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HomeMy WebLinkAbout34-Public Works CITY OF SAN BERDRDINO - REQUEST~~o~~~~CIL ACTION rom: ROGER G. HARDGRAVE Authorization to Execute Standard Subject: Agreement with California State University Maintenance and Operation of Traffic Signals at University Parkway & Northpark Blvd. .)ept: Public Works/Engineering Date: 6-01-92 Synopsis of Previous Council action: 10-19-87 --Offer from California State University-San Bernardino, to participate in the cost of installing traffic signals, in the amount of $50,000 accepted. 03-07-88 --Resolution No. 88-73 adopted, authorizing execution of Standard Agreement with California State Uni versi ty-San Bernardino, relative to payment of the $50,000 as parti- cipation in the traffic signals. 11-21-88 --Resolution No. 88-444 adopted, authorizing execution of an Agreement with the California State University San Bernardino, granting a right-of-entry for installation of traffic signal equipment. 06-19-89 --Resolution No. 89-191 adopted, authorizing execution of a standard agreement with California State University - San Bernardino, relative to maintenance & operation of the traffic signals. Recommended motion: Adopt resolution. cc: Shauna Clark Jim Penman Carol Crump Contact person: Roqer G. Hardqrave Staff Report, Aqreement & Resolution Phone: 5025 Supporting data attached: Ward: 5 FUNDING REOUIREMENTS: Amount: N/A Source: (Acct, No,) (Acct, Descriotionl Finance: Council Notes: 7 <;;.n.,F.? ~L/ :'TY' OF SAN BER~RD'NO - REQUEST OR COUNCIL ACTION STAFF REPORT The City entered into a Standard Agreement with the California State University - San Bernardino relative to the maintenance and operation of the traffic signals at University Parkway and Northpark Boulevard, in June, 1989. The term of this agreement was 3 years. This agreement provided, in general, that maintain and operate the traffic signals, University would pay the City $1,000 per year, share (25% of the estimated cost). the City would and that the as their fair A request has been received from the University for the attached Standard Agreement to be approved, to extend the provisions for maintenance and operation of these traffic signals for another 5 years, from 7-1-92 to 6-30-97. The University's share will remain at $1,000 per year, plus 25% of unexpected costs. We recommend that the Standard Agreement be approved. 6-01-92 ..0264 r' v ..... 1 2 3 4 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CALIFORNIA STATE UNIVERSITY RELATING TO THE MAINTENANCE AND OPERATION OF TRAFFIC SIGNALS AT THE INTERSECTION OF UNIVERSITY PARKWAY AND NORTHPARK BOULEVARD. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute, on behalf of said 8 9 10 11 12 13 14 City, an agreement with California State University San Bernardino, relating to the maintenance and operation of traffic signals, and appurtenant facilities at University Parkway and Northpark Boulevard, which 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 modifica- 15 tions thereto shall not take effect or become operative until 16 fully signed and executed by both parties. The City shall not be 17 obligated hereunder unless and until the agreement is fully 18 executed and no oral agreement relating thereto shall be implied 19 or authorized. 20 SECTION 3. This resolution is rescinded if the parties 21 22 23 24 25 26 27 28 to the agreement fail to execute it within sixty (60) days of the passage of this resolution. / / / / / / / / / / / / / / / / / / / / / / / / 6-1-92 RESO: AUTI;J.O,RIZING EXECUTION OF AGREEfl'J;;NT WITH CALIFORNIA STATE UNIl~_",~SITY - SAN BERNARDINO I iATING TO MAINTENANCE AND OPERATION OF TRAFFIC SIGNALS. ., 1 2 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Conunon Council of the City of San Bernardino at a meeting thereof, held on the day of , 1992, by the following vote, to-wit: 5 Council Members: AYES NAYS ABSTAIN ABSENT 6 ESTRADA 7 REILLY 8 HERNANDEZ 9 MAUDSLEY 10 MINOR 11 POPE-LUDLAM 12 MILLER 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Rachel Krasney, City Clerk The foregoing resolution is hereby approved this day of , 1992. W. R. Holcomb, Mayor Ci ty of San Bernardino Approved as to form and legal content: James F. Penman City Attorney - 2 - 0'" .tSTAtE OF CA..ir~NiA STAN"DAFtD AGREEMENT- :;~~:~~:~~:AL STD. 2 (REV.5-Sl1) ,"" , -- EXHIBIT -A- CONTRAcT NUMBER AM. NO. TAXPAVERS FEDERAL EWPLOYEA IDENTIFICATION HUMBER TIllS AGREEMENT, made ondenlered inlO this 13th day of May ,19~, in the State of Calif'!.lllia, by ond belween Stale of California. through its duly el""ted or appointed. qualified and acting Trustees of the California State Universit TITLE OF OFFICER ACTING FOR STATE AGENCY Procurement & Support Services CONTRACTOR'S NAME CITY OF SAN BERNARDINO ,hereafter called the Contractor, WITNESSETH: ThaI the Contractor for and in consideration of the covenonts, conditions, agreements, and stipulations of the State hereinafter expressed, does hereby agree 10 furnish to the State services and materials as follows: (Set forth service to be rendered by COlllractor, amount to be paid COlllractor, lime for petfor..,,,,ce or completion, ond altaclt pltms and speciflCatiOllS, if fJ1lY.) California State University , hereafter called the Stale, ond ~ity will maintain and operate traffic signals at University Parkway and ~orthpark Boulevard, bearing all costs necessary for such maintenance and operation, [n support of these services, State will pay City the sum of $1,000.00 per year. Chis payment will be made in arrears, on a quarterly basis, upon receipt of an cnvoice from the City by the Accounting Office, California State University, ;an Bernardino, 5500 University Parkway, San Bernardino, CA 92407-2397, In tddition to this fixed service fee, State will pay 25' of the unexpected cost )f replacing a malfunctioning traffic signal controller and/or 25' of the cost )f repair to a signal standard or controller which is destroyed by a traffic lccident for which the damage could not be recovered from the driver. "his agreement will CODDDence on July I,. 1992 and will terminate on June 30, 1997, ~t which time the service fee will be renegotiated, :ontinuation of this agreement is subject to appropriation of funds by the egislature of the State of California ;ONTlNUED ON 1 SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. --- 0 V E R ..- The provisions on the reverse side hereof c:onstitute . pan of this IpcclllCJlL N WITNESS WHEREOF. this agreemenl has been executed by the ponies hereto. upon the date ftnl above written. STATE OF CALIFORNIA CONTRACTOR GE~YTrustees of the California State University alifornia State U~versity, San Bernardino TlJAE) l.v'- I . It /1 CONTRACTOR iN.,.,.,.,... irIrIMcfuAI.""'"""",. ~,.""..". etc.) City of San Bernardino BV (NJTNORI2ED S_1lJRE1 t> :TAL AMOUNT ENCUMBERED TO .TE i "E . PRWlCD NAIIE AND TITLE 01' PEASON SIClN"G W. R. Holcomb Ma or ADDRESS 300 North "D" St, San Bernardino, CA 92418 FUND mt.E General ~~ ,. -' TLE Procurement and Support Services Officer .4OUNT ENCUMBERED BY THIS PAOGRAMlCATEGOAY (CODE AND TITLE) )CUMENT $ 5 000,00 nOR AMOUNT ENCUMBERED FOR jlS CONTRACT (OPTIONAl. USE) 0000009080 $ 1TE1I FISCAL VElA , hereby ClNIiIy upon my own psrsonat ~. ""t budg.ted funds "..vaiia . .ndpurpossolrh.~lutrJsrated_. iNATU N1 FICER =:J CONTRACTOR o STATE AGENCY n DEPT. OF GEN. SEA. n CONTROLLeR n STANDARD AGREEMENT r" :iT:::; ;> !REIJ. ~ 91\ F~E '.~SEJ \.......-' ~ -t::'i 'Y' --",' ,.."'" ....J - 1. tractor agrees to indemnify, defend and save harmless the State, it\ offieers, agents and e fronl any an losses accruing or resulting to any and all co , , . ontrartors~ materialmen,laborers and any other r r' , mg or suppl~.inll work senices, materials or supplies in l'llnnection with th ceo t I om any and ;111 claims and losses accruing or resul . ~ crson, firm or corporation who may be injure or Cont ' performance of this contract. ., 2. The Contractor, and Ihe agents and emplo~'ees of Contractor. in the performance of the a~r<'ement. shall act in all independent capacit~, and not as ..rticers or employees or agent\ of State of California. 3. The State may terminate this agreement and be relieved oflhe paymentofan,- consideration to Contractor should Contruetor rail to perform the co\'enants herein contained at the time and in the man""r herein provided. In the event or soch termination the State may proceed with the work in any manner deemed proper b)' the State. The cost to the State shall he deducted from any sum due the Contractor under this agreement, and the bal;llI(('. if an~, shall he paid the Contractor upon demand. 01, Without the written consent of the State. lhis agreement is not assignable by Contractor either in whole or in part. 5, Time is of the essence in thb agreement. 6. No alteration or \'ariation or the terms of this contract shall be valid unless madt" in ",riting and sj~ned by the parties hereto, and no ..ral ond..-st;mding or agreement not incorporated herein, shall be binding on an). of the parties herel... ,. The considt'ration to be paid Contrm~tort as provided herein, shall be in compensation for all of Contractor's expenses in('urrcd in th~ performance hereof, including tran'l and per diem, unless otherwise exprcs.sly so provided. 8. All contracts in excess of $10,000,00 will be subject to the examination and audit of the ~uditor General for a period of three years after final payment under this contract, 9, By signing of this contract, the Contr~ctor does swear under penalty of perjury that no more than one final unappealable finding of contempt of court by a Federal Court has been issued against contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal Court which orders Contractor to comply with an order of the National Labor Relations Board, 10. Contractor's, performance will be evaluated by the University upon completion of .the project and a Contract/Contractor Evalu- ation, Std, Form.4, will be prepared and retained on file for any c~ract in exc~ss of $5,000.00. 91 el014 " .-.. v '-' Standard Agreement #W 927001 City of San Bernardino Page 1 of 1 Pages No officer or employee of the City shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by City under or in connection with any work, authority or jurisdiction not delegated to the City under this agreement. It is also agreed that, pursuant to Government Code Section 895.4, the City shall fully indemnify and hold harmless the State of California, ~he Trustees of the California State University, California State University, San Bernardino, and the employees, officers and agents of each of them from any liability imposed by injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by City under or in connection with any work, authority or jurisdiction not delegated to. the University under this agreement.