HomeMy WebLinkAbout1994-315
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RESOLUTION NO. 94-315
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A CO-OPERATIVE AGREEMENT WITH THE ATCHISON, TOPEKA
3 AND SANTA FE RAILWAY COMPANY RELATING TO THE CONSTRUCTION OF THE
NORTHWEST INTERCEPTOR SEWER THROUGH SANTA FE'S "A" YARD.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is
hereby
authorized
directed
and
to execute,
on behalf of said
8 City, a Co-operative Agreement with The Atchison, Topeka and
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Santa Fe Raih~ay Company relating to the construction of the
Northwest Interceptor Sewer through Santa Fe's "A" Yard. 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This resolution is rescinded if the parties
to the agreement fail to execute it within ninety (90) days of
the passage of this resolution.
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9-14-94
RESO: AUTHORIZING EXECUTION OF CO-OPERATIVE AGREEMENT WITH SANTA
FE RAILWAY -- NORTHWEST INTERCEPTOR SEWER.
94-315
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a regular
4 3rd day of October
5 Council Members:
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 DEVLIN
11 POPE-LUDLAM
meeting thereof, held on the
, 1994, by the following vote, to-wit:
AYES
NAYS
ABSTAIN
ABSENT
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The foregoing resolution
~JuL '~
< fachel Clark, City Clerk
Lu... \!J~"mecLuJ~ ~ .pu7;;j--
j] hereby approved this 5th {I
October
, 1994.
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I ~~ 14ile-....
Tom Mlnor, Mayor
Ci ty of San Bernardino
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
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: B*-O~t~1L
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94-315
CO-OPERATIVE AGREEMENT
THIS AGREEMENT, entered into this day of
1994, by and between The Atchison, Topeka~Santa Fe Railroad,
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 planning
Plan Storm Drain in "I" Street, from
Creek Flood Control Channel to a point
and
to install the Master
the East Branch Lytle
north of Third Street;
WHEREAS, City
Intercepting sewer in
north of Third Street,
is planning to install the Northwest
"I" Street, from Mill Street to a point
and
WHEREAS, Railroad and City both desire to cooperate in
a joint project to install this storm drain and intercepting
sewer under the same construction contract, in order to
facilitate coordination and achieve economies of scale; and
WHEREAS, Railroad and City do mutually
specify the duties and responsibilities of each
connection with the construction of said storm drain
desire to
party in
and sewer.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Railroad Shall
a. Provide construction plans and technical speci-
fications to City for inclusion in the contract
documents for installation of this Master Plan
Storm Drain and Northwest Interceptor Sewer.
Railroad shall exercise every reasonable effort
to provide these documents in accordance with
City's schedule for entering into a
construction contract for these facilities.
b.
Process the Master Plan Storm Drain through
City's environmental review system to
extent required by the law.
the
the
c. Reimburse City within 30 days of receipt of a
certified bill for the portion of the actual
final cost for installation of the "I" Street
portion of these facilities, and their propor-
tionate share of the construction engineering
costs.
d. Close railway line across "I" Street, south of
Rialto Avenue, and remove rails, ties and
94 . 31 5'
ballast as required by City I S contractor to
install the storm drain and intercepting sewer.
e. Submit an application to the San Bernardino
County Flood Control District for the required
permit from the U.S. Army Corps of Engineers
for connection of the storm drain to the East
Branch Lytle Creek Flood Control Channel.
2. City Shall
a. Include the plans and technical specifications
provided by Railroad for the "I" Street portion
of the storm drain into their contract for
intercepting sewer.
b. Acquire the necessary easement to allow con-
struction maintenance and operation of the
storm drain and intercepting sewer, across the
parcel between "In Street and Railroad's "An
Yard.
c. To advertise for bids in accordance with the
State Public Works Contract Code and City's
Municipal Code, and to award a contract for
construction to the lowest responsible bidder,
for the total project. Concurrence shall be
secured from Railroad prior to awarding a
contract.
d. Submit a certified (by City's Director of
Finance) itemized bill to Railroad upon
completion of the vlOrk under this contract, for
the actual final costs of the storm drain plus
proportionate share of the construction engi-
neering costs.
3. Neither City nor any officer, employee, or agent
thereof, shall be responsible for any damage or
liabili ty occurring by reason of anything done or
omitted to be done by Railroad under or in
connection with any work done by or at the request
of City under this Agreement. It is also agreed
that Railroad shall fully indemnify and hold City
harmless from any liability imposed for injury (as
defined by Government Code Section 810.8) occurring
by reason of anything done or omitted to be done by
Railroad under or in connection with any work done
by or at the request of City under this Agreement.
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94-315
AGREEMENT: INSTALLATION OF INTERCEPTING SEWER WITHIN "A" YARD
4. Neither Railroad nor any officer, employee or
agent thereof, shall be responsible for any damage
or liability occurring by reason of anything done
or omitted to be done by City under or in
connection with any work done by or at the request
of City under this Agreement or under the easement
referred to in clause 2b above. It is also agreed
that City shall fully indemnify and hold Railroad
harmless from any liability imposed or injury (as
defined by Government Code Section 810.8)
occurring by reason of anything done or omitted to
be done by City under or in connection with any
work done by or at the request of City under this
Agreement or under the easement referred to in
clause 2b above.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their respective officials
thereunto duly authorized.
THE ATCHISON, TOPEKA & SANTA FE
RAILWAY COMPANY
By
CITY OF SAN BERNARDINO
ATTEST:
By----r-~~
Tom Minor, Mayor
'R..o..a1t~ ~OJL/z
Rachel Clark, City Clerk
4- '>iWidUJ,;/rtPtunaJj fjgp-}
Approved as to form
and legal content:
JAMES P. PENMAN
City Attorney
BY~~~
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