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HomeMy WebLinkAbout12626 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ',\ 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: /"<./ ""'" (// Councilmen (:~b77/1-,?/, >j.?fb'/'--V7;J~~ '>:~_/~---~/ "\ZW~>~R~ ~ "7'-~~ NAYES: ABSENT: ) i ;"_.i-r-r? / ./ ~ :,,--""','<" ,( / - --2.~---I_r.-'-':?:::""~/ /Ci 1:.yCl e;k The foregoing resolution is hereby approved this J?~ day of /1 ,/ /UL<yy_,;l1e-h"'~ 1976. ) Approv~d 115 to form:) .."?fi~/;:.. n-"'-'--~_'I-- C~4 / ~::.--_. lty of San'Bernardino L~_ U!l ~- ~O;:-~"--'-----_____ ~ '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: " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " , . . . - 4 - 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 ~ ~~~~30~O~ R~:'~7~dno lc/o Transp. B~_._'.n _._ nnn 00 File> I. (J r) Ii , ' ., I ' \6 V