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Home My WebLink About1994-034 ~... ~-' 1 RESOLUTION NO. 94-34 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN INDEMNIFICATION 3 AND HOLD HARMLESS AGREEMENT WITH THE ECONOMIC DEVELOPMENT ADMINISTRATION, U. S. DEPARTi'lENT OF COMMERCE, AND INLAND VALLEY 4 DEVELOPMENT AGENCY, RELATING TO A GRANT FOR WATER, SEWER AND ROAD REALIGNMENT IMPROVEMENTS. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCII" OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION ONE: The Mayor of the City of San Bernardino is 8 hereby authorized to execute, in behalf of sRid City, an 9 Indemnification and Hold Harmless Agreement with the Economic 10 Development Administration, U.S. Department of Commerce, Rnd 11 Inland Valley Development Agency, relating to a grant for water, 12 sewer and road realignment improvements for the San Bernardino 13 International Aiport, Project No. 07-49-02680, a copy of which is 14 attached hereto marked Exhibit "A" and incorporated herein by 15 reference as fully as though set forth at length herein. 16 SECTION TWO: The agreement shall not take effect until 17 fully signed and executed by all parties. The City shall not be 18 obligated hereunder unless and until the agreement is fully 19 executed and no oral agreement relating thereto shall be implied 20 or authorized. 21 SECTION THREE: The authorization to execute the above- 22 referenced agreement is rescinded if the parties to the agreement 23 fail to execute it within ninety (90) days of the passage of this 24 resolution. 25 / / / / 26 / / / / 27 / / / / 28 / / / / 1/31/94 " . jO 94 RE,S,O: it l'.UTHORIZING EXECUTION OF INDEMNIFICATION AND I{OLD HARMLESS AGREEMENT RELATING TO A GRANT FOR WATER, SEWER AND ROAD REALIGNMENT IMPROVEMENTS. 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 21stday of February 5 Council Members: 6 NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN 10 DEVLIN 11 POPE-LUDLAM 12 MILLER 13 regular meeting thereof, held on the , 1994, by the following vote, to-wit: AYES x x x x -- x -- x 14 15 16 17 18 19 20 The foregoing resolution February day of , 1994. Approved as to form and legal content: 21 James F. Penman City Attorney 22 23 24 25 26 27 28 ? I v1.."-.r - 2 - NAYS ABSTAIN ABSENT x ){cuJw1 Ut1/LL III r yachel C).,~rk, .CitY~ler "l';,oandw rJ1.2-~~ is hereby approved tIns 22n .-'- )~ .--/. . . / r*m/ I~/}..~ I Tom Minor, Mayor Ci ty of San Bernardino , 91) 34 . . INDEMNIFICATION AND HOLD HARMLESS AGREEMENT THIS INDEMNIFICATION AND HOLD HARMLESS AGREEMENT (" Agreement") is made and entered into on , 199_ between the Economic Development Administration ("EDA"), U.S. Department of Commerce ("Indemnitee"). its successors and assigns, the Inland Valley Development Agency and the City of San Bernardino ("Grantees" or "Indemnitors") (collectively "Parties") at San Bernardino, California. Section 1. In consideration of the award in project number 07-49-02680 made by EDA for $6,825,000.00 or (grant rate) on (date of offer) for the purpose of water, sewer and road realignment construction improvements, to Grantees, Indemnitors, do hereby agree that: during the useful life of the project. which is twenty (20) years from (date of offer), they will indemnify and hold harmless the Indemnitee from any liabilities, losses, damages, suits, judgments, counsel fees, and costs arising out of cleanup activities under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9601-9675 (CERCLA); the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-6991; the Toxic Substances Control Act, (TSCA) 15 U.S.C. 2601-2671, or related hazardous substances laws, including, but not limited to groundwater, surface, soil or other conditions caused directly by Indemnitors or their sublessee on the property described in Attachment "A" hereto ("Property"). -1- . 