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Home My WebLink About1992-101 1 RESOLUTION NO. 92-101 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE SOUTH "E" STREET BRIDGE WIDENING PROJECT 3 CONSTRUCTION FUNDING AGREEMENT WITH THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, RELATING TO THE WIDENING OF THE SOUTH 4 "E" STREET BRIDGE OVER THE SANTA ANA RIVER. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of said City, the South "E" Street Bridge Widening Project Construction Funding Agreement with the San Bernardino County Transportation Authority, relating to the widening of the South "E" Street Bridge over the Santa Ana River, a copy of which agreement is attached hereto, marked Exhibit "A," and incorporated herein by reference as fully as though set forth at length herein. SECTION 2. The agreement shall not take effect until fully signed and executed by both parties. The City shall not be obligated hereunder unless and until the agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION 3. This resolution is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. / / / / / / / / / / / / / / / / / / / / / / / / 25 26 27 28 2-28-92 r L RESO: AUTHORIZING EXECUTION OF AGREEMENT WITH SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY RELATING .TO FUNDING FOR SOUTH "E" STREET BRIDGE WIDENING. 1 2 3 I HEREBY CERTIFY that the foregoing resolution was duly Common Council of the Ci ty of San adopted by the Mayor and Bernardino meeting thereof, held on the at a reqular 4 16th day of March 5 Council Members: , 1992, by the following vote, to-wit: NAYS ABSTAIN ABSENT AYES 6 ESTRADA 7 REILLY x x 8 HERNANDEZ x 9 MAUDSLEY 10 MINOR x x 11 POPE- LUDLAM 12 MILLER x x 13 14 15 16 17 18 19 20 21 22 23 24 @~~k The foregoing resolution is hereby approved this IS~ V\~ Cv\-~~ , 1992. day of /" Approved as to form and legal content: James F. Penman City Attorney ~ 't e By ~ - {A/VW~ 25 26 27 28 - 2 - . City of San Bernardino Res. 92-101 SOUIll "E" STREET BRIDGE WIDENING PROJECT CONSTRUCTION FUNDING AGREEMENT Contract Number 92-{)l3 TmS AGRE.EMENT, made and entered into thi~ .1.L~ of JY\l'W,~, 1992, by and between the SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, hereiTUJfter referred to as "SANBAG", and the Cl7Y OF SAN BERNARDINO, hereinafter referred to as -Cl7Y-. WITNESSETH WHEREAS, SANBAGand Cl7Y consider that the widening of the South "E" Street Blidge over the Santa Ana River as a high priority project; and WHEREAS, the widening of the South "E" Street Bridge will provide improved transportation circulation; and WHEREAS, on August 7, 1991, the SANBAG Board approved $4,200,000 of Measure 1 Arterial Funding for the South "E" Street Bridge widening; and WHEREAS, the precise alignment and design, hereinafter described as "PROJECT", has been completed and includes construction of infrastructure improvements along South "E" Street Bridge over the Santa ATUJ River within "CITY"; and WHEREAS, Cl7Y has retained a consultant to provide construction engineering and inspection of the PROJECT, as outlined under Scope of Work, Exhibit "A" attached heretO', to ensure the PROJECT will be constructed in compliance with the plans and specifications entitled "SOUTH "E" STREET BRIDGE WIDENING, AT THE SANTA ANA RIVER. " NOW, THEREFORE, it is hereby agreed by and between SANBAG and Cl7Y as follows: A. Cl7Y Shall: 1. Act as the lead agency for the project. 2. Enter into, and administer the engineering services contract and cOl/Struction contract providing for construction engineering, inspection, and CO/'Lvtruction of the project. 3. Maintain project cost lecords, progress reports and monthly bill SANBAG for consultant and construction costs. 4. Not sublet or transfer to others any work except as is otherwise provided in this Agreement. 111 the event that any such other persofl.S are retained l:ry CITY, Cl7Y hereby warrants that such persons shall be fully qualified to perform services required hereunder. Cl7Y further agrees tliat TUJ other persons shall be retained except upon the prior written approval of SANBAG. Supplemental consultant contract(s), ifnecessary, shall contain all required provisions of the initial contract. 5. In the peiformance of this Agreement, shall act as an independent contractor. 6. Peifonn all services required under the Agreement in a careful, diligent and professional matter. 7. Shall maintain all books, documents, papers accounting records and other evidence pertaining to costs incurred for the services and shall make all such material available at any reasonable time during the tenn of work and for five (5) years from the dote of final payment to CITY by SANBAG for work peifonned by CITY on the services as authorized by SANBAG. SANBAG, or any of its duly authorized representatives, shall have access to any books, documents, papers and records of CITY, which are directly pertinent to this Agreement for the purpose of making any audit, examination, excerpts and transcriptions. Also, records supporting cost proposal shall be available for review by authorized representatives of SANBAG, and if such dota is used to support a contract entered into with CITY, it shall be subject to a five (5) year retention period. 