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RESOLUTION NO.
95-392
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF STANDARD AGREEMENT, conTRACT NO. W957032, IIITH THE
TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, CALIFORNIA STATE
UNIVERSITY, SAN BERNARDINO, RELATING TO THE IlISTALLATION OF
TI~FFIC SIGNALS AT NORTH PARK BOULEVARD AND COYOTE DRIVE,
BE IT RESOLVED BY THE MAYOR AND CO~J'lON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Ilayor of the City of San Bernardino is
authorized and directed to execute, on behalf of said
a Standard Agreement, Contract No. W957032, with the
Trustees of the California State University, California State
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University, San Bernardino, relating to the installation of
traffic signals at Northpark Boulevard and Coyote Drive. A copy
of said agreement is attached hereto, marked Exhibit "A" and
incorporated herein by reference as fully as though set forth at
length.
SECTION 2. This agreement and any amendment or nodifica-
tions thereto shall not take effect or become operative until
fully signed and executed by both parties. The City shall not be
obligated hereunder unless and until the agreement is fully
executed and no oral agreenent relating thereto shall be implied
or authorized.
SECTION 3.
This resolution is rescinded if the parties
to the agreement fail to execute it within sixty (90) days of the
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passage of this resolution.
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10-10-95
j) 3?::c' RESa: AUTHORIZING EXECUTION OF AGREEMENT WITH CALIFORNIA STATE
UNIVERSITY - SAN BERNARDINO RELATING TO INSTALLATION OF
TRAFFIC SIGNALS AT nORTHPARK BOULEVARD AND COYOTE DRIVE,
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Connon Council of the City of San
3 Bernardino at a
4 20th day of November
5 Council ~-1embers :
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 DEVLIN
11 POPE-LUDLAM
reqular
meeting thereof, held on the
, 1995, by the following vote, to-wit:
AYES
NAYS
ABSTAIN
ABSENT
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x
x
x
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x
12 MILLER
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day of
x
M~~
Rachel Clark, City Clerk
The foregoing resolution is hereby approved this ~I 51
November
, 1995.
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~{qi~~ Mayor -
Ci ty of San Bernardino
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
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,95-392. ,/' ,
ST.t\YE OF Cf\L1FORNIA
STANDARD AGREEMENT
,5TO.2 lREV.5-91)
APPROVED BV THE
A HORNEV GENERAL
CONTRACT NUMBER
W957032
AM. NO.
TAXPAYEKS FEDERAl EMPLOYER IOENTlACATlON NLMBER
THIS AGREEMENT. mad~ and ~nt.:red into this 2nd day of Octanc:r , 1995, .-
in the State of California, by and between State of California, through its duly elected or appointed, qualified and acting
TITLE OF OFFICER ACTING FOR STATE
AGENCY
u
. State Univen(t
a
e ard'
, hereafter called the Slate, and
CONTRACfOR'S NAME
City of San Bernardino
, hereafter called the Contractor,
WITNESSETH: That the Contractor for and in consideration of the covenants. conditions. agreements, and stipulations of the State hereinafter expressed.
does herehy agree to furnish to the Stale servi..;es and mat.:rials as follows: (SetJonh service to be remlerell by Contractor, amOl4nl to be paid Comracwr, till/cJo/"
perJomwnce or completion, ami auach plmts and ;\^pecijications, ({any.)
Provision of traftic signal and redesign of traftic control at the intersection of Northpark Boulevard and Coyote Drive, San Bernardino,
California in accordance with the terms and conditions specified in Exhibit A, which is hereby incorporated into and made a part of this
Agreement.
University will pay city an amount not to exceed $47,000.00 for this service. Payment will be made in arrears, after completion of the
pr~ject and receipt of invoice by the Accounts Payahle Department, California State University, San Bernardino, 5500 University
Parkway, San Bernardino, CA 92407,
The attached Drug-Free Workplace Certitication is hereby incorporated into and made a part of this Agreement.
CONTINUED ON
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SHEETS. EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
....OVER...
Th~ IHlwision~ on lh~ rev~rs~ ~id~ h.:r~or ~nllslilut~ a pari ~)f this agr<:~lll~nl.