91) 34 Section 2. Each Party expressly acknowledges that this Agreement shall not apply to any liabilities, losses, damages, suits, judgments, counsel fees, and costs arising out of cleanup activities under CERCLA, RCRA, TSCA or related hazardous substances laws, including but not limited to groundwater, surface, soil or other conditions caused directly or indirectly by the United States Air Force ("Air Force") on the Property, or as a result of the Property having been designated as a National Priorities List Site ("NPL Site"). Section 3. This Agreement shall not waive or otherwise limit the Indemnitors' or any other local public entity's rights against the Air Force arising from or related to the Air Force's hazardous substance cleanup activities on the Property, or as a result of the Property having been designated as an NPL Site. Section 4. The EDA and the Indemnitee hereby acknowledge that the Air Force and/or the United States Department of Defense is responsible for the hazardous -2- 911 34 substance cleanup of the Property, except for the hazardous substance conditions caused directly by Indemnitors or their sublessee on the Property. INDEMNITEE: ECONOMIC DEVELOPMENT ADMINISTRATION; U.S. DEPARTMENT OF COMMERCE By: Title: Date INDEMNITOR: INLAND VALLEY DEVELOPMENT AGENCY By: Jerry Eaves; Co-Chairman Date By: Elmer Digneo; Co-Chairman Date APPROVED AS TO FORM AND LEGAL CONTENT: By: Date Timothy J. Sabo; Agency Counsel ,f".ll ,_/~"j ATTEST: '1 f:,?-t./;~j/ (~zlt City. Clerk . - ~ .xYtV}{lZ.L 1}1/dfii1l'-;! .0;piiq U INDEMNITOR: CITY OF SAN BERNARDINO ~ )et \ By: ----./ 5-"::n'L'-l/J--.-C (Tom Minor; Mayor Date: February 22, 1994 J APPROVED AS TO FORM AND LEGAL CONTENT: By: i(:-'""'v,-"-,,, . ames F. Penman; City Attorney U CSBO/O006/00C/209 1/3119410:00 -3- 9,' ';l ,1 OJ 'I.' ATTACHMENT "A" Location of the two grant subjects is the City af San Bernardino, California. These projects will be desaibed UDder the separate h~a"ing." ofProjcct . A. aDd Project OS". Please refer to Exhibit I for a location reference applicable to these two projects. . PROJECI' "A": PROPOSED TIPPECANOEA~ELROSAAVENUE CONNECI'OR Project. A., Exhibits 1 and 2, involves the construction of 11,900 feet of roadway improvements desaibed as CoRows: Introdactioa The arll1""_'ot selectioa process c:oncictM af analyzing five alternative' aligJIm'=llts. The a'iaJ'moelUl were evaluated based on the foUowiDs criteria: · laterim Use Venus Future Use - Allow for mmmllm reuse af existing oabase facilities and be capable to readily accommodate future development plans. . Master PIau Compatibility - Fit within the overalI intent of the master pian being generated. The key elements of compatibility with the master plan include: parcelization and land use; internal coonectivity and circulation, and traffic volumes. . Aviatioa Facilities - Manm;7.. accessibility to future aviation facilities without aeating a banier to planned expansion and/or uses. . Proposed Defeuse F"mance aad Accounting Service (DFAS) Facilities - Capability to fUnction etfectively regardless of the final outcome ofDF AS proposal. . OfIbase Transportation Needs - Flexibility to accommodate the master plan projected vehicular volume needs both onbase and oflbase. This includes the existing regional transportation network and future ~ncions and additions. Proposed AligDment (Selected) Exhibit 3 shows the proposed a1i8"m~t c:onci~"8 of 1. Improvement and widening of existing Tippcc:anoc Avenue through the base from Mill Street north to Third Street. 2. Improvement and widening of the existing oabase Sixth Street (Del Rosa Avenue extension into the base) bctwccn Third Street and .e. Street. -2- 9 ~1 .? 