HomeMy WebLinkAbout19-Development Services
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CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Subject: A Resolution approving a Memorandurn
of Understanding regarding a cost sharing
agreement with G. F. R. Enterprises for Debris
Basin in Tract No. 12958.
Dept: Development Services
Date: August 14, 2001
File No. 11.43-DPIII 99-19
MCC Date: 8/20/01
Synopsis of Previous Council Action:
1. May 11, 1987 City Council approved Final Tract Map No. 12958.
2. Allocation of $30,000 in the 2001/02 Capital Improvement Program (CIP) for the Shandin
Hills DesiIting Basin in Account No. 248-368-5504-7259.
Recommended Motion:
Adopt Resolution.
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Contact person: Y oun H. Kim, Senior Civil Engineer
Phone:
~O?7
Supporting data attached: Staff Report, Map, Resolution
ward:
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FUNDING REQUIREMENTS: Amount: $30,000
Source: (Acct. No.) 248-368-5504-7259
Acct. Description: Shandin Hills DesiIting Basin
Finance:
Council Notes:
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Agenda Item No. l.L-
g 1.10)01
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
A Resolution approving a Memorandurn of Understanding regarding a cost sharing agreement
with G. F. R. Enterprises for Debris Basin in Tract No. 12958.
Backl!l"ound:
On November 16, 1999, the Planning Commission approved DP III 99-19, providing for the
construction of 26 single-family homes on previously subdivided property.
This project completes the remaining vacant lots originally developed under Final Tract Map
No. 12958.
The installation of a Debris Basin is necessary to protect the lots and public streets from
siltation and flooding associated with on-going erosion from the hillside behind this tract.
The erosion control is also partially a City responsibility due to previous City grading activities
associated with access to hilltop facilities. City staff is recommending that the City participate
50% toward the cost of the project due to the overall public benefit of protecting public streets
and other "down stream" homeowners. The Debris Basin Improvement Plan has been
prepared and approved by the City Engineer on May 16, 2001.
Ongoing maintenance will be provided through existing Landscape Maintenance District 959
which already cleans associated concrete brow ditches periodically.
Financial Imoact:
Funding for this project in the amount of $30,000 (City's share) was approved in the
FY 2001/2002 Budget in Account No. 248-368-5504-7259.
Recommendation:
Adopt resolution.
City of San Bernardino, California
De/J.artment of Development Services
PUblic WorkS/Engineering Division
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RESOLUTION NO.
RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING
REGARDING A COST SHARING AGREEMENT WITH G. F. R. ENTERPRISES FOR
DEBRIS BASIN IN TRACT NO. 12958.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and Common Council find that the proposed Memorandum
of Understanding Regarding Tract No. 12958 Debris Basin Cost Sharing, located on Lot 39 of
Tract No. 12958, together with the provisions for their design and improvements, is consistent
with the General Plan of the City of San Bernardino.
SECTION 2. The Mayor is hereby authorized on behalf of the City to execute said
Memorandum of Understanding, attached as Exhibit 1 and incorporated herein, by and
between the City of San Bernardino and G.F.R. Enterprises.
Said improvements are
15 specifically described and shown on Drawings approved and on file in the Development
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Services Department of the City of San Bernardino.
SECTION 3. This Resolution is rescinded if the parties to the Memorandum of
Understanding fail to execute it within sixty (60) days of the passage of this Resolution.
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~- 1 RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING
'- 2 REGARDING A COST SHARING AGREEMENT WITH G. F. R. ENTERPRISES FOR
DEBRIS BASIN IN TRACT NO. 12958.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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5 Common Council of the City of San Bernardino at a
6 _ day of ,2001, by the following vote, to wit:
meeting thereof, held on the
7 Council Members:
8 ESTRADA
9 LIEN
10
AYES
NAYS
ABSTAIN ABSENT
MC GINNIS
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13 SUAREZ
SCHNETZ
14 ANDERSON
15 MC CAMMACK
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City Clerk
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The foregoing resolution is hereby approved this
day of
, 2001.
Judith Valles, Mayor
City of San Bernardino
Approved as to
23 Form and legal content:
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JAMES F. PENMAN,
City Attomey
BY!- :t e-.
