HomeMy WebLinkAbout2005-092
,
1
2
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AMENDMENT NO. 2 TO COOPERATIVE AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO
4 ASSOCIATED GOVERNMENTS (SANBAG) FOR STATE STREET STORM DRAIN
5 PROJECT, CONTRACT NO. 03-005.
6
7
8
9
10
11
12
13
RESOLUTION NO. 2005-92
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION I.
The Mayor of the City of San Bernardino is hereby authorized
and directed to execute on behalf of said City Amendment No. 2 to Cooperative Agreement
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
said Amendment No.2 to Cooperative Agreement is attached as Exhibit "B", and is made a
14 part hereof.
15
16
17
18
19 III
20 III
21
22
23
24
25
26
27
28
SECTION 2. The authorization to execute the above referenced Amendment NO.2 to
Cooperative Agreement is rescinded if the parties to the agreement fail to execute it within
sixty (60) days of the passage of this resolution.
J
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AMENDMENT NO. 2 TO COOPERATIVE AGREEMENT
2 BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO
3 ASSOCIATED GOVERNMENTS (SANBAG) FOR STATE STREET STORM DRAIN
PROJECT, CONTRACT NO. 03-005.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
joint
and Common Council of the City of San Bernardino at a regular
meeting thereof, held
on the18th day of April
, 2005, by the following vote, to wit:
Council Members:
NAYS
ABSENT
AYES
ABSTAIN
ESTRADA
x
LONGVILLE
x
MC GINNIS
x
DERRY
x
KELLY
x
JOHNSON
x
MC CAMMACK
x
0fMdAaJ!rzpdma4 I)Q/Xlki
City Clerk / , d
The foregoing resolution is hereby approved this Jolt. day of April
2005.
Approved as to
form and legal content:
udith Valles, Mayor
ty of San Bernardino
JAMES F. PENMAN,
City Attorney
By: ~+/~
'.
Exhibit "B"
AMENDMENT NO. 2 to CONTRACT NO. 03-005
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY/
SAN BERNARDINO ASSOCIATED GOVERNMENTS
AND THE CITY OF SAN BERNARDINO
FOR THE
STATE STREET STORM DRAIN PROJECT
This Amendment No. 2 to SANBAG Contract No. 03-005 is entered into this 6th day of April,
2005, by the City of San Bernardino (hereinafter called CITY) and San Bernardino County
Transportation Authority/San 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 start of construction on the project has been delayed and only recently has
started; and,
WHEREAS, the parties desire to amend the aforesaid contract to reflect the delayed construction
start date as it relates to the City of San Bernardino paying its share of contract costs over a time
period set forth in Contract No. 03-005 and amendment I;
NOW, THEREFORE, the parties do mutually agree to amend paragraph 11 of Contract No. 03-
005 Amendment 1, effective the same date as Contract No. 03-005 to read as follows:
11. SANBAG shall be responsible for paying all contractor invoices. SANBAG shall invoice
the CITY for its share of the Project construction, utility relocation, and enviromnental
mitigation costs in six equal installments in April 2005, April 2006, April 2007, April
2008, April 2009, and April 2010. When project is complete, final adjustments will be
made for total Project construction, utility relocation, enviromnental mitigation and
change order costs and the remaining invoices will be adjusted accordingly. Any
unresolved contractor claims existing at the time of the April 2010 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, 2007. As
of July 1, 2007, the CITY shall pay interest on any unpaid principal, compounded
Sanbagportal-11 Agreements and Resolutions-a0300502-das.doc
Page 1012
'.
quarterly. The interest rate shall be based on the San Bernardino County Pool Quarterly
Interest Rate Factor.
Except as amended by this amendment, all other provisions of Contract No. 03-005 and its
Amendment 1 remain in full force and effect.
IN WITNESS THEREOF, the authorized parties have below signed.
SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY:
CITY OF SAN BERNARDINO A
MUNICIPAL 'ORPORATION:
By:5~ ~ -
Paul Biane, President
SANBAG Board of Directors
'I/~/pr
I (
Date:
APPROVED AS TO FORM AND
PROCEDURE:
ATTEST:
By:
~-G6-'
-Rene Basle
SANBAG Counsel
~,
By ~riwnrecb(l(v ~
CITY Clerk )
Date:
4/7/ 0 /"
Date:
c;A~5
APPROVED AS TO LEGAL FORM:
By: ~l)tJfj~1i ~
CITY Atllrney
Date: ~ ~
Sanbagportal-11 Agreements and Resolutions-a0300502-das.doc
Page 2 012
Exhibit "B",
AMENDMENT NO.2 to CONlRACT 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.2 to SANBAG Contract No. 03-0p5 is entered into this 6th day of April,
2005, by the City of San Bernardino (hereinafter called CITY) and San Bernardino County
Transportation Authority/San 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 start of construction on the project has been delayed and only recently has
started; and,
WHEREAS, the parties desire to amend the aforesaid contract to reflect the delayed construction
start date as it relates to the City of San Bernardino paying its share of contract costs over a time
period set forth in Contract No. OJ-005 and amendment I;
NOW, THEREFORE, the parties do mutually agree to amend paragraph II of Contract No. 03-
005 Amendment 1, effective the same date as Contract No. 03-005 to read as follows:
11. SANBAG shall 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 April 2005, April 2006, April 2007, April
2008, April 2009, and April 2010. 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 April 2010 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, 2007. As
of July 1, 2007, the CITY shall pay interest on any unpaid principal, compounded
Sanbagportal-11 Agreements and Resolutions-a0300502-das.doc
Page 1 012
I.
!
quarterly. The interest rate shall be based on the San Bernardino County Pool Quarterly
Interest Rate Factor.
Except as amended by this amendment, all other provisions of Contract No. 03-005 and its
Amendment 1 remain in full force and effect.
IN WITNESS ~REOF, the authorized parties have below signed.
SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY:
CITY OF SAN BERNARDINO A
MUNICIPAL CORPORATION:
.By:g~~,-
Paul Biane, President
SANBAG Board of Directors
By:
~.
th Valles, Mayor
Date:
L( /:;O/D~
I . l
A'ITEST:
APPROVED AS TO FORM AND
PROCEDURE:
BY:~~~' ~.
an-Rene Basle
SANBAG Counsel
Bdjjl()tkufly~ J\I~
CITY Clerk
. ,
Date:
yJ 7/0"
I .
Date:
'f!:J~/O~
APPROVED AS TO LEGAL FORM:
By:JJ~~j( flt~
Date: r /tr/~~/'"
Sanbagportal-11 Agreements and Resolutions-a0300502-das.doc
Page 2 of2