Loading...
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 Agreement later rescinded as it was not executed with 60 days of passage of resolution.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Mayor and council approved and since amnitrans failed to execute the document within the required 60 day period, it was rescinded.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