HomeMy WebLinkAbout22-Public Works
. -
CITY OF SAN BERNeJDINO - REQUEST ~~ N~03~~~~L ACTION
From:
ROGER G. HARDGRAVE
Authorization to Execute Co-
Su~e~: Operative Agreement with Santa
Fe -- Installation of Inter-
cepting Sewer through Santa
Fe's -A- Yard
Dept:
Public Works
Date: 9-14-94
Synopsis of Previous Council a~ion:
June, 1986
Allocation of $615,300 in 1986/87 Sewer Line
Construction Fund Budget, approved.
04-04-94
\DIoIlN. QFHCe,
Resolution No. 94-85 adopted authorizing execution of
Agreement with Ludwig Engineering for professional
services.
4 SEP 9<; l.J 13
Recommended motion:
Adopt resolution.
cc: Shauna Clark
Jim Penman
()
Signature
Contact person: Roqer G. Hardqrave Phone:
Staff Report, Agreement,
Supporting data ettached: Resolution & Map Ward:
50~5
1
FUNDING REQUIREMENTS:
Amount: 50.000
Source: (Acct. No.!
245-365-57702
Acct.Oescri tion Northwest
Phase I (Mill & "I" St. to 5th & "J" Sts.l
Finance:
Council Notes:
75-0262
Agenda Item No J.J.....
CITY OF SAN BERN~INO - REQUEST F~ COUNCIL ACTION
STAFF REPORT
The City's Sewer Master Plan shows an intercepting sewer
from Mill Street and "I" Street to 27th Street and Porter Street.
This facility is known as the Northwest Intercepting Sewer.
It will be necessary for this sewer line to traverse
Santa Fe's "A" Yard. Now is an opportune time to install this
line, since Santa Fe has removed all switching tracks.
Santa Fe is in the process of redeveloping their "A"
Yard. A storm drain will be installed to convey storm water from
the new development in the "A" Yard.
During discussions with Santa Fe, they agreed to include
the portion of the Northwest Intercepting Sewer through their "A"
Yard, in the contract for the storm drain. The proposed Co-
operative Agreement was negotiated to specify the duties and
responsibilities of each party to this joint project.
The proposed Co-operative Agreement provides, in general,
that Santa Fe will act as the Lead Agency, and have the storm
drain and intercepting sewer installed, and that the City will
reimburse Santa Fe for the cost of the intercepting sewer and
proportionate share of the construction engineering costs. Also.
that Santa Fe will grant an easement for the sewer line and will
assume any and all costs that might be incurred in remediating
hazardous materials discovered during construction.
This construction is a portion of the larger "In Street
interceptor sewer. This portion of the work is estimated to cost
approximately $50,000.00 with actual cost to be based on low bid
prices.
All costs incurred for construction of the intercepting
sewer through Santa Fe's "A" Yard will be charged to Accounts No.
245-365-57702 and 245-365-57703.
We recommend that the Co-operative Agreement be approved.
9-14-94
75-0264
"
3 RD . ST.
a'
~ t-=
').~ ~~ lft
\0 .~. SPRUCE ST.
It
J
-
~,. In
-
. ... 0..1
..a li
. I
~p~", 5TH ST.
I '
D
~6~'
~ 0
J>ROf()SEf) 5EWEI(
5 ANT A FE
RAILWAY
'jq "
YARDS
/~
2ND n:
~'7'
o
llr.AI F 1-. ,nn'
o
o
RESOL1l~:roN NO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
6
SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute, on behalf of said
8 City, a Co-operative Agreement with The Atchison, Topeka and
9 Santa Fe Railway Company relating to the construction of the
10 Northwest Interceptor Sewer through Santa Fe's "A" Yard. A copy
11 of said agreement is attached hereto, marked Exhibit "A" and
12 incorporated herein by reference as fully as though set forth at
13 length.
14 SECTION 2. The agreement shall not take effect until
15 fully signed and executed by both parties. The City shall not be
16 obligated hereunder unless and until the agreement is fully
17 executed and no oral agreement relating thereto shall be implied
18 or authorized.
19 SECTION 3. This resolution is rescinded if the parties
20 to the agreement fail to execute it within ninety (90) days of
21 the passage of this resolution.
:t2 I I I I
:t3 I I I I
24 I I I I
25 I I I I
26 IIII
27 IIII
28 I I I I
9-14-94
RESO: AUTHORIZING EXECUTION OF CO-OPERATIVE AGREEMENT WITH SANTA
FE RAI~Y -- NORTHWEST INTERCEPT~SEWER.
I
~, ~~
1
I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor
3 Bernardino at a
4 day of
5 Council Members:
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 DEVLIN
11 POPE-LUDLAM
12 MILLER
and Common Council of the City of San
meeting thereof, held on the
, 1994, by the following vote, to-wit:
AYES
NAYS
ABSTAIN
ABSENT
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Rachel Clark, City Clerk
The foregoing resolution is hereby approved this
day of
, 1994.
Tom Minor, Mayor
Ci ty of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
By
- 2 -
o
o EXHIBIT -A-
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 to install the !-Iaster
Plan Storm Drain in "I" Street, from the East Branch Lytle
Creek Flood Control Channel to a point north of Third Street 1
and
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 scalel and
WHEREAS, Railroad and City do mutually desire to
specify the duties and responsibilities of each party in
connection with the construction of said storm drain and sewer.
NOW, THEREFORE, IT IS AGREED AS POLLOWS:
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
Ci ty' 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.
c. Reimburse City wi thin 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.
the
the
d. Close railway line across -I- Street, south of
Rialto Avenue, and remove rails, ties and
o
o
ballast as required by City'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
permi t 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 II I" Street and Railroad's "A"
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 work 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.
- 2 -
AGREEMENT:
INST~ATION OF INTERCEPTING SE~R 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 810.81
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.
ATTEST:
THE ATCHISON, TOPEKA , SANTA FE
RAILWAY COMPANY
By
CITY OF SAN BERNARDINO
By
Tom Minor, MAyor
Rachel Clark, City Clerk
Approved as to form
and legal content:
JAMES P. PENMAN
City Attorney
By
- 3 -