HomeMy WebLinkAbout1989-438
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RESOLUTION NO.
89-438
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH MONNIG DEVELOPMENT, INC., RELATING
3 TO CONSTRUCTION OF A STORM DRAIN FROM THE INTERSECTION OF LITTLE
LEAGUE DRIVE AND MEYERS ROAD TO MEYERS CREEK.
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BE IT RESOLVED BY THE MAYOR AND COMHON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the Ci ty of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
8 an Agreement with Monnig Development, Inc. relating to the
9 construction of a storm drain, from the intersection of Li tt:le
10 League Drive and Meyers Road to Meyers Creek, a copy of which is
11 attached hereto, marked Exhibi t II A" and incorporated herein by
12 reference as fully as though set forth at length.
13 SECTION 2. The agreement shall not take effect until
14 fully signed and executed by all parties. The City shall not be
15 obligated hereunder unless and until the agreement is fully
16 executed and no oral agreement relating thereto shall be implied
17 or authorized.
18 SECTION 3.
The authorization to execute the above-
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fail to execute
resolution.
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~. "IIf
RESO:. AUTHORIZING EXECUTION OF AGREEMENT WITH HONNIG ,DEVELOP-
MENT, INC. RELATING TO STORM DRAIN FROM LITTLE LEAGUE
DRIVE TO MEYERS CREEK.
1 I HEREBY CERTIFY that the foregoing resolution was duly
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Approved as to form
16 and legal content:
17 James F. Penman
City Attorney
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adopted by the Mayor and Common Council of the Ci ty of San
Bernardino at a
reaular
meeting thereof, held on the
~day of
November
, 1989, by the following vote, to-wit~
AYES:
Council Members
Estrada, Reilly, Flores.
Maudsley, Minor, Pope-Ludlam, Miller
NAYS: None
ABSENT: None
~zn~$
/' City Clerk
The foregoing resolution is hereby approved this
':t' ) [
/~If/
day of
November
, 1989.
omb, Mayor
an Bernardino
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AGREEMENT
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CONSTRUCTION OF STORM DRAIN
FOR NORTH VERDEMONT
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THIS AGREEMENT is entered into as of this
day of
1989, by and between the MONNIG
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DEVELOPMENT, INCORPORATED, hereinafter referred to as wMONNIGw,
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and the CITY OF SAN BERNARDINO, a municipal corporation,
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hereinafter referred to as (WCityW).
RECITALS
A. WHEREAS, construction of the Master Plan storm Drain,
from the intersection of Little League Drive and Meyers Road to
Meyers Creek, is needed to protect property in the area from
flooding; and
B. WHEREAS, MONNIG is in the process of developing
several subdivisions in the Verdemont Area which shall benefit
from such storm drain and, MONNIG is willing to advance the
necessary funds to finance the construction costs for the storm
drain; and
C. WHEREAS, City is willing to reimburse MONNIG for the
funds advanced in five equal annual payments.
NOW THEREFORE, in consideration of the mutual promises of
the parties hereto and of the covenants and conditions contained
herein, MONNIG and CITY agree as follows:
SECTION 1.
A construction plan and estimate will be
prepared by a consulting engineering firm selected by the
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Director of Public Works/City Engineer for the CITY at CITY's
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cost to prepare plans for the Master Plan storm Drain to be
installed in the general area of the intersection of Little
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1 League Drive and Meyers Road to Meyers Creek. All work shall be
4 writing before commencement of the affected work.
3 pursuant to any revision thereof which has been obtained in
2 performed in accordance with such plans when approved, or
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SECTION 2. BIDDING PROCEDURE.
6 MONNIG hereby agrees and acknowledges that any contract or
7 subcontract to perform work under this Agreement shall be awarded
8 consistent with the public bidding procedure set forth at San
9 Bernardino Municipal Code Chapter 12.20. The Director of Public
10 WorkS/City Engineer shall prepare all necessary contract
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documents.
Said contract documents shall contain all necessary
12 provisions for a public works contract by a public entity. Said
13 contract documents shall be forwarded to MONNIG who shall then
14 have responsibility for all necessary notices, bid openings,
15 award and the hearing of any appeals.
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SECTION 3.
MONNIG shall, within 60 days of date of
17 submission to it of completed construction plans and contract
18 documents by CITY, commence construction of the storm drain and
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appurtenant facilities.
MONNIG shall finance all costs of such
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construction.
