HomeMy WebLinkAbout2003-128
. .
.
1
2
RESOLUTION NO. 2003-128
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT
4 BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO
ASSOCIATED GOVERNMENTS (SANBAG) FOR STATE STREET STORM DRAIN
5 PROJECT, CONTRACT NO. 03-005.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8
SECTION I.
The Mayor of the City of San Bernardino is hereby authorized
9 and directed to execute on behalf of said City Amendment No.1 to Cooperative Agreement
10
11
with San Bernardino Associated Governments (SANBAG) for the design and construction of
State Street Storm Drain with the completion of Segment 11 of State Route 210. A copy of
12
13 said Amendment No. 1 to Cooperative Agreement is attached as Exhibit "B", and is made a
14 part hereof.
15
SECTION 2. The authorization to execute the above referenced Amendment NO.1 to
16
17
Cooperative Agreement is rescinded if the parties to the agreement fail to execute it within
18 sixty (60) days of the passage of this resolution.
19 III
20 III
21
22
23
24
25
26
27
28
r
.
,
2003-128
. .
1
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 EXECUTION OF AMENDMENT NO. I TO COOPERATIVE AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO
3 ASSOCIATED GOVERNMENTS (SANBAG) FOR STATE STREET STORM DRAIN
4 PROJECT, CONTRACT NO. 03-005.
5
6
7
8
9
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at aj t. regular meeting thereof, held
on the 16th day of
June
, 2003, by the following vote, to wit:
Council Members:
ABSENT
AYES
NAYS
ABSTAIN
10 ESTRADA
11
12
13
x
LONGVILLE
x
MC GlNNIS
x
DERRY
x
14
15
16 ANDERSON
SUAREZ
x
x
17 MC CAMMACK
18
x
~~);;;C~
City Clerk
19
20
21 2003.
22
23
24
The foregoing resolution is hereby approved this \ Q1"fl'\ day of June
~.~.~
/~:::~:y~~~
City of San Bernardino
25 Approved as to
form and legal content:
26
JAMES F. PENMAN,
27 City Attorney
28
2003-128
.
AMENDMENT NO.1 to CONTRACT NO. 03-005
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITYI
SAN BERNARDINO ASSOCIATED GOVERNMENTS
AND THE CITY OF SAN BERNARDINO
FOR THE
STATE STREET STORM DRAIN PROJECT
This Amendment No. 1 to SANBAG Contract No. 03-005 is entered into this 2nd day of July,
2003, by the City of San Bernardino (hereinafter called CITY) and San Bernardino County
Transportation AuthoritylSan Bernardino Associated Governments (hereinafter called
SANBAG):
WITNESSETH:
WHEREAS, SANBAG and CITY are jointly participating in a storm drain project as part of the
210 Freeway construction project at State Street; and
WHEREAS, the parties desire to amend the aforesaid contract to provide for the City of San
Bernardino to pay its share of contract costs over different periods than set forth in Contract No.
03-005;
NOW, THEREFORE, the parties do mutually agree to amend paragraphs 4 and 11 of Contract
No. 03-005 effective the same date as Contract No. 03-005 to read as follows:
4. SANBAG shall be responsible for the preparation of utility location maps and
identification of utility conflicts for the PROJECT. The CITY shall be responsible for
coordination and funding for the relocation of all utilities that are within the entire
PROJECT area, which are not already affected by the construction of Segment 1 I of the
SR-21O freeway project. The CITY shall ensure that utility clearance is obtained prior to
advertising and bidding of the PROJECT. If necessary, to ensure utility clearance of the
PROJECT, the CITY may request that SANBAG assumes responsibility of the utility
coordination efforts for the PROJECT. Funding for utility relocation shall remain the
responsibility of the CITY; however, City may request that SANBAG advance funds for
utility relocation, with City to reimburse SANBAG as provided in paragraph 11.
0:.0300501.doc
eN 03,005,01
TN 0336800
Page 1 of 2
'. l:" ....
2003-128
, ,
.
.
11. SANBAG shan be responsible for paying all contractor invoices. SANBAG shall invoice
the CITY for its share of the Project construction, utility relocation, and environmental
mitigation costs in six equal installments in January 2004, January 2005, January 2006,
January 2007, January 2008, and January 2009. When project is complete, final
adjustments will be made for total Project construction, utility relocation, environmental
mitigation and change order costs and the remaining invoices will be adjusted
accordingly. Any unresolved contractor claims existing at the time of the July 2009
invoice will be processed with a final invoice to CITY for its share of such costs upon
resolution of any such claims. The CITY shall reimburse SANBAG within 45 days after
receipt of each of SANBAG's invoices. The CITY shall be assessed no interest prior to
June 30, 2006. As of July 1, 2006, the CITY shall pay interest on any unpaid principal,
compounded quarterly. The interest rate shall be based on the San Bernardino County
Pool Quarterly Interest Rate Factor.
Except as amended by this amendment, an other provisions of Contract No. 03-005 remain in
full force and effect.
IN WITNESS THEREOF, the authorized parties have below signed.
SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY:
BY~ ~ ~"'-7y:_
Bill Alexander, Pres dent
SANBAG Board of Directors
CITY OF SAN BERNARDINO A
MUNICIPAL ORATION:
B
Susan Longville.
Date:
Date: -----j un <6
ATTEST:
1 't ? <Xi -:s
I
APPROVED AS TO FORM AND
PROCEDURE:
By:
~~~
BY:~ C~
CIT lerk
Ron Reitz
SANBAG Counsel
Date:
(I f'\ / ~:3
\ 'LQ
Date: J'-.nc: , 'LCo3
APPROVED AS TO LEGAL FORM:
Y Attorney
JA-->v<. 1/ 2"..J
/" (
O:a0300501.doc
eN 03,005,01
TN 0336800
Page 2 of 2