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HomeMy WebLinkAbout2007-171 , , , 1 2 3 4 5 6 RESOLUTION NO. 2007-171 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A SUPPLEMENTAL AGREEMENT TO THE OVERHEAD AGREEMENT WITH BURLINGTON NORTHERN SANTA FE (BNSF) RAILWAY COMPANY AND COUNTY OF SAN BERNARDINO AND THE SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) FOR THE UNIVERSITY PARKWAY GRADE SEPARATION PROJECT (CIP SS04-52). WHEREAS, on January 22,2007, the Mayor and Common Council adopted Resolution 7 No. 2007-28 approving an Overhead Agreement with Burlington Northern Santa Fe (BNSF) 8 Railway Company, the County of San Bernardino, and the San Bernardino Associated 9 10 11 12 13 approval of a Supplemental Agreement to the Overhead Agreement. 14 15 16 17 18 Governments (SANBAG) for the University Parkway Grade Separation Project (Crp SS04-52), and WHEREAS, the San Bernardino Associated Governments (SANBAG) has requested NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager is hereby authorized and directed to execute the Supplemental Agreement to the Overhead Agreement with Burlington Northern Santa Fe (BNSF) Railway Company, the County of San Bernardino, and the San Bernardino Associated 19 Governments (SANBAG) for the University Parkway Grade Separation Project (CIP SS04-52), 20 21 attached and incorporated herein as Exhibit" I ". SECTION 2. The attached Supplemental Agreement to the Overhead Agreement and 22 23 any amendment or modifications thereto shall not take effect or become operative until fully 24 signed and executed by the parties and no party shall be obligated hereunder until the time of 25 such full execution. No oral agreements, amendments, modifications or waivers are intended or 26 authorized and shall not be implied from any act or course of conduct of any party. 27 28 SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of passage of the resolution. . , ' , 1 2 3 4 5 6 7 day of .June 8 9 10 11 BAXTER 12 BRINKER 13 DERRY 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 18 19 20 21 22 Ap roved as to form: 23 WA ). rf~ 24 I~ \.1:ES F. PENMAN 1(9lv Attorney 25 RESOLUTION ... APPROVING A SUPPLEMENTAL AGREEMENT TO THE OVERHEAD AGREEMENT WITH BURLINGTON NORTHERN SANTA FE (BNSF) RAILWAY COMPANY, THE COUNTY OF SAN BERNARDINO AND THE SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) FOR THE UNIVERSITY PARKWAY GRADE SEPARATION PROJECT (CIP SS04-52). I HEREBY CERTIFY that the foregoing Resolution was du1y adopted by the Mayor and joint Common Council of the City of San Bernardino at aregul ~r meeting thereof, held on the4 h ,2007, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT x ESTRADA x x x x x x A~h.~ '- tI City Clerk y The foregoing resolution is hereby approved this 1 day of June ,2007. ~ City of San Bernardino 26 27 28 .. " FAS :x New Vendor Code Depl. o"'OOIl)Nu~1. Change SC TRA A Cancel County Deparbnent Depl. Orgn. Contractor's License No. Public Works - Transnortation TRA TRA County Department Contract Representative Telephone Total Contract Amount Brendon Biees 387-8166 $0 Contract Type o Revenue 0 Encumbered o Unencumbered IX] Other: If not encumbered or revenue contract type, provide reason: Amendment to an Aareement Commodity Code Icontract Start Date Contract End Date Original Amount This Amendment Fund Depl. Organization Appr, Obj/Rev Source GRC/PROJ/JOB No. Grig. Amount 8M TRA TRA 200 2445 42H14157 Fund Depl. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Drig. Amount Fund Depl. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No, Drig. Amount Project Name Estimated Payment Total by Fiscal Year STA TE STREET Ilil UNIVERSITY FY Amount I/O FY Amount I/O PARKWAY GRADE SEPARATION - - Contract Type - Special (Risk - - Manaaement Approved) FOR COUNTY USE ONLY COUNTY OF SAN BERNARDINO CONTRACT TRANSMITTAL Name BNSF'S MANAGER OF PUBLIC PROJECTS Address 740 E. CARNEGIE DRIVE and Name CITY OF SAN BERNARDINO Address 300 NORTH "0" STREET SAN BERNARDINO, CA 92408 Telephone (909) 386-4479 FederallD No. or Social Security No. SAN BERNARDINO, CA 92418 Telephone (909) 384-5211 Federal 10 No. or Social Security No. I~r /ll1.I.