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' . File No. 1. 375
crn OF SAN BERNORDlNO - MQUES"r lOR COU CIL ACTION
From:
Crt:
~R~ Authorization to Execute Standard
ROGER G. HARDGRAVE RfC'O..AOMIM. WDJect: Agreement -- Maintenance of
32 lU \~ 16 Traffic Signals at University
Public Works/Engineeri. KA1 /WI',,)' Parkway and Northpark Boulevard
5-31-89 . , ~
Synopsis of Previous Councilection:
12-08-86 -- Transfer of $5,000 from Account 772-302-24505 for pre-
liminary engineering.
05-11-87 -- Transfer of $35,500 from Account 772-301-24505 for
design and construction.
10-19-87 -- Accepted $50,000 from California S.tate University as
its share of cost and placed in Acct. #772-362-57375.
Transfer of $15,000 from Account No. 772-301-24505.
Budgeting of $50,000 in Federal-Aid. Urban Funds
approved.
03~07-88 Approved resolution accepting $50,000 from California
State University.
10-03-88 Finding of need for aealth & Safety made.
(Continued on 2nd Page)
DlIt8:
Recommended motion:
Occ:
Adopt resolution.
Jim Robbins
Jim Richardson
Jim Penman
Andy Green
Contect person: Roger G. Hardgrave
Staff Report, Agreement
Supporting dllt8 attached: and Resolution
Phone:
5025
Ward:
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FUNDING REQUIREMENTS:
Amount: $3,000/Year
Source: (Acct. No.! 001-306-52020 & 53402
(Acct. DescriDtionl
Salaries Perm/Full Time & Electric Charges
Traffic Sig~6M .& 0 -
Finance: ~ tjrJ--
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OUl1Cil Note$:
15-0262
Agenda Item No
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, CITY OF .SAN .RN&DINO - R.QUBST PQ.'COUNCIL ACTION
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STAFF REPORT
At the Council meeting of 3-7-88, authorization to
execute a Standard Agreement with the State of California was
authorized. This agreement provides for the State of California
to pay '50,000 toward the costs of installing traffic signals at
University Parkway and Northpark Boulevard. .
The proposed Standard Agreement provides, in general,
that the City will maintain the .traffic signals to. be installed
at the intersection of University Parkway and Northpark
Boulevard. Also, that the State of California will pay $1,000
per year for three years as their proportionate share of main-
taining .and operating these traffic signals and highway safety
lighting. .
The $1iOOO represents 25% of the estimated annual costs
for maintaining and operating these traffic signals. This per-
centage is based upon the fact that one of the four approaches
to this intersection is on State property.
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A provision is included in the agreement for .the annual
fee paid by the State to be renegotiated in three years.
Costs incurred by the City for maintaining and operating
these signals will be charged to the budgeted amounts for the
Traffic Signal M & 0 Section in the Engineering Division.
We recommend that the agreement be approved.
SYNOPSIS OF PREVIOUS COUNCIL ACTION Continued:
11-22-88
Resolution No. 88-444 adopted authorizing execution
of an agreement with California State University
granting a right of entry.
01-03-89 Negative Declaration adopted.
01-03-89 Finding made of consistency with IPD.
04-17-89 --Plans approved and authorization granted to adver-
tise for bids.
5-31-89
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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH CALIFORNIA STATE UNIVERSITY
3 RELATING TO THE MAINTENANCE AND OPERATION. OF TRAFFIC SIGNALS AT
TaE INTERSECTION OF UNIVERSITY PARKWAY AND NORTHPA~ BOULEVARD.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute, on behalf of said
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8 City, an agreement with California State University San
Bernardino, relating to the maintenance and operation of traffic
signals, and appurtenant facilities at University Parkway and
Northpark Boulevard, 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-
15 tions thereto shall not take effect or become operative until
16 fully signed and executed by both parties. The City shall not be
17 obligated hereunder unless and until the agreement is fully
18 executed and no oral agreement relating thereto shall be implied
19 or authorized.