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MEMORANDUM OF UNDERSTANDING
RE
[TRACT 12958 DEBRIS BASIN COST SHARING]
BY AND BETWEEN
THE CITY OF SAN BERNARDINO
AND
G.F .R. ENTERPRISES
Dated: , 2001
IRV 13707 v2
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MEMORANDUM OF UNDERSTANDING
RE
TRACT 12958 DEBRIS BASIN COST SHARING
THIS MEMORANDUM OF UNDERSTANDING ("Memorandum"), dated for reference
purposes as indicated on the cover page, is hereby entered into by and between the CITY OF
SAN BERNARDINO, a public body, corporate and politic (the "CITY") and G.F.R.
ENTERPRISES, a California corporation ("GFR") as follows.
RECITALS
WHEREAS, on or about February 18, 1999, GFR acquired title to twenty-six (26) lots of
Tract 12958 which are more particularly described as Lots 28, 29, 33, 34, 35, 36, 37,38,39,40,
41,42,50,51,52,53,54,57,77,91, 100, 101, 102, 110, 111, and 112 ofTract 12958 in the City
of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book
215 of maps, pages 40 through 45, inclusive, in the office of the County Recorder of said County
("Subject Parcels"), and
WHEREAS, on November 16, 1999, GFR obtained Development Permit Type III No.
99-19 which incorporated a set of Standard Requirements and a letter of clarification from the
CITY's Engineering Department dated November 16, 1999 (collectively the "Development
r- Permit") from the CITY for the development of twenty-six (26) single family homes on the
'- Subject Parcels located along Shandin Drive, Shandin Circle, Canyon Terrace Drive, and Big
Canyon Court in the City of San Bernardino ("Project"), and
WHEREAS, the Development Permit required GFR to construct a drainage system,
adequate to mitigate preexisting runoff, in back of lots 38, 39, and 40 (which was subsequently
changed to lots 37, 38, and 39 by agreement of the Parties) prior to issuance of building permits
for these three lots, and
WHEREAS, GFR and the CITY have agreed that the preexisting runoff has been
affected by activities of the CITY in the area tributary to the location of the required drainage
system, and
WHEREAS, GFR desires to obtain building permits for lots 37, 38, and 39, and the
parties desire that GFR construct the required drainage system and share the cost thereof with the
CITY,
NOW, THEREFORE, in consideration of the promises made and recited herein, the
Parties do hereby enter into this Memorandum setting forth the terms under which GFR and the
CITY will share the cost of the required drainage system as follows:
OPERATIVE PROVISIONS
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1. Debris Basin Meets Requirement. The Parties agree that the drainage system
required by the Development Permit is a debris basin and related structures ("Debris Basin") as
IRV 13707 v2
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shown on the plans which are incorporated herein by reference as Exhibit "A". The CITY agrees
,--. to accept construction of the Debris Basin in satisfaction of the applicable conditions of the
Development Permit. The CITY agrees to issue building permits (provided all other applicable
requirements are met) for lots 37, 38, and 39, upon execution of this Memorandum by the
Parties. The city agrees to waive all fees for any permit required to construct the Debris Basin.
2. Debris Basin Construction. GFR agrees to procure the design and construction
services for the Debris Basin and to diligently pursue construction of the Debris Basin to
completion within three (3) months from and after the Effective Date of this Memorandum.
GFR shall provide the CITY with true and correct copies of all contracts, requests for
information, change orders, as-built drawings, and other construction related documents,
including all contractor invoices, bills, charges, and all evidences of payment to the Contractor
by GFR.
3. Debris Basin Cost. The Parties have estimated the total cost to design and construct
the Debris Basin to be Seventy Thousand Dollars and No Cents $70,000.00, hereinafter the
"Estimated Cost". The Parties will establish the final cost of the Debris Basin within thirty (30)
days from and after completion of construction and final inspection by the CITY. The final cost
of the Debris Basin shall be the total cost of the design and construction of the Debris Basin as
reflected in engineer and contractor invoices, bills, and charges to GFR, which directly relate to
the Debris Basin, and which have been approved and paid by GFR. This shall be known as the
"Final Cost". This Final Cost shall be subject to the approval of the City Engineer.
