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HomeMy WebLinkAbout1988-223 .( 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 RESOLUTION 88-223 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MASTER AGREEMENT WITH THE CITY OF HIGHLAND RELATING TO MAINTENANCE OF TRAFFIC SIGNALS AND STREET LIGHTS. 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 and directed to execute on behalf of said City a master agreement with the City of Highland relating to maintenance of traffic signals and street lights. A copy of the agreement is attached hereto marked Exhibit "A" and by this reference incorporated herein. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino, at a regular meeting held on the 5th day of July , 19 88 , by the following vote, to wit: AYES: Council Members Estrada, Reilly, Flores, Maudlsey, Minor, Pope-Ludlam, Miller NAYS: None ABSENT: None ~~ /City Clerk June 22, 1988 , . 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 Resolution authorizing execution of a master agreement with the City of Highland relating to maintenance of traffic signals and street lights. The foregoing resolution is hereby approved this tt~ day of July , 1988. Approved as to form and legal content: ~ 27 28 June 22, 1988 ?"":' ....' ~\ "" , {.e..o.:,,: I Exhibit "A" MASTER AGREEMENT FOR MAINTENANCE OF TRAFFIC SIGNALS AND STREET LIGHTS T day of Highland, a hereinafter Bernardino, a hereinafter parties." agreement, made and entered into this 7e~ , 1988, by and between the City of al corporation of the State of California, fe red to as "HIGHLAND", and the City of San municipal corporation of the State of California, referred to as "SAN BERNARDINO", jointly "the WITNESSETH: WHEREAS, certain traffic signals and street lights have been installed at various intersections that are partially within both Highland and San Bernardino; and, WHEREAS, these traffic signals and street lights can each be best maintained by one party; and, WHEREAS, both Highland and San Bernardino do mutually desire to set the terms and conditions under which these traffic signals and street lights will be maintained and operated, and to specify the distribution of cost for maintenance and operation. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. This Agreement shall apply to the intersections listed in Exhibit "B", attached hereto and made a part hereof. Exhibit "B" may be revised, to add, or delete intersections listed thereon, by the City of Highland through its City Manager or by the City of San Bernardino's through its Director of Public Works/City Engineer, each to obtain the written consent of the other for such change.. Any approved revision to Exhibit "B" shall become a part of this Agreement and shall supersede and cancel all previous additions. 2. This Agreement shall become effective on July 1, 1988. 3. The party responsible for the maintenance work or provision of the services shall be as indicated in Exhibit "B", except that utility owned intersection lighting will be maintained by the utility owning same. JFW:ss June 27, 1988 1 I 4. HIGHLAND and SAN BERNARDINO shall at least semi- annually bill each other for the cost of services provided and shall provide a summary of actual maintenance and power costs of each intersection within their area of responsibility, as set forth in Exhibit "B". The cost of maintenance referred to herein shall include direct costs, plus a 5% functional and administrative overhead assessment to cover indirect costs incurred in providing the maintenance services. 5. The share of costs for the operation and maintenance of traffic signals shall be based on a ratio of the number of legs of the intersection that lie within each jurisdiction. 6. Where highway lighting, flashers, or other electrically operated traffic controls or warning devices either presently exist or are hereafter specifically approved by the parties for installation at an intersection, the maintenance and power costs thereon shall be shared between HIGHLAND and SAN BERNARDINO in the same manner as provided for sharing traffic signal costs. 7. Routine maintenance work to be performed under this agreement will include maintenance patrolling, furnishing of electric energy, and furnishing necessary repairs and/or replacements as required to insure satisfactory service. Installation of additional facilities is not a maintenance function under this agreement. 8. The net amount (actual cost less reimbursements or contributions by other parties) of extraordinary expenses, such as for the repair of extensive damage or replacement of components of the signal installation, shall be assessed directly against the particular intersection involved, and shall be the shared expense of the cities of HIGHLAND and SAN BERNARDINO based upon the aforementioned ratio for share of costs, and as shown on Exhibit "B". These expenses shall be assessed regardless of whether the actual damage occurred within either city's area of the intersection. Invoices for said costs shall be itemized as to materials, including service and expense, salaries and wages, and equipment rental. The party with jurisdiction over the location of any facility damaged by others shall make every reasonable effort to recover the costs of damages from the party responsible for said damage to any facility. JFW:ss June 27, 1988 2 9. This Agreement shall remain in full force and effect until terminated by either party following a sixty (60) day written notice of intention to terminate. 10. Neither HIGHLAND nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by SAN BERNARDINO under or in connection with any work, authority or jurisdiction not delegated to HIGHLAND under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, SAN BERNARDINO shall fully indemnify and hold HIGHLAND harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SAN BERNARDINO under or in connection with any work, authority or jurisdiction not delegated to HIGHLAND under this Agreement. Neither SAN BERNARDINO nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by HIGHLAND under or in connection with any work, authority or jurisdiction not deleted to SAN BERNARDINO under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, HIGHLAND shall fully indemnify and hold SAN BERNARDINO harmless from any liability imposed or injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by HIGHLAND under or in connection with any work, authority or jurisdiction not delegated to SAN BERNARDINO under this Agreement. 11. This Agreement represents the entire Agreement between the parties and any amendments and/or addendums shall be made in writing between the parties and attached to this Agreement. 12. No rights shall accrue to any party or third party hereunder except as specifically set forth herein. No third party beneficiaries are contemplated under any provision of this Agreement, nor is it the intent of this Agreement to create any right in same. No party hereto shall be liable for any injury occurring on any property covered by this Agreement except as provided under the Tort Claims Act of the State of California, and does not, by execution of this Agreement, waive any defense to any action provided in such Act. JFW:ss June 27, 1988 3 . . IN WITNESS WHEREOF, the partie Agreement to be executed by their resp duly authorized. hereto have caused this tive official thereunto ATTEST~~ #~ City Cl rk HIGHLAND Mayor ATTEST: "~//4./?,/L:dPu0 ~~o vlyn Wi/COX, M ~or ~ Approved as to form and legal content: ~) JFW:ss June 27, 1988 4 , EXHIBIT "B" TRAFFIC SIGNAL AND STREET LIGHT INSTALLATIONS SCHEDULE 1 - MAINTAINED BY HIGHLAND Maintenance & Operation Cost Split No. Location HIGHLAND SAN BERNARDINO NONE SCHEDULE II - MAINTAINED BY SAN BERNARDINO No. Location Maintenance & Operation Cost Split HIGHLAND SAN BERNARDINO 1. Del Rosa Drive at Third Street 2. Victoria Avenue at Third Street 3. Victoria Avenue at Fifth Street 4. Tippecanoe Avenue at Ninth Street 5. Del Rosa Avenue at Baseline Street 50% 50% 25% 25% 25% 50% 50% 75% 75% 75%* * 25% is within County. A bill for this amount will be submitted to County under our Master Agreement.