HomeMy WebLinkAbout15- Public Works CITY OF SAN BERN. RDINO - REQUEST F R COUNCIL ACTION
File No. 1. 291
Authorization to Execute Indem-
From: ROGER G. HARDGRAVE Subject: nification & Hold Harmless
Agreement with EDA -- Grant for
Dept. Public Works Street Improvements for San
Date: 1-31-94 Bernardino International Airport
Synopsis of Previous Council action:
06-01--92 -- Authorization granted by CDC to execute a Loan Guaran-
tee Agreement with IVDA for loan of $800, 000 from
SANBAG.
07-06-92 -- Authorization granted for Cite to assume responsibility
of a Consulting Engineer and execution of an Agreement
for provision of these services.
12-07-92 -- Resolution No. 92-453 adopted authorizing execution of
an Agreement with URS Consultants, Inc. for Phase I of
services .
04-19-93 -- Continued to 5-10-93 and Director of Public Works/City
Engineer directed to invite other firms to submit new
bids on adopted street alignment.
(Continued on second page)
Recommended motion:
Adopt resolution.
cc: Bill Bopf, IVDA
Shauna Clark
Jim Penman
na ure
Contact person: Roger G. Hardgrave Phone: 5025
Staff Report,
Supporting data attached: Agreement & Resolution Ward: 1
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.) 242-362-57291
(Acct. Description) Street Improvements - Tippecanoe
Avenue, "C" St. & Del Rosa Avenue Finance:
'.ouncil Notes:
75-0262 Agenda Item No. 5
PUBLIC WORKS DEPARTMENT
File No. 1 . 291
SYNOPSIS OF PREVIOUS COUNCIL ACTION (Continued)
05-10-93 -- Resolution No. 93-130 adopted authorizing execution of
Amendment to Agreement with URS Consultants , Inc. for
Phase II of design services.
10-04-93 -- Resolution No. 93-382 adopted authorizing the Mayor to
execute application to the Economic Development Agency
for a grant.
01-24-94 -- Plans approved and authorization granted to advertise
for bids.
1-31-94
CITY OF SAN BERN! ZDINO - REQUEST F( I COUNCIL ACTION
STAFF REPORT
Resolution No. 93-382 was adopted at the Council meeting
of 10-4-93 to authorize the Mavor to execute an application to
the Economic Development Administration (EDA) for a grant in the
amount of $6 , 825 , 000 . These funds are to be used to finance 75%
of the cost for constructing street and water system improve-
ments. The 25% local matching requirement is to be financed by
IVDA.
Before final approval of the grant can be given, both
IVDA and the City of San Bernardino will be required to execute
an Idemnification and Hold Harmless Agreement.
The proposed Agreement provides, in general, that IVDA
and the City will hold EDA harmless for a period of 20 years for
any costs incurred for cleanup activities, except for any work
necessitated by activities of the United States Air Force, or as
a result of the property having been designated as a National
Priorities List Site.
This Agreement is scheduled to be considered by the IVDA
Board at its meeting of 2-12-94 .
Since execution of this Agreement is a requirement for
approval of the grant, we recommend that it be approved.
1-31-94
-0264
• I RESOLUTION NO.
" 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. DEPARTMENT 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 COUNCIL 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 said City, an
9 Indemnification and Hold Harmless Agreement with the Economic
10 Development Administration, U.S. Department of Commerce, and
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 Cite 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
RESO: AUTHORIZING EXECUTION OF INDEMNIFICATION AND HOLD HARMLESS
AGREEM.T ^. RELATING TO A GRANT FO.' WATER, SEWER AND ROAD
REALIGhi-,ENT 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 meeting thereof, held on the
4 day of 1994 , by the following vote, to-wit:
5 Council Members: AYES NAYS ABSTAIN ABSENT
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 DEVLIN
11 POPE-LUDLAM
12 MILLER
13
14
15 Rachel Clark, City Clerk
16 The foregoing resolution is hereby approved this
day of 1994.
17
18
Tom Minor, Mayor
19 City of San Bernardino
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
22
23 By
24
25
26
27
28
- 2 -
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-
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-
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:
Date Jerry Eaves; Co-Chairman
By:
Date Elmer Digneo; Co-Chairman
APPROVED AS TO FORM AND LEGAL CONTENT:
By:
Date Timothy J. Sabo; Agency Counsel
ATTEST: INDEMNITOR: CITY OF SAN BERNARDINO
By:
City Clerk Tom Minor; Mayor
Date:
APPROVED AS TO FORM AND LEGAL CONTENT:
ames F. Penman; City Attorney
cseo/00061DOC/209
1/31/94 10:00
-3-
ATTACHMENT "A"
Y Location of the two grant subjects is the City of San Bernardino, California. These projects will
be described under the separate headings of project-A-and Project B". Please refer to Exhibit I
for a location reference applicable to these two projects.
