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HomeMy WebLinkAboutS16-Public Works . .. - BERrQRDINOA~EQU~S;' NQ)~. COUNCIL ACTION · CITY OF SAN .. 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 ;;/ I / i;~ ~ .} Supporting data attached: Roger G. Hardgrave Staff Report, Agreement Resolution & Map Phone: 5025 Contact person: Ward: 5 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. 5-/6_ - ~ 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 -- - - .J). /",,,.,, '-' .""'0' , ....otI 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 ,. ",-" '-" .....""" . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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. 22 / / / / 23 / / / / 24 / / / / 25 / / / / 26 / / / / 27 / / / / 10/31/89 28 / / / / 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25' 26 27 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. ~ . 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 ~.' "-: 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.~ (~ V - 2 - 3 4 5 6 7 8 9 10 11 12 13 .14 15 16 17 18 19 20 21 t""" "...... """"" 1 2 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 22 23 24 25 26 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 27 28 JFW: br 10/27/89 1 f oil 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ... "........, , "'-' ....., 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. JFW:br 10/27/89 2 ...... - ;fP""'\ .H"'.>~" '" .......- ~ 1 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 4 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. 7 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 13 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. 16 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 28 JFW:br 10/27/89 3 .....- - ,." "', ........., -" 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. 5 SECTION 1. The parties hereby designate their respective 6 representatives, to whom all notices to be provided hereunder 1 shall be addressed, as followS: 8 9 10 11 12 13 14 15 16 17 18 19 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 20 parties, there being no representations, warranties, or other 21 agreements not herein expressly set forth or provided for. No 22 change or modification of or addition to this Agreement shall be valid unless the same shall be in writing and signed by both 23 24 25 26 27 28 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, 4 JF\'l: qr 10/27'/89 . ~ IlIl ........... 1 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. 5 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. 9 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 13 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. 18 19 20 Monnig Development, Inc. City of San Bernardino 21 By: By: W.R. Holcomb, Mayor David M1Ynarski 22 23 Approved as to form and legal content: 24 25 JAMES F. PENMAN, City Attorney 26 27 28 By: ~ l ~ rJ JFW:br 11/2/89 5