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Home My WebLink AboutS01-Public Works -'cev OF SAN BERNAR"O~EQU.;'NFO~'~~UNCIL A~ON From: ROGER G. HARDGRAVE Subject: Authorization to Execute Agree- ment with San Bernardino City Unified School District -- Installation of Storm Drain for NORTH VERDEMONT ELEMENTARY SCHOOL . Dept: Public Works/Engineering Date: 12-11-89 Synopsis of Previous Council action: Legislative Review Committee reviewed unfunded items with representatives from the School District and State. Legislative Review Committee reviewed proposed financial arrangements. Proposal from Monnig Development Company to upfront funds for storm drain accepted by Legislative Review Committee. Resolution No. 89-438 adopted authorizing p.xecution of an Agreement with Monnig Development Company and transfer of $25,000 approved. 07-20-89 - 08-24-89 10-19-89 11-06-89 - Recommended motion: Adopt resolution. cc: Marshall Julian Jim Richardson Jim Penman Andy Green Signature Contact person: Roqer G. Hardqrave Staff Report, Letter, Aqreement & Resolution Phone: 5025 Supporting data attached: Ward: 5 FUNDING REQUIREMENTS: Amount: $245,900 (90-91 to 94-95 Fiscal Years) Source: (Acct. No.! 248-368-57874 (Acct. Description) Install Storm DRain - North .! '; ~ Verdemont Elementarv School Finance: i, . ~/ U \1 / \ \ ) ) Council Notes: 'C t t. I , t .' i , " . ~ '1"', I'> ~I J. , v I I :- ;,'" A ^! '; \ , I ,'f). 'I t-Y i" ~II 75.0262 Agenda Item No. 5) -( I . C..V OF SAN BERNARIWO - REQU.T FOR COUNCIL AteON STAFF REPORT The Legislative Review Committee has conducted several sessions over the past several months with representatives of the School District and State Allocation Board. The purpose of these sessions was to negotiate a method of payment for the various public works improvements needed for the school facility. All items were satisfactorily resolved, except for the construction of the Master Plan Storm Drain, from the intersection of Little League Drive and Meyers Road to Meyers Creek Channel. An arrangement was worked out for the School District to upfront the necessary funds, and the City to reim- burse the District in five equal annual payments. This arrangement was presented to the Legislative Review Committee at their meeting of 10-19-89 for confirmation. However, at this meeting, Mr. David Mlynarski of Monnig Development offered to up front the funds instead of the School District. This proposal was accepted. An Agreement was negotiated with Monnig Development and approved at the Council meeting of 11-6-89. The original of this Agreement was transmitted to Monnig for signature, but has not been returned. Mr. Scott Shira, Facilities Planning and Development Director, has requested by letter dated 12-5-89 that the original Agreement with the School District be approved. This request is based upon the urgency to secure release of funds from the State and avoid the possibility of losing the allocated State funds. A copy of this letter is attached for reference. The Agreement is the same as the one that was approved, except that the School District will upfront the funds and be reimbursed instead of Monnig Development. We recommend that the Agreement be approved. URGENCY CLAUSE: It will be necessary for this Agreement to be order to secure release of State funds from the Any delays could create an opportunity for diverted to earthquake repairs in the bay area. fully executed in Allocation Board. the funds to be 12-11-89 75-0264 1--- . PROPOSED STORM DRAIN TO BE CONSTRUCTED LINE 7-E12 ~ 12-11-89 -..:.-:",,- .;". . . . Verdemonl '~ " VICINITY MAP NO SCAlE S. D. 1 - E 12 MEYERS CREEK AT VERDE MONT ELEMENTARY SCHOOL I .n Bernardino City Unified.hool District . E. Neal Roberts, Ed.D., Superintendent Harold L. Boring, Ed. D., Assistant Superintenden~ Administrative Services '00' ".~ S.ool. . . ." There's No Better Place To Learn December 5, 1989 Mr. Roger Hargrave, Director Public Works Engineering city of San Bernardino 300 North "D" Street San Bernardino, CA 92401 Dear Mr. Hargrave: On October 19, 1989, representatives from the City and School District met to finalize a financing and construction arrangement for the installation of a storm drain for the North Verdemont Elementary School. At that meeting, Mr. David Mylnarski of Monnig Development Company offered to assume the financing for the project. An agreement between the City and Monnig Development was drafted and approved by the city Council on November 6, 1989. As of this date, Monnig Development has not signed that agreement. without an agreement for the storm drain, the State of California will not release funds for the elementary school construction project. Additionally, any additional time delays in attempt to resolve this matter could jeopardize the funding for the entire project. Consequently, I am requesting that the original agreement between the City and School District be placed on the Council's agenda o,f. December 18, 1989. I will seek Board of Education approv!! of :_ the agreement on December 19, 1989. A copy of the "Reque~ @ , Council Action" and the agreement is enclosed. Pn ".~-' ,""', \ ;:.~ "/' Sincerely, 11 Jultlt-- . 0') I~ ':': ':: ',' :-,.., :"';'~ . - :;:l.'; q 1,,-...:,.1 .-, "::l -. R. Scott Shira Facilities Planning and Development Director ~ RSS: ej #hargrave.sd cc: Dr. Boring e ADMINISTRATIVE SERVICES DIVISION 777 North F Street . San Bernardino. CA 92410 . (714) . