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Home My WebLink About12-Public Works CIl'Y OF SAN BERNJODINO - REQUE~Tl!t? lC?::?}'NCIL ACTION Authorization to Execute Master Su~~:Agreement with City of Rialto - Maintenance of Traffic Signals & Street Lights From:- ROGER G. HARDGRAVE Dept: Public Works Date: 7.-7-94 Synopsis of Previous Council action: 06-23-93 - Allocation of $100,000, under Account No. 250-670- 57897, approved in 1992/93 Traffic Systems Fee Fund Budget. Resolution No. 92-368 adopted authorizing installa- tion of stop signs on Mill Street at Eucalyptus Avenue. Resolution No. 93-189 adopted authorizing execution of a Cooperative Agreement for installation of traffic signals. June, 1992 09-21-92 - Recommended motion: Adopt resolution. cc: Shauna Clark Jim Penman Ward: 5025 3 Contact person: Roaer G. Hardarave Staff Report, Agreement Supporting data attached: & Resolution Phone: FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.1 (Acct. DescriDtionl Finance : Council Notes: 75.0262 Agenda Item No /;1.... , CITY OF SAN BERNI(YINO - REQUEST FM COUNCIL ACTION "~ ..,' STAFF REPORT Traffic signals have recently been installed at the intersection of Mill Street and Eucalyptus Avenue, as a cooper- ative project with the City of Rialto and Rialto Unified School District. This intersection is under the joint jurisdiction of the City of Rialto and the City of San Bernardino. A Master Agreement has been prepared to provide for the maintenance of these traffic signals. This agreement provides, in general, that the City of San Bernardino will provide the maintenance, and the City of Rialto will reimburse San Bernardino for 1/2 of all costs incurred. This Master Agreement is similar to the ones we have entered into with the County of San Bernardino, City of Highland and City of Colton. We recommend that the agreement be approved. 7-7-94 75-002.. /' ... .~...... '-' '-' 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MASTER AGREEMENT WITH THE CITY OF RIALTO RELATING 3 TO MAINTENANCE OF TRAFFIC SIGNALS AND STREET LIGHTS. 4 5 6 7 8 RESOLUTION NO. BE IT RESOLVED BY THE MAYOR AND CO~lMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized execute, on behalf of said and directed to City, a Master Agreement with the City of Rialto, relating to the maintenance and operation of Traffic Signals and Street 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Lights, a copy of which agreement is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. This agreement and any amendment or modifica- tions thereto shall not take effect or become operative until fully signed and executed by both parties. The City shall not be obligated hereunder unless and until the agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION 3. This resolution is rescinded if the parties to the agreement fail to execute it within ninety (90) days of the passage of this resolution. I I I I I I I I I I I I I I I I I I I I I I I I I I I I 7-7-94 RESO: AUTHORIZING EXECUTION OF MASTER AGREEMENT WITH CITY OF RIALTO .~LATING TO MAINTENANCE ("l'" TRAFFIC SIGNAl.S AND STREET, .GHTS. 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Connnon Council of the City of San 3 Bernardino at a meeting thereof, held on the 4 day of , 1994, by the following vote, to-wit: 5 Council Members: AYES NAYS ABSTAIN ABSENT 6 NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN 10 DEVLIN 11 POPE-LUDLAM Rachel Clark, City Clerk The foregoing resolution is hereby approved this , 1994. Tom Minor, Mayor Ci ty of San Bernardino 20 21 22 23 24 25 26 27 28 Approved as to form and legal content: James F. Penman City Attorney - 2 - c - - EXHIBIT "A" MASTER AGREEMENT lQB MAINTENANCE 01' TRAFFIC SIGNALS AND STREET LIGHTS This Master Agreement, and entered into this day of . , 1994, by and between the City of RIALTO, a municipal corporation of the state of California, hereinafter refer- red to as "RIALTO", and the city of SAN BERNARDINO, a municipal corp- oration of the State of California, hereinafter referred to as "SAN BERNARDINO", jointly "the parties." WIT N ESE T H WHEREAS, certain traffic signal(s) and street light(s) have been installed at various intersections that are partially within both RIALTO and SAN BERNARDINO; and, WHEREAS, these traffic signal(s) and street light(s) can each be best maintained by one party; and, WHEREAS, both RIALTO and SAN BERNARDINO do mutually desire to set the terms and conditions under which these traffic signal(s) and street light(s) 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 intersection(s) 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 RIALTO through its City Manager or by the city of SAN BERNAR- DINO through its Director of Public Works/City Engineer, each to obtain the written consent of the other for such change. Any approved revi- sion to Exhibit "B" shall become a part of this Agreement and shall supersede and cancel all previous additions. 2. This Agreement shall become effective upon satisfactory completion of all traffic signal and street lighting work at the com- pletion of intersection of MILL STREET AND EUCALYPTOS AVENUE, and acceptance by RIALTO. 3. The party responsible for the maintenance work or provi- sion of the services shall be as indicated in Exhibit "B", maintained by the utility owning same. 1 ~- - '-' - 4. RIALTO and SAN BERNARDINO shall at least semi-annually bill each other for the cost of services provided and shall provide a sUlDlllary 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 indi- rect 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, flasher, 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 RIALTO 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 re- quired to insure satisfactory service. Installation of additional facilities is not a maintenance function under this agreement. 8. The net amount (actual costs less reimbursements or contributions by other parties) of extraordinary expenses, such a& 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 RIALTO and SAN BERNARDINO based upon the aforementioned ratio for share of costs, and as shown on Exhibit "B". These expenses shall be as- sessed 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. 9. This Agreement shall remain in full force and effect until terminated by either party following a sixty (60) day written notice to terminate. 10. Neither RIALTO 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 RIALTO under this Agreement. It is also agreed that, pursuant to Gov- ernment Code Section 895.4, SAN BERNARDINO shall fully indemnify and hold RIALTO 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 RIALTO under this Agreement. 2 AGREEMENT: MAINTENCE OF TRAFFIC SIGNALS AND ::::;REET LIGHTS 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 RIALTO 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, RIALTO shall fully indemnify and hold SAN BERNAR- DINO 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 RIALTO 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 writ- ing 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 Agree- ment, waive any defense to any action provided in such Act. IN Agreement to authorized. WITNESS WHEREOF, the parties hereto have caused this be executed by their respective official thereunto duly ATTEST: CITY OF RIALTO yor ATTEST: CITY OF SAN BERNARDINO. City Clerk TOM MINOR, Mayor Approved as to form and legal content: JAMES F. PENMAN, City Attorney 3 c - -...,) B X BIB I T "B" TRAJ'I'IC SIGNAL 11m STREBT LIGHTING INSTALLATIONS SCHEDULE I - MAINTAINED BY CITY 01' RIALTO None SCHEDULE XX - MAINTAINED BY CITY 01' SAN BBRNARDINO Maintenance & Operation Cost SDlit ~ LOCATION Rl:A.LTO SAN BERNARDINO 1. Mill/Merrill Street @ Eucalyptus sot' sot