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Home My WebLink About2009-184 1 2 3 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 RESOLUTION NO. 2009-184 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A COOPERATIVE AGREEMENT WITH THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SANBAG) FOR INTERSTATE 215 SEGMENTS 1, 2, AND 5 SEWER RELOCATION DESIGN WORK. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the City Manager is authorized to execute Contract No. C09-216 with the San Bernardino County Transportation Authority (SANBAG) for Interstate 215 Segments 1, 2, and 5 Sewer Relocation Design Work, attached as Exhibit "A" and incorporated herein, SECTION 2. This Contract shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated hereunder until the time of such full execution. No oral agreements, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. SECTION 3. Authorization to execute the Contract is rescinded if the parties to the Contract fail to execute it within ninety (90) days of passage ofthis resolution. III /II - 1 - 2009-184 1 RESOLUTION ... APPROVING A COOPERATIVE AGREEMENT WITH THE 2 SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SANBAG) FOR INTERSTATE 215 SEGMENTS 1,2, AND 5 SEWER RELOCATION DESIGN WORK. 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint regular meeting thereof, held 6 on the 6th day of July , 2009, by the following vote, to wit: 7 Council Members: 8 9 10 11 12 13 14 15 16 17 18 AYES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x BRINKER x x SHORETT KELLEY x JOHNSON x MC CAMMACK ----1L ~ht,~ ..Rac el Clark, City Clerk -r..t: The foregoing resolution is hereby approved this 1__ day of July 19 20 21 22 Approved as to form: ,2009. 23 JAMES F. PENMAN, 24 City Attorney 25 26 27 28 ?~ - 2 - Attachment" 1 " 0 s 0 0 0 0 0 0 0 l'l 0 0 0 '" 0 '" " ,..: .,; N 111 ,... '" '" Iii co '" '" m ~ N N ~ ... s s s 0 0 0 0 0 0 c 0 0 0 0 0 0 :J 0" 0" .,; 0 0 0 '" ~ '" ~ '" ~ ~ ~ ~ ~ '" c '" E '" l!! :f ~ '" I/) :II- ::J ~ ~ co '" (!) 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SAN BAG Contract No. C09216 by and between 2009-184 San Bernardino Countv TransDortation Authoritv Citv of sa~n:ernardino t Q) f If for CooDerative Aareement for 1-215 Seaments 1.2. and 5 Sewer Relocation Desian Work FOR ACCOUNTING PURPOSES ONLY Exhil)it "A" Original Contract: D Payable Vendor Contract # Retention: !ZI Original !ZI Receivable Vendor 10 Dyes % 181 No n Amendment Notes: Cooperative Agreement specifies reimbursement for consultant sewer relocation work Previous Amendments Total: $ Previous Amendments Contingency Total: $ Current Amendment: $ Current Amendment Contingency: $ $ 300,000,00 Contingency Amount: $ Contingency Amount requires specific authorization by Task Manager prior to release. Contract TOTAL + I $ 300.000.00 + Please include funding: allocation for the ori~inaJ contract or the amendment. Cost Code Fundlna Sources Grant 10 Amounts Citv of San Bernardino $ 300,000 $ $ $ Original Board Approved Contract Date: 7/1/09 Contract Start: 7/1/09 Contract End:12/31/09 New Amend, Approval (Board) Date: Amend, Start: Amend. End: If this is a multi-year contract/amendment, please allocate budget authority among approved budget authority and future fiscal year(s)-unbudgeted obligations: , Approved Budget ! Fiscal Vear: 09/10 Future Fiscal Vear(s) - Authority + i $ 300.000 Unbudgeted Obligation + i $ Is this consistent with the adopted budget? !ZIVes DNo If yes, which Task includes budget authority? 834 If no, has the budget amendment been submitted? DVes DNo CONTRACT MANAGEMENT Ii!!! 834 5553 Please mark an "X" next to all that apply: _Q !~~~r_~~~~~~_I!I.