HomeMy WebLinkAboutS03-City Administrator
-
CITY'OF SAN BE.GARDINO -
REQUESOOR COUNCIL ACTION
Dept:
Dau: July 9, 1991
Su~~t:Agreement with Omnitrans relating
to installation of transit furnit-
ure and related amenities at
downtown bus stops.
From: FRED WILSON
Asst. City Administrator
Synopsis of Previous Council ~ion:
March 11, 1991 __ Resolution 91-65 adopted authorizing agreement for
installation of transit furniture at downtown bus
stops. Agreement later rescinded as it was not
executed with 60 days of passage of resolution.
R~ommended motion:
Adopt resolution.
Contact person:
Fred Wilson
Phone: 5124
Supporting data attaehed:
FUNDING REQUIREMENTS:
yes
Ward:
Amount:
Source: (Acct, No.1
(Acct, Descriotion I
Finance:
Council Notes:
^..............~ I+am Nn
5-3
CITY OF SAN BERIORDINO - REQUEST CYR COUNCIL ACTION
STAFF REPORT
Attached is a proposed agreement with amnitrans relative to
the installation and maintenance of a "transit mall" along
4th street between Arrowhead Avenue and "F" street. This
agreement was originally approved by the Mayor and council at
their March 11, 1991 meeting.
On March 20, 1991, the city Clerk submitted to amnitrans the
original agreement for execution, indicating that the city
required that, the Agreement be executed,within sixty days of
adoption of the Resolution. On"May 6,' 1991, an original
agreement and two copies of an agreement was executed by the
Chairman of amnitrans. However, the agreement was not the
original agreement which was on the March 11, 1991, council
Agenda. The Agreement provided appeared. to have been
amended.
Since this was not the original agreement the Mayor and
council approved and since amnitrans failed to execute the
document within the required 60 day period, it was rescinded.
The attached agreement which is recommended for Mayor and
council adoption, is the original document with the addition
of the following statement in Section 4 (c):
"Removal and/or relocation of benches and shelters
within the Project Area for purpose of city convenience
shall only be made on minimum thirty (30) days' written
notification to amnitrans."
mall
Administrator
o
o
EXHIBIT "A"
The Transit Mall is essentially a clustering of lighted
transit shelters with bench seating which will be situated
along 4th street. Also proposed as part of this agreement
are bus bench upgrades in the Main street Project Area which
is bounded by sixth street, Second street, Arrowhead Avenue
and 1-215.
The Transportation Committee considered this proposal at
their September 14, 1989 meeting and was supportive of the
concept. Main Street and omnitrans have been coordinating
implementation in conjunction with the streetscape Program.
The agreement calls for Omnitrans to install and maintain at
its own expense a maximum of 60 shelters/benches at
designated bus stops which may include:
A lighted transit
passenger seating.
shelter with
"flip seat"
A lighted transit shelter with railroad bench
seating.
Railroad bench seating only.
"Flip seat" seating only.
The city will have the right of design review and approval on
all designs of shelters and street furniture installed.
omnitrans will be responsible for the maintenance, repair,
cleaning and servicing of the shelters and passenger
amenities including grafitti abatement. The city will be
responsible for providing electrical power to each of the
shelters and trash pick-up a minimum of 2 times per week at
each location. omnitrans has estimated the cost for
electrical service to the shelters at approximately $3400
annually. The refuse collection will be absorbed by the
Refuse Department.
The agreement further allows omnitrans to remove specific
shelters in the event of chronic vandalism. An information
report from omnitrans is provided which details the Transit
Mall and addresses implementation issues.
- - ~-i -
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
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH OMNITRANS, A JOINT POWERS
AUTHORITY, AND SAN BERNARDINO DOWNTOWN MAIN STREET, INC., A NON-
PROFIT CORPORATION, RELATING TO THE INSTALLATION, MAINTENANCE, AND
TYPE OF TRANSIT FURNITURE AND RELATED AMENITIES AT DOWNTOWN SAN
BERNARDINO BUS STOPS.
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 to execute on behalf of said City an Agreement
with Omnitrans, a joint powers authority, relating to the
installation, maintenance and type of transit furniture .and
related amenities at downtown San Bernardino bus stops, a copy of
which is attached hereto, marked Exhibit "A" and incorporated
herein by reference as though fully set forth at length.
SECTION 2.
The authorization to execute the above-
referenced Agreement is rescinded if the parties to the Agreement
fail to execute it within sixty (60) days of the passage of this
Resolution.
SECTION 3.
Resolution No. 91-65 is hereby formally
rescinded.
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
, 1991, by the following vote, to wit:
day of
III
III
III
III
III
DAB/bg [BusStop.Res]
1
June 28, 1991
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
c
o
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH OMNITRANS, A JOINT POWERS
AUTHORITY, AND SAN BERNARDINO DOWNTOWN MAIN STREET, INC., A NON-
PROFIT CORPORATION, RELATING TO THE INSTALLATION, MAINTENANCE, AND
TYPE OF TRANSIT FURNITURE AND RELATED AMENITIES AT DOWNTOWN SAN
BERNARDINO BUS STOPS.
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
of
The foregoing Resolution is hereby approved this
, 1991.
day
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
"
DAB/bg [BusStop.Res]
2
June 28, 1991
o
o
1 AGREEMENT
2 THIS AGREEMENT, made and entered into this day
.3 of 1991 by and between the CITY OF SAN
4 BERNARDINO, a Municipal Corporation, 300 North "D" Street, San
5 Bernardino, California 92418 (herein referred to as "City"), SAN
6 BERNARDINO DOWNTOWN MAIN STREET, INC., a California Non-Profit
7 Corporation, 290 North "D" Street, Suite 602, San Bernardino,
8 California 92418 (herein referred to as "Main Street"), and
9 OMNITRANS, a Joint Powers Authority, 1700 West Fifth street, San
10 Bernardino, California 92411.
11 WITNESSETH:
12 WHEREAS, the parties recognize that upgraded, well-
13 maintained bus stops in downtown San Bernardino are essential to
14 the benefit of City residents, the City business community and
15 transit riders regionwide; and,
16 WHEREAS, the parties wish to coordinate the installation,
17 maintenance, and type of transit furniture and related amenities
18 at downtown San Bernardino bus stops; and,
19 WHEREAS, the parties recognize that downtown San Bernardino
20 (hereafter referred to as the "Project Area"), shall be defined as
21 that area of San Bernardino contained within, and bounded by Sixth
22 Street, Second Street, Arrowhead, and the Interstate 215 Freeway;
23 NOW THEREFORE, the parties hereto agree as follows:
24 1. Right to Construct.
25 A. City hereby grants Omnitrans, on the terms
26 hereinafter described, the right to construct, erect, install,
27 repair, maintain and insure at its sole expense one or more of the
28 following at designated bus stops within the Project Area:
DAB/bg [BusStop.Agr] 1 June 28, 1991
".._.~_.
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
* Lighted Transit Shelter with "Flip-seat"
passenger seating.
* Lighted Transit Shelter with Railroad bench
seating.
* Railroad bench seating only.
* "Flip-seat" seating only.
B. City shall have right of design review and
approval of all designs of shelters and street furniture
installed. Copies of shelter plans shall be placed on file with
the City. Any design changes on the shelters shall be submitted
for City's written approval thirty (30) days prior to installation
and no changes are allowed without this approval.
C. Quantities of shelters and benches to be placed at
any individual stop shall be determined by Omnitrans. The initial
quantity of shelters to be placed in the Project Area is set at 53
units, and shall not exceed 60 units without consent of both the
Ci ty and Omni trans. The total quantity of benches to be installed
by Omnitrans shall be determined at its sole discretion.
D. Shelters and street furniture shall be installed
so as to maintain standard handicap access and shall not create a
sight restriction for a vehicle traveling on an intersecting
street or driveway.
2. Omnitrans Services.
A. At its sole cost and expense, Omnitrans shall
maintain, repair, clean and service the shelters and passenger
amenities as well as the perimeter area immediately surrounding
each bus stop.
III
DAB/bg [BusStop.Agr]
2
June 28, 1991
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
B. Omnitrans shall provide a minimum of one trash
container at each stop within the project area.
C. Omnitrans shall respond within 24
notification for purpose of graffiti abatement
maintenance needs.
o. Omnitrans will provide electrical connections at
its sole cost and expense to shelter locations falling outside of
the Phase I Main street Streetscape project Area. The Phase I
Main street Streetscape project Area is defined as that area of
downtown San Bernardino surrounded by Arrowhead, "E" Street,
Second Street, and "0" Streets, plus the corner of Fourth and "F"
Street, Northwest. It is understood by all parties that Main
Street will provide electrical conduit to Omnitrans shelters sited
within its Streetscape project Area.
3. City Services.
A. At its sole cost and expense, City shall provide
electrical power to each Omni trans shelter wi thin the proj ect
Area.
hours of
or other
B. City shall provide trash pick-up at each bus
shelter location within the Project Area. Pick-ups shall be made
a minimum of two (2) times per week and more frequently if
necessary. Trash pick-ups shall be provided at no expense to
Omnitrans.
C. The City shall issue a one-time blanket permit at
no cost to Omnitrans, valid for construction of shelters as
specified under this Agreement. It is understood that the city
will require no permit fees for construction and/or relocation of
additional or existing shelters as provided for under this
OAB/bg [BusStop.Agr] 3 June 28, 1991
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
Agreement. The City shall require specific site approval for each
new shelter installed or existing shelter relocated.
4. Shelter Removal.
A. Omnitrans may remove any shelter, bench or
passenger amenity for purpose of convenience or in the event of
chronic vandalism. Chronic vandalism is damage inflicted to an
amenity during any six (6) month period which requires cumulative
expenditures for replacement and repair that exceed the original
cost of construction and installation. Cost of removal of such
amenities and site restoration will be at Omnitrans' sole expense.
B. In the event of chronic vandalism or inadequate
maintenance, the City shall have the right on thirty (30) days
wri tten request to Omni trans to request that Omni trans remove
specific shelters or other amenities, and if Omnitrans declines or
fails to do so, City will remove specific shelters or other
amenities and Omnitrans will assume the cost of removal and site
restoration.
C. The City shall reimburse Omnitrans for all costs
associated with bus shelter or bench removal, relocation and site
restoration when that removal is required for purpose of City
convenience. City convenience shall not include compliance with
existing applicable codes, laws, statutes and other regulations
but shall include compliance with new City enacted codes, laws,
statutes and other regulations. Removal and lor relocation of
benches and shelters within the Project Area for purpose of City
convenience shall only be made on minimum thirty (30) days'
written notification to Omnitrans.
III
DAB/bg [Busstop.Agr]
4
June 28, 1991
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
5. !!!E!!.
.
This Agreement shall continue until terminated by any
party or in the event that amenities are sold or assigned by
Ornnitrans to a third party.
6. Amendment.
This Agreement may be amended by any party upon mutual
written consent to the proposed change.
7. Termination.
This Agreement may be terminated by any party by giving
written notice to the other two parties not less than thirty (30)
days prior to termination. If termination is requested by
Ornnitrans, then removal of amenities shall be made as addressed in
paragraph 4(A). If termination is requested by the City, then
removal shall be made as addressed in Paragraph 4(C).
8. Indemnification, Hold Harmless and Insurance.
A. All parties hereby agree to indemnify, defend and
hold harmless the other parties and their officers and employees
against all liabilities or loss (including reasonable attorney's
fees, related costs and expenses incurred by either outside
counselor staff counsel) because of death, personal injury or
propert~ damage arising or resulting from the fault or negligence
of the indemnifying party in its operations under this Agreement.
B. All parties shall maintain policies of general
liability insurance or self insurance certificates in form and
amount acceptable to the other parties. Each policy will name the
non-procuring parties as additional insureds. All parties shall
maintain the policies in full force and effect during the term of
this Agreement.
DAB/bg [Busstop.Agr] 5 June 28, 1991
1
2
3
4
5
6
7
8
9
10
..-
o
o
9.
Representatives and Notices.
The General Manager shall represent Omnitrans for this
Agreement.
The Executive Director shall represent Main street for
this Agreement.
The City Administrator shall represent the City for
this Agreement.
Notices sent by one party to the other shall be
personally delivered or sent by U.S. Mail, postage prepaid, to the
11 For ODIni trans:
following addresses:
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
General Manager
ODInitrans
1700 West Fifth Street
San Bernardino, CA 92411
For Main Street, Inc.:
Executive Director
290 North "0" Street
San Bernardino, CA 92418
For City:
City Administrator
CITY OF SAN BERNARDINO
300 North "0" Street
San Bernardino, CA 92418
10.
Subcontractors.
subcontracting by either Omni trans or the City shall be
allowed
under this Agreement.
Each party shall be fully
responsible for the performance of any and all subcontractors.
11. Equal Opportunity.
A. By signing this Agreement, the parties certify
that they do not discriminate against any employee or applicant
for employment because of race, color, creed, religion, sex,
marital status, national origin, ancestry, physical handicap or
medical condition.
III
DAB/bg [BusStop.Agr]
6
June 28, 1991
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
1
~
o
o
B. The parties agree that each and its subcontractors
will follow all applicable portions of the Immigration Reform and
Control Act of 1986.
12. Governing Law.
This Agreement is governed by the laws of the state of
California.
13. Entire Agreement:
This Agreement is the entire understanding of the
parties, and there are no other conditions, oral or written,
controlling this matter.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and date first above shown.
ATTEST:
CITY OF SAN BERNARDINO
By:
W.R. Holcomb, Mayor
City of San Bernardino
City Clerk
OMNITRANS
By:
Approved as to form
and legal content:
MAIN STREET, INC.
F. PENMAN,
ttorney
1
7- (.-
By:
Ann Harris
Executive Director
DAB/bg [Busstop.Agr]
7
June 28, 1991