Loading...
HomeMy WebLinkAbout27-Public Works cSb '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 -- r \.- ,- , i '- 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- \'"- CO-OPERATIVE AGREEMENT: Installation of Replacement Sewer -- Santa Fe's "A" Yard. .I""""" "- binding / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / ,- / / / / i "- 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. -2- F '- ,-" \.- ,r- \...... 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 ~ BURLINGTON NORTHERN/SANTA FE RAILWAY By/ZL ~