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'CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
File No. 3.14-27
Date:
9-03-96
ORIGINAL
Subject: Authorization to Execute Co-Opera-
tive Agreement with Burlington
Northern/Santa Fe Railway Co. --
Construction of Kingman Street
Replacement Sewer, from Mt. Vernon
Avenue to "L" Street
From:
ROGER G. HARDGRAVE
Dept:
Public Works
Synopsis of Previous Council action:
ADMIN. OFFiCE!
None.
C SE"'. >..2.l;)'
Recommended motion:
1. That the expenditure of $31,000, from Account No. 132-431-5504-
7071, "Major Repairs - Various Locations," to finance the City's
1/2 share of the cost for installation of a replacement sewer in
Kingman Street, froM Mt. Vernon Avenue to "L" Street, be
approved.
2. Adopt resolution.
cc: Shauna Clark
Jim Penman
JiM Howell
Contact person: Roger G. Hardqrave
Staff Report, Agreement
Supporting data attached: and Resolution
Phone:
5025
Ward:
1
FUNDING REQUIREMENTS:
Amount: $31,000 (Sewer Maintenance Fund)
Source: (Acct. No.)
132-431-5504-7071
Acct. Descri tion
Locations
Council Notes:
Res 96- go 1
/0/7/'110
, I
75-0262
Agenda Item No. J,7
.
CITY PF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
The sewer main through the Santa Fe "A" Yard, within the
alignment of Kingman Street, has been the source of maintenance
problems for many years.
Redevelopment of this yard from a railroad maintenance
facility to an intermodal yard is in progress. This sewer main
is in conflict with SOme of the facilities planned for the
intermodal facility.
Santa Fe has agreed to install a replacement sewer main,
on an alignment to clear the proposed facilities, and finance 1/2
of the cost. The remaining 1/2 of the cost will be financed by
the City of San Bernardino.
The proposed Co-Operative Agreement provides, in general,
that the Burlington Northern/Santa Fe Railway Company will
proceed to install the replacement sewer, and that the City will
reimburse them for 1/2 of the cost attributable to the project.
Funds to finance the City' s share of
provided from Account No. 132-431-5504-7071,
Various Locations."
the cost can be
"Major Repairs
We recommend that the agreement be approved.
9-4-96
75.0264
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CO-OPERATIVE AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 1996, by and between the Burlington
Northernl Santa 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 do mutually desire to
stipulate the duties and responsibilities of each party relative to
construction of PROJECT.
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 -A-
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CO-OPERATIVE AGREEMENT:
Installation of Replacement Sewer --
Santa Fe's "A" Yard.
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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
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.
ATTEST:
CITY OF SAN BERNARDINO
By
Rachel Clark, City Clerk
Mayor
Approved as to form
and legal content:
James F. Penman
City Attorney
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BURLINGTON NORTHERN/SANTA FE
RAILWAY
By/ZL ~