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CI,(> OF SAN BERNARDIIWb
I I It: I1V. ... .V"1'L...J
- REQUEC)r FOR COUNCIL AC"CbN
From:
Roger G. Hardgrave RlC'D.-ADMIM. tltf!ct:
Publ ic Works/Engineering 1985 JAM \0 AM 8= 26
January 9, 1985
Authorization to Execute Cooperative
Agreement with County -- Modification
of Traffic Signals at Lynwood Drive and
Del Rosa Avenue
Dept:
Date:
Synopsis of Previous Council action:
8-20-84
12-3-84
Traffic report approved and authorization granted to proceed with
project implementation.
Plans approved and authorization granted to advertise for bids.
Draft Cooperative Agreement approved in principle, and Director of
Public Works/City Engineer directed to finalize A9reement and present
a recommendation for award of a contract.
7-09-84
Recommended motion:
Adopt resolution.
cc: John Matzer, Jr., City Admin.
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Signature
Supporting data attached: Sta ff Report & Agreement
Ward:
5025
7
Contact person:
Roger G. Hardgrave
Phone:
FUNDING REQUIREMENTS:
Amount:
N/A
Sou ree:
Finance:
Council Notes:
75-0262
""". ",m NO~
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~I~ OF SAN BERNARDQo - REQUe;n. FOR COUNCIL ~
STAFF REPORT
The proposed Cooperative Agreement has been reviewed by,appropriate
County personnel and found to be acceptable, except for some minor revisions
requested by County Counsel. These revisions consist of some changes in the
1anguage of Section 2.2 and addition of Section 3.3. We have no problem with
these revisions.
The Agreement provides, in general, that the City will act as lead
agency for the modification of the signals and finance the total estimated
cost. Also, that the County will reimburse the City for 50% of the project
contract and construction engineering costs. This reimbursement is to be
made in the amount of $4,000.00 within 30 days after receipt of a bill, with
the remainder to be remitted in the 1985-86 Fiscal Year, subject to the
extent that funds are allocated in the County's Fiscal Year 1985-86 Road
8udget.
We recommend that the Agreement be approved. This Agreement will
be presented to the Board of Supervisors at their meeting of 1-14-85 for
approval.
75.0264
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'_',I'llI III
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ~A&~JIIL
OF A COOPERATIVE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RElATIIfI .,
MODIFICATION OF TRAFFIC SIGNALS AT LYNWOOD DRIVE AND DEL ROSA AVENUE. "
BE IT RESOLVED BY THE MAYOR AriD COIMlN COUNCIL OF THE CITY .,
SAN BERtcARDINO AS FOLLOWS: .
SECTION 1. The Mayor of the City of San Bernardino is ~.
authorized and directed to execute, on behalf of said City, A Cooperat",
Agreement with the County of Sin Bernardino relating to modification .,,~
traffic signals at Lynwood Drive and Del Rosa Avenue, which agreeMent f.
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attached hereto, marked Exhibit "A" and incorporated herein by reftlln,.:
as fully as though set forth at length.
SECTION 2. The agreement shal,l not take effect 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 thoreto shall be iMplied or authorized.
I HEREBY CERTIFY that the foregoing resolution was duly acla...lqllr"
"'.~,~ t~O::
by the Mayor and CORll1On Council of the City of San Bernardino at a
meeting thereof, held on the
1985, by the following vote, to wit:
day of
,
AYES: Council Members
NAYS:
ABSENT:
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The foregoing resolution is hereby approved this
, 1985.
0'
day of
Mayor of the City of San ~
Approved IS to form:
{1'tl/;&t~
City ttorney .I'
State of Cal ifornia )
County of San Bernardino ) SS
City of San Bernardino )
I do hereby certify that the foregoing Resolution No.
is a full, true and correct copy of that now on file in this office.
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IN WITNESS WHEREOF, I have hereunto
seal of the City of San Bernardino, this
1985.
set my hand and affixed t__~
day of'!,
Ci ty C1 erk
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fill
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COOPERATIVE AGREEMENT
This Agreement, entered into on this day of
198 , by and between the County of San Bernardino, hereinafter referred
to as "County", and the City of San Bernardino, a municipal corporation;
hereinafter referred to as "City".
WITNESSETH:
WHEREAS, the traffic signals at the intersection of Lynwood Drive
and Del' Rosa Avenue are in need of modification in order to adequately
accommodate the traffic volumes; and
WHEREAS, two of the four approaches to this intersection are under
the jurisdiction of the County, and
WHEREAS, both County and City mutually desire to cooperate and jointly
participate in the proposed modification of the traffic signal s at Lynwood
Drive and Del Rosa Avenue, hereinafter referred to as "project"; and
WHEREAS, County and City desire to set forth the responsibilities
and obligations of each agency in relation to the modification of these
traffic signals.
NOW. THEREFORE, it is mutually agreed as follows:
1.0 City Agrees:
1.1 To act as lead agency for the modification of these traffic signals.
1.2 To contact the various utility companies that may have facilities
in conflict with the proposed modification, and make the necessary
arrangement for relocation to facilitate the work.
1.3 To have these traffic signals modified lDlder a construction contract.
EXHI8IT "A"
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1.4 To finance the total cost of the p..oposed modification, estimated
at $80,000.00.
1.5 To obtain a no cost const..uction pe..mit from the Cotmty Transpo..ation
Depa..tment fo.. all work within the County Road ..ight-of-way.
2.0 County Ag..ees:
2.1 To cont..ibute $4,000 towa..d the cost of the p..oject within 30
days afte.. ..eceipt of a bill.
2.2 To ..eimbu..se City in an amount not to exceed 50~ of the total
cost of the p..oject cont..act plus const..uction enginee..ing, less
the $4,000.00 cont..ibution made unde.. Section 2.1, p..oviding
and to the extent funds a..e made available in County's Fiscal
Yea.. 1985/86 Road Budget. Any payment of FY 1985/86 funds shall
be made afte.. completion of the p..oject.
3.0 It is Mutually Ag..eed as Follows:
3.1 Neithe.. pa..ty to this Ag..eement no.. office..s nor employees the..eof
shall be ..esponsible fo.. any damage 0.. liability occu....ing by
..eason of anything done 0" omitted to be done by the othe.. pa..ty
to the Ag..eement unde.. 0.. in connection with any wo..k, autho..ity
0" ju..isdiction not delegated to the pa..ties unde.. this Ag..eement.
It is also ag..eed that, pu..suant to Gove..nment Code Section 895.4,
each pa..ty shall fUlly indemnify and hold the othe.. pa..ty ha..mless
f..om any liability imposed fo.. inju..y (as defined by Gove..nment
Code Section 810.8) occu....ing by ..eason of anything done 0.. omitted
to be done unde.. 0.. in connection with any work autho..ity of
ju..isdiction unde.. this Ag..eement.
3.2 This Ag..eement may be amended 0.. modified at any time upon mutual
ag..eement of the pa..ties he..eto.
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3.3 This Agreement shall terminate on June 30,
COUNTY OF SAN BERNARDINO
Chairman, Board of Supervisors
Dated
ATTESTED:
Clerk of the Board of Supervisors
APPROV~D AS TO FORM
,
DATE~"\~ ,("
ALAN K. AR S. COUNTY COUNSEL
SAN BERNARDINO COUNTY, CALIFORNIA
BY
'7"L
. DEPUTY
CITY OF SAN BERNARDINO
Dated
Title
Address: 300 No th "D" Street
ATTESTED:
Ci ty Clerk
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F~rm:
Approved as to
,4-1t;