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Home My WebLink AboutRES NO 033-03RESOLUTION NO. 0 3 ~ "0 3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD AUTHORIZING FILING OF APPLICATION, VERiFYING THAT SUFFICIENT FUNDS ARE AVAILABLE, AND THAT ALL OTHER MATTERS PREREQUISITE TO AWARDING THE CONTRACT FOR THE GRADE SEPARATION ON MOHAWK STREET AT THE BURLINGTON NORTHERN AND SANTA FIE RAILWAY TRACKS WILL BE UNDERTAKEN. WHEREAS, Section 2456 of the Streets and Highways Code of the State of California requires that local agencies requesting allocations for railroad grade separation projects furnish evidence that sufficient funds from the local agency are available and that all other matters prerequisite to awarding the construction contract within a period of one year have been or can be taken care of within that time; and WHEREAS, the City of Bakersfield's Capital Improvement program will provide for the City's cash flow requirements and the City's share of the cost of the grade separation structure on Mohawk Street, P.U.C. No. 2-890.1; and WHEREAS, the City of Bakersfield will obtain all necessary orders from the Public Utilities Commission of the State of California, execute all necessary agreements with the Burlington Northern and Santa Fe Railway (BNSF), acquire all necessary rights-of-way or obtain an order of the court granting to said City the immediate possession thereof, and accomplish all other requirements prerequisite to awarding the contract for the construction of the grade separation structure on Mohawk Street at the BNSF Railway's track (Public Utilities Crossing No. 2-890.1) in Bakersfield within a period of one year after the date that the California Transportation Commission and the Department of Transportation of the State of California have made an allocation of funds to said construction project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield: 1. That sufficient funds will be available in the City's Capital Improvement Program; and 2. That the City of Bakersfield intends to award the contract for the construction of said grade separation structure on Mohawk Street at the Burlington Northern and Santa Fe Railway's track no later than one year after the date that the California Transportation Commission and the Department of Transportation of the State of California have made an allocation of funds to said construction project; and 3. That Raul M. Rojas, Director of Public Works, as agent of the City, is authorized to conduct all negotiations, execute and submit all documents including but not limited to Applications, agreements with the Burlington Northern and Sante Fe Railway Company or others, amendments, payment requests, etc., which may be necessary for completion of the aforementioned project. Page I of 2 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 FEB g O 2003 the following vote: , by AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBERCOUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ~ COUNCILMEMBER ~ COUNCiLMEMBER_ t,J~¢'''e----~ CITY CLERK and EX OFFICIO (~ERK of the Council of the City of Bakersfield FEB 2 6 2003 APPROVED HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: ~ART J.'~rt-tl~T~~ CITY ATTORNEY of the City of Bakersfield Page 2 of 2 JOINT AGENCIES AGREEMENT RE ENGINEERING, FINANCING AND CONSTRUCTION OF THE MOHAWK STREET AND BURLINGTON NORTHERN AND SANTA FE RAILROAD SEPARATION OF GRADE PROJECT THIS AGREEMENT is executed in triplicate on this __ day of 2003, among the CITY OF BAKERSFIELD (the "City"), the COUNTY OF KERN (the "County") and the GREATER BAKERSFIELD SEPARATION OF GRADE DISTRICT (the "District"); WITNESSETH: WHEREAS, the parties desire to jointly participate in the planning, nominating and obtaining necessary funding for a separation of grade project at the present grade crossing of Mohawk Street and the Burlington Northern and Santa Fe Railway Company's ("BNSF") Main Line in the unincorporated area of Kern County, designated as PUC Crossing No. 2-890-1, which will include construction of an underpass of Mohawk Street under BNSF's tracks and the closure of the existing cros sing at Mohawk Street (the "Project" ); and WHEREAS, the Project is a key element of the Westside Parkway, a local freeway project of the City now in final environmental review and preliminary design; and WHEREAS, the District has caused preliminary design and cost studies to be made of the Project and the County, in cooperation with the District, has nominated the Project for ranking in the Grade Separation Priority List for fiscal years 2002-3 and 2003-4; and WHEREAS, the County, in cooperation with the District, has filed an Application for an Order Authorizing Construction of the Project with the Public Utilities Commission ("PUC") pursuant to sections 1201 through 1205, inclusive, of the Public Utilities Code; and WHEREAS, the parties hereto desire to jointly participate in securing all additional agreements and orders necessary to obtain an allocation for the Project from the State Grade Separation Fund (Sts. & Hy. Code, § 190) pursuant to sections 2450 et seq. of the Streets and Highways Code; NOW, THEREFORE, the parties hereto do hereby join together and agree as follows: 1. District Responsibilities. The District shall: (a) Assist the County in obtaining the Order to Construct from the PUC; (b) Assist the City in negotiating and entering into a Construction and Maintenance Agreement and extensions thereof for the Project with BNSF on terms satisfactory to the City wherein, among other things, BNSF commits to pay its statutory share of Project costs pursuant to section 1202.5 of the Public