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HomeMy WebLinkAbout1986-330 1 2 3 4 5 6 7 8 9 I I 10 II 11 II 12 q II 13 II 14 I , 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 86-330 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A REIMBURSEMENT AGREEMENT WITH THE HILL WILLIAMS DEVELOPMENT CORPORATION RELATING TO THE EXTENSION OF PIEDMONT DRIVE ADJACENT TO TENTATIVE TRACT NO. 13329. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a Reimbursement A9reement with the Hill Williams Development Corporation relatin9 to the extension of Piedmont Drive adjacent to Tentative Tract No. 13329, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length, but such award will be effective only upon the contract being fully signed. SECTION 2. Execution and Amendments. This agreement and any amendments or modifications thereto shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated hereunder until the time of such full 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. I HEREBY CERTIFY that the foregoing resolution was duly adopted I by the Mayor and Common Council of the City of San Bernardino at a il I' I I I I I I reqular meetin- thereof, held on the 1 Rt-h day of August , 1986, by the following vote, to-wit: AYES: Council ~"ernbers Estrana Rp.i 11 Y. HprnrinrJ<>7. Marks. Ouiel FrR~ipr ~trirklAr NAYS: ABSEiH: None Non" ,/~?t'tJ'~?4b / lty erk 1 2 3 4 5 6 7 8 9 10 11 I I 12 II I 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The foregoing resolution is hereby approved this ,;:fla day of , 1986. Al1gnst rdino j ,-./ Approved as to form: /--7 . /'?f) /~ //~uP-Cc--' City At orney - 2 - REIMBlJRSEJ4ENI' JlGIlE:EMENr - TRAcr 13329 As consideration for work performed by the City of San Bernardino, or hlS contractor, on the extention of Piedmont Drive, adjacent to Tentative Tract No. 13329, prior to the development of the tract, The Hill WIlliams Development Corporation hereby agrees, (subject to the following conditions) to reimburse the city for costs normally incurred if the street construc- tion was to occur concurrently with our development. This agreement shall become valid upon approval of final plans and recordation of the final tract map. axIDITIOOS 1. SU>PE OF mRK A) Paving reimbursement quantities shall be to centerline of street. B) Grading for Piedmont Drive would normally be done at the same time as the tract grading. The grading of Piedmont Drive pr ior to the interior lot grading may require additional work on-site. Any additional grading costs for lots 11, 12, 13, 30, 31, 46, 47 and 48 caused by "out of sequence" grading operations will be subtracted from said reimbursement amount paid by the developer to the city. C) Storm Drain - Required storm drain extensions within Piedmont Drive for Tract 13329 will be reimbursable. However, if the extention is not required for Tract 13329, reimbursement will not be a part of this agreement. D) Curb and gutter, sidewalk, street light work, trenching for street light conduit, if lnstalled, will be considered a reim- bursable item. Cost for asphalt saw cutting and removal, trench compaction and testing and re-paving of a utility trench, (or street crossing) that would normally be avoided due to installatlon of all utility crossings prior to pavi ng shall be deducted fro'~l said reimbursement amount paid by the developer to the city. (The city may opt to leave the final lift of AC paving approx- imately n inches low so that if this situation occurs, the final course of AC pavement could be placed by the developer in one continuous operation. The sawcut, removal and patch would still be non-reimbursable.) 2. DETERMINATION OF UNIT PRICES FOR PAY QUANI'ITIES. Due to the tendancy of contractor's bid price for public works const- ruction to be higher than that of bid prices for construction work done in the private sector, the unit prices for pay quantities will be determined as follows: A) Pay quanti ties will be determined from plans on file with the city engineer. EXHIBIT "A" I) '-' ~ c Q .. a 0- a () '" J. &) '" , m ""- ~ ~ '" " ii () d f z t: . ~ m Iii prices paid by the developer to the city will be based the following: The developer will submit approved plans to his contractor for a formal bid. 2. The contractor will also furnish other previous bids given to the same developer on similar type work, ie: if pavement section is 4" A.C. over 6" B.M. on Piedmont Drive, the con- tractor will submit a previous bid (different project) on the same item and scope or work (4" A.C. over 6" B.M.). The substantiating bid will be dated no more than 18 months prior to start of city construction. 3. With the developer' s contractor I s project bid, contractor I s substantiating previous bids for similar work, and the actual contract between Hill Williams Development Corporation and the contractor an equitable unit price that the developer normally pays for the work will be determined. 4. This unit price times the quantities built (less additional charges mentioned above) will be the basis for payment of reimbursement paid by developer to the city. In no case shall the amount reimbursed by the developer exceed the amount the city actually paid for the item of work. B) Unit upon 1. 3) TIMI~ OF PAYMENI' OF REIMBURSEMENI' BY DEVEWPER'ill CITY: A) Payment of reimbursement by developer shall be prior to final approval and acceptance of public street improvements and bond release by the City of San Bernardino. B) There will be no payment of interest by the developer to the city on any portion of the reimbursement. RE.9JLVED AND AGREED UR)N 'nlIS I z -If) DAY HILL WILLIAMS DEVEWPMEm' CORroRATIONfi) ~~~:~~~ALlF~n1PG cc:-~Jss On this the~ ____ day oLb_6uJ-I..- 19./r;_ before me, the undersigned, a Nh~ :~~c ~n. and for said c.ounty .and State, personally appeared . - I _ II. (L'~L .L.1Jh'Ll__~ "-------- ______.__________, personally known to me or proved to me on the basis of satisfactory evidence to be the_ _ __ President, and ~_"LD ._LtL -,/,-ciJA!'1(JIL - .-------- ----__ ,personally known to me or proved to me on the basis of satisfactory evidence to be Secretary of the corporation that executed the within instrument on behalf of the corporation therein named, and acknow- ledged to me that suc~ration executed the within instrument pursuant to its b~~r a resolution at its ~ of directors. Signature~fR d:.k:2!r '--~ OF 4tt(jiltf , 1986 BY THE , /1. ~ / J-d' (] STEWART TITLE COMPANY OF SOUTHERN CALIFORNIA FOR NOTARY SEAL OR STAMP . OFFlCIALSEAL VICTOR A GENGLER . NOTARY PU8UC-CAlIFORNIA ORANGE COUNTY MY COHM. EXP. JAN. 23,1990 I . RESOLVED AND AGREED UPON nus c:(/ ~ DAY OF r THE MAYOR AND CITY <DUNCIL OF THE CITY OF SAN B~I . yor PR.o 1:"'-f()lI.~ , 1986 BY NaIIE : Title: