HomeMy WebLinkAbout1996-301
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RESOLUTION NO.
96-301
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A CO-OPERATIVE AGREEMENT WITH THE BURLINGTON
3 NORTHERN I SANTA FE RAILHAY COMPANY RELATIVE TO INSTALLATION OF A
REPLACEMENT SEWER ALONG KINGMAN STREET, FROM MT. VERNON AVENUE TO
"Lit STREET.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS,
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SECTION 1. The Mayor of the City of San Bernardino is
hereby
authorized and directed to execute, on behalf of said
City, a Co-Operative Agreement with Burlington NorthernlSanta Fe
along
the
Kingman
installation
of
Railway
for
Company
sewer
Street alignment, from Mt. Vernon Avenue to "L" Street.
A copy
of said agreement
is attached hereto, marked Exhibit "A" and
incorporated herein by reference as fully as though set forth at
length.
SECTION 2.
The agreement shall not take effect until
fully signed and executed by both parties. The City shall not be
obligated hereunder unless and until the agreement is fully
executed and no oral agreement relating thereto shall be implied
or authorized.
SECTION 3.
This resolution is rescinded if the parties
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to the agreement fail to execute it within ninety (90) days of
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the passage of this resolution.
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9-04-96
RESO: EXECUTING AGREEMENT WITH BURLINGTON NORTHERN/SANTA FE --
KINGI1AN STREET REPLACEMENT SEWER.
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Coman Council of the City of San
joint
3 Bernardino at a regular meeting thereof, held on the
4 7th day of October
5 Council Members:
6 NEGRETE
7 CURLIN
8 ARIAS
9 OBERHELMAN
10 DEVLIN
11 ANDERSON
, 1996, by the following vote, to-wit:
AYES
NAYS
ABSTAIN
ABSENT
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The foregoing resolution is
R~k,~erk
hereby approved this 111
October
, 1996.
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/ Tom Minor, Mayor
Ci ty of San Bernardino
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
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By >dAA.r> 7
c;/
?c~,
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~S-96-301
CO-OPERATIVE AGREEMENT
~ I, THIS AGREEMENT, made and entered into this 9IL day of
~~ , 1996, by and between the Burlington
NorthernlSanta Fe Railway Company, hereinafter referred to as
"RAILROAD," and the City of San Bernardino, a municipal corporation
of the State of California, hereinafter referred to as "CITY."
WITNESSETH:
WHEREAS, RAILROAD is in the process of redeveloping
their "A" Yard into an intermodal facility; and
WHEREAS, CITY owns and operates a sewer main that
traverses the "A" Yard, generally along the alignment at the former
Kingman Street; and
WHEREAS, this sewer main is in an advanced state of
deterioration, which has resulted in repeated maintenance problems;
and
WHEREAS, RAILROAD has had plans prepared and secured bids
for installation of a replacement sewer main, between Mt. Vernon
Avenue and the Northeast Interceptor Sewer in "L" Street,
hereinafter referred to as "PROJECT"; and
WHEREAS, RAILROAD and CITY
stipulate the duties and responsibilities
construction of PROJECT.
do mutually desire to
of each party relative to
NOW, THEREFORE, BE IT MUTUALLY AGREED AS FOLLOWS:
SECTION 1. RAILROAD shall --
a. Act as Lead Agency for PROJECT.
b. Proceed to have PROJECT constructed, pursuant to
bids obtained and in accordance with plans approved
by CITY.
c. Secure necessary Public Works Construction Permit
from CITY.
d. Finance the entire cost of PROJECT, currently
estimated at $62,007.
e. Submit a certified statement of all costs,
attributable to PROJECT to CITY.
EXHIBIT nAn
lis 96-301
."-,,.....y~-'
CO-OPERATIVE AGREEMENT:
Installation of Replacement Sewer --
Santa Fe's "A" Yard.
SECTION 2. CITY shall --
a. Reimburse RAILROAD for one-half (1/2) of all costs
attributable to PROJECT, less any contribution by
another party, within 30 days after receipt of the
certified statement of costs.
SECTION 3. It is further agreed that --
a. RAILROAD agrees to indemnify, and hold harmless the
CITY and their authorized agents, officers,
volunteers and employees against any and all claims
or actions arising from RAILROAD's negligent acts
or omissions and for any costs or expenses incurred
by the CITY on account of any claim thereof.
b. The CITY agrees to indemnify, and hold harmless the
RAILROAD and their authorized agents, officers,
volunteers and employees against any and all claims
or actions arising from CITY's negligent acts or
omissions and for any costs or expenses incurred by
the RAILROAD on account of any claim thereof.
THIS AGREEMENT shall inure to the benefit of and be
binding upon the successors and assigns of both parties.
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CO-OPERATIVE AGREEMENT: Installation of Replacement Sewer --
Santa Fe's "A" Yard.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by their respective officials thereunto
duly authorized.
CITY OF SAN BERNARDINO
ATTEST:
Ra~-ra~!.- C~
BY-/~~[~
( Mayor
BURLINGTON NORTHERNISANTA FE
RAILWAY
By .d f
/.JJuo-.~
1'.
Approved as to form
and legal content:
James F. Penman
City Attorney
By fLa~7. ~~
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