Utilities Code; (c) Prepare for the City's execution and file with the State Department of Transportation ("Caltrans") on or before April 1, 2003 an application for the Project to receive an allocation pursuant to section 2453 of the Streets and Highways Code from funds set aside under Streets and Highways Code section 190 (State Grade Separation Fund); (d) Prepare for the County's execution and file with the PUC any applications to extend time for commencement of Project construction, as necessaw; and (e) Prepare for the County's execution and file with the PUC a petition to rank the Project on the Grade Separation Priority List for fiscal years 2004-5 and 2005-6 and successive lists, if the Project has not received an allocation from the State Grade Separation Fund (Sts. & Hy. Code, § 190). County Responsibilities. The County shall: (a) Execute the applications and petitions prepared for it by the District pursuant to paragraph 1 above. City Responsibilities. The City shall: (a) Duly enact before March 1, 2003 a resolution of its City Council containing all the assurances required under subparagraphs (c), (d) and (e) of Section 1554 of Title 21 of the California Code of Regulations, including, but not limited, to assurances that (i) the awarding of a construction contract can be accomplished within one year after funding, (ii) sufficient local funds will be made available by the City for the Project as work on the Project progresses, and (iii) the filing of the application for an allocation is authorized by the City Council; (b) Execute the Construction and Maintenance Agreement between City and BNSF and extensions thereof and thereafter perform thereunder; and 2 (c) Complete and sign before March 15, 2003 the application prepared for the City by the District for an allocation of funds from the State Grade Separation Fund (Sts. & Hy. Code, § 190) and provide the District with a certified copy of the resolution referred to in subparagraph (a) above. 4. Successive Nominations and Applications for Allocations. If the Project does not receive an allocation from the State Grade Separation Fund as a result of the application filed on or before April 1, 2003, successive applications shall be filed until the Project receives an allocation. Likewise, if the Project does not receive an allocation in either fiscal years 2002-3 or 2003-4, the Project will be renominated for ranking by the PUC on successive priority lists until the Project receives an allocation. 5. Construction of Project. If the City receives an allocation from the Grade Separation ?und to construct the Project and if the City elects to proceed to construct the Project, the parties shall negotiate in good faith and enter into a new joint agencies agreement for the final design, right of way acquisition and construction of the Project, provided however, neither the County nor the District shall be responsible for the cost of the design, right of way acquisition and construction of the Project which shall proceed at the sole cost, risk and expense of the City. 6. Indemnity. No party hereto or officer or employee thereof shall be responsible for airy damage or liability occurring by reason by anything done or omitted to be done by any other party hereto under or in connection with any work, authority or jurisdiction delegated to such other party under this agreement. Pursuant to Government Code section 895.4, each party shall fully indemnify and hold the other party harmless from any liability imposed for injury (as defined by Govenmrent Code section 810.8), occurring by reason of anything done or omitted to be done by such party under or in connection with any work, authority or jurisdiction delegated to such party under this agreement. 7. Termination. This Agreement shall terminate (1) upon the Project receiving an allocation from Caltrans from the State Grade Separation Fund (Sts. & Hy. Code, § 190) and the parties~ execution of an additional joint agencies agreement for Project final design, right of way acquisition and construction, or (2) upon 30 days written notice by any party but only if the initial application for an allocation filed pursuant to paragraph 3c above does not result in an allocation. 8. Notices. All notices or other communication required herezurder shall be in writing and shall be deemed delivered three days following deposit in the United States mail, first class postage prepaid, addressed as follows: If to District: Ruettgers & Schuler Civil Engineers 1801 21~t St., Suite 4 Bakersfield, CA 93301 If to County: Roads Department 2700 M Street, Suite 400 Bakersfield, CA 93301 If to City: City Engineer 1501 Truxtun Avenue Bakersfield, CA 93301 9. Entire Agreement. This Agreement constitutes the entire understanding of the parties concerning the subject matter hereof. No promise, condition, term or covenant, except those contained herein, shall be binding upon the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first above written. CITY OF BAKERSFIELD COUNTY OFKERN By_ BK Harvey L. Hall Mayor Approved as to form: BART J. THILTGEN City Attorney By_ Alan Daniel Deputy City Attorney Insurance: Approved as to content: PUBLIC WORKS DEPARTMENT By Raul M. Rojas Public Works Director Chairman, Board of Supervisors Approved as to form: By. Com:ty Counsel Approved as to content: Craig M. Pope Director, Roads Department County" GREATER BAKERSFIELD SEPARATION OF GRADE DISTRICT By¸ William Canessa, President By Donald A. Hall, Secretary 4 Countersigned: Approved as to form: FINANCE DEPARTMENT By Gregory J. Klimko Finance Director James R. Parker, Jr., District Legal Counsel "City" "District" 5