HomeMy WebLinkAbout1986-217
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RESOLUTION NO. 86-217
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO
ELATING TO THE INSTALLATION OF AUTOMATIC GATES AND WIDENING OF
4 GRADE CROSSING NO. 2U-4.2 ON TIPPECANOE AVENUE.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The ~1ayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
n agreement with the County of San Bernardino relating to the
Onstallation of automatic gates and widening of Grade Crossing No.
U-4.2 on Tippecanoe Avenue, a copy of which is attached hereto,
arked Exhibit II All and incorporated herein by reference as fully
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s th 0 ugh se t forth at length, but such award will be effective
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nly upon the contract being fully signed.
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SECTION 2.
Execution and Amendments. This agreement and
ny amendments or modifications thereto shall not take effect or
ecome operative until fully signed and executed by the parties
nd no party shall be obligated hereunder until the time of such
u11 execution. No oral agreements, amendments, modifications or
aivers are intended or authorized and shall not be implied from
ny act or course of conduct of any party.
I HEREBY CERTIFY that the foregoing resolution was duly
dopted by the Mayor and Common Council of the City of San
ernardino at a
regular
meeting thereof,
eld on the
2nd day 0 f
June
1986, by the
011 0 win g vote, to - wit:
AYES:
Council Members Estrada. Reilly, Hernandez,
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NAYS:
ABSENT:
Marks. Quiel. Strickler
Nonp..
('nllnr;l Mpmhp..r FrB-zier
~~/la/~'~/
/' Cl ty Clerk
The foregoing resolution is hereby approved this -1I-c;t/ day of
,1 n n e
Approved as to form:
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,<7""'''' t' ,. ,." ,.' ".- , "',
Cl ty Attorney
1986.
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AGREE~1E NT
THIS AGREEMENT, made and entered into this /~ t!;/~
)~-c u
County, a body corporate and politic of the State of California,
day
of
, 1986, by and between San Bernardino
hereinafter referred to as "COUNTY", and the City of San
6 Bernardino, a municipal corporation of the State of California,
7 hereinafter referred to as "CITY".
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WITNESSETH
WHEREAS, the existing A.T. & S.F. railroad grade crossing
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2U.4.2. across Tippecanoe Street, north of Mission Channel, is of
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insufficient width and in need of additional safety protection in
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order to provide for ultimate roadway improvements to permit
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development of Tippecanoe as an arterial roadway and,
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WHEREAS, the City and County propose to utilize Federal
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finance their respective shares of the cost for improving
this
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rail grade crossing; and
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WHEREAS, approximately 50% of the proposed project is
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within the incorporated limits of CITY, with the remaining 50%
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located within the unincorporated area of COUNTY, and
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WHEREAS, County and City do also mutually desire to
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s p e c i f y her e i nth e te r m san d con d i t ion sun de r w h i c h sa i d pro j e c t
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is to be constructed, financed and maintained; and
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WHEREAS, construction of project is proposed for the
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1986-87 fiscal year, at a total preliminary estimated cost of
26 $139,020.00 of which $100,398.00 is expected to be Federal 203
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EXHIBIT IIAII
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
SECTION ONE: CITY SHALL --
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1.01
Perform all necessary field surveys, investiga-
1.02
1.03
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tions and
necessary coordination with the
railroad for design of said improvements.
Act as Lead Agency in securing Environmental
Review approval, prepare all required reports,
agreements obtain all permits necessary to
accomplish said improvements, and determine the
availability of 203 Funds for the project.
Arrange for preparation of construction plans,
s p e c i f i cat ion s , est i mate 0 f qua n tit i e san d c 0 s t s ,
and contract documents.
Arrange for relocation or removal of all utilities
which are in conflict with said improvements.
Sub m i t P 1 an s, s p e c i f i cat ion s, est i mate, and an
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application for no-cost encroachment permit to
COUNTY and obtain approval thereof prior to
adverti sing for bids.
Provide adequate construction inspection of all
items of work performed under construction
contract referenced hereinabove, and maintain
records of inspections and material s test for
review by COUNTY.
Maintain a detailed record of any proposed changes
to the approved plans and specifications, and
s e cur e CO UN T Y I sap pro val p r i 0 r ,to aut h 0 r i z i n g any
major changes thereof.
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1.08 Submit a set of IIAs-Builtll plans to COUNTY upon
completion of project.
1.09 Advertise, award, administer and fund a
construction contract for the hereinabove
referenced improvements.
1.10 Accept responsibility for all costs of the project,
including preliminary engineering, construction
engineering, construction contract, applicable
overhead charges, and any other costs directly
atributable to project, except for the 50% share to
be borne by COUNTY as provided hereinafter.
1.11 Submit an accounting to COUNTY of all costs charged
to the projec t, along wi th a sta temen t for COUNTY. s
share of the cost.
1.12 Upon completion of the project, assume maintenance
of the improvements to be constructed within the
incorporated area under jurisdiction of CITY.
1.13 Require its contractor(s) to provide single limit
insurance covering bodily injury and property
damage in an amount of not less than one million
($1,000,000.00) dollars. Said insurance shall name
COUNTY as an additional insured party.
SECTION TWO: COUNTY SHALL --
2.01 Permit CITY to improve those unincorporated
portions of Tippecanoe Street, at A.T. & S.F.
Rai lroad, in accordance to the approved plans and
specifications.
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2.02 Assist CITY in accomplishing the removal or
relocation of utilities in conflict with the said
improvements.
2.03 Accept responsibility for 50% of the project costs
and reimburse CITY, within 30 days after receipt of
an itemized statement of cost. COUNTY.s share is
estimated to be $19,500.00; but in no event shall
COUNTY.s total obligation under this agreement
exceed $30,000.00, provi ded that COUNTY may, at its
sole discretion, in writing, authorize a greater
amount.
2.04 Upon completion of the project, assume maintenance
of the improvements to be constructed within the
unincorporated area under juriSdiction of COUNTY.
SECTION THREE: BE IT FURTHER AGREED BY THE PARTIES
HERETO --
3.01 That no party to the agreement nor officer nor
employees thereof shall be responsible for any
damage or liability occuring by reason of anything
done or in connecti on wi th any work, authori ty or
juriSdiction delegated to the parties under this
Agreement. It is al so 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) occuring
by reason of anything done or omitted to be done
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under or in connect; on wi th any work, author; ty or
jurisdiction delegated under this Agreement.
THIS AGREEEMENT shall inure to the benefit of and be
4 binding upon the successors and assigns of the parties involved.
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IN WITNESS WHEREOF, the parties hereto have caused this
6 Agreement to be executed by their respective officials thereunto
7 duly authorized.
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9 ATTEST:
10 Clerk of the Board of
11 Supervisors of the County
of San Bernardino
COUNTY OF SAN BERNARDINO
B
. Chairman, Board of Supervisors
" ROBERT l. HAMMOCK MAY 1 2 1986
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"17 ATTEST:
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By:
7~~~..~
CITY OF SAN BERNARDINO
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Approved as to form:
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City Attorney
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