IN WITNESS WHEREOF, Ill_is ag_r~.<:~n~IHh~s_I~_~=-~_~X~~1I1<:d by th~ parl!~s h~r~l~l, 1Ilhllllh~ dal~ Ii!":;;l ahov~ writt~n^
STATE OF CALIFORNIA
CONTRACTOR
AGENCY Trustees of the California State University
./ ... .. .
CONTRACTOR (if (>th~r 1M" "" indi.,jd""t. srm~ whtth" " corpomn,m, ,.</rtnus!lip, rIC.)
of San Bernardino
IW(Al,
NAME AND TIT. PERSON Sll;:-<ING
Torn Minor, Mavor
,'''''",'.'' 300 North "0" Street
San Bernardino. Ca 92418
fUND HI"LE CSU Parking Department of General Services
Use Only
nrLE
Procurement and Su or! Services Ofticer
AMOllNT ENClIMBERED BY TillS PROGRAMI('ATEt;ORY (COllE ANUTO"I.EI
DOCUMENT
$47,000.00
(OI'TIONAI. llSEI
PRIOR AMOlINT ENCUMBERED FOR
TI liS CONTRAl."T
IYA^tE~H)l'N"r ENCI '~mEREIl TO
OHJEer 01' EXI'ENOrrUl<E (CODE AND TTrLE)
FISCAL YEAR
$
rrEM
$
I hereby certify upon my own personal knowledge that budgeted funds
are aVailable for the period and purpose of the expenditure stated above.
o
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CONTRACTOR
o
STAT[ AGENCY
o
DEPT. OF GEN. SER
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CONTROLLER
o
EXHIBIT "An
tlc j;t:?:
ST A T€ OF CA'i.IRYRNIA
STANDARD AGREEMENT
STC, 2 (REV. 5.911 (REVERSE)
1. The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees
from any and aU claims and losses accruing or resulting to any and aU contractors, subcontractors,
materialmen, laborers and any other person, finn or corporation furnishing or supplying work services,
materials or supplies in connection with the perfonnance of this contract, and from any and aU claims and
losses accruing or resulting to any person, finn or corporation who may be injured or damaged by the
Contractor in the perfonnance of this contract.
2, The Contractor, and the agents and employees of Contractor, in the performance of the agreement, shal1
act in an independent capacity and not as officers or employees or agents of Slate of California.
3. The State may terminate this agreement and be relieved of the payment of any consideration to Contractor
should Contractor fail to perfonn the covenants herein contained at the time and in the manner herein
provided, In the event of such termination the State may proceed with the work in any manner deemed
proper by the Slate, The cost to the Slate shall be deducted from any sum due the Contractor under his
agreement, and the balance, if "'lY shall be paid the Contractor upon demand.
4, Without the wrillen consent of the Slate, this ag=ment is not assignable by Contractor either in whole or
in part.
5. Time is of the essence in this agreement.
6, No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by
the parti~c; hereto. and no oral understanding or agreemtmt not incorporated. herein. shall be binding on any
of the parties hereto,
7. The consideration to be paid Contractor, as provid<d herein, shall he in compensation for all of
Contractor's expenses incurn::d in the performance herc:of. including travel and per diem. unl~ otherwise:
expressly to provid<d,
8. All contracts in excess of $10.000,00 will he suhjectto the examination and audit of the Auditor General
for a period of three years after linal payment under this contract.
9. By signing: of this contrdct. the Conrmctnr does SWdaf unuer penalty of perjury that no more than one tinal
unappealahle linding of contempt of court hy a Federal Court has been issued against Contractor within
the immc:Uiately precc::ding two-year period ~us~ of Contractor's tailure to comply with an order of a
Ft:uc:ral Cnurt which urd~11' Cuntmctor (0 comply with an order of the: National Lahor Relations Board.
10. Contractor's pertormance: will he: ~valuat~ hy the: Unive:rsity upon completion of the p~iec[ and a
Cuntrdct/Contnlctor Evaluation. SAD. Form 4. will he prepareu and retaindtl on tile for any contrdct in
exce........ of $10,000.00,
11. In addition to the right ()f the State to _~emlinare: for cause as provided under the tenns of paragraph 113 of
Standard Agreem~nt Form 2. either pany may terminate the agrec::ment without cauSt:: with thirty (30) day's
written notice.
