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Home My WebLink About1995-141 1 2 3 4 5 6 RESOLUTION NO. 95-141 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A REU1BURSEMENT AGREEMENT WITH THE INLAND VALLEY DEVELOPMENT AGENCY RELATIVE TO THE IMPROVEMENT OF SAN BERNARDINO AVENUE, FROM RICHARDSON AVENUE TO MT. VIEW AVENUE. 8 City, 18 BE IT RESOLVED BY THE MAYOR AND COMtlON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute, on behalf of said a Reimbursement Inland Valley Agreement with the 9 Development Agency for the improvement of San Bernardino Avenue, 10 from Richardson Avenue to Mt. View Avenue. A copy of said 11 agreeMent is attached hereto, marked Exhibit "A" and incorporated 12 herein by reference as fully as though set forth at length. 13 SECTION 2. The agreement shall not take effect until 14 fully signed and executed by both parties. The City shall not be 15 obligated hereunder unless and until the agreement is fully 16 executed and no oral agreement relating thereto shall be implied 17 or authorized. SECTION 3. This resolution is rescinded if the parties 19 to the agreement fail to execute .t- within ninety (90 ) days of ~- 20 the passage of this resolution. 21 / / / / 22 / / / / 23 / / / / 24 / / / / 25 / / / / 26 / / / / 27 / / / / 28 / / / / 4-10-95 /5-11,1/ RESO: AUTHORIZ.IHG EXECUTION OF AGREEMENT.. WITH IMPROVEMENT OF SAN BERNARDINO AVENUE.. IVDA FOR 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a 4 1st day of May 5 Council Members: 6 NEGRETE 7 CURLIN 8 HERNANDEZ regular meeting thereof, held on the , 1995, by the following vote, to-wit: AYES NAYS ABSTAIN ABSENT x x -- x 9 OBERHELMAN x 10 DEVLIN x 11 POPE-LUDLAM x 12 MILLER x ~Vll~ , Tom Minor, Mayor 19 Ci ty of San Bernardino Approved as to form 20 and legal content: 13 14 15 16 day of 17 18 WlPfl (JW /oL ~'rilt1Yu{fl;ftLCl~~. The foregoing resolution ~rebY approved this ) _~ May , 1995. 21 Janes F. Penman City Attorney 22 23 24 25 26 27 28 T-~ - 2 - 95-141 REIMBURSEMENT AGREEMENT . TillS Reimbursement Agreement (the "Agreement") is made and entered into this '31 '{ day of t1f U ,1995, by and between the City of San Bernardino, a municipal corporation (the "C" "), and the Inland Valley Development Agency, a joint powers authority (the "IVDA"). WHEREAS, the IVDA and the City desire to construct certain right-of-way improvements on that portion of San Bernardino Avenue from Mountain View Avenue to Richardson Avenue (the "Site"), which is located in the Inland Valley Redevelopment Project Area (the "Project Area") and depicted on the Site Map attached hereto as Exhibit "A" and incorporated herein by this reference. WHEREAS, the City shall cause the design, acqUISItion, construction, and installation of the improvements on the Site including installation of curbs, gutters, and driveways, and widening that portion of San Bernardino Avenue on the Site from two to four traffic lanes (the "Street Improvements"), which are more fully described in Exhibit "B" attached hereto and incorporated herein by this reference. WHEREAS, Section 33320.5(b) of the Health and Safety Code authorizes the IVDA to act as a redevelopment agency to promote redevelopment of the Project Area and authorizes the IVDA to act as the legislative body and planning commission for approvals and actions required by such bodies to implement the Redevelopment Plan for the Inland Valley Redevelopment Project Area. WHEREAS, Health and Safety Code Section 33445 authorizes the IVDA to expend its funds toward the construction of public improvements and facilities when certain findings are made by the IVDA. WHEREAS, construction of the Street Improvements are necessary to promote the health, safety, and welfare of the residents of the Project Area and the community by: (a) creating safer traffic and circulation conditions, and (b) preventing flooding and insuring proper surface drainage of storm water runoff onto San Bernardino A venue in the winter months and of irrigated water which flows onto San Bernardino A venue during the remainder of the year and causes a nuisance to those who reside in the Project Area. WHEREAS, the IVDA has determined that an economically feasible alternative method of financing the Street Improvements is not reasonably available and that the IVDA is only acting as a funding source for completion of the Street Improvements and will benefit from the completion of the Street Improvements. -1- 1{)-N/ NOW, THEREFORE, the City and the IVDA agree as follows: SECTION 1. CONSTRUCTION OF STREET IMPROVEMENTS. City shall be responsible for the design acquisition, construction, and installation of the Street Improvements on San Bernardino Avenue which are shown on Exhibit "A," and shall acquire any necessary rights-of-way to commence construction of the Street Improvements. SECTION 2. REIMBURSEMENT. Upon completion of construction of the Street Improvements, the IVDA shall reimburse the City for the actual costs of the Street Improvements, including design expenses, and engineering and construction costs in a total amount not to exceed Two Hundred Fifty Thousand Dollars ($250,000). Following completion of the Street Improvements, the City shall submit to the IVDA for its review and approval, documentation substantiating the costs of design and construction of the Street Improvements. The IVDA shall reimburse the City for the costs of constructing the Street Improvements within thirty (30) days of the IVDA's verification and approval of said costs. SECTION 3. DESIGN. City shall prepare the plans, drawings, and specifications required for construction of the Street Improvements. SECTION 4. BIDDING AND AWARD. Construction and installation of the Street Improvements shall be performed by trade contractors. Pursuant to California Public Contract Code Section 20688.2, City shall solicit at least three (3) bids for each portion of construction of the Street Improvements to be performed by trade contractors and shall award contracts for construction of the Street Improvements to the lowest responsible bidder. Trade contracts shall be executed between the City and each trade contractor on terms consistent with accepted bids. SECTION 5. INDEMNIFICATION. 