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Home My WebLink About15- Public Works �t CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION File No. 1 . 7034 From: ROGER G. HARDGRAVE Subject: Authorization to E�,:ecute Amend- ment to Standard Agreement with Dept: Public Works California State University - ^ �' " Installation of Traffic Signals Date: 9-25-96 ; a�� at Northpark Boulevard and i Coyote Drive Synopsis of Previous Council action: 10-16-95 - Transfer of $45 , 000 to provide funds for City' s share approved. 11-20-95 - Resolution No. 95-392 adopted authorizing execution of Standard Agreement Contract I40. W957032 with San Bernardino State Universitv. 03-04-96 - Plans approved and authorization granted to advertise for bids . 07-01-96 - Contract Change Order No. 1 approved, at an increase in contract price of $11 , 375 . 00 . 09-03-96 - Contract Change Order No. 3 approved, at an increase in the contract price of $42 , 496 . 00 . Recommended motion: 6 � Adopt resolution. cc: Shauna Clark Jim Penman Signature Contact person: Gene R. Klatt Phone: 5125 Staff Report, Standard Supporting data attached: Agreement & Resolution Ward: 5 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) 126-369-5504-7034 (Acct. Description) Traffic_ Signals - Northpark Blvd. & Coyote Drive Finance: Council Notes: Res 96--?2- /1) Igg6 75-0262 Agenda Item No. CITY.OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION A STAFF REPORT Authorization was granted at the Council meeting of 11- 20-95 to execute a Standard Agreement with California State University, San Bernardino, relative to installation of traffic signals at Northpark Boulevard and Coyote Drive. This Agreement provides , in general , that the City would proceed to install the traffic signals, and the University would pay 1/2 of the cost, plus $2 , 000 as their share of the first year maintenance and operation costs. In addition, the University will finance the cost of the necessary street improvements to accommodate these signals . Improvement of Coyote Drive on the campus was to be done under a contract awarded by the University. However, the Uni- versity was required to reject bids received at two openings . These rejections delayed the project to a point where the Uni- versity could not advertise for bids again, and have the improvements to Coyote Drive completed prior to the start of their fall quarter. Therefore, the University requested the City to include construction of a temporary transition in our traffic signal contract, in order to allow Coyote Drive to be open to traffic at the start of their fall quarter. This work was included in the contract by Change Order No. 3 , at an additional cost of $42 ,496 . The proposed amendment to Contract No. W957032 will increase the encumbrance of State funds by $42 , 496 , in order to reimburse the City for the additional costs incurred. We recommend that the amendment be approved. 9-25-96 75.0264 STATE OF CALIFORNIA STANDARD AGREEMENT- APPROVED BY THE CONTRACT ATTORNEY GENERAL NUMBER AM.NO. STD.2(REV.s•97) - W957032 1 _ TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NUMBER TF.-- 'AGREEMENT,made and entered into this 27th day of August , 19 96 , it ite of California,by and between State of California,through its duly elected or appointed,qualified and acting Ti _ees of the California State University TITLE OF OFFICER ACTING FOR STATE Procurement AGENCY California State University, & Support Services Officer San Bernardino hereafter called the State,and CONTRACTOR'S NAME City of San Bernardino ,hereafter called the Contractor. V4TNESSETH: That the Contractor for and in consideration of the covenants,conditions,agreements,and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor,amount to be paid Contractor, time for performance or completion,and attach plans and specifications,if any.) Agreement #W957032 is hereby amended as follows: Increase encumbrance by $42,496.00 to provide for alignment of transition roadway for the intersection of Coyote Drive and Northpark Boulevard. New agreement total shall be $89,496.00. All other terms and conditions shall remain the same. :ONTINUED ON —0— SHEETS,EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a part of this agreement. N WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above written. STATE OF CALIFORNIA CONTRACTOR GENCY CONTRACTOR(It atha dun an tndwodu&4 state Wudw a mmmatwn,pa&wzhp,eta) lifornia State University, San Bernardino City of San Bernardino 1 D SIGNATL BY(AUTHORIZED SIGNATURE) RI AME OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING T.L. Lemmond Tom Minor, Mayor TLE ADDRESS 300 North "D" St. )rocurement & Support Services Officer San Bernardino CA 92418 MOUNT ENCUMBERED BY THIS PROGRAWCATEGORY(CODE AND TITLE) FUND TITLECSU Parkin Department of General Services JCUMENT $ 42,496.00 Rev-Parkin Fees use only (OPTIONAL USE) 1IOR AMOUNT ENCUMBERED FOR 4IS CONTRACT t6610-001-001 M CHAPTER STATUTE FISCAL YEAR 7T AL AMOUNT ENCUMBERED TO 47,000.00 0162 96/97 6/30/97 >TE ECT OF EXPENDITURE(CODE AND TITLE) $ 96.00 17605-4500 I hereby certify upon my own personal knowledge that budgeted funds T.B.A.NO. B.R.NO. are available for the pehod and purpose of the expenditure stated above. i 3NATURE OF ACCOU FFIC DATE i / 7 CONTRACTOR STATE AGENCY 17 DEPT.OF GEN.SER. CONTROLLER .� [ Ut- L,HLiI l)n,- STANDARD AGREEMENT STO. Z (REV. 5-91) (REVERSE) I. The Contractor agrees to indemnifv, defend and save harmless the State, its officers, agents and employees from anv and all claints and losses accruing or resulting to any and all contractors. suhcontractors. materialmen, laborers and any other person, firm or corporation furnishing or supplying work services. materials or supplies in connection with the performance of this contract, and from any and all claim~and losses accruing or resulting to any person, firm or corporation who may he injured or damaged by the Contractor in the performance of this contract. 2. The Contractor, and the agents and employees of Contractor, in the performance of the agreement, shall act in an independent capacity and not as officers or employees or agents of State of California. 3. The State may terminate this agreement and he relieved of the payment of any consideration to Contractor should Contractor tail to perform the covenants herein contained at the time and in the ((tanner herein provided. In the event of such termination the State may proceed with the worst in any ((tanner deemed proper by the State. The cost to the State shall he deducted from any sum due the Contractor under his agreement, and the balance. if any shall he paid the Contractor upon demand. 4. Without the written consent of the State, this agreement is not assignable by Contractor either in whole or in pan. S. Time is of the essence in this agreement. 6.- No alteration or variation of the terms of this contract shall he valid unless made in writing and signed by the parties hereto. and no oral understanding or agreement not incorporated herein,shall he hinding on any of the parties hereto. 7. The consideration to he paid Contractor. as provided herein. shall he in compensation for all of Contractor's expenses incurred in the pertOrnuuux hereof. including travel and per diem, unless otherwise expressiy to provided. 8. All contract. in excess of 510.000.00 will he suhieet to the examination and audit of the Auditor General for a period of three years after final payment tinder this contract. 9. By signing of this contract. the Contractor dues swear under penalty of perjury that no more than one final unappeaiahle finding of contempt of court by a Federal Court has been issued against Contractor within the immediateiv preceding two-year penoii hecause tit Contractor's failure to comply with an order of a Federal Court which orders Contractor to cumpiv with an order of the National Gabor Relations Board. 10. Contractor's performance wtii he evaluated by the Lntventty upon completion of the project and a �-t►ntract.Contractor Evaluation. SAD. Form 1, will he prepared and retained on file for any contract In -acess of S 10.000.00. 11. In addition to the right of the State to terminate for cause as provided under the terms of paragraph ai of Standard Agreement Form _'. either party nlay terminate the agreement without cause with thirty (30)dav's written nonce. I 1 COIIIractor agree (hat the awarding uenaretnt:nt ill us Lirle_'atev will have the rt_'nt to review. oht:un and all leconis pel Will i _ to perlorml:utct: tit the c,ttttract. 1'ontrlctor agrees w provide the am-ardtn_ —paltntcn( ur its delc_':urrs access (o us In•rmiscs. upon RaMtlTthle notice. dorm'. normlal husmess hours t.of Utc 11111-posc- t.l lntrr►lewttl_' elnpiotres and ins(►rcurl_' and copvtn_ such hooks. records. accounts. and .,;her material that nlav he reievant to a hatter unucr ulyrsu_atiun for the purpose of detcrnuntn_ i mphance with 1 1tllhltc Coniracl Code Secuott 101 1? c(. seq. Contractor further a_'rms to inatntattt Mlt ll rcords for a (►rnt►tl tit three 0) yc:m:s after Imlal p:nntrnt under (tits contract.