12. COlltntl.:tllr agrees that the :'lw.mJing ueparune:nt or its delegatee willlmve the tight to review. ohtain and
~llrY all r~()rds.:p~r1aining to pert'm11OIOct: of the: contrdct. CuntrJctnr agre~ tu .provide the awarding
Jepanment or it"i Jdc:gatees :'ICI.:c:SS to it.s premises. upon re:.lsumthle notice. during norm..1 husiness hours
for the: pUrpose of interviewing emptoyee.... .lI1d insp~ting :1I\(.1 copying slIch h(Klks. records. accounts. and
llther material th.lr may he relevant to ;1 matter under investigation tor the purpose of determining
~umpliancd with Puhli~ Contract Cooe S~tinn 10115 dt. :-;~. Contrdctor furth~r agr=s to maintain such
r~nrds for a )1drind of tllred <J) Y~:'lrs after timtl payment \mu~r this contmct.
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California State Univt'rsity,
San Bernardino
W957032
City of San Bernardino
Installation of Trallie Signal
EXHIBIT A
SPECIAL TERMS AND CONDITIONS
For the mutual benefit of the communities of the City of San Bernardino, hereafter called "City",
and California State University, San Bernardino, hereafter called "University", City and
University agree to cooperatively plan, design, and construct improvements to the intersection of
Northpark Boulevard, a City street, and Coyote Drive, a roadway located on the campus of the
University, as shown on drawing of Exhibit A, This construction shall include the redesign and
construction of traffic lanes, center median, and installation of a traffic signal,
In support of this program, University will:
. Design, construct, inspect, and provide all project management service for
improvements to the center median and four lanes which access the University and
the referenced intersection. Prior to commencement of the project, University will
submit plans and specifications to the City for approval of the portions of the
project which adjoin or are on Northpark Boulevard.
. Pay for one-half the construction cost of the installation of the signal. The total
estimated cost is $90,000; based on this amount, University's estimated cost is
$45,000.
. Upon expiration of warranty, pay $2,000. for the first year of maintenance sef\~ce
for the traffic signal. Continuing support of the maintenance service will be
provided on subsequent multi-year agreements,
In support of this program, City will:
. pro\~de necessary building permits and inspection of work for the entire scope of
the projects which adjoin or are on Northpark Boulevard,
. Design, construct, inspect, and provide all project management sef\~ces for the
installation of the traffic signal.
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San B tate
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STATE OF CALIFORNIA
DRUG-FREE WORKPLACE CERTIFICATION
STD. 21 (New 11.90)
COMPANY/ORGANIZATION NAME
CITY OF SAN BERNARDIDNO
The Contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in
matters relating to providing a drug-free workplace. The above names contractor will:
1 . Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession.
or use of a controlled substance is prohibited and specifying actions to be taken against employees for
violations, as required by Government Code Section 8355(a).
2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355 (b), to inform
employees about all of the following:
(a) The dangers of drug abuse in the workplace;
(b) The person's or organization's policy of maintaining a drug-free workplace,
(c) Any available counseling, rehabilitation and employee assistance programs, and
(d) Penalties that may be imposed upon employees for drug abuse violations.
3. Provide as required by Government Code Section 8335(cl that every employee who works on the proposed
contract or grant:
(a) Will receive a copy of the company's drug-free policy statement, and
(b) Will agree to abide by the terms of the company's statement as a condition of employment on the
contract or grant.
CERTIFICATION
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the above
described certification. I am fully aware that this certification, executed on the date and in the county below, is made under
penalty of perjury under the laws of the State of California.
~ In
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OFFICIAL'S NAME
/--- if - C; {,
DATEEXE9JIED ~ "-
----;-- ~ ~ /' ~
Cllt.lTRA.2TOR or aRA RECIPIENT SIGNATURE
-//1 flj('-""
TITLE
EXECUTED IN THE COUNTY OF
~Y\ &rnarv/;/~I)
FEDERAL I.D, NUMBER