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ORiGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Development Services
Subject: Resolution approving a Cooperative
Agreement (Contract No. C 09-216)
with the San Bernardino County
Transportation Authority
(SANBAG) for Interstate 215
Segments 1, 2, and 5 Sewer
Relocation Design Work.
From: Valerie C. Ross, Director
Date: June 9, 2009
MCC Date: July 6, 2009
Synopsis of Previous Council Action:
03-16-09
Resolution approved authorizing the execution of Utility Relocation Agreement
Nos. 18720,19740,21245 and 20887 with the State of California, Department of
Transportation for the relocation of City Sewer Facilities, per Plan Nos. 12574 &
12517, due to the widening of the 1-215 and 1-210 freeways.
Recommended Motion:
Adopt Resolution.
~{/.i!w
Valerie C. Ross
('nnh.d person: Robert Eisenbeisz, City Engineer
Phone:
5203
Supporting data attached: Staff Report, Reso. & Agreement
Ward: 1,2&6
FUNDING REQUIREMENTS: Amount:
$ 300,000
Source (Acct. No.)
242-362-5504-7848
Acct. Description: SW09-03 1-215 Sewer Relocations
Finance:
;&scJ Z<XJ9-/d"!
Agenda Item No--2J
1-(,-0'1
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution approving a Cooperative Agreement (Contract No. C 09-216) with the San
Bernardino County Transportation Authority (SANBAG) for Interstate 215 Segments 1,2, and
5 Sewer Relocation Design Work.
Backl!:round:
On March 16, 2009, the Mayor and Common Council approved four Utility Relocation
Agreements with the California Department of Transportation (Caltrans) to relocate City sewer
facilities that conflict with the widening of the Interstate 215 Freeway.
SANBAG recently received assurance that it will receive stimulus money under the American
Recovery and Reinvestment Act (ARRA) of 2009. This new funding will allow SANBAG to
proceed with bidding Segments I, 2, and 5 pending relocation of utilities that conflict with
construction some of which are owned by the City of San Bernardino.
Those segments include:
. Segment No. I between Rialto Avenue and 8th Street, which includes City sewer relocations
at 2nd Street, Main Street, 3'd Street, Kingman Street, alley north of 5th Street, Spruce Street,
Victoria Street, 7th Street, Vine Street, and 8th Street.
. Segment No.2 between 8th Street and Massachusetts Avenue, which includes City sewer
relocations at Temple Street, 10th Street, Olive Street, 11th Street, Orange Street, Baseline
Street, Virginia Street, and 17'h Street.
. Segment No. 5 between Massachusetts A venue at 19th Street, which includes City sewer
relocation at Massachusetts Avenue.
On May 28, 2009, the San Bernardino Associated Governments (SANBAG) acting as the San
Bernardino County Transportation Authority submitted the attached Contract No. C 09-216 to
the City for approval. This contract will authorize reimbursement of funds already paid by
SANBAG to AECOM, its design Consultant, to perform the design work necessary for
relocation of City sewers that conflict with the widening ofI-2l5, Segments 1,2, and 5.
In order to expedite the work, SANBAG paid AECOM for the design and is requesting that the
City execute the attached Agreement authorizing the reimbursement of the $300,000 cost of the
work. The City will apply for reimbursement from Caltrans under terms of the aforementioned
Utility Agreements.
2
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT (Continued)
In a further effort to expedite the work, City staff approved the plans prepared by AECOM and
bid Segments I, 2, and 5. City staff also bid Segment II, which includes City sewer relocations
between Cajon Boulevard and Miramonte Drive at 27th Street on June 2, 2009. The award of
construction contracts to Weka, Inc. for the work encompassed by Segments I, 2, and 5 of the 1-
215 widening and to EI-Co Contractors, Inc. for the work encompassed by Segment II of the
210 Freeway are being scheduled concurrently with this item.
Financial Impact:
Sufficient funds are available in Acc!. No. 242-362-5504-7848 and a corresponding amount in
revenues will be reimbursed by Caltrans for project "SW09-03 1-215 Sewer Relocations" to
cover the cost of this design work. All related costs will be reimbursed by Caltrans pursuant to
the approved Utility Relocation Agreements. See the attached table for cumulative project
costs.
