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Home My WebLink About12342 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. /;? 3~~ A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHOaIlING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF COLTON AND THE CITY OF SAN BERNARDINO, RELATING TO CONSTRUCTION AND MAINTEN- ANCE OF THE MILL STREET SEPARATION. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION ONE: The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an Agreement between the City of Colton and the City of San Bernardino, relating to construction and maintenance of the Mill Street Separation, a copy of which is attached hereto, marked Exhibit "A" and-incorporated herein by reference as fully as though set forth at length herein. I HEREBY CERTIFY that the foregoing resolution waa duly adopted by the Mayor and Common Council of the City of San Bernardino at a ~ l!& meeting thereof held on the/;7N of<;'p~:)--'- , 1976, by the following vote, to-wit: ,~/.p.; f :>~ ,',~.,...".."" NOl!S~ . ~., , ABSENT: f~.//-nA;/....7r~' c~~~ ~~~J , day ~1 >~~.2~/ ' , ~-d!d! ' / City C'~r The foregoing resolution is hereby approved this' '1/ xi, , day of 5~.//,,/ , 1976. p Approved aa to form: FILED i' cb t.;( \976 LUCIJ4k G~FORTH. CitY, Clerl( ..~-il. /1_,~ /_j '. <J'7 in't'L... AGREEMENT THIS AGREEMENT, made and entered into this / r-IL day of 1976, by and between the City of Colton, a municipal corporation of the California, hereinafter referred to aa "COLTON", and the City of San Bernardino, a municipal corporation of the State of California, hereinafter referred to as "SAN BERNARDINO" . WITNESSETH: WHEREAS, Mill Street is preaently a major traffic circulation element be- tween Cherry Avenue in Fontana, and Pennsylvania Avenue in Colton, CA, and between Mt. Vernon Avenue and Tippecanoe Avenue in San Bernardino, CA; and, WHEREAS, Mill Street is not presently open to traffic between Pennaylvania Avenue and Mt. Vernon Avenue; and WHEREAS, a tremendous increase in traffic has occurred on Mill Street during the past few years; and, WHEREAS, the opening of Mill Street to traffic would create a more direct circulation route between the Cities of Colton, Fontana, Rialto and San Bernardino and portions of the County of San Bernardino; and, WHEREAS, Mill Street serves several regionally important commercial, industrial and educational facilities, including but not limited to, Kaiser Steel, Fedco Department Store, Valley Community College, County Complex, Inland Shopping Center, Orange Show and Norton Air Force Baae; and, WHEREAS, full interchange facilities are provided between Mill Street and the Interstate Route l5-E Freeway; and, WHEREAS, developing Mill Street as a major circulation element between Cherry Avenue and Tippecanoe Avenue would save an estimated 5 million vehicle miles per year and provide an alternate route for Rialto Avenue and Foothill Blvd., particularly -1- . .'. . - when Rialto Avenue is blocked by a train in the grade crossing west of Mt. Vernon Avenue; and, WHEREAS, the completion of the miasing link on Mill Street would allow im- proved transit service to the general area and better responae by emergency vehicles; and, WHEREAS, construction of a vehicular separation over Santa Fe Railway's "B" Yard, hereinafter referred to as "PROJECT", will be required to open Mill Street to traffic between Pennsylvania Avenue and Mt. Vernon Avenue; and, WHEREAS, project will be located within the limits of both COLTON and SAN BERN- ARDINO; and, WHEREAS, COLTON and SAN BERNARDINO do mutually desire to specify herein the terms and conditions under which said PROJECT is to be constructed, financed and maintained. NOW, THEREFORE, BE IT MUTUALLY AGREED AS FOLLOWS: SECTION ONE: SAN BERNARDINO SHALL 1.01 Nominate or cause to be nominated, the PROJECT for inclusion on the annual priority list established by the Public Utilities Commission pursuant to Section 2452 of the Streets and Highways Code. 1.02 Submit the application for an allocation from the Grade Separation Fund. 1.03 Act as Lead Agency in securing Environmental Review approval, prepare all required reports, declarations, agreements and obtain all permits necessary to accomplish said PROJECT. 1.04 Acquire, or cause to be acquired, all rights-of-way and/or rights-of-entry that will be required for construction of PROJECT. 1.05 Arrange for relocation of all utilities in conflict with PROJECT. 1.06 Prepare, or cause to be prepared, the plans, apecificationa, estimate and contract documents required to effectuate conatruction of PROJECT. -2- - . , - 1.07 Submit plans, specifications, estimate and contract documents to COLTON and obtain approval thereof prior to advertising for bida. 1.08 In the event that Federal Aid Funds are used to finance a portion of the cost, submit the plans, specifications and estimate to the Federal Highway Administration, through the California Department of Transportation, and obtain authorization to advertise for bids. 1.09 Advertise, award, administer a construction contract for PROJECT, contingent upon approval from the California Department of Transportation. 1.10 Provide adequate construction inspection of all items of work performed under contract for construction of PROJECT, and maintain complete records of inspections and materials tests for review by COLTON. 1.11 Maintain a detailed record of any proposed changes to the approved plans and specificationa, and secure COLTON's approval prior to authorizing any major changes thereof. 1.12 Submit a set of "As Built" plans to COLTON upon completion of PROJECT. 1.13 Bear all costs of PROJECT not financed from other funding sources. 1.14 Upon completion of PROJECT, assume responsibility for maintenance and oper- ation of the grade separation structure, lighting, highway drainage, highway approachea and appurtenances. Provided, however, that COLTON will assume responsibility for maintenance and operation of the frontage roads constructed by PROJECT within the City Limits of COLTON for the express purpose of providing accesa to abutting properties. SECTION TWO: COLTON SHALL 2.01 Authorize SAN BERNARDINO to construct PROJECT in accordance to the approved plans, specifications and contract documents. 2.02 Enter into an Agreement between The Atchison, Topeka and Santa Fe Railway Company and SAN BERNARDINO relative to construction of PROJECT. -3- 2.03 Review the plans, specifications and estimate for PROJECT and not un- reasonably withhold approval thereof. 2.04 Accept title to those parcels of right-of-way acquired for PROJECT within the limits of COLTON. 2.05 Allow SAN BERNARDINO to maintain and operate improvementa constructed by PROJECT throughout their useful life. Provided, however, that COLTON will maintain and operate the frontage roads conatructed by PROJECT within the City Limits of COLTON for the express purpose of providing access to abutting proper- ties. SECTION THREE: BE IT FURTHER AGREED BY THE PARTIES HERETO 3.01 Each party to this agreement shall hold the other party, its elective and appointive boards, commisaions, officers, agents and employees harmless from any and all liability for injury as defined by Government Code Section 810. B in- curred by reason of that party's acts or conduct hereunder. 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 officiala thereunto duly authorized. -4- . ~ ..' Attest: By: -.lL ~'..u d. -d.'CoJ"-J City Clerk Approved as to Form: BY:~~ City Attorney Attest: By: -5- CITY OF COLTON ,,' / ~~_-:-::"r- Mayor CITY OF /." // :-/