HomeMy WebLinkAbout05.I- Public Works RESOLUTION (ID #2391) DOC ID: 2391 A
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
t Agreement/Contract
From: Tony Frossard M/CC Meeting Date: 11/04/2013
Prepared by: Ryan Sandoval, (909) 384-5140
Dept: Public Works Ward(s): 3
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of a License Agreement Between the City of San Bernardino, San Bernardino
Associated Governments (SANBAG), and Omnitrans for the Construction and Maintenance of
Public Improvements Installed in the Railroad Right of Way Related to the SbX Bus Project. (At
Meeting of September 16, 2013, Item Continued to November 4, 2013) (#2391)
Current Business Registration Certificate: Not Applicable
Financial Impact:
There is no direct cost to the City for this action. The public improvements installed in the
SANBAG railroad right-of-way will be constructed by Omnitrans at their cost, then will be
turned over to the City to be maintained in perpetuity.
Motion: Table.
Synopsis of Previous Council Action:
None.
Background:
San Bernardino Associated Governments (SANBAG) has requested that a three party License
Agreement be entered into with the City, Omnitrans and SANBAG for the construction and
continued maintenance of public improvements within SANBAG railroad right-of-way, in
relation to the sbX Bus Project. The public improvements are proposed to be located on the west
side of"E" Street, south of Rialto Avenue.
For this project, SANBAG is acquiring all necessary right-of-way and/or easements for
Omnitrans along the project route. Omnitrans will be constructing all public improvements,
which will later be transferred to the City once the improvements have been completed and
accepted by the City. In this instance, SANBAG owns the railroad right of way and requires a
License Agreement instead of an easement over the railroad property. The proposed License
Agreement will allow Omnitrans to construct the improvements over portions of the SANBAG
property. Once the City accepts the improvements and takes over the maintenance responsibility,
Omnitrans will no longer be a part of the agreement.
Since Omnitrans will be the licensee during the construction phase, Omnitrans and/or their
contractor will be responsible for complying with the insurance requirements in the subject
license agreement. Upon completion and acceptance of the improvements, the City will become
the licensee and be responsible for complying with the insurance requirements. Risk
Management has reviewed the insurance section of the agreement and has indicated that the City
will be able to provide the required coverage under the self insured policy.
Updated: 10/29/2013 by Linda Sutherland A Packet Pg. 166'
2391
City Attorney Review:
Supporting Documents:
Vicinity Map - SANBAG License Agrmnt- SBX (PDF)
Resolution (DOC)
Attachment 1 - SANBAG Licence Agreement Full (PDF)
Updated: 10/29/2013 by Linda Sutherland A