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BERrQRDINOA~EQU~S;' NQ)~. COUNCIL
ACTION
· CITY OF SAN
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From: ROGER G. HARDGRAVE
Subject: Authorization to Execute Agree-
ment with Monnig Development,
Inc. -- Installation of Storm
Drain from Intersection of
Little League Drive & Meyers
Road to Meyers Creek
Dept: Public Works/Engineering
Date: 10-31-89
Synopsis of Previous Council action:
07-20-89 -- Review of unfunded items with School District and State
officials conducted by Legislative Review Committee.
08-24-89 --Proposed financing arrangements reviewed by Legislative
Review Committee.
10-19-89 -- Proposal from Monnig Development, Inc. to upfront funds
for construction of storm drain approved.
Recommended motion:
1. That the transfer of $25,000, from Account No. 248-368-57836,
"Mt. View Avenue (Phase I), 37th Street to 40th Street," to
Account No. 248-368-57874, Install Storm Drain - North
Verdemont Elementary School Site, be approved.
2. Adopt resolution.
cc:
Marshall Julian
Jim Richardson
Jim Penman
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Supporting data attached:
Roger G. Hardgrave
Staff Report, Agreement
Resolution & Map
Phone:
5025
Contact person:
Ward:
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FUNDING REQUIREMENTS:
Amount: $25,000
Source: (Acct. No.) 248-368-57874
(Acct. DescriPtion)
Install st~n - North
Finance: IJ ~
Verdemont Elementary School
Council Notes:
75-0262
Agenda Item No.
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CITY OF SAN BERtORDINO
- REQUEST C))R COUNCIL ACTION
STAFF REPORT
Extensive discussions have been conducted with the School
District and State Local Assistance Office representatives
relative to provision of funds to finance all necessary public
works infrastructure improvements. Funding has been reached on
all items, except for the storm drain to protect the site from
flooding.
The State Local Assistance Office has agreed to pay twice
the normal drainage cost (2 X $17,700 = $35,400) toward the esti-
mated cost of $281,300 for construction of the storm drain, plus
construction of the diversion dike along the north side of the
school site.
A proposal has been made by Monnig Development, Inc., to
up front the necessary funds to finance the construction cost of
Master Plan Storm Drain 7-E12, from the intersection of Little
League Drive and Meyers Road to Meyers Creek. These funds will
be reimbursed in five equal annual payments.
The proposed Agreement provides, in general, that Monnig
Development, Inc. will have the storm drain installed in
accordance with the public bidding procedure set forth in San
Bernardino Municipal Code Chapter 12.20. Contract documents will
be prepared by our office, and will contain all necessary
provisions for a public works contract by a public entity.
Reimbursement to Monnig Development, Inc. in the amount
of 100% of the actual final contract cost will be made in 5 equal
annual payments.
We estimate that the engineering and inspection charges
will be $25,000. It is proposed that this amount of funds be
transferred from the $625,000 allocated for the installation of a
storm drain in Mt. View Avenue, from 37th Street to 40th Street.
We recommend that the transfer of funds and agreement be
approved.
URGENCY CLAUSE:
Negotiations on sharing of the costs for certain improvements
have been underway for an extended period. It is necessary that
this Agreement be approved as soon as possible to allow the
school to proceed while funds from the State Allocation Board are
still available.
75-0264
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PROPOSED STORM DRAIN
TO BE CONSTRUCTED
LINE 7-E12
10-31-89
Verdemont
VICINITY MAP
NO SCALE
S. D.
7 - E 12
MEYERS CREEl< AT
VERDEMONT ELEMENTARY SCHOOL
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH MONNIG DEVELOPMENT, INC., RELATING
TO CONSTRUCTION OF A STORM DRAIN FROM THE INTERSECTION OF LITTLE
LEAGUE DRIVE AND MEYERS ROAD TO MEYERS CREEK.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
an Agreement with Monnig Development, Inc. relating to the
construction of a storm drain, from the intersection of r...i ttle
League Drive and Meyers Road to Meyers Creek, 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
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
20 fail to execute it within sixty (60) days of the passage of this
21 resolu~ion.
