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CITY OF SAN BERNAtDINO - REQUEST Fa COUNCIL ACTION
Fre
Dept:
Fred Wilson
Assistant City Administrator
Subject:
Agreement with Omnitrans relative
to "transit mall".
Date:
February 20, 1991
Synopsis of Previous Council action:
9/14/89 __ Transportation Committee considered "transit mall" proposal.
and was supportive of the concept.
Recommended motion:
e
Adopt resolution.
~
. "/'A-- Signature
Contact person:
Supporting data attached: ye s
Fred Wilson
Phone:
5122
Ward:
FUNDING REQUIREMENTS: Amount:
1'1 Db ;:s--
Source: (Acct. No.)
.~ '251 32'153,-\-01....
IAcct. Descriotion)
Finance:
(~J~
taCH Notes:
Agenda Item No
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75-0262
CITY OF SAN BERNAtDINO - REQUEST F~ COUNCIL ACTION
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75-0264
STAFF REPORT
Attached is a proposed agreement with Omnitrans relative to
the installation and maintenance of a "transit mall" along
4th street between Arrowhead Avenue and "F" street. 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
its own expense
designated bus stops
for Omnitrans to install and maintain at
a maximum of 60 shelters/benches at
which may include:
A lighted transit
passenger seating.
shelter
with "flip
seat"
A lighted transit
seating.
shelter with railroad
bench
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.
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RESOLUTION
e 1 RESOLUTION OF THE CITY
2 EXECUTION OF AN AGREEMENT
AUTHORITY AND SAN BERNARDINO
3 PROFIT CORPORATION, RELATING
AND TYPE OF TRANSIT FURNITURE
4 SAN BERNARDINO BUS STOPS.
20 Bernardino at a
21 day of
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OF SAN BERNARDINO AUTHORIZING THE
WITH OMNITRANS, A JOINT POWERS
DOWNTOWN MAIN STREET, INC., A NON-
TO THE INSTALLATION, MAINTENANCE,
AND RELATED AMENITIES AT DOWNTOWN
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the city of San Bernardino is
8 hereby authorized to execute on behalf of said City an agreement
9 with
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Omnitrans,
joint powers
authority, relating to the
a
installation,
maintenance
and
type of transit furniture and
11
related amenities at downtown San Bernardino
copy
bus stops, a
12 of which is attached hereto, marked Exhibit "A" and incorporated
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herein by reference as fully as though set forth at length.
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SECTION 2.
The authorization to execute the above
15 referenced
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17
18
agreement
is
rescinded
if
parties
to
the
the
of
the
agreement
fail
to execute
it within
sixty (60) days
passage of this resolution.
I HEREBY CERTIFY that the foregoing
resolution was
duly
19 adopted by the Mayor and Common council of the city of San
meeting thereof, held on the
, 1991, by the following vote, to wit:
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RESOLU~ WITH OMNITRANS, ET AL ~
council Members:
AYES
NAYS
ABSTAIN
1
2 ESTRADA
3 REILLY
4
FLORES
5 MAUDSLEY
6 MINOR
7 POPE-LUDLAM
8 MILLER
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13 day of
14
city Clerk
The foregoing resolution is hereby approved this
, 1991.
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Approved as to form and
17 legal content:
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W. R. HOLCOMB, MAYOR
City of San Bernardino
JAMES F. PENMAN
CitY~AttorneY I /J
By ._ .~!:L~
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e 1 A G REEMENT
2 THIS AGREEMENT is made and entered into this day
3 of 1991, by and between the CITY OF SAN
4 BERNARDINO, a municipal corporation, 300 North lion street, San
5 Bernardino, California, 92418 (herein referred to as "city"),
6 SAN BERNARDINO DOWNTOWN MAIN STREET, INC., a California non-
7 profit corporation, 290 North "0" street, suite 602, San
8 Bernardino, California, 92418, (herein referred to as "Main
9 Street") and OMNITRANS, a joint powers authority, 1700 West
10 Fifth street, San Bernardino, California 92411.
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12 WIT N E SSE T H
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e 14 A. The parties recognize that upgraded, well-maintained
15 bus stops in downtown San Bernardino are essential to the
16 benefit of City residents, the city business community and
17 transit riders regionwide; and
18 B. The parties wish to coordinate the installation,
19 maintenance, and type of transit furniture and related amenities
20 at downtown San Bernardino bus stops; and
21 C. The parties recognize that downtown San Bernardino
22 (hereafter referred to as the "Project Area") , shall be defined
23 as that area of San Bernardino contained within, and bounded by
24 sixth street, Second street, Arrowhead, and the Interstate 215
25 Freeway;
26 The parties agree as follows:
e 27 1. Riaht to Construct .
28 A. city hereby grants Omnitrans, on the terms
hereinafter described, the right to construct, erect, install,
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repair, maintain and insure at its sole expense one or more of
1 the following at designated bus stops within the Project Area:
2 * Lighted Transit Shelter with "Flip-seat" passenger
3 seating.
