HomeMy WebLinkAbout42-Public Works
. en-v OF SAtI .....110 /Pt........ ?OI{COUltClL ACTION
From:
n~"'O -J,inHH OFF. Authorization to Execute Al)ree-
ROGER G. HARDGRAVE ::.1. . . Subject: ment with San Bernardino Com-
. . I~~~ n:'l \ 3 ~" S ;n munity Colleqe District - Con-
Pub11c Works/Eng1nee~~' struction of Landscaped Median
& Maint. of Irrigation & Land-
6-07-90 scaping Nt. Vernon Avenue,
NnP+h n~ C~Aft+ av~nn.
Dept:
Date:
Synopsis of Previous Council ection:
None.
Recommended motion:
Adopt resolution.
cc: Marshall Julian
Jim Penman
Andy .GJ:.een
Annie Ramos
Norman D. Smith,
San Bernardino Com. College Dist.
ContllCt person:
SuPportillll d8ta .u*Ched:
'FUNDING REQUIREMENTS:
Gene R. Klatt
~tarr _port
Resolution, Agreement
Phone:
5125
3
Ward:
Amoum: $500/Year
001-382-53203(Main.Mtrls),
Source: (Acct. No.) 53217 (Horticultural Sunn).
53402 (Electricity), 53404
IAcct. DescriDtion)
(Irrig.
53204 (Mtrls)
(Water)
Park Maintenance
Finance:
~,:J~
Council N01lll:
75-0262
Agenda Item No
t'~
. CITy OF MIl ...&... - RBQUUT & COUNCIL ACTION
STAFF REPORT
The MAC Foundation has undertaken a program to install
monument signs at the major entrances to the City, as a part of
their beautification efforts. Locations for these signs have
been identified at Foothill Boulevard and Pepper Avenue, .and on
Waterman Avenue, north of Arrowhead Road. MAC has a third sign,
which is to be installed in Mt. Vernon Avenue, north of Grant
Avenue.
A curbed median has been constructed to provide
protection for the sign to be installed in Mt. Vernon Avenue.
An irrigation system landscaping has been installed in this
median.
San Bernardino Community College District is willing to
provide the necessary maintenance for the irrigation system and
landscaping, since the median is in the proximity of their
campus.
The proposed Agreement provides, in general, that the
College will perform weeding, pruning, checking and adjusting
the irrigation system, and trash pick-up. Also, that the City
will replace plants damaged by acts of God, vandalism or
accident and provide electricity and water.
The estimated annual cost to the City is $500.00. These
funds will be financed from Account No. 001-382-53203, (Main
Mtrls), 53204 (Irrigation Mtrls), 53217 (Horticultural Supp),
53402 (Electricity), and 53404 (Water).
Under the terms of this proposed Agreement, the City
will retain the right of general supervision of the work, but
the College will provide direct supervision of their employees
that work on this project.
We recommend that this Agreement be approved.
06-07-90
75.0264
. -.,.",.. '.
19
20
21
22
23
24
25
26
27
28
.
o
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO COMMUNITY COLLEGE
3 DISTRICT, RELATING TO THE PROVISION OF LANDSCAPE MAINTENANCE
ACTIVITIES FOR CITY MONUMENT SIGN ISLAND IN MT. VERNON AVENUE
4 NEAR VALLEY COLLEGE.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
6
7
SECTION 1. The Mayor of the City of San Bernardino is
8
9
hereby authorized and directed to execute, on behalf of said
City, an agreement with the San Bernardino Conununity College
10
District, relating to the provision of landscape maintenance
11
activites for City monument sign in Mt. Vernon Avenue, near
12
Valley College, which agreement is attached hereto, marked
1~
Exhibit "A" and incorporated herein by reference as fully as
14
though set forth at length.
SECTION 2. The agreement shall not take effect until
fully signed and executed by both parties. The City shall not be
15
16.
17
obligated hereunder unless and until the agreement is fully
executed and no oral agreement relating thereto shall be implied
18
or authorized.
SECTION 3. This resolution is rescinded if the parties
to the agreement fail to execute it within sixty (60) days of the
passage of this resolution.
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
6-07-90
GRK:rs
.. ...~.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESO:
AUTjili.RIZING EXECUTION OF AGRE~T WITH SAN BERNARDINO
CO~ITY COLLEGE DISTRICT R~ING TO CITY MONUMENT
SIGN.
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3
Bernardino at a
meeting thereof, held on the
4
day of
, 1990, by the following vote, to-
5 wit:
6
Council Members:
AYES
NAYS
ABSTAIN
7 ESTRADA
8 REILLY
9 FLORES
10 MAUDSLEY
11 MINOR
12 POPE-LUDLAM
13 MILLER
City Clerk
The foregoing resolution is hereby approved this
day of
, 1990.
Approved as to form
and legal content:
W. R. Holcomb, Mayor
Ci ty of San Bernardino
James F. Penman
City Attorney
"
6-07-90
- 2 -
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
o
o
AGREBMInr1'
THIS AGREBMInr1' is made and entered into this
day of
, 1990, by and between the CITY OF SAN
BERNARDINO, California, a mun1cipal corporation, hereinafter
referred to as the "CITY", and the SAN BERNARDINO COMMUNITY
COLLEGE DISTRICT, hereinafter referred to as "DISTRICT".
WIT N E SSE T H
WHEREAS, the CITY and DISTRICT desire to improve the image
of the community; and
WHEREAS, the construction of a raised median island in Mt.
Vernon Avenue will provide for the installation of a CITY
monument entrance sign which will improve such image; and
WHEREAS, the CITY proposes to provide and install
landscaping, landscape irrigation and electrical service to the
median area; and
WHBREAS, the DISTRICT proposes to maintain such
landscaping in a neat and attractive manner upon the terms and
conditions as hereinafter set forth.