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10/31/89 28
RESO:
AUTHORIZING EXECUTION OF AGREEMENT WITH MONNIG DEVELOP-
MENT, , .INC . RELATING TO STORM DJ?~.IN FROM LITTLE LEAGUE
DRIVE J MEYERS CREEK.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
_day of
AYES:
, 1989, by the following vote, to-wit~
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
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day of
, 1989.
w. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
By I1A,.V;-" 7.~
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AGREBMBNT
CONSTRUCTION OF S'1'ORM DRAIN
FOR NORTH VBRDBMONT
~BIS AG.BBMB~ is entered into as of this
day of
1989, by and between the MONNIG
,
DEVBLOPMENT, INCORPORATED, hereinafter referred to as wMONNIG-,
and the CITY OF SAN BERNARDINO, a municipal corporation,
hereinafter referred to as (WC~tyW).
RECITALS
A. WHBRBAS, 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 THBRBFORE' in consideration of the mutual promises of
the parties hereto and of the covenants and conditions contained
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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
Director of Public Works/City Engineer for the CITY at CITY's
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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League Drive and Meyers Road to Meyers Creek. All work shall be
performed in accordance with such plans when approved, or
pursuant to any revision thereof which has been obtained in
writing before commencement of the affected work.
SECTION 2. BIDDING PROCEDURE.
MONNIG hereby agrees and acknowledges that any contract or
subcontract to perform work under this Agreement shall be awarded
consistent with the pUblic bidding procedure set forth at San
Bernardino Municipal Code Chapter 12.20. The Director of Public
WorkS/City Engineer shall prepare all necessary contract
documents.
Said contract documents shall contain all necessary
provisions for a public works contract by a public entity. Said
contract documents shall be forwarded to MONNIG who shall then
have responsibility for all necessary notices, bid openings,
award and the hearing of any appeals.
SECTION 3.
MONNIG shall, within 60 days of d~te of
submission to it of completed construction plans and contract
documents by CITY, commence construction of the storm drain and
appurtenant facilities.
MONNIG shall finance all costs of such
construction.
A copy of the final contract between MONNIG and
the party awarded the bid to perform the work of construction
shall be approved by the Director of Public Works/City Engineer
prior to work being commenced. Approval shall not be granted in
the event that the contract price is higher than the Director of
Public Works/City Engineer's approved or revised estimate of
cost.
Construction staking and inspection shall be provided by
CITY at CITY's expense.
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SECTION 4.
MONNIq 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
15 commencement of construction pursuant to this agreement.
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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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1 CITY's performance under this agreement. CITY at its own cost,
2 expensa and risk shall defend any legal proceedings that may be
3 brough~ against MONNIG on any claim or demand of whatever nature
4 arising out of CITY's performance under this agreement.
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SECTION 1.
The parties hereby designate their respective
6 representatives, to whom all notices to be provided hereunder
1 shall be addressed, as followS:
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AS TO MONNIG
AS TO CITY:
Roger G. Hardgrave
Director of Public Works/
City Engineer
300 North "0" street
San Bernardino, CA 92418
Fax - (114) 384-5238
David M1Ynarski
Director of Planning
501 N. P1acentia
Fullerton, Ca 92631
Fax - (114) 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.
SECTION 9.
ENTIRE AGRE~~~r AND MODIFICATION.
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
valid unless the same shall be in writing and signed by both
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parties hereto.
NO ~HIRD PARTY BENEFICIARIES OF AGREEMENT.
SECTION 10.
Any insurance coverage required herein is for the
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 agreemen~, 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.
10 The rights and privileges given hereunder are not
11 assignable in whole or in part or by operation of law and any
12 such attempted assignment shall be invalid and of no legal force
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This provision may be waived only with the express
or effect.
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
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By:
By:
W.R. Holcomb, Mayor
David M1Ynarski
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23 Approved as to form
and legal content:
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JAMES F. PENMAN,
City Attorney
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By: ~ l ~
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