4 * Lighted Transit Shelter with Railroad bench seating.
5 * Railroad bench seating only.
6 * "Flip-Seat" seating only.
7 B. city shall have right of design review and approval
8 of all designs of shelters and street furniture installed. Copi-
9 es of shelter plans shall be placed on file with the city. Any
10 design changes on the shelters shall be submitted for City's
11 written approval thirty (30) days prior to installation and no
12 changes are allowed without this approval.
13 C. Quantities of shelters and benches to be placed at
e 14 any individual stop shall be determined by Omnitrans. The
initial quantity of shelters to be placed in the Project Area is
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16 set at 53 units, and shall not exceed 60 units without consent
17 of both the City and Omnitrans. The total quantity of benches
18 to be installed by Omnitrans shall be determined at its sole
19 discretion.
20 D. Shelters and street furniture shall be installed so
21 as to maintain standard handicap access and shall not create a
22 sight restriction for a vehicle traveling on an intersecting
23 street or driveway.
24 2. Omnitrans Services.
25 A. At its sole cost and expense, omnitrans shall
26 maintain, repair, clean and service the shelters and passenger
~ 27 amenities as well as the perimeter area immediately surrounding
28 each bus stop.
B. Omnitrans shall provide a minimum of one trash
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container at each stop within the project area.
1 c. Omnitrans shall respond within 24
2 notification for purpose of graffiti abatement
3 maintenance needs.
hours of
or other
4 o. Omnitrans will provide electrical connections at its
5 sole cost and expense to shelter locations falling outside of
6 the Phase 1 Main street streetscape Project Area. The Phase 1
7 Main street Streetscape Project Area is defined as that area of
8 downtown San Bernardino bounded by Arrowhead, "E" street,
9 Second Street, and "0" streets, plus the corner of Fourth and
10 "F" Street, N. W. It is understood by all parties that Main
11 street will provide electrical conduit to Omnitrans shelters
12 sited within its Streetscape project Area.
13 3. citv Services
e 14 A. At its sole cost and expense, City shall provide
15 electrical power to each Omnitrans shelter within the Project
16 Area.
17 B. City shall provide trash pick-up at each bus shelter
18 location within the Project Area. pick-ups shall be made a
19 minimum of two (2) times per week and more frequently if
20 necessary. Trash pick-up shall be provided at no expense to
21 omni trans.
22 C. The city shall issue a one time blanket permit at no
23 cost to Omnitrans, valid for construction of shelters as
24 specified under this agreement. It is understood that the City
25 will require no permit fees for construction and/or relocation
26 of additional or existing shelters as provided for under this
e 27 Agreement. The City shall require specific site approval for
28 each new shelter installed or existing shelter relocated.
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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
written request to Omnitrans to request that omnitrans 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 applicable codes, laws, statutes and other
regulations. 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 Omnitrans.
5. Term
This Agreement shall continue until terminated by any
party or in the event that amenities are sold or assigned by
Omnitrans to a third party.
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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 omnitrans, 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) .
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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
fees, related costs and expenses incurred by either outside
counselor staff counsel) because of death, personal injury or
property 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.
9. Representatives and Notices.
The General Manager shall represent Omnitrans for this
Agreement.
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The tlbcutive Director shall re~sent Main street for
shall represent the city for
Notices sent by one party to the other shall be
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personally delivered
or sent by U. S. Mail, postage prepaid, to
the following addresses:
Omnitrans:
city:
General Manager
Omnitrans
1700 W. 5th street
San Bernardino, Ca 92411
City Administrator
City of San Bernardino
300 North "0" Street
San Bernardino, Ca 92418
Main Street, Inc.:
Executive Director
290 North "0" Street
San Bernardino, Ca 92418
15 10. Subcontractors.
16 SUbcontracting by either Omnitrans or the city shall
17 be allowed under this Agreement. Each party shall be fully
18 responsible for the performance of any and all subcontractors.
19 11. Eaual Opportunitv.
20 A. By signing this Agreement, the parties certify
21 that they do not discriminate against any employee or applicant
22 for employment because of race, color, creed, religion, sex,
23 marital status, national origin, ancestry, physical handicap or
24 medical condition.
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B. The parties agree that each and its subcontractors
26 will follow all applicable portions of the Immigration Reform
e 27 and Control Act of 1986.
28 12. Governina Law.
This Agreement is governed by the laws of the State of
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AGREEMENT WIT1IJMNITRANS, ET AL
California.
1
13. Entire Aareement.
2 This Agreement is
3 parties, and there are no
4 controlling this matter.
5
ATTEST:
Rachel Krasney
city Clerk
ANN HARRIS
Executive Director
San Bernardino Downtown
Main street, Inc.
Approved as to form
and legal content:
~&.J
ames F. nman
City Attorney
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the entire understanding of the
other conditions, oral or written,
CITY OF SAN BERNARDINO, a
Municipal Corporation of
State of California
W. R. Holcomb, Mayor
city of San Bernardino
OMNITRANS
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