NOW THEREFORE, for a valuable consideration, receipt of
which is hereby acknowledged, it is mutually agreed as follows:
AS TO CITY:
1.
The CITY shall provide for the construction of the
raised median, all necessary pavement removal and replacement,
foundation for monument sign, monument sign, electrical service,
water service and irrigation controller, irrigation system and
plant material in accordance with the plan approved by CITY.
III
III
JFW/bg [District.Agr] 1
June 20, 1990
. .
.
o
1
2.
During the term of the Agreement, the CITY shall, upon
2 notice from DISTRICT and as otherwise may be determined to be
3 necessary, replace plants damaged by acts of God, vandalism or
4 accident and as is required for seasonal variations. The City
5 shall provide all electrical energy and water needed for the
6 proper maintenance of the median.
7 AS TO DISTRICT:
8
1.
The DISTRICT shall provide for the weeding, pruning,
9 irrigation check and adjustment, trash pick-up and other normal
10
maintenance activities associated with the maintenance of an
11 attractive, well-groomed landscape area.
12
2.
The DIS'l'RICT will provide minor repair to irrigation
13 system sprinkler heads and risers and shall notify CITY of any
14 damage that the DISTRICT cannot repair.
15
3.
The DISTRICT may, with approval of the CITY, install
16 landscape color plants or seasonal variations if the DISTRICT
17 desires an enhanced look of the planter area.
18 It is mutually agreed as follows:
19
20
A.
SUPERVISION
The Director of Public Works of CITY, or his designee,
21 shall have the right of general supervision over all work and
22
shall be CITY'S agent.
The Director or his designee shall
23 consult with the San Bernardino Community College District
24 Director of Maintenance and Operations as it relates to DISTRICT
25 personnel, work performed by the DISTRICT Staff as it concerns
26 the maintenance of the landscape or irrigation system of the
27 median island.
28 III
JFW/bg [District.Agr] 2
June 20, 1990
. .
1
2
o
o
B.
TERMINATION 9P AGRBBMBNT
This Agreement may be terminated by either party without
3 cause upon thirty (30) days prior written notice to the other
4
5
6
7
8
9
10
11
mailed to the address set forth herein.
C.
INDEPBHDBNT CONTRACTOR
DISTRICT shall act as an independent contractor in the
performance of the services provided for under this Agreement.
DISTRICT shall furnish such services in its own manner and in no
respect shall it be considered an agent or employee of CITY.
D.
NOTICES
All official notices relative to this Agreement shall be in
12 writing and addressed to the following representatives of
13
14
15
16
17
18
19
DISTRICT and CITY:
DISTRICT
gn
Mr. Roger Hardgrave
Director of Public Works/
City Engineer
300 North "D" Street
San Bernardino, CA 92418
E.
BOLD lU.VIIT.lI!SS CLAOSE
DISTRICT hereby agrees to hold CITY, its elective and
20 appointive boards, officers, and employees harmless from any
21 liability for damage or claims for damage for personal injury
22 including death, as well as from claims for property damage,
23 which may arise from DISTRICT'S active or passive negligent acts,
24 errors or omission under this Agreement.
25
26
F.
INDEMlIIITY
DISTRICT shall indemnify, defend and hold harmless CITY
27 from and against any and all claims, demands, suits, actions,
28 proceedings, judgments, losses, damages, injuries, penalties,
JFW/bg [District.Agr] 3
June 20, 1990
. .
.
o
1 costs, expenses (including attorney's fees) and liabilities, of,
2 by, or with respect to third parties, which arise solely from
3 DISTRICT'S negligent performance, either active or passive, of
4 services under this Agreement. DISTRICT shall not be responsible
5 for, and CITY shall indemnify, defend and hold harmless DISTRICT
6 from and against any and all claims, demands, suits, actions,
7 proceedings, judgments, losses, damages, injuries, penalties,
8 costs, expenses (including attorney's fees) and liabilities of,
9 by or with respect to third parties, which arise solely from the
10
CITY'S active negligence.
with respect to any and all claims,
11 demands, suits, actions, proceedings, judgments, losses, damages,
12 injuries, penalties, costs, expenses (including attorney's fees)
13 and liabilities of, by or with respect to third parties, which
14 arise from the joint or concurrent negligence of DISTRICT and
15 CITY, each party shall assume responsibility in proportion to the
16 degree of its respective fault.
17
18
G.
VALIDITY
Should any provision herein be found or deemed to be
19 invalid, this Agreement shall be construed as not containing such
20 provision, and all other provisions which are otherwise lawful
21 shall remain in full force and effect, and to this end the
22 provisions of this Agreement are declared to be severable.
23
24
B.
BR'l'IRE AGREBMBNT
This Agreement represents the entire and integrated
25 agreement between the parties hereto and supercedes all prior and
26 contemporaneous negotiations, representations, understandings and
27 agreements, whether written or oral, with respect to the subject
28 III
JFW/bg [District.Agr] 4
June 20, 1990
., .
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
Agreement be~en City of San Bernardinoad San Bernardino
Community Co~ge District
matter thereof.
This Agreement may be amended only by written
instrument signed by both parties.
IN AGRBBMBRT WHEREOF, the parties hereto have caused this
Agreement to be executed on the date written above by their duly
authorized officers on their behalf.
ATTEST:
SAN BERNARDINO COMMUNITY
COLLEGE DISTRICT ("DISTRICT")
By:
CITY CLERK
, President
Approved as to form
and legal content:
CITY OF SAN BERNARDINO,
A Municipal Corporation ("CITY")
JAMES
City
F. PENMAN,
ttorney . ~
By:
W.R. Holcomb, Mayor
JFW/bg [District.Agr] 5
June 20, 1990