8. Shall post signs on ends of project nating that project is funded with Measure I Arterial Funds. Sign shall bear the logos of San Bernardina Associated Governments and the City of San Bernardino. Sign specifications will be provided by SANBAG. 9. Apply for funding in the StatelLocal Partnership Program. Any funding derived from the StatelLocal Partnership shall be returned to SANBAG in proportion to SANBAG's financial participation in the project construction. 10. Will utiUze the services of an outside materials testing laboratory. R. SANBAG shall: . I. Bear responsibility for the project costs, as specifically detailed on Exhibit "B" attached hereto. 2. Make momhly payments to ciTY, and tr,ey shall be made asfollows: a. Payme!lts to ClTY shall be made by SANBAG in accordance with the invoices submitted by crrr as work is completed and such invoices shall be paid within thirty (30) days after said invoices are received and approved by SANBAG. b. If major changes in the scope, character or total cost of the PROJECT become necessary, CITY and SANBAG shall negotiate a Supplemental Agreement (0 the mutual acceptance of both parties hereto. 3. Develop and provide specification for signs denoting project funding sources. IT IS MUTUALLY AGREED AS FOlLOWS: 1. SANBAG'Sfinancial responsibility shall be 100 percent of the project costs not to exceed $4,200,000 unless additionol expenditures is authorized by both agencies. 2. No pany to this Agreement, or any officer, agent or any employee thereof shall be responsible for any damage or liability occurring by reason of anything done by the other parties to the Agreement, under or in connection with any work, authority or jurisdiction delegated to the other party under this Agreement. It is also agree that, pursuant to Government Code Sedion 895.4. each pany sholl fully defend, indemnify and hold the other pany hannless from any liability imposed for injury (as defined by Govenunenr Code Sedion 81O.8J occurring by reason of anything done or omitted to be done, by the other pany, under or in connection with any work authority or jurisdiction under this Agreement. 3. In the event any action is commenced to enforce or interpret the tenns or conditions of this Agreement, the prevailing pany shall, in addition to any costs and relief, be entitled to reasonable attorney's fees. 4. Any notices, demands, invoices and written communication by mail shall be deemed to hove been received by the addressees fony-eight (48) hours after deposit thereofin the United States mail, postage prepaid and propeny addressed as set fonh below. Notice to CITY shall be addressed to: ROGER HARDGRAVE DlRECFOR OF PUBliC WORY.s CITY OF SAN BERNL'H<DINO 300 ,\'. "D" STREET SAN BERRNARD1NO, C4 92418' AGREEMENT: SOUTH n.E n STREET BRIDGE WIDENING PROJECT Notice to SANBAG shall be addressed to: KERRY FORSYlHE DEPUTY EXECUI1VE DIRECTOR SAN BERNARDINO ASSOCIATED GOVERNMENTS 472 NORTH ARROWHEAD A VENUE SAN BERNARDINO, C4 92401 5. Any dispute arising from a question of fact in connection with the work to be performed hereunder, not disposed of by the Agreement shall be resolved by mutual agreement of the parties hereto. 6. This Agreement will be considered tenninated upon completion of said services or on March 31, 1993, whichever occurs first, unless extended in writing by SANBAG. 7. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties involved. IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their respective officials, thereUnto duly autharized. CITY OF SAN BERNARDINO SAN BERNARDINO COUNTY TRANSPORIA110N ArmIO By: Attest: By: ~~~~';j~ City rk By: ~' ~,<: I .;Iz (\ 71d %V R-esley . McDaniel Executive Director Approved as to fonn and legal content: By: ) ,)e~ ames Penman, City Attorney By: ~ ,/>, j:2.~ Ron Reitz, SANBAG Counsel EXHIBIT "A" EXHIBIT ftAft SCOPE OF WORK Widen the existing two (2) lane bridge for South "E" Street over the Santa Ana River. This widening will increase the roadway width from 41 feet to 72 feet, which will allow two (2) additional traffic lanes and a left turn lane to be provided. Traffic signals will be installed at the intersection of South "E" Street and Fairway Drive. A sidewalk will also be provided on the side being widened. EXHIBIT "B" EXHIBIT nBn PROJECT COSTS Widening South "En Street Bridge Over the Santa Ana River Construction Contract $ 3,599,452.80 Preliminary Engineering N/A Construction Engineering 255,000.00 Sub-Total $ 3,824,452.80 Contingencies (15%):!: 575,547.20 TOTAL ESTIMATED PROJECT COST $ 4,400,000.00