Recommendation:
Adopt Resolution.
Attachments:
I Cumulative Project Costs Table
2 Resolution
3
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1
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A
3 COOPERATIVE AGREEMENT WITH THE SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY (SANBAG) FOR INTERSTATE 215 SEGMENTS 1,
4 2, AND 5 SEWER RELOCATION DESIGN WORK.
5
RESOLUTION NO.
6
7
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
8 the San Bernardino County Transportation Authority (SANBAG) for Interstate 215 Segments 1,
9 2, and 5 Sewer Relocation Design Work, attached as Exhibit "A" and incorporated herein.
10
11 and executed by the parties and no party shall be obligated hereunder until the time of such full
12
13
SECTION 2. This Contract shall not take effect or become operative until fully signed
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.
14
15
16
17 III
18 1//
19
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 of this resolution.
20
21
22
23
24
25
26
27
28
- I -
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
5 Common Council of the City of San Bernardino at a
6
7
8
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
meeting thereof, held
on the
day of
,2009, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
9
10 BAXTER
11 BRINKER
12 SHORETT
13 KELLEY
14 JOHNSON
15
MC CAMMACK
16
17
18
Rachel Clark, City Clerk
19
The foregoing resolution is hereby approved this
day of
,2009.
20
21
22
Approved as to form:
23
24
25
26
27
Patrick 1. Morris, Mayor
City of San Bernardino
JAMES F. PENMAN,
City Attorney
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28
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SAN BAG Contract No. C09216
by and between
San Bernardino County Transportation Authoritv
and
City of San Bernardino
for
Cooperative Aareement for 1-215 Seaments 1. 2. and 5 Sewer Relocation Desian Work
FOR ACCOUNTING PURPOSES ONLY
Exhibit "A"
Original Contract:
o Payable Vendor Contract # Retention: ~ Original
~ Receivable Vendor 10 0 Yes % 181 No 0 Amendment
Notes: Cooperative Agreement specifies reimbursement for consultant sewer relocation work
Previous Amendments Total: $
$ 300.000.00
Previous Amendments Contingency Total: $
Current Amendment: $
Current Amendment Contingency: $
$
Contingency Amount:
Contingency Amount requires specific authorization by Task Manager prior to release.
Contract TOTAL +
I $ 300.000.00
~ Please include fundine: allocation for the original contract or the amendment.
Cost Code Fundina Sources Grant 10 Amounts
5553 Citv of San Bernardino $ 300.000
$
$
$
Original Board Approved Contract Date: 7/1/09 Contract Start: 7/1/09 Contract End:12131/09
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 Year: 09/10 Future Fiscal Year{s)-
Authority + $ 300.000 Unbudgeted Obligation + $
Is this consistent with the adopted budget? ~Yes DNo
If yes. which Task includes budget authority? 834
If no, has the budget amendment been submitted? DYes DNo
CONTRACT MANAGEMENT
Task
834
Please mark an "X" next to all that apply:
_q !n_t~~~?~E!~n_~E!~_t~l_ _ _ _ _ _ ~ _~ri~~~E! _ _ __ _ _q _~~n~L_~~~I__ _ _ _ _ q _~~c:~! _ _ _ _ __ q !.'~rt!~_ ~~~! _ _ __ _ __ _ _ _ _ _ __ _ _ ___
Disadvantaged Business Enterprise: ~No DYes %
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
CONTRACT C09-216
Page I 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
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 SAN BAG 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
Page 3 00
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:
By:
Paul M. Eaton
President, SANBAG Board of
Directors
Name: Charles E. McNeely
Title: City Manager
Date:
Date:
APPROVED AS TO FORM AND
PROCEDURE:
APPROVED AS TO FORM:
By:
By:
7"-A-.
Jean-Rene Basle
SANBAG Counsel
Date:
C09216
TN 834