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HomeMy WebLinkAbout15-City Administrator . . CI'IO OF SAN BERNARDIQ) - REQUEOr FOR COUNCIL AC'CbN From: JAMES E. I{(IEBlNS Actir~ City Administrator Su~~t:Master Agreement with City of Highland relating to maintenance alt traffic signals and street ~ghts. Dept: Date: 6/23/88 Synopsis of Previous Council action: None R~ommended motion: Adopt resolution. Signature Contact person: Jim Robbins Phone: 5122 Supporting data attached: yes Ward: FUNDING REOUIREMENTS: Amount: Source: (Acct. No,) (Acct. DescriPtion) Finance: Council Notes: Aoenda Item No I~ CI" OF SAN BERNARDIOo - REQUQr FOR COUNCIL ACQON STAFF REPORT This agreement is a result of several months of meetings held between the two Mayors and Members of council as agreed to at the Joint Meeting held between the two cities on April 7, 1988. This agreement is consistent with other agreements which the City has with neighboring cities and CALTRANS. Additional agencies. resolutions meeting to Restaurant. agreements are being considered between the two It is the intent that both cities adopt and that they be jointly signed at the joint be held July 7, 1988 at the Mediteranean 6/24/88 75.0264 . . C 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 o RESOLUTION 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 meeting held on the day of , 19 , by the following vote, to wit: AYES: NAYS: ABSENT: City Clerk June 22, 1988 . . 0 1 2 3 4 5 6 7 8 9 10 11 12 o o o 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 day of , 1988. EVLYN WILCOX, MAYOR City of San Bernardino 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Approved as to form and legal content: yl~PA0 28 June 22, 1988 . . o o o o Exhibit "A" MASTER AGREEMENT FOR MAINTENANCE OF TRAFFIC SIGNALS AND STREET LIGHTS This master agreement, made and entered into this day of , 1988, by and between the City of Highland~-a-munrcipal--corporation of the State of California, hereinafter referred to as "HIGHLAND", and the City of San Bernardino, a municipal corporation of the State of California, hereinafter referred to as "SAN BERNARDINO", jointly "the parties." 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 "8" shall become a part of this Agreement and shall supersede and cancel all previous additions. 1988. 2. This Agreement shall become effective on July 1, 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 . . o o o o 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 . . c o o o 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 I o , I - - o o o IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective official thereunto duly authorized. ATTEST: CITY OF HIGHLAND City Clerk Mayor ATTEST: CITY OF SAN BERNARDINO Evlyn Wilcox, Mayor Approved as to form and legal content: ~) JFW:ss June 27, 1988 4 . o o EXHIBIT "B" o o TRAFFIC SIGNAL AND STREET LIGHT INSTALLATIONS SCHEDULE 1 - MAINTAINED BY HIGHLAND No. Location NONE Maintenance & Operation Cost Split HIGHLAND SAN BERNARDINO SCHEDULE II - MAINTAINED BY SAN BERNARDINO No. Location 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 Maintenance & Operation Cost Split HIGHLAND SAN BERNARDINO 50% 50% 25% 25% 25% 50% 50% 75% 75% 75%* *25% is withi n County. A bill for thi s amount wi 11 be submi tted to County under our Master Agreement.