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HomeMy WebLinkAboutRES NO 079-14RESOLUTION NO. 079-14 RESOLUTION AUTHORIZING UNION PACIFIC RAILROAD TO REVIEW AND PROCESS DOCUMENTATION NECESSARY FOR THE PREPARATION OF A CONSTRUCTION AND MAINTENANCE AGREEMENT REQUIRED FOR THE CONSTRUCTION OF THE BELTWAY OPERATIONAL IMPROVEMENTS PROJECT, NOT TO EXCEED $10,000 WHEREAS, The Beltway Operational Improvements Project (the "Project ") consists of improvements to State Routes 58 and 99 that were originally part of the Centennial Corridor (SR -58 Connector) Project but allowed to be carved out from the SR -58 Connector Project and financed with Beltway earmark funding because they have independent utility, improve safety and operations, and require little to no right -of -way; and WHEREAS, the Project requires City's contractor to widen a bridge located within the right -of -way owned by Union Pacific Railroad (UPRR); and WHEREAS, in order to widen the bridge, the City will be required to enter into a Construction and Maintenance (C &M) Agreement with UPRR, which will establish the conditions related to the construction of the bridge, before construction on the bridge begins; and WHEREAS, the C &M Agreement will establish the conditions related to the construction of the bridge within UPRR's right -of -way; and WHEREAS, in order to have this C &M Agreement prepared, UPRR must first review the construction plans for the bridge, but UPRR will not begin this initial review process until the City formally agrees to pay UPRR's staff time and processing costs; and WHEREAS, the cost for this initial review and processing will not exceed $10,000.00; and WHEREAS, once this initial review is completed and the bridge construction plans are approved by UPRR, the C &M Agreement will be prepared and submitted to Council for approval; and WHEREAS, UPRR will be providing periodic invoices to the City for the review and processing services they provide until the C &M Agreement is formally approved and executed. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield -- Page 1 of 3 Pages - G:\ GROUPDAT \ADMINRPT\2014 \06 -04 \RR Union Pacific Railroad - rev.docx pNK4 C`l s11 > m >— r 7RIGINAL as follows: 1. The above recitals are true and correct and are incorporated herein by reference. 2. The City will pay UPRR for its review and processing time related to the approval of plans for construction of the bridge necessary for the Project that intersects with UPRR's right -of -way in an amount not to exceed $10,000. 3. Although the City may receive periodic invoices from UPRR for the review and processing services rendered, those invoices will not be paid until the C&M Agreement is formally approved and executed. -- - - - - -- 0000000-- - - - - -- -- Page 2 of 3 Pages - G: \GROUPDAT \ADMINRPT \2014 \06 -04 \RR Union Pacific Railroad - rev.docx �gAKF9 o sT m +— r j O IRIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on JUN n k 7PI14 , by the following vote: i/ ✓ ✓ ✓ ✓ ✓ ✓ A COUNCIL MEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER ABSENT: COUNCIL MEMBERi 441tla4k ROBERTA GAFFORD, Cdd CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUN 0 it 1394 By KEN WEIR VICE -MAYOR APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By "U ANDREW HEGLUN Deputy City Attorney AH:dll o� ®AKF,9m -- Page 3 of 3 Pages - o G: \GROUPDAT \ADMINRPT \2014 \06 -04 \RR Union Pacific Railroad - rev.docx ORIGINAL