HomeMy WebLinkAbout1993-379
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RESOLUTION NO. 93-379
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF A FIRST AMENDMENT TO AGREEMENT WITH DAVID EVANS AND ASSOCIATES (DEA)
PERTAINING TO A MODIFICATION OF TASK 7 OF EXHIBIT "1" (ENVIRONMENTAL SITE
ASSESSMENT) FOR THE EXTENSION OF ORANGE SHOW ROAD FROM ARROWHEAD AVENUE TO
TIPPECANOE AVENUE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECT ION
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The Mayor of the City of San Bernardino ]s
8 hereby authorized and directed to execute on behalf of said City, a First
9 Amendment to Agreement with David Evans and Associates (DEA) pertaining to
10 the modification of Task 7 of Exhibit" 1" (Environmental Site Assessment) lIt
11 the Agreement between the City and DEA for acquisition of right-of-way for
12 the extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Ave-
13 nue, a copy of which is attached hereto, marked Exhibit "A" and incorporated
14 herein by reference as fully as though set forth at length.
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The authorization to execute the above-referenced
SECTION
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16 First Amendment to Agreement is rescinded if the par.ties to the Amendment to
17 Agreement fail to execute it within sixty (60) days of the passage of this
18 resolution.
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09/13/93 1
93-379
09/13/93
RESOJXTIC\, AL'T)-HlRIZJ\;., EXECI:nO\, OF FIRST A 'fF:\TI""ST ] r; N'PFP''O\T:
EXTF'lSIO\ OF m:k\(m :,HOW J!'JAD H'G" ARIi(,~HK\[. :,'.Hf'E T'.'TlPPl"::\\OE AVENUE
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I HEREBY CEPTT}'Y that the fon.goir.;g rhcdutioll WdS dilly adopt.ed by
2 the MdYOf' and Common Council of the tit:-,. uf Sail Rerndrdi.nu at d
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_~e.9-UJ.a.L,__ meeting thereof hel d on tlw
.4th day of _ October ..
4 1993, by the following vote, to-wit:
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COUNCIL MEMBERS: AYES NAYS
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NEGRETE X
CURLIN .-.X.
HERNANDEZ _-.X
OBERHELMAN X
DEVLIN ---X.,
POPE-LUDLAM X
MILLER ---X.
ABSTAIN
ABSENT
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foregoing resolution is hereby approved this J,Q}1L.-
day
The
October
, 1993.
of
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. /...t-____!..!~J !f1/;L'-....:._
fZ;;;" Minor J t1ayor
City of San Bernardino
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and legal content:
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James F. Penman,
City Attorney
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, 93-379
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09/13/9:,
Res 93-379
FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this
'd,~~I:l day of ~_"~.';;_(' '5::S:~'UI;c~\Lu______' 1993, by and belwRRn thR CITY OF
SAN BERNARDINO, a municipal corporation, hereinafter- r-der-r-ed to as "CITY".
and DAVID EVANS AND ASSOCIATES. hereinafter- refRrred to as "DEA"_
WIT N E SSE T H
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WHEREAS, thR parties her-eta executed an Agr-eement dated April 8.
1993, for the acquisition of right-of-way for- the extension of Orange Show
Road from Arrowhead Avenue to Tippecanoe Avenue; and
WHEREAS, to protect against the risk that any parcels being ac-
quired by the CITY may be contaminated by hazardous suhstances and to
satisfy the requirements for the "innocent 1 and owner- defense" as pr'ovided HI
CERCLA 42 V.S.C. 9601(35) and 9607(b)(3) on the pad of the CITY, the Inland
Valley Development Agency and the Economic Development Agency by providing
an assessment of this risk; and
WHEREAS. fJEA is properly credentialed to complete the Environmen-
tal Site Assessment (ESA) in accordance with state of California regulillions
and the above CERCLA r-equirements; and
WHEREAS, the parties hereto desir-e to amend said Agreement.
NOW, THEREFORE, it is mutually agreed bp.tween the parties to amend
Task 7 of Exhibit "1" of said Agreement to reild ilS follows:
1 . r::,x_HJN'L"1_''-'-Jash_7 .L.cEN~JR()"-,MJ::liTl~L~11l:~i\SSESS~fENT2:
DEA will furnish an Environmental Site Assessment (ESA) to satisfy the
requirements for the lIinnocent landowner defense II as provided In the above
CERCLA sections, tor- potential dsk tr-om hazardous milterlal s for all sit es
being acquired by the CITY for the extension of Orange Show Road from ArTOW-
head Avenue to Tippecanoe Avenue. The ESA shall be r-eferenced in tbe itp-
prili sa 1 of all porce 1 s suspected of being con1aud nat-pel with hazdrdolls
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. 93-379 -
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09/13/93
FIRST '\'IE\'j)'JEn TO AGREFVE\~:
E\TF\'SIO\ UP ORA\'GE SHOll- RO,\D PReM f\RR()\\HE!,J)
AVENI.F Tl) THT'Ei .ViOf: .\VF\t:E. M1E"IJ~JE~T liF
E\HIBlT "1". TASl\ '7. ES.,
mater-itl1 .
The ESA sha 11 indicdte whi eh, j f ,HiY, () E t.he. pi1['CP 1 S lIIn) he
coni ami twted and slldll recommend the appropriate I eve J of further study alld
remedidtion for any parcels suspectedof contamination. The Scope of SRrvlc-
es for the hereinabove described Environmental site Assessment (ESA) is
attached us Exhibit "A",
2, Compensat.ion for the Environment.ul Site Assessment shall be
paid on a lime and materials basis and t.he t.ot.id cost of lhe ESA shull nol
exceed t.hirt.een thousand five hundred eight.y-eight dollars ($13.588),
3. All other t.erms. condit.ions and covenants of said Agreement
shall remain the same and be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed t.his First
Amendment. t.o Agreement. on the date first hereinabove written.
CITY OF SAN BERNARDINO
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By: __/..f2"'L~L _(,.L(j,.,,-,,<:,_~~______
Tom Minor. Mayor Nav 2 2 1993
ATTEST:
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DAVID EVANS AND ASSOCIATES
By: ___________ ..__ _ __________ _______._____
George W. Holroyd. P.E. Project Manager
~- -A'J .
By: :<;!:;~
Robe t-E. D~vis~ RIght-of-way-M~;;ager--
Approved as t.o form
and legal cont.ent
President
James F. Penman
Cit.y Attorney
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93-379
SCOPE OF SERVICES
David Evans and Associates, Inc. (DEA) will conduct a Preliminacy Enviconmental
Site Assessment for the parcels involved in the extension of Orange Show Road from
Arrowhead Avenue to Tippecanoe Avenue lU San Bernardino, Calitoruia.
elements will include the following:
Project
1. Examination and review of local, state and federal environmental re-
cords, maps, aerial photos, title reports, and any other documentation related to
the subject properties.
2. A site visit to the subject properties to make observations of the
condi tion ot the proper.ties and surrounding properties, record site and vicinity
charactecistics, and observe current use(s) of subject properties.
3. Interview knowledgeable persons with regard to current and past uses
of the subject properties.
4. Prepare a repoct including Summary of Findings based on the above
activities which will describe any adverse conditions associated wi th Lhe subject
properties. The Conclusion section of the report will identify which parcels, if
any, will warrant additional environmental investigation.
The Preliminary Envi conmental Site Assessment wi 11 be conducted and the report
prepared Lo the guidelines found in the ASTN document "Environmental Site Assess-
ments for Commercial Real Estate (E 1527-93)".
EXHIBIT "A"