PROJECT"A": PROPOSED T'I PPECANOE AVENUE/DEL ROSA AVENGE
CONNECTOR
Project"A",Exhibits 1 and 2,involves the construction of 11,900 feet of roadway improvements
described as follows:
Introduction
The art selection process consisted of analyzing five alternative slits. The
alignments were evaluated based on the following criteria:
• Interim Use Versys Future Use—Allow for maximum reuse of existing onbase facilities and
be capable to readily accommodate f mme development plans.
Master Ptah Compatibility — Fit within the overall intent of the master plan being
generated. The key elements of compatibility with the master plan include: parcelintion and
land use;internal connectivity and circulation,and traffic volumes.
Aviation Facilities — Maximize accessibility to future aviation facilities without creating a
barrier to planned expansion and/or uses.
• Proposed Defense Finance and Accounting Service (DFAS) Facilities — Capability to
function effectively regardless of the final outcome ofDFAS proposal.
Oflbase Transportation Needs — Flexibility to accommodate the master plan projected
vehicular volume needs both oubase and ofbase. This includes the existing regional
transportation network and future expansions and additions.
Proposed Alignment(Selected)
Exhibit 3 shows the proposed alignment consisting o£
1. Improvement and widening of existing Tippecanoe Avenue through the base from
Mill Street north to Third Street.
2. Improvement and widening of the existing onbase Sixth Street (Del Rosa Avenue
extension into the base)between Third Street and "C" Street.
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' 3. Improvement and widening of the existing onbase "C" Street between Tippecanoe
Avenue and Sixth Street.
The Selected Project To Be Constructed
• Construct six lanes of road along the cdsting Tippecanoe Avenue alignment from Mill Street
north to intersection With the existing onbase"C" Street.
• Construct four lanes of a future six4ane road along the exdsting Tippecanoe Avenue alignment
between existing onbase"C"Street north to Third Street.
Construct six lanes along the existing onbase Sixth Street alignment (extension of Del Rosa
Avenue)from Third Street south to the onbase"C" Street,
_ • Construct a four-lane road along existing onbase"C" Street alignment connectingPPa
Avenue to the extension ofDel 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 installed during construction.
Total Project Cost and Grant Request
The estimated construction cost including sight-of-way acquisition is 57,000,000.
• Grant request f'om Economic Development Administration is 53,500,000.
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EXHIBIT 1
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} PROJECT"B": E:KTENSION OF ORANGE SHOW ROAD
Orange Show Road has 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 construction of normal street
improvem mts between Arrowhead Avenue and Tippecanoe Avenue, a 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 lanes in each direction and 4-foot shoulders to allow for future
bilce ways. The curbed median will provide an arcs for landscaping and left-turn,lanes.
Two major bridges will be constructed by the proposed project. The bridge over the Santa Ana
River will be about 600 feet in length and the one over East Twin Qa* Channel will be
approximately 300 feet in length. These bridges will be conshucted with a roadway of 64 feet
between dubs. Sidewalks will be provided only on the north side of these structures.
The project concept included installation of traffic signals at Arrowhead Avenue and Waterman
Avenue,and modification of the e;dsting traffic signals at Tippecanoe Avenue,due to the addition
of the fourth roadway approach. Traffic signals will also be installed at Washington Street, as a
mitigation measure identified in the environmental review.
A new grade crossing will be constructed over the railway 1me, west of Waterman Avenue. This
line has raxrrtly ben purchased by the Southern California Regional Rail Authority. The Santa
Fe Railway, however, continues to a masse maintenance and operational control over this line.
There is an existing grade crossing that will be closed in return for the new grade dossing on
Orange Show Road. Automatic gates and flashing lights will be installed at the new cro ssing
Utilities are bang encouraged to install their main feeder facilities in this section of orange Show
Road,in conjunction with construction of the street improvements. There are several utility poles
along sections of the alignment of Orange Show Road An underground Utility District is being
formed Formation of an underground district will allow the differential in cost (of relocating
these poles and undergroundiag the unlit'y lines)to be financed with funds set aside by the utility
companies,pursuant to Rule 20-A ofthe California Public Utilities Commission.
Storm drains will be installed as required to keep the through lanes passable during the design rain
storm.
The alignment for the extension of Orange Show Road, between Waterman Avenue and the Santa
Ana River, coincides with pasting Pioneer Street. The only improvement that has been installed
on Pioneer Street is asphalt concrete pavement, approximately 26 feet in width. This pavement
will necessarily be removed to allow the new pavement to be installed at the design grade.
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A map showing the alignment of this section of Orange Show Road is attached for reference.
Total Project Cost and Grant Requests
• Total project cost,including acquisition of:ight-of-way, is$12,000,000.
Grant requested from the Economic Development Administration is S3,500,000.
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