~\.C . ('"ll~;"l J,-l SAN BERNARDINO, CA 92410 C . l' Telephone A (909) 889-8611 . r"" ., On January 9, 2007, the County of san.. Berna.!;l!irl'!> nt reil into Cooperative Agre.e~t.~...'" 07-0016 with Burlington Northern and Santa Fe Railway Company (BNSF)~n ~~ no Associated Governmlr!l!'" N,tAG), ~~~he City of San Bemardino ~~Z:a~~ construct railroad Jo~esacffvture and roadway at BN~SOK,NO. ~fTd,lvtate Street and University Amendment-1 is ne~sl.l"modifY'language referef!' B~~'S ~~nanci . co.t;;;)J,~;:;:~ in Article V, Section 9 of the original Agreement.lrk(~~ to receive fUndingfreth P c ittilitier.'c ~~'il1GC), this language modification is required, Language modification applies anly.ta... P<j;:t,r(. . .... n . etw. '.~. S1 S . ANBAG and the amount of contribution, between these two agencies, remains as statEl~n rt1b .. ~eif'llntJ . There is nO financial impact resultin~.ltrom Ni~r~."': !~~:~pproval of this actiOn will satisfy the language requirements af the PUC. ft.' ,,,,' . , 'If'}i,; . Ir~ t prepared on the "Standard Conlrael" form.} inIq and Name SAN BERNARDINO ASSOCIATED GOVERNMENTS Address 1170W, THIRD STREET, 2ND FLOOR Approv ReVieW7J:::;ct7iJ~ ~ Coun Cou e1 Date 4'~ J &7- c::r P Date S - 1- 07 ., -f.. . SUPPLEMENTAL AGREEMENT BNSF File No. 0261 06V State Street/University Parkway Grade Separation U.S D.O.T. No. 026106V This SUPPLEMENTAL AGREEMENT is executed to be effective as of this 15th day of May, 2007 ("Effective Date"), by and between BNSF RAILWAY COMPANY, a Delaware corporation ("BNSF"), the CITY OF SAN BERNARDINO, a body corporate and politic of the State of California ("CITY"), the COUNTY OF SAN BERNARDINO, a body corporate and politic of the State of California ("COUNTY"), and the SAN BERNARDINO ASSOCIATED GOVERNMENTS, a body corporate and politic of the State of California, hereinafter referred to as ("SANBAG"). RECITALS: BNSF, City, County and SAN BAG are parties to an agreement "Overhead Agreement", dated January 9, 2007, identified in BNSF's records as BNSF Contract No. BF 1942, which covers the construction of the State Street/University Parkway Grade Separation over and across BNSF's "Rail Corridor" and tracks in the City and County of San Bernardino, California. The parties hereto are in agreement to the supplementing of the Overhead Agreement as follows: AGREEMENT IN CONSIDERA nON of the premises, it is mutually agreed that the Overhead Agreement is hereby supplemented and amended as follows: 1. Article V, Section 9 of the Agreement is amended to read as follows: BNSF's share of the Estimate Cost, hereinafter referred to as "BNSF.s Share", shall be an amount of $1,884,281. This amount shall constitute BNSF's contribution pursuant to applicable law towards project costs including Project construction costs. BNSF's share has been determined to be 10% of the calculated amount of the Project that is apportioned to BNSF being 69% of the Estimated Cost in the amount of$27,195,700. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by its duly qualified and authorized officials as of the day and year first above written. BNSF RAILWA Y COMPANY By: ;J~ol L - f-rI- Printed Name: Greg Fox Title: Vice President Engineering WITNESS: [Signatures continued next page] ~ H'. .. . . APPROVED AS TO FORM: By . Its Fred Wilson r.iry MRnRgpr James F. Penman, City Attorney Date '''''''~--' By: COUNTY OF By Paul Biane, airman Board of Supervisors MAY 1 5'2007 SIGNED AND C OF THIS DO TO THE C AY 1. :1 2-Qui OOl tI ~i. Ruth E. Stringer. County Counsel San Bern . . rnia ~ By: Date: By: Printed Name: Dennis Han r~er Title: President - Board of Directors State StreetlUniversity Overhead Supplement.doc March 30, 2007 2