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 . . . RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO CONSTRUCTION OF A STORM DRAIN FOR NORTH VERDEMONT ELEMENTARY SCHOOL SITE; AND RESCINDING RESOLUTION NO. 89-438. BE IT RESOLVED BY THE MAYOR AND CO~tMON 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 an Agreement with the San Bernardino City Unified School District relating to the construction of a storm drain for the North Verdemont Elementary School Site a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The agreement shall not take effect until fully signed and executed by all parties. The City shall not be 16 17 18 19 20 21 22 obligated hereunder unless and until the agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION 3. The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. SECTION 4. Resolution No. 89-438 is hereby rescinded. 23 24 / / / / 25 / / / / 26 / / / / 27 / / / / 12/11/89 28 / / / / t~, RESO: AUTHORIZING EXECUTIUN Of' AGREENENT WITH CITY UNIFIED SCHOOL DIST~CT RELATING TO NORTH VE~ONT ELEMENTA~SCHOOL SITE SAN J;J;;KNAKlJINU STORM DRAI.OR I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Hayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _day of , 1989, by the following vote, to-wit: AYES: Council 14embers NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this day of , 1989. W. R. City Holcomb, Mayor of San Bernardino Approved as to form and legal content: James F. Penman City Attorney By (1.~~ o A 7' , :/ I:::"~ - 2 - . . . . AGREEMENT CONSTRUCTION OF STORM DRAIN FOR NORTH VERDEMONT ELEMENTARY SCHOOL THIS AGREEMENT is entered into this day of , 19 , between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as "City," and the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, hereafter referred to as "District." RECITALS WHEREAS, District and City desire to provide flood protection through the construction of a storm drain adjacent to the proposed North Verdemont Elementary School site, hereinafter the "Development;" and WHEREAS, City and District agreement setting forth the terms and District will advance the necessary construct the storm drain, for the Development and future development. desire to conditions funds and benefi t of enter into an under which the the City will the proposed COVENANTS NOW, THEREFORE, in consideration of the mutual promises of the parties hereto and of the covenants and conditions contained herein, City and District agree as follows: SECTION 1. CONSTRUCTION Wi thin thirty (30) days following the approval of this agreement by City, City shall prepare construction plans, specifi- cations and an estimate, and seek competitive bids for construc- tion of the storm drain in the manner in which it is authorized by law to conduct said bidding. Upon receipt of said bids, City shall thereafter determine the lowest responsible bidder and award to that bidder or otherwise reject all bids and rebid the project. In the event that the low bid is in excess of the Engineer's Estimate, City shall obtain the written approval of District prior 'co awarding the contract. City shall thereafter administer the construction of the storm drain to its completion in accordance with its normal practices and procedures. SECTION 2. COST OF CONSTRUCTION District shall fully fund the construction of the storm drain subject to reimbursement by City, as provided in Section 3 hereof. Within thirty (30) days of City's award of the contract to the lowest responsible bidder, District shall pay twenty-five EXHIBIT "A" . . . . percent (25%) of the total cost of construction contract for the storm drain to City. District shall thereafter reimburse City for monthly progress payments due from City to the contractor as they become due to completion of the storm drain. SECTION 3. REIMBURSEMENT OF DISTRICT City shall reimburse District for the entire cost of the construction contract without interest, over a five (5) year period in five (5) equal annual installments. The first install- ment shall be due one (1) year from the date of the first payment by the District to the City. SECTION 4. HOLD HARMLESS City shall hold harmless and indemnify District, its governing board, and its officers and employees, from every claim or demand of whatever nature which may be made by reason of City's construction of the storm drain under this agreement. City, at its own cost, expense and risk shall defend any legal proceedings which may be brought against District on any claim or demand of whatever nature arising out of construction of the storm drain under this Agreement and shall satisfy any judgment that may be rendered against any of them. The City shall notify the company of the receipt of any such claim or demand. District shall hold harmless and indemnify City from every claim or demand of whatever nature which may be made by reason of District's performance under this agreement. District at its own cost, expense and risk shall defend any legal proceedings that may be brought against City, its City Council, officers and employees, on any claim or demand of \vhatever nature arising out of its performance under this agreement. SECTION 5. DESIGNATED REPRESENTATIVE The parties hereby designate their respective representa- tives who shall have sole and complete authority to act on behalf of the parties on all aspects of this agreement as follows: City: Roger G. Hardgrave Director of Public Works/City Engineer District: Harold Boring Assistant Superintendent Administrative Services Each party shall have the right, from time to time, to designate a different representative by notice given as provided herein. - 2 - . . . . SECTION 6. ENTIRE AGREEMENT AND MODIFICATION This agreement expresses the whole agreement between the parties, there being no representations, warranties, or other agreements not herein expressly set forth or provided for. No change or modification of or addition to this agreement shall be valid unless the same shall be in writing and signed by both parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year set forth below. Dated: CITY OF SAN BERNARDINO ATTEST: By Mayor City Clerk Dated: SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT By Approved as to form and legal content: James F. Penman City Attorney By ~~ U ., 9.// &r/""",-- , - 3 -