HomeMy WebLinkAbout1989-067
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RESOLUTION NO.
89-67
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE CITY OF COLTON FOR MAINTENANCE
3 OF TRAFFIC SIGNALS AND INTERSECTION LIGHTING.
4 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 is hereby authorized and directed
to execute on behalf of said Ci t.y a Master Agreement wi th the
City
for Maintenance
of
Traffic
Signals
Colton
of
and
Intersection Lighting; which agreement is attached hereto marked
Exhibit "I", and incorporated herein by reference as fully as
though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Cornmon Council of the Ci ty of San
Bernardino at a n adjourned regular
meeting thereof, held on the
l3thday of
March
, 1989, by the following vote, to-wit:
AYES: Council Members Reilly, Flores, Maudsley,
Minor, Pope-Ludlam, Miller
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NAYS:
None
ABSENT:
Council Member Estrada
The
foregoing resolution
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It he:('eby approved fhlS /..:)e~
March
25 Approved as to form
and legal content:
Wl cox, Mayor
San Bernardino
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EXHIBIT "I"
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MASTER AGREEMENT FOR MAINTENANCE
OF
TRAFFIC SIGNALS AND INTERSECTION LIGHTING
THIS MASTER AGREEMENT~ MADE AND ENTERED IN THIS 17th
4 DA Y OF
January, 1989, BY AND BETWEEN THE CITY OF SAN
5 BERNARDINO AND THE CITY OF COLTON,
6 WITNESSETH
7 WHEREAS, certain traffic signals and highway lighting
8 facilities have been installed and are maintained at designated
9 intersections of both City's streets~ and
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\~ HER E AS, the C i t Y 0 f San B ern a r din 0 and the C i t Y 0 f
11 Col ton desi re to set forth herei n the parti cul ar ma i ntenance
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functions to be performed by each and to specify distribution
of costs of maintenance and operation between the two Cities,
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
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Thi s Agreement appl i es to those i ntersecti ons
16 and fa c i -I i tie s n am e d 0 r 1 i s t e din Ex h i bit II A II, a t t a c h e d her e to
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and made a part hereof.
Upon approval by both parties hereto
as evidenced by approval of the City of Colton, City Engineer,
and the City Engineer of the City of San Bernardino signal
irlstallation and/or intersection lighting facilities designated
for
maintenance purposes may be deleted from or added to this
A 9 r e e men t by sub m i t t a OJ 0 far e vis e d E x h i bit II A II W h i c h s h a "I 1 ,
u p 0 n s aid a p pro val b e com e a par t 0 f t his A 9 r e e men tan d s h a I -I
supercede and cancel all previous exhibits.
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The party responsi b-l e for the mai ntenance work
or provision of the services shall be as indicated in Exhibit
II A 'I, ex c e p t t hat uti -j -j t Y 0 W n e din t e r s e c t ion 1 i 9 h t oj n 9 wi-I"j be
maintained by the utility owning the same.
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1 3. The City of San Bernardino and the City of
2 Col ton sha 11 bi 11 each other for the cost of servi ces provi ded
3 and sha-i 1 provide a summary of actual mai ntenance and power
4 costs of each intersection within their area of responsibility,
5 ass e t for t h i n Ex hi bit II A II . The co s t 0 f m a i n ten a n c ere fer red
6 to herein shall include ali direct costs, plus a 5% functiona-j
7 and administrative overhead assessment to cover indirect costs
8 incurred in providing the maintenance services.
9 4. The share of costs for the operation and
10 maintenance of traffic signals shall be based on a ratio of the
11 number of legs of the intersection that lie within each
12 j u r "j s d i c t ion .
13 5. Where highway lighting, flashers, or other
14 electrically operated traffic controls or warning devices have
15 been specifical"iy approved at an intersection, the maintenance
16 and power costs thereon shall be shared between the City of San
17 Bernardino and the City of Co"lton in the same manner as
18 provided for sharing traffic signal costs.
19 6. Routi ne ma i ntenance work to be performed under
20 this Agreement will include patrolling, furnishing of electric
21 energy, and furnishing necessary repairs and/or replacements as
22 required to insure satisfactory service. Installation of addi-
23 t ion a 1 f a c i 1 i tie s i s not a m a i n ten a n c e fun c t ion u n d e r t his
24 a g r e e men t .