11 3. Improvement and widening of the existing onbase .C' Street between Tippecanoe Avenue and Sixth Street. ; The Sdected Project To Be CODltnlcted . Construct six lanes of road along the exictiTIg Tippecanoe Avenue A1igT'ml'!ftt from Mill Street nonh to intersection with the camng onbase 'C' Street. · Construct four lanes of a Nturc six-lane road along the existing nppecanoe Avenue alignment between exicnl1g onbase .C" Street north to Third Street. . · Construct six lanes 1I0ag the emting onbase Sixth Street alignment (extension of Del Rosa Avem1e) from Third Street south to the onbase .C' Street. · Construct a four-lane road Ilona existing nn"'~ .C" Street alignment COII~g nppecanoe Avenue to the extension of Del Rosa Avenue. . The City of San Bernardino will upgrade backbone water and sewer utilities as required. · The electric, gas, telephone and cable backbone services will be instaDed during construction. Total Project Cost and Grant Request . The ",,","..red construction cost including right-of-way acquisition is 57,000,000. . Grant r~est from Economic Devdopment Administration is $3,500,000. -3- 9 ' . . ~. " ,j ~ '- 'J i - g~" !i7~ 81" \ .......... ,:.. l:;~ au :4 6~ C/J e- Z w ~ w :> o e::: c... ::; %IlHiA Y - o w :z z -< ...J tl. 3IllGAY Ii I = 3/l1UAY i i! 52 = 31nll3AY ~lU.S Ii I Jl . . ; . ~ . .. ":. " 5 ., .. .. " ~ EXHIBIT 1 .. ~~I iii Jm'd ~ UOll.l.S , .. :> c z 0: W " :: S1~-1 g :l ~ j -4_ , \, !!t:I .... aID ;~ if E I E ;ig .. CIYIH .OllllY / w w ~ :> z w ~ ~ c . Ot-lIS . .~ z 0 .. 5 t_ :~ ~ .!. \ -Se IDe , U2lUS ... . .. .. e . ... 9 . I r: .~ ''i InO:1\Y o .. is ~ , a \ ei .. . a \ .... ---" ~ ..~ ~ 00: f ;SJiI 5 ., , L.J ~ . o .&. \\ '. .. .!. .. . . . ~: f! YllIOJ.:lIA . . t ! ~.. e I .. t E .. i E .. . iIlIaAY YSOll'l3Q ;,; . t .. (3 '" '" ! ~ c , ; ! ~. -1 i s " .. :r. IS III :r. ~ ...z _ YJlYBYlY Ylt.:1I0JmJ \ &31.\ A'lYJ.t.:.'OIl 30~'\'JJddU HYllllUYa 9i? ? .1 .' y EXHIBIT 2 d .5 ,~. .: II . C .. () c: j I , < ii I ~Zf I ~ fJ ,. - ! .. ] 0 t , J . . --- I : . . f I. H J "ft. --- --- ~ .-- , ..-- r~ Ie. eH ~ . I -- == -~ -5- 9/ 24 FIClIAE , NOArOll CO-ECTOfO A&eOMMEHOED Al.ICIlMtllT EXHIBIT 3 u: 'j ~ i iq IJ '- -:'J !'n" _. i- I;l (\\f~~1 ~l:: t;f lU~ ')\ ,:; !' Il~ , , .\\ I~: rl! II" I !::!~:~r....-- JI 1~) , ' In i 1,1 , I' I [] I -I LEGEND (Z.tJJ w=-c... ~ NN" ftU 0'... ....r:' ...- ......e ! URS -- .----.J#' " . o~ ;.. ~" ~ -- " qt' ');1 PROJECT "B": EXTENSION OF ORANGE SHOW ROAD Orange Show Road bas been included on the City of San Bernardino's General Plan for many years. This street is planning to function as a major east-west arterial, between Norton Air Force Base and Interstate 215 and State Route 330. Project Description The proposed project (see Exhibit 1) will complete this route by collStJUction of normal street improvements between Arrowhead Avenue and Tippecanoe Avenue, . distance of about 1.7 miles. The geometric section with be 72 feet between curbs, with a 14-foot curbed median. This section will allow for two through laDes in each direction and 4-foot shoulders to allow for future bike ways. The curbed Il'_an will provide an area for landscaping and Icft-tum lanes. Two major bridges will be constructed by the proposed project. The bridge over the Santa Ana River will be about 600 feel in length. and the one over East Twin Creek Channel will be approximately 300 feet in length. These bridges will be c:onstrw;ted with a roadway of 64 feet between curbs. Sidewalks will be provided only on the nonb side oftbesc 5tn1ctUres. The project concept included i'lcfall.tjoo of traffic signals at Arrowhead Avenue and Waterman Avenue, and modification of the