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SECTION 3. This resolution is rescinded if the parties
21 to the agreement fail to execute it within sixty (60) days of the
22 passage of this resolution.
23 I HEREBY CERTIFY that the foregoing resolution waS dUly
24 adopted by the Mayor and Common Council of the City of San
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25 Bernardino at a
26 _day of
meeting thereof, held on the
, 1989, by the following vote, to-wit:
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AYES:
Council Members
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NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby apprOved this
day of
, 1989.
w. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
10 and legal content:
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James F. Penman
City Attorney
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5/31/89
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EXHIBIT -A-
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T1f1S\GHF.F.:\IE~T: m.,... .nd ..nll"r..d into this 1st dat.. of May 19~,
ill II", SI.I.. Hf (:.lifHrni., hy .nd h...lw....n St.ll" IIF C.liForni., thrOl'Kh its duly ...Il"cl"'( nr.PIMlillled,
qualifit"tl and adill~
I.. I", '. 011' OIlFICER ACTINQ 11'0" .TAn
~ocurement and Support
vi e .
- ATTORNEY GENERA~
Trustees of the California State University
"GaNeY , ,.., f'CI t 'f' St"'I', IIn CQN1lIACT HUM""
California State univers ty,
an Bernardino
o STATII AGI!NCY
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DEPT. O~ G.N. .....
CONTIIIOLLER
aT"Ta OP CAUPOftNIA
STD. a "'.Y. .1/.'1
AM. NO.
49890023
N A
(:tmt,...,", CONTRACTOR'S 1.0; HUM....
C F AN BE I
WIT"ESSETH: Thai the Contr.ctnr Fllr .nd in consid...ratinn of the cov...nant.. conditions, .gr.....mt'nt.. and stiplllations IIf lh.. St.ll'
h..,..ill.fll', "'l'r..",,,,..1. dOt's he-rl"by .Kr..... to Furnish to tht' Stalt' services and mate-rials. as Follows:
(~., fort" ,~('rl'in' ,,,1,,. rt'ndt',I,J IIf} Cti,"ru('tm, anlONnl lu hr paul Conl'dt'tOf, UnN" for rwr/ornl4"n> tlr C'Oft.,,,..Uon. and uttd('h ,milt!> anc/'''IH'fiju'atirmll. if UPlY.'
City will maintain and operate traffic siqnals at University Parkway and Northpark Boulevard,
bearinq all costs neceseary for such maintenance and operation.
In support of these services, State will pay City the sum of $1,000.00 per year. This payment
will be made in arrears, on a quarterly basis, upon receipt of an invoice from the City by the
Accountinq Office, California State University, 'San Bernardino, 5500 University Parkway,
San Bernardino, California, 92407-2397. In addition to this fixed service fee, State will pay
25\ of the unexpected cost of replacinq a malfunctioninq traffic siqnal controller and/or 25\
of the cost of repair to a siqnal standard or controller which is destroyed by a traffic
accident for which the damaqe could not be recovered from the driver.
This aqreement will commence with completion of the traffic siqnal installation and will
terminate three (3) years later, at which time the service fee will be reneqotiated,
~TINUEO ON 2 SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
T"t',prm-isillmi nil tlu.~ rt.\"t'fs.:' sic.Ic..IJt>rt-Hf l'uflstitutt' a l>art uf this a)trt"t'ment.
1\ \\Tr'ESS WIIEI\EOF, Ihis .ll"...m"1I1 h.s 1lt't'1I "',",'111...1 hy tl... p.rti..s h..,..lo, "1'0" tIlt' d.I,'Ii,st .I~I"" w,itt"lI.
f
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CONTRACTOR
an Bernardino
CONntACTOR .. OT14ft THAN AN 1NCIMOuAL. ST.UI w....n"." "'COfl~ATION.
""",,,..flI.....,PC.1
CITY OF SAN BERNARDINO
eT IAUT~In:O SlGNATUREI
AGENCY
,/
. Le nd
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........TWO NAME AND TITLE Of! PI!RSