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1 RESOLUTION NO. ~;2. c::pc;
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND THE COUNTY
3 OF SAN BERNARDINO, RELATING TO THE INSTALLATION OF IMPROVED GRADE CROSSING
PROTECTION ON WATERMAN AVENUE AT ATCHISON, TOPEKA AND SANTA FE RAILWAY CROSS-
4 ING NO. 2U-3.0.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BER-
6 NARDINO AS FOLLOWS:
7 SECTION ONE: The Mayor of the City of San Bernardino is hereby author-
8
ized and directed to execute on behalf of said City an Agreement, between
said City and the County of San Bernardino, relating to the installation of
improved grade crossing protection on Waterman Avenue at Atchison, Topeka and
Santa Fe Railway Crossing No. 2U-3.0, 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 was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a ,~~
meeting thereof, held on the r:t t4 day of /j:;6<-'r?'c./~, 1976, by
9
the following vote, to wit:
AYES:
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Councilmen (:~b77/1-,?/, >j.?fb'/'--V7;J~~
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NAYES:
ABSENT:
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The foregoing resolution is hereby approved this J?~ day of
/1 ,/
/UL<yy_,;l1e-h"'~ 1976.
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Approv~d 115 to form:)
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lty of San'Bernardino
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'9 COUNTY OF SAN BERNARDINO
CONTRACT TRANSMITTAL
County Department
Transportation Department
County Department Contract Representative
o Renewable ~Terminates
John A.
Steger
Sub-Object No.
2189
2804
Date:
~~;063131 Am$4t,ob~oo"act
Budget Unit No.
580
Check One: !XI Expenditure
5.S.A. #
o Revenue
If contract has more than one payment or receipt,
complete the following.
Number of payments:
Estimated amount of each: $
or Federal
Employer I D #
Contractor:
City of San Bernardino
Contractor's Representative:
C. Glenn Wilson, City Engineer
Address: 300 North "D" Street, San Bernardino, CA 92418
Phone: 383-5111
Nature of Contract: (Briefly describe the general terms of the contract)
This is an agreement between the City of San Bernardino and
the County of San Bernardino covering the installation of
grade crossing protection on Waterman Avenue at AT&SF crossing
No. 2U-3.0.
This project will be funded under the Federal Grade Crossing
Program which provides 90% Federal funding.
The 10% Local share of the project cost will be prorated
between the City and the County based on a 75% County and a
25% City split.
The County's share of the project cost is estimated to be
$4,000 and funds are available in the 1976-77 budget.
(Attach this transmittal to all contracts not prepared on the UStandard Contract" form.)
Approve~~ to~gal ,form
~ (' k~~-
County Counsel
(} /2 g;h (
I
02-12294-107
A G R E E MEN T
THIS AGREEMENT, made and entered into this day of
, 1976, by and between the CITY OF SAN BERNARDINO,
a municipal corporation of the State of California, hereinafter
referred to as "CITY" and the COUNTY OF SAN BERNARDINO, a body
politic and corporate of the State of California, hereinafter
referred to as "COUNTY".
WITNESSETH
WHEREAS, the installation of improved grade crossing
protection on Waterman Avenue at Atchison, Topeka and Santa
Fe Railway crossing No. 2U-3.0 north of Dumas Street is con-
sidered to be desirable to provide increased safety for
motorists using Waterman Avenue; and
WHEREAS, it has been determined that such installation,
hereinafter referred to as "PROJECT" should generally consist
of the installation of automatic gate arms and flashing light
signals; and
WHEREAS, PROJECT is included on the June 11, 1976,
Public Utilities Connnission's "Reconnnended List of Public
Crossings in California for Improved Crossing Protection on
Federal-Aid Routes by Federal Funding - 1976" and is, there-
fore, eligible for 90% Funding; and
WHEREAS, COUNTY and CITY will mutually benefit and desire
to cooperate and jointly participate in PROJECT, using Federal
Grade Crossing Program funds and local matching funds; and
WHEREAS, COUNTY and CITY will mutually benefit from
PROJECT and desire to set forth the responsibilities and
EXHIBIT "A"
- 2 -
obligations of each as pertains to such participation in the
construction of the proposed improvements; and
WHEREAS, it is anticipated that PROJECT will be installed
by the Atchison, Topeka and Santa Fe Railway Company with
their own forces.
NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1.0 COUNTY SHALL:
1.1 Act as the lead agency in the development of PROJECT.
1.2 Upon completion of installation, notify CITY that
PROJECT has been accomplished in accordance with
all Federal, State and Railway Company requirements
and conditions.
1.3 Fund the local share of project costs to be apportioned
between CITY and COUNTY in accordance with the terms
of this agreement.
1.4 Accept responsibility for its proportionate share
of the local cost of PROJECT as determined in
accordance with the following terms: 75% of the
local share of the PROJECT costs.
1.5 Bill CITY for its share of the PROJECT costs in
accordance with the following schedule: 25% of
the local share of the PROJECT costs.
2.0 CITY SHALL:
2.1 Pay to the COUNTY within 30 days of billing, as set
forth in paragraph 1.5 of this agreement, all costs
- 3 -
of PROJECT to be borne by CITY in accordance with
the following: 25% of the remainder of the total
cost established by the Railway Company accounting
procedure after all Federal funds have been
deducted.
3.0 BE IT FURTHER AGREED BY THE PARTIES HERETO:
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3.1 That no party to the agreement nor officers nor
employees thereof shall be responsible for any
damage or liability occurring by reason of
anything done or omitted to be done by any other
party to the agreement under 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 parties 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
to it under this Agreement.
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 officials there-
unto duly authorized.
ATTEST:
LEONA RAPOPORT, Clerk of the By
Board of Supervisors of the
County of San Bernardino
By, ;:;?~~" ~~7,c..
~Deputy
...~ &
Supervisors
OCT 2 5 1976
ATTEST:
By "--:;;'-;""//"
-.,--......--
,
MINUTES OF THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
RE: AGREE: f.!76-698: CITY OF SAl~ BDNO.: COOP. AGREE. RE INSTALLATION
OF RR CROSS. PROTECTION ON HATEP,HtJJ.'i: APE' D
Acting on tile recommendation of Public Works Agency Amninistrator.
on motion by Supervisor Mayfield, duly seconded by Supervisor
To,msend and carried, the Board of Supervisors hereby approves
the cooperative agreement benmen the C01.D.1ty and the City of Se.'1.
Bernardino providing for the installation of grade crossing
protection on Haterman Avenue at the ATe,SF Crossing No. 2U-3.0
&ld further authorizes its Chairman to sign said contract,
indicating this Board's approval of the terms and conditions
tilerein contained.
PASSED AND ADOPTED by the Board of Supervisors of the County
of San Bernardino, State of California, by the follm.ing vote:
AYES:
NOES:
ABSENT:
SUPERVISORS:
SUPERVISORS:
SUPERVISORS:
Hayfield, Townsend, Smith, Hansberger
~1 o~e
None "
... .. ... .. .. ..
STATE OF CALlFORN'A
COUNTY OF SAN BERNARDINO 55.
I. LEONA RAPOPORT, Clerk of the Board of Supervisors of Sail Bernardino County, California. hereby ceri~fy the
foregoing to be a full, true and correct Cflpy of the record of the action taken by sElid Bozrd of Supervisors. by vote of
the members present. as the S8me appears in the Official ~.linutes of said Board of its meeting of
OCTOBER 25 J976
Dated: 10/27/76 LRI en LEONA RAPOPORT , /
cc: Transp. -J. Steger w/4 agree Clerk of saicl Board.
Auditor ~
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