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The net amount (actual cost less reimbursements
26 0 r con t rib uti 0 n s by 0 the r par tie s) 0 f e x t r a 0 r din a rye x pen s e s ,
27 s u c has for r e p air 0 f e x ten s i v e dam age 0 r r e pia c em e n t 0 f
28 components of the signal installation, shall be assessed
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directly against the particular intersection involved, and
shall be the shared expense of the Ci ty of Col ton based upon
the aforementioned ratio for share of costs, and as shown on
4 Exhibit IIAII.
These expenses sha'll be assessed regardless of
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\Jhether the actua"j damage occurred wi thi n an incorporated or
uni ncorpora ted area of the i ntersecti on.
Invoices for sa-jd
costs shall be itemized as to materials, including service and
expense, sa 1 ari es and wages, and equi prnent renta ,.
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.
Agreement
shall
become
effecti ve on
8. This
~rt1t&.fh /S i /1 rrr
I I
, and shall supercede all previous traffic
City
of
San
lighting
agreements
betvJeen
the
signal
and
Bernardino and the City of Colton.
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This Agreement sha-Il rema-jn in full force and
effect until terminated by either party following a sixty (60)
day written notice of intention to terminate.
10. IT IS MUTUALLY AGREED THAT:
( a )
Nei ther the Ci ty
of Colton 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 the Ci ty of San Bernardi no under or in connecti on
\~ith any work, authority or jurisdiction not de"iegated to the
City of Colton under this Agreement.
It is also agreed that,
pursuant to Government Code Section 895.4, the City of San
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I Bernardino sha"ll fully indemnify and hold the City of Colton
2 h arm -I e s s fro man y 1 i a b i lit Y imp 0 sed for i n j u r y (a s d e fin e d by
3 Government Code Sect; on 810.8) occurri ng by reason of anythi ng
4 done or omitted to be done by the City of San Bernardino under
5 or in connecti on wi th any work, authori ty or juri sdi ct; on not
6 delegated to the City of Colton under this Agreement.
7 (b) Neither the City of San Bernardino nor
8 any officer or employee thereof shall be responsible for any
9 damage or 1 i abi 1 i ty occurri ng by reason of anythi ng done or
10 omitted to be done by the City of Colton under or in connection
11 \ldth any work, authority or jurisdiction not delegated to the
12 City of San Bernardino under this Agreement. It is also agreed
13 that, pursuant to Government Code Section 895.4, the City of
14 Colton shall fully indemnify and hold the City of San Bernardino
15 harml ess from any 1 i abi 1 i ty imposed for injury (as defi ned by
16 Government Code Secti on 810.8) occuri ng by reason of Anythi ng
17 done or omi tted to be done by the Ci ty of Col ton under or in
18 connecti on ~"i th any \tJork, authori ty or juri sdi cti on not
19 delegated to the City of San Bernardino under this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused
2 this Agreement to be executed by their respective official
3 thereunto duly authorized.
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ATTEST: ~~_~t
J'/ ;~~?/""-~l r r,"y-r, ,'c,
6 --/~a. ~i,;~":~,';.;w.,,:" .-'
City Clerk
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8 ATTEST:
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11 Approved as to form
and legal content:
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CITY OF COLTON
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~ ayor
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CITY OF SAN BERNARDINO
EXHIBIT "A"
TRAFFIC SIGNAL INSTALLATIONS
MAINTAINED BY CITY OF SAN BERNARDINO
LOCATION
HUNTS LANE AT REDLANDS BLVD.
HUNTS LANE AT CAROLINE STREET
MILL STREET AT RANCHO AVENUE
WATERMAN AVENUE AT BARTON ROAD
WIER ROAD AT BARTON ROAD
MAINTENANCE AND OPERATION
COST SPLIT
CITY OF CITY OF
SAN BERNARDINO COLTON
50%
67%
50%
50%
25%
50%
33%
50%
50%
75%
EFFECTIVE DATE
REVISION NO.
CITY OF COLTON
CITY OF SAN BERNARDINO
CITY ENGINEER
CITY ENGINEER
EXHIBIT MAli