5.1 Citv. City shall indemnify, defend, and hold harmless the IVDA, its officers, employees, and agents from and against any and all liability, claims or actions, including attorney's fees, for injury of any type claimed which is brought by any individual or entity, whether public or private, arising from or related to the design or construction of the Street Improvements. 5.2 Trade Contractors. All contracts between the City and trade contractors for construction of the Street Improvements shall include a provision requiring the trade contractor to defend, indemnify, and hold harmless the IVDA, its officers, employees, and agents from and against all liability, claims or actions including attorneys' fees, for injury of any type claimed which is brought by any individual or entity, whether public or private, arising from or related to construction of the street improvements. -2- SECTION 6. INSURANCE. 6.1 General Liability Insurance. City shall, at its own cost and expense maintain liability insurance as protection against claims arising from operations under this Agreement. City is currently self insured under the City of San Bernardino Liability Program with a combined single limit of One Million Dollars ($1,000,000) per occurrence and excess coverage of Twenty-five Million Dollars ($25,000,000). City shall maintain such insurance throughout construction of the Street Improvements and shall provide to the IVDA a certificate of self insurance within ten (10) days of the execution of this agreement. 6.2 Workers' Compensation. The City shall maintain Workers' Compensation Insurance in accordance with Workers' Compensation laws for all workers under its employ. SECTION 7. PREVAILING WAGE. Construction of the Street Improvements constitutes a public works project pursuant to Labor Code Section 1720 and shall be governed by the prevailing wage law set forth in Labor Code Section I 770 ~ ~. SECTION 8. NONDISCRIMINATION. The IVDA and the City agrees that there shall be no discrimination against any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. SECTION 9. NOTICES. All notices under this Agreement shall be in writing. Any notice, demand, request, consent, approval, or communication either party desires or is required to give hereunder may be delivered personally or by certified or registered United States mail, postage prepaid, to the addresses noted below. Notice presented by United States mail shall be deemed effective the second business day after deposit with the United States Postal Service. This Section shall not prevent giving notice by personal service or telephonically verified fax transmission, which shall be deemed effective upon actual receipt of such personal service or telephonic verification. Either party may change its address by notifying the other party in writing. To City: The City of San Bernardino 300 North "D" Street San Bernardino, California 92418 Attention: To IVDA: Inland Valley Development Agency 201 North "E" Street, 2nd Floor San Bernardino, California 92401 Attention: -3- 9'S-I'I/ SECTION 10. SEVERABILITY. If anyone or more of the terms, provisions, promises, covenants or conditions of this Agreement shall be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be effected thereby and shall be valid and enforceable to the fullest extent permitted by law. SECTION 11. ASSIGNMENT. This Agreement shall not be assigned without prior written consent of the IVDA. SECTION 12. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. SECTION 13. ENTIRE AGREEMENT. This Agreement contains the entire understanding and agreement of the parties and cannot be amended without the written consent of both parties hereto. SECTION 14. AMENDMENT. This Agreement may be amended at any time by a written instrument signed by both parties. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement. -4- AGREEMENT: Improvement of San Bernardino Avenue 95-141 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers duly authorized, and their official seals to be affixed thereto, as of the day and year first above written. THE CITY OF SAN BERNARDINO ~~ By: / t9ffL ;; Tdm Minor Mayor ATTEST: By: 1<cu.M_ ~ City Clerk , ~;~=~~ }.f. ty Attorney INLAND V ALLEY DEVELOPMENT AGENCY BY~ WIlham L. Bopf Executive Director SBEO\OOOl\DOC\2046 ct 4\5\95 9:00 -5- 95-141 , " ttft'n... .1 T ,... EXHIBIT "A" SITE MAP v .. o SCALE 1" -1000' ~ c i u ;; . ~I~ V >. <0 f : "1'" - ... > I .....(;J ~ IllI1II VICINITY PROPOSED STREET IMPROVEMENT MAP Exhibit A-l 95-141 EXHIBIT "B" DESCRIPTION OF STREET IMPROVEMENTS The Street Improvements shall consist of widening the street to provide four (4) traffic lanes. Curbs and gutters will be constructed at a separation of 64 feet, and fill-in asphalt concrete pavement constructed. A reinforcing fabric and an asphalt concrete overlay will be installed over the existing pavement to rehabilitate it to a like new condition. Concrete residential driveway approaches will be constructed at each driveway, in order to afford access to the abutting properties and constrain storm waters within the roadway section. Exhibit B- I