HomeMy WebLinkAbout8195
1
RESOLUTION NO. f / ~ l'
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN
3 SAID CITY AND THE SOUTHERN PACIFIC COMPANY RElATING TO THE CON-
STRUCTION OF AN OVERPASS ON MILL STREET.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6 SECTION ONE: That the City of San Bernardino execute an
7 agreement between said city and the Southern Pacific Company
81 relating to the construction of an overpass on Mill Street.
91 SECTION TWO: That said agreement referred to herein, a copy
101 of which is attached hereto, marked Exhibit "A" and referred to
I
111 and made a part hereof as fully as though set out at length herein,
121 is hereby approved.
13: SECTION THREE: That the Mayor of the City of San Bernardino
I
14~ is hereby authorized and directed to execute said agreement on
151 behalf of said city..
16; I HEREBY CERTIFY that the foregoing resolution was duly
171 adopted by the Mayor and Common Council of the City of San Bernar-
181 dino at meeting thereof held on the
191 ~/~~day of , 1966, by the following vote,
201 to wit:
NOES: ABSENT: ~
-4.~~ ~ ~~
if Cl.ty ~le'ik~
e foregoing resolution is hereby approved this / ~ day of
21
22
23
24
25
26
27
28
AYES:
A
,
, 1966.
. ~. L 4dLiu
Mayor 0 the City 0 San Be ardino
29 Approved as to form:
:: ;~~~
32
F'
~D
JUN 2 1966
II
.JA('1{ T. FEl.a~'O . City. Clerk
:::>
c~.............jX"""
/:
,
-.
'.
< .
~. ';,
" '~~ ",
o
o
....
:-
~-
,
THIS AGREF..MF.NT, made this
day of
,
1966, by and between SOUTl-iERN PACU'IC COMPANY, a Corporation, herein
called "Railroad" and CITY OF SAN BERNARDINO, a municipal corporation
of the State of California, herein called "City";
RECITALS:
By indenture of future date, Railroad shall grant
to City its usual easement for a highway overpass, herein-
after referred to as "structure", upon the property of
Railroad at Mill (Merrill) Street, City of San Bernardino,
more particularly shown on print of Railroad's CE drawing
34729, dated May 4, 1966, attached hereto and made a part
hereof.
The parties hereto desire to set forth in this instru-
ment their understandings and agreements relating to the
construction and maintenance of said structure and the
changes made necessary in connection therewith.
AGREF.MENT:
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-
., '7.. ','''''' ,-
.
. In the event ~e total amount of the
o
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 exnenditures in excess of the
expenditures in said estimate, unless and until the supplemental agree-
ment referred to herein has been executed and delivered.
~. 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 conc+usion in its
logical 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.
5. 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 contractor, the awarded contract shall prOVide that
,
-2-
.
.
. ,
o
o
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 said structure, including
railroad roadbed, tracks, railroad drainage and all railroad facilities.
City, at its expense, shall maintain highway paving, highway drainage
and all highway facilities.
8. This agreement shall inure to the benefit 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 affixed, as of the day and
year first herein written.
CITY OF SAN BERNARDINO
~
Mayor
Clerk
SOUTHERN PACIFIC COMPANY
BfTitle)
Attest
Assistant Secretary
-3-