existing traffic signals at Tippecanoe Avenue. due to the additioo of the fourth roadway approach. Traflic lignals will also be ins1aI1ed at Wuhi"8'on Street, as a mitigation measure identified in the environmenul review. A new grade crossing will be c:onstructed over the railway line. west ofWatennan Avenue. This line bas recently been pun:hased by the Southern California Regional Rail Authority. The Santa Fe Railway, however, contim.es to c:xercise mAintenance and operational control over this line. There is an existing grade crossing that will be closed in return for the oew grade crossing 00 Orange Show Road. Automatic gates and fl.d1ing lights will be installed at the new crossing. Utilities are being encouraged to ins1aI1 their main feeder facilities in this section of Orange Show Road, in coqjunction with constnJction of the street improvements. There are several utility poles a100g scct.iOIlS of the a1imun-t of Orange Show Road. An underground Utility District is being formed. Formation of an underground district will allow the differential in cost (of relocatina these poles and under]p'owldiog the utility lines) to be financed with funds set aside by the utility companies, pursuant to lWle 20-A of the California PubUc Utilities CommiocioD. Storm drains will be installed as required to keep the through lanes passable cIuriog the design rain storm. The alignment for the extension of Orange Show Road, between Waterman Avenue and the Santa Ana River, coincides with existing Pioneer Street. The only improvement that has been installed on Pioneer Street is asphalt concrete pavement, approximately 26 feet in width. This pavement wiIlll""""'$sarily be removed to allow the new pavement to be installed at the design grade. -7- (L' ') .~ .~. 4,~ A map showing the alignment oflbis ~on of Orange Show Road is attached for reference. Tot3I Project Cost and Grant Requests . Total project cost. incllldil1g acquisition of right-of-way, is $12,000,000. . Grant requested from the Economic Development Administration is $3,500,000. -8- .9 ~1. ~ ' vI.! . I I I I I I I I I I I I I I I 4. I I I I I I I I I l_ --- &.An.LJj,L'J' 4 ---I ;i j: I i-I '" .. ~ ~::: ",- I w..w.t ca~ o~ Zll :l:~ <C~ V'la: I "'i ~~ !!I, ~:i )-K a: I S C I -I~ I ~I'; . I, . ill I i · / flL. I I I ./ I I / I I I I I / I 1 I I --- --- - - I' 1 of 2 I f lIIn 'i I - , .. , , '" j , ~ II ::: , II: <:>1 .. I r= I - JIlNJ/l r:- ~Y. "--"-----.. ----.r"..- - I ! :4. '0.. j;- , V~; i !~ I w '- 1/.' . :-- .. ~ - :- f :'" .. , ~ ',...... ~~~ ; , I - . -~ - . , D jaAY.__IT '~~ i - , l.... -'='=:;:~ ; . - - . . , ! Sl~ :.1.; i~ ,- I -' = , I n ;'- ~; II11 :== ! 1. - - - ; . - -, 'NIl IlIl 11Il.. :r-- '1-1 , ; I -~ -- _ _ _ _ ~o:~ :0 ~ .J ", .. 'S -----..----- ~ ".A1 Ii Ln1 -- - -- ~ I II I = J '" , , , , i "!' - - - ---- DlJ/lY "JIiIlCllIlIO I . , ! ~ ~ , Z .. j ! , I . I . I dG. F ; is l i iq . ilJ !~.h !l i !i!HJ! ~ I , , .- ----- - - -~ -- ---------- L3ilUS .1. -9- r I I I I I 0' I . I 1 ...........--...--. -.---.--- ........ ~ ---:'.-t...::::...-.-..w; =y: --- I I I "\ ' . . ','-) l., I I L - ~ I " \, . ~~ \\ "A"-'-~\!-"",-",- ---, . \\"\\.,. \~ .' \\ "...~\ z \. "' I \'\"'" · '\ \,i \ ~"' t,... \ \,' ::>, , \. ~ i '~'o~'<\\, ' """,\. \ S' \. ~'. '.of , ...~.~ ,,-.--.,-.--.. , '\. "- (' "'-;:' " .~. '. '\ :-... A IS i ~ '\. .' 'fA . 51 ' . , . , " II 1 i~ffl : ~ ~!E!. I ff/ ~I I o ') ,~ .j (" EXHIBIT 4 '" ul .rd~t:: ~ :. -. na .l:aot'G ..., ~. i I 0: I ~ , ! I 3ONY:liMU --~- " ~ . 1:'- . I . I ~ !i -J .<, ~i 1 ! o :z -. 0 $1 ~_ t %w "'I . "'-i · ~ ... I..J 0 c:a: ~ m :r:::z: ... %.lI!IU1 IX .; I ~!. wl=! ~ ..., -' . ... :z < . Ct "'lI' c: ~ '" - ,.... 0 ~ .. - - . u ~ ~ . ~ ~ d l ~ i q 11- ur. . . i . , I J TOTAL P.1S