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HomeMy WebLinkAbout8196 1 I I 1il 2i I 3' I .il' ... : 5 6 \- RESOLUTION NO. t/:l( 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 SOUTHERN PACIFIC COMPANY RELATING TO THE CON- STRUCTION OF AN UNDERCROSSING ON RlALTO AVENUE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS ~ SECTION ONE: That the City of San Bernardino execute an 7 agreement between said city and the Southern Pacific Company 8 relating to the construction of an undercrossing on Rialto Avenue. 9 SECTION TWO: That said agreement referred to herein, a copy 10 of which is attached hereto, marked Exhibit "A" and referred to and 11 made a part hereof as fully as though set out at length herein, 12 is hereby approved. 13 SECTION THREE~ That the Mayor of the City of San Bernardino 14 is hereby authorized and directed to execute said agreement on 15 I 16 behalf of said city. I HEREBY CERTIFY that the foregoing resolution was duly 171 adopted by the Mayor and Common Council of the City of San Bernar- 18! dino at a '1-/ /#~:,-?,,,,,,,L/fet'~-<-&~/ meeting thereof held on the 19 ..5/.7;1- day ot/ )?ZJt1-v (/ , 1966, by the following vote, / , 20 to wit: / 22 23 NOES: ') / / Councilmen QU:;jr4 _{~, / / <,,/ / /' L,,' ,./~.e~{ ~~~ /" 7...../ j// /2tJ1IL L--/ ~ ,/a_.6/'.....-t:,~<..." / / a~.;~ / 21 AYES: 24 ABSENT: /2i! ;;'t-L, /J< ~ ~- 7~ C~y ca~- the foregoing resolution is hereby approved this /-:]r day of 25 26 27 28 29 xu.,U"-t,, (/'" , 1966. ~no Approved as to form: /.P ~/'""c=) C/\~ ~/ City torney 30 31 '!c: 32 ? I'd f ( ~,,~,<,,;/c c.fyr{,L TEIS ArR~~~~T, made ~his ('flY of_ , 1966, by awl beh,o(,n .'301"rmmN PACTFTC C(I~1PANY, a Corpor::ltion, hprein callod "l1njll"')/lCl" nnd CITY ('Jo' SAN nJ<:IiNftPDINO, Ii flI11n1clnnl corpornt1on of the State of Califcrnia, herein called "City"; BECITALS: By itldenture of f\lture date, Railroad shall grant to City its usual easement for a highway underpass, herein- after referred to as "structure", upon the property of Railroad at Rialto Avenue, City of San Bernardino, more particularly shown on print of Railroad's CE Drawing 34-728, dated May 4-, 1966, attached hereto and made a part hereof. The parties hereto desire to set forth in this in- strument their understandings and agreements relating to the construction and maintenance of said structure and the changes made necessary in connection therewith. AGREEMENT: 1. Railroad shall furnish, or cause to be furnished, all labor, material, tools and equipment for the construction of said structure, except as herein otherwise provided. Said structure shall be con- structed in a manner to accommodate City's street and in accordance with plans and speCifications which shall be subject to the approval of City. 2. Railroad agrees to reimburse City for all cost and expense incurred by City in connection with the engineering inspection of said structure, including but not limited to the items listed on the estimate, marked Exhibit "A", hereto attached and made a part hereof. 3. City shall submit all bills to Railroad for payment of work performed by City on the basis of items set forth in said estimate, and shall submit its final bill on the same basis to cover the actual cost of items of work performed by City. -1- \", . ~~~ ~ -. In the event the total amount of the estimate is exceeded, Railroad shall not be obligated to reimburse City for any such excess, unless and until such expenditure shall have been approved by Railroad in writing, and provided that in the event the cost of work to be per- formed by City hereunder exceeds the total amount of the estimate therefor, any additional payment or payments shall be provided for by a supplemental agreement mutually satisfactory to the parties hereto. City will not be obligated to incur any expenditures in excess of the expenditures in said estimate, unless and until the supplemental agree- ment referred to herein has been executed and delivered. 4. All work contemplated in this agreement shall be performed in a good and workmanlike manner to the satisfaction of the parties hereto, and each portion shall be promptly commenced by the party obligated to do the same, and thereafter diligently prosecuted to conclusion in its lopical order and sequence. The books, papers, records and accounts of the parties hereto, so far as they relate to the items of expense for labor and materials, or are in any way connected with the work herein contemplated, shall at all reasonable times be Open to inspection and audit by the agents and authorized representatives of the parties hereto. '0 Railroad and its contractors shall give reasonable notice to City Engineer before commencing any work in connection with said struc- ture upon or adjacent to City street, and shall observe City's rules and regulations with respect thereto. Railroad agrees to indemnify City, its officers and employees, against liability, cost and expense for loss of or damage to property, and for injury to or death of persons, arising out of work performed by Railroad, its agents or contractors, hereunder. 6. In the event any of the work herein contemplated should be performed by a @@ntraqt~r" the awarded contract shall provide that -2- 1 said work shall not be commenced until said contractor has provided Public Liability and Property Damage Insurance policy or policies as required in said specifications. The above Public Liability and Property Damage Insurance policy or policies shall be kept in full force and effect by said contractor during the performance of said work upon and adjacent to said City street and until said work is accepted by City. 7. Upon completion of the construction of said structure, Railroad, at its expense, shall maintain that part of said structure below the bridge seats, including track, railroad drainage and all railroad facilities. City, at its expense, shall maintain roadway embankment and that part of said structure above the bridge seats, including the highway deck, pavement, curbs, sidewalks, hand rails, highway drainage and all highway facilities. 8. This agreement shall inure to thebenefit of and be binding upon the successors and assigns of Railroad and upon the assigns of City. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate by their officers thereunto duly authorized, and their respective seals to be hereunto ~ffixed, as of the day and year first herein written. CITY OF SAN BERNARDINO By' Mayor Clerk SOUTHERN PACIFIC COMPANY By' (Title) Attest: Assistant Secretary -3-