City Hall, San RECITALS: Bernardino, California, herein termed "City"; The parties hereto desire to set forth by this instrument their agreements with respect to the installation of a traffic preemption circuit for City's traffic signal operation at Caroline Street, in the City of San Bernardino, County of San Bernardino, State of California. AGREEMENT: 1. Railroad shall furnish the necessary labor, materials, tools and equipment to install and shall install an underground conduit and wiring between Railroad's control box and City's conduit at Hunts Avenue, Lorna Linda, California, opposite Engineer's Station 4213+26, Mile Post 541.0 in the location shown on the print of Railroad's Los Angeles Division Drawing A-14137, sheet No.1, revised September 4, 1987, attached and made a part hereof. Installation of and all materials for said preemption circuit shall be in accordance with Railroad's usual standards. 2. City agrees to reimburse Railroad for one hundred percent (100%) of the cost and expense incurred by Railroad in furnishing materials and performing the work specified above. Estimated amount reimbursable to Railroad by City is One Thousand Seven Hundred Five Dollars ($1,705). 3. Railroad shall submit to City a bill for its share of the estimated cost upon completion of the work contemplated, which bill City agrees to promptly pay. Should the actual cost prove, upon completion of audit, to be more or less than the estimated cost, the difference shall be promptly paid by City or refunded by Railroad, as the case may be. 4. The work to be performed by Railroad hereunder shall be commenced as soon as labor and materials are available following execution of this instrument and shall be completed within one (1) year thereafter. EXHIBIT II All '.- --- ... ",. 5. This agreement shall be binding upon and inure to the benefit of the successors and assigns of Railroad and the assigns of City. 6. city shall operate and maintain the premption circuit installed pursuant to this Agreement. 7. Each party hereby agrees to indemnify, save and hold harmless, each the other, its employees and agents, from all liabilities and charges or damages arising or growing out of the acts of each performed in conformance with this agreement. CITY OF SAN BERNARDINO ATTEST: g.... / .)", ~. 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