A copy of the final contract between MONNIG and
21 the party awarded the bid to perform the work of construction
23 prior to work being commenced. Approval shall not be granted in
22 shall be approved by the Director of Public Works/City Engineer
24 the event that the contract price is higher than the Director of
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25 Public WorkS/City Engineer's approved or revised estimate of
cost.
Construction staking and inspection shall be provided by
27 CITY at CITY's expense.
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SECTION 4.
MONNIG shall submit a copy of the actual final
2 contract cost to the Director of Public Works/City Engineer,
3 within 30 days following date of the acceptance of the work by
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CITY.
statement of costs must be accompanied by a signed
5 statement of an officer of the company verifying the truth and
6 accuracy of such costs.
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SECTION 5.
CITY shall reimburse MONNIG for 100% of the
8 actual final contract cost, without interest, in five equal
9 annual payments. Except that, CITY shall not be responsible for
10 any costs incurred as a result of a delay claim, or as a result
11 of any claim for extra costs by the contractor of which CITY was
12 not notified within 3 days following date that MONNIG first
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became aware of the basis for such claim.
The first
14 reimbursement payment hereunder is due one year after the date of
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15 commencement of construction pursuant to this agreement.
SECTION 6.
MONNIG shall hold harmless and indemnify CITY,
17 its officers, agents and employees from every claim or demand of
18 whatever nature which may be made by reason of MONNIG's
19 construction of the storm drain under this agreement. MONNIG, at
20 its own cost, expense and risk shall defend any legal proceedings
21 which may be brought against CITY on any claim or demand of
22 whatever nature arising out of construction of the storm drain
23 under this Agreement and shall satisfy any judgment that may be
24 rendered against any of them. The CITY shall notify the company
25 of the receipt of any such claim or demand.
26 CITY shall hold harmless and indemnify MONNIG from every
27 claim or demand of whatever nature which may be made by reason of
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CITY's performance under this agreement.
CITY at its own cost,
2 expense and risk shall defend any legal proceedings that may be
3 brought against MONNIG on any claim or demand of whatever nature
4 arising out of CITY's performance under this agreement.
5 SECTION 7. The parties hereby designate their respective
6 representatives, to whom all notices to be provided hereunder
7 shall be addressed, as follows:
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AS TO CITY:
AS TO MONNIG
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Roger G. Hardgrave
Director of Public Works/
City Engineer
300 North "D" street
San Bernardino, CA 92418
Fax - (714) 384-5238
David Mlynarski
Director of Planning
501 N. Placentia
Fullerton, Ca 92631
Fax - (714) 996-5460
Each party shall have the right, from time to time, to
designate a different representative by notice given in writing
mailed to the address set forth above.
SECTION 8.
Time is of the essence for this Agreement.
Both parties shall vigorously pursue the completion of the storm
drain as quickly as practical.
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SECTION 9.
ENTIRE AGREEMENT AND MODIFICATION.
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This agreement expresses the whole agreement between the
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parties, there being no representations, warranties, or other
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agreements not herein expressly set forth or provided for. No
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change or modification of or addition to this Agreement shall be
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valid unless the same shall be in writing and signed by both
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parties hereto.
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SECTION 10.
NO THIRD PARTY BENEFICIARIES OF AGREEMENT.
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Any insurance coverage required herein is for the
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protection of CITY, its officers, agents, employees, contractors,
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and invitees.
No third party beneficiaries other than as
2 specifically named herein are contemplated under any provision of
3 this agreement, nor is it the intent of this agreement to create
4 any right in same.
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SECTION 11. SUCCESSORS BOUND.
6 This agreement shall be binding upon and inure to the
7 benefit of each of the parties and their respective legal
8 representatives, successors, heirs and assigns.
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SECTION 12. ASSIGNMENT PROHIBITED.
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The rights and privileges given hereunder are not
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12 such attempted assignment shall be invalid and of no legal force
11 assignable in whole or in part or by operation of law and any
or effect.
This provision may be waived only with the express
14 written consent of the Mayor and Common Council of the City of
15 San Bernardino.
16 IN WITNESS WHEREOF, the parties hereto have executed
17 this Agreement on the date and year set forth below.
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Monnig Development, Inc.
City of San Bernardino
By:
By:
David Mlynarski
W.R. Holcomb, Mayor
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23 Approved as to form
and legal content:
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JAMES F. PENMAN,
City Attorney
By=r? ~
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