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4. Cost Sharing. The Parties agree to share the cost of the Debris Basin as follows:
4.1 Advance of Construction Costs. GFR shall advance such costs as are
reasonably necessary to initiate and complete the design and construction of the Debris Basin,
subject to reimbursement of a portion of these costs from the CITY as provided in this
Memorandum.
4.2 Deposit. Within thirty (30 days from and after the Effective Date of this
Memorandum, the CITY shall deposit an amount equal to fifty percent (50%) of the Estimated
Cost into a designated account with the CITY.
4.3 Reimbursement. GFR shall be entitled to seek periodic reimbursement
from the funds on deposit with the CITY for its actual costs incurred in the design and
construction of the Debris Basin. Concurrently with GFR making payment on any engineer's or
contractor's invoice which is directly related to the Debris Basin, GFR shall provide the CITY
with a copy of the invoice, a copy of the documents evidencing GFR's payment of such invoice,
and GFR's request for reimbursement. The request for reimbursement shall indicate the
percentage of the contract that is complete, the amount of retention, the amount actually paid by
GFR, and the amount of reimbursement sought. GFR shall be entitled to receive reimbursement
for fifty percent (50%) of the amount actually paid by GFR as evidenced by the documents
provided with the request. Contract retention amounts shall be reimbursed to GFR by the CITY
_ after GFR makes final payment to the contractor. The City shall make all such reimbursement to
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IRV 13703 v2
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GFR within fifteen (15) days of receipt of a complete request from GFR. All requests for
reimbursement shall be directed to the CITY as follows:
City of San Bernardino
Development Services Department
Attn: City Engineer
300 North "D" Street
San Bernardino, California 92418-0001
Fax: (909) 384-5080
4.4. Final Cost. Within fifteen (15) days after determination of the Final Cost
as provided in section "3." [Debris Basin Cost], GFR shall provide the CITY with an accounting
of the Final Cost, including the total contract price, additions and deletions of the contract price,
the total amount paid by GFR, the total amount received by GFR as reimbursement, and a
request for final reimbursement. In the event that the Final Cost does not exceed the Estimated
Cost by more than ten percent (10%), then the CITY shall make final reimbursement to GFR
within fifteen (15) days from and after receipt of the request for final reimbursement. In the
event that the Final Cost exceeds the Estimated Cost by more than ten percent (10%), then the
CITY shall make final reimbursement within thirty (30) days from and after receipt of the
request for final reimbursement.
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5. Indemnitv. GFR hereby agrees to indemnifY, defend with counsel reasonably
acceptable to the CITY, and hold the CITY and its officials, officers, employees, and agents
harmless from and against any liability, claim, damage, cost, proceedings (whether judicial or
administrative), lien, or judgment, arising from or in any way related to GFR's performance
under this Memorandum.
6. Insurance. GFR shall not commence work under this Agreement until GFR shall
have obtained all insurance required under this paragraph, and such insurance shall have been
approved by City Attorney as to form, amount and carrier, nor shall GFR allow any contractor or
subcontractor to commence work on his contract or subcontract until all similar insurance
required of the contractor or subcontractor shall have been so obtained and approved. All
requirements herein provided shall appear either in the body of the insurance policies or as
endorsements and shall specifically bind the insurance carrier.
6.1. Workers' Compensation InsurancelEmplover's Liabilitv Insurance.
GFR shall maintain, during the life of this Agreement, Workers' Compensation and Employer's
Liability Insurance for all GFR's employees employed at the site of improvement, and, in case
any work is sublet, GFR shall require any contractor or subcontractor similarly to provide
Workers' Compensation Insurance and Employer's Liability Insurance for all contractor's or
subcontractor's employees, unless such employees are covered by the protection afforded by
GFR. In case any class of employees engaged in work under this Agreement at the site of the
project is not protected under any Workers' Compensation Law, GFR shall provide, and shall
cause each contractor and subcontractor to provide, adequate insurance for the protection of
employees not otherwise protected. GFR shall indemnify City for any damage resulting to it
- from failure of either GFR or any contractor or subcontractor to take out of maintain such
I"".... insurance.