~~_~I._ _ ___l?I_~!!~~~~ _ ___ __Q_~~~~~~I_. __ _ _Q _ ~~!_ _ _ __ _ g!:,~~!~ _ L~c~!.. _ __ _ __ _ __ __ _ _ _ _ __ Disadvantaged Business Enterprise: !ZINo DVes % Task Manager: Garry Cohoe I Contract Manager: Dennis Saylor Task Manager Signature Date Contract Manager Signature Date Chief Financial Officer Signature Date C09216 TN 834 2009-184 CONTRACT C09-216 Page 1 of3 COOPERATIVE AGREEMENT BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY/ SAN BERNARDINO ASSOCIATED GOVERNMENTS AND CITY OF SAN BERNARDINO FOR THE INTERSTATE 215 SEGMENTS 1,2, AND 5 SEWER RELOCATION DESIGN WORK This Cooperative Agreement is made and entered into this 1st day of July, 2009 (herein referred to as AGREEMENT), by and between the City of San Bernardino (herein referred to as CITY), and the San Bernardino County Transportation Authority/San Bernardino Associated Governments (herein referred to as SANBAG). This AGREEMENT defines specific SANBAG and CITY tasks and responsibilities for the development of sewer relocation plans associated with the Interstate 215 realignment and reconstruction project through the City of San Bernardino (herein referred to as the PROJECT). Witnesseth WHEREAS, the PROJECT consists of realigning and reconstructing the Interstate 215 corridor through the City of San Bernardino; and WHEREAS, construction of the PROJECT will require relocation of certain City sewer facilities due to the realignment and reconstruction of the PROJECT improvements; and WHEREAS, SANBAG has a consultant (AECOM) under contract for developing the plans, specifications, and estimates (PS&E) for the PROJECT improvements and AECOM is therefore familiar with the PROJECT impacts on the City sewer facilities; and WHEREAS, SANBAG has directed AECOM to prepare a PS&E package for the CITY'S sewer relocations; and WHEREAS, CITY staff has reviewed and approved the PS&E prepared by AECOM; and WHEREAS, the CITY is willing to reimburse SANBAG for the costs of preparing the PS&E package and other associated costs for the relocation of CITY sewer facilities. C09216 TN 834 2009-184 Page 2 00 Therefore, both SANBAG and CITY agree to the following: 1. SANBAG shall continue to provide their PS&E design consultant, AECOM, to the CITY for purposes of helping the CITY prepare a PS&E package for the required sewer relocations associated with the PROJECT. 2. SANBAG shall continue to direct AECOM to track their expenses for their design, coordination, and other direct costs, including subconsultants, for services the CITY requires to prepare the PS&E package and to assist in addressing any bid questions during the contractor procurement process. 3. SANBAG shall continue to pay AECOM for any costs incurred on behalf of the CITY and then submit copies of any invoices to the CITY for full reimbursement by the CITY. 4. CITY shall reimburse SANBAG within 30 days of receiving and approving the invoices from SANBAG, up to $300,000 for costs which SANBAG has paid to AECOM for preparation of the PS&E package. 5. This AGREEMENT shall terminate 6 months after project completion. III III C09216 TN 834 2009-184 Page 3 on CONTRACT C09216 COOPERATIVE AGREEMENT for INTERSTATE 215 SEGMENTS 1,2, AND 5 SEWER RELOCATION DESIGN WORK IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year first set forth above: SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY: CITY OF SAN BERNARDINO By: ~~W1, ~~ Paul M. Eaton President, SANBAG Board of Directors By: Name: Charles E. McNeely Date: 9/J-!ty; I f Title: CitYJMTager Date: 1/ ~ 0- APPROVED AS TO FORM AND PROCEDURE: By: \L Q (JJ J~ne Basle SANBAG Counsel APPROVED AS TO FORM: By: 7-~ Date: 7 - G. 1. -l) 7 C09216 TN 834