AR 111610 Agreement with San Bernardino Associated Governments

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Cooperative Agreement for Engineering Design and Environmental Compliance Phase of the Laurel Street Grade Separation Project in Colton, California In addition to its own share of the Engineering/Environmental Phase, SANBAG shall fund UPRR's percentage share described in the MOU, thereby increasing UPRR's contribution to the Right -of - Way Phase and/or Construction Phase by the share of the Engineering/Environmental Phase cost paid by SANBAG. G. CITY and SANBAG also understand that, pursuant to Section 6(a)(4) of the MOU, BNSF is obligated to contribute either 5% or 10% towards the Total Project Costs of the entire Colton Crossing Project, which amount will proportionately reduce the contribution obligations of CITY and SANBAG. Although BNSF is not contributing to this Engineering/Environmental Phase, which thereby requires the CITY and SANBAG to contribute more to this phase than they would otherwise be obligated to do, BNSF's full percentage obligation of the Total Project Costs of the entire Colton Crossing Project will be accounted for in either the Right -of -Way Phase or the Construction Phase, and the obligations of the CITY and SANBAG during those phases will be reduced accordingly." The Parties now desire to enter into this Agreement for purposes of defining the roles and responsibilities of the Parties with respect to the Engineering/Environmental Phase of the Project. Issues related to property acquisition and construction of the Project shall be addressed through separate agreements, and nothing in this Agreement shall obligate any Party with respect to future agreements. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound hereby, agree as follows: 1.Definitions. As used in this Agreement, the following terms shall have the following meanings: "Construction Bid Package" means the final plans, specifications and contract requirements from which bids to complete the construction are received. "Engineering Design" means an engineering design for the construction of structures, track, and signal system related to the Project to a level of one hundred percent (100%), with the final product being the Construction Bid Package approved in writing by SANBAG and deemed aesthetically and functionally acceptable to the CITY. "Engineering Design Commencement Date" means the date upon which SANBAG begins design work that shall be reimbursable as set forth in Section 4(a). "Engineering Design Completion Date" means the date on which the Engineering Design of the Project has been completed. "Engineering Design Contract" means a contract executed between SANBAG and an Engineering Firm (which may be a master contract) for completion of all or part of the Engineering Design. C11084 2 of 10 23152.06163\5582260.3