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6.2. Public Liability and Property Damal!e Insurance. GFR shall take out
and maintain, during the life of this Agreement, such public liability and property damage
insurance as shall insure City, its elective and appointive boards, commissions, officers, agents
and employees, GFR and any contractor or subcontractor performing work covered by this
Agreement from claims for damages for personal injury (as defined hereunder), including death,
as well as from claims for property damage or product liability which may arise from GFR's or
any contractor's or subcontractor's operations hereunder, whether such operations be by GFR or
any contractor or subcontractor, or by anyone, including, without limitation, agents, employees
or independent contractors, directly or indirectly employed by either GFR or any contractor or
subcontractor, and the amounts of such insurance shall be as follows:
6.2.1. Public Liability Insurance. In an amount not less than One
Million Dollars ($1,000,000.00) for injuries, including, but not limited to, death, to anyone
person, and, subject to the same limit for each person, in an amount not less than One Million
Dollars ($1,000,000.00) on account of anyone occurrence; Product Liability Insurance coverage
should be part of the Public Liability Insurance;
6.2.2. Property Damal!e Insurance. In an amount not less than One
Million Dollars ($1,000,000.00) for damage to the property of each person on account of anyone
occurrence..
In the event that any of the aforesaid insurance policies provided for in this
paragraph 6 insures any entity, person, board or commission other than those mentioned in this
paragraph, such policy shall contain a standard from of cross-liability endorsement, insuring on
such policy City, its elective and appointive boards, commissions, officers, agents and
employees, GFR and any contractor or subcontractor performing work covered by this
Agreement.
6.2.3. Tail Coveral!e. Insurance coverage, albeit for public liability or
property damage, shall be written, if possible, on an "occurrence" form rather than a "claims
made" policy. If the insurance policy is written on a "claims made" policy, then additional
coverage, entitled "tail coverage," must be purchased to cover a period of one (1) year from
completion of the project. All subcontractors must and shall comply with the same insurance
provisions as the contractor(s) and subdivider(s).
6.2.4. Personal Injury - Defined. As used herein, the term "personal
injury" shall be defined as a hurt or damage to one's person including, without limitation,
damage to health, cuts, bruises, broken limbs and/or bones, or the like, disabilities or
impairments, including aggravation of existing injuries, or invasion of personal rights, including
libel or slander, criminal conversation, malicious prosecution, false imprisonment and mental
suffering.
7. Evidence ofInsurance. GFR and contractor shall furnish City, concurrently with the
execution hereof, with satisfactory evidence of the insurance required, and evidence that City is
named and endorsed on the policy as an additional insured. GFR and contractor shall also
provide City with evidence that each carrier will be required to give City at least ten (10) days
IRV 13707 v2
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prior written notice of the cancellation or reduction in coverage of any policy during the effective
'_ period of this Agreement.
8. General Terms and Conditions. The following general terms and conditions shall
apply to this Memorandum:
8.1. Assil!nment. GFR shall not assign any rights or privileges created under
this Memorandum without the prior written consent of the CITY.
8.2. Amendment. This Memorandum may only be amended by the written
consent of all of the parties to this Memorandum.
8.3. Authoritv. The individuals executing this Memorandum on behalf of
GFR represent and warrant that they have the legal power, right, and actual authority to bind
GFR to the terms and conditions set forth in this Memorandum.
8.4. Entire Memorandum. This Memorandum constitutes the entire
agreement between the parties and supersedes all agreements, representations, warranties,
statements, promises and/or understandings, whether oral or written, with respect to the subject
matter hereof and no party shall be bound by any such representation, statement, promise or
understanding not specifically set forth in this Memorandum.
8.5. Governinl! Law. This Memorandum shall be construed and governed in
,.. accordance with the laws of the State of California,
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8.6. Severabilitv. In the event that any of the provisions, or portions thereof,
of this Memorandum are held to be unenforceable or invalid by any court of competent
jurisdiction, the validity and enforceability of the remaining provisions, or portions thereof, shall
not be affected thereby.
8.7. Non-Liabilitv of CITY Official and Emplovees. No board member,
official, consultant, attorney, or employee of the CITY shall be personally liable to GFR, or any
successor or assignee, or any person claiming under or through them, in the event of any default
by the CITY or for any amount which may become due to GFR or to its successor or assignee or
for any obligations arising under this Memorandum.
8.8. No Third Party Beneficiaries. This Memorandurn, its terms, conditions,
and covenants are for the sole and exclusive benefit of the CITY and GFR. No other parties or
entities are intended to be, or shall be considered, a beneficiary of the performance of any of the
parties' obligations under this Memorandum.
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8.9. Interpretation. CITY and GFR acknowledge that this Memorandum is
the product of mutual arms-length negotiation and drafting and each represents and warrants to
the other that it has been represented by legal counsel in the negotiation and drafting of this
Memorandum. Accordingly, the rule of construction which provides that ambiguities in a
document shall be construed against the drafter of that docurnent shall have no application to the
interpretation and enforcement of this Memorandum. In any action or proceeding to interpret or
enforce this Memorandurn, the finder of fact may refer to such extrinsic evidence not in direct
IRV 13707 v2
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conflict with any specific provision of this Memorandum to determine and give effect to the
~ intention of the parties hereto.
8.10 Counterpart Ori~inals. This Memorandum may be executed in duplicate
originals, each of which is deemed to be an original.
8.11 Effective Date of Memorandum. This Memorandum shall not become
effective until the date it has been executed by the duly authorized representatives of GFR and
has been approved and executed by the Mayor of the CITY.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum on the
date and year first-above written.
CITY OF SAN BERNARDINO
By:
Judith Valles
Mayor
ATTEST:
Approved as to Form and Legal Content
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By:
By ~9tC.-
es F. Penman
City Attorney
Rachel Clark
City Clerk
G.F.R. ENTERPRISES
By:
Richard F. Herrera, President
By:
Felizardo Robles, Jr.
Secretary IT reasurer
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EXHIBIT "A"
PLAN OF DEBRIS BASIN
EXHIBIT "A"
IRV 13707 v2
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
August 28, 2001
TO:
Y oun Kim, Engineering Associate
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2001-259
At the Mayor and Common Council meeting of August 20, 2001, the City of San Bernardino
adopted Resolution 2001-259 - Resolution approving a Memorandum of Understanding
regarding a cost sharing agreement with G.FR. Enterprises for debris basin in Tract No. 12958.
Attached is one (I) original agreement. Please obtain signatures in the appropriate locations and
return the original agreement to the City Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by October 19,2001.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby acknowledge receipt of e above mentioned documents.
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. / / Please sign and return
Date: J-/ ~/ :HrzJ /
/ /
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
September 5,2001
TO:
Finance
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2001-259 - Agreement with G.F.R. Enterprises
CC:
Attached is an executed copy of the Memorandum of Understanding regarding a cost sharing
agreement with G.F.R. Enterprises for debris basin in Tract No. 12958. The original agreement
is on file in the City Clerk's Office.
If you have any questions, please call me at ext. 3206.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): '6-- ,:x)-O \ Item # \'1
Vote: Ayes 11l{-I\ Nays B
Change to motion to amend original documents:
Resolution #
Abstain -e
'2 CO \ - d5~
Absent '.J.:\
Reso. # On Attachments: ~ Contract term:
Note on Resolution of Attachment stored separately:-=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
NullNoid After: &>0 OA-~:" ! I 0-\ ~ -() \
By: -
Date Sent to Mayor: ir- dd-a)
Date of Mayor's Signature: "-7. "'-0,
Date of ClerklCDC Signature: ~~ Z?, -() J
Reso. Log Updated: V
Seal Impressed: .-/
Date MemolLetter Sent for Signature: 1,-- 2 15:-<::J \
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: ../ Date Returned: Gj-S-a \
See Attached:
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes ,,/ No By
Yes No~ By
Yes No ~ By
Yes NO-7 By
Yes No By_
Copies Distributed to:
City Attorney / Code Compliance
Dev. Services ~ EDA
Finance v
MIS
Parks & Reo.
Police
Public Services
Water
Others:
Notes:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.l
Ready to File: (Yll
Date: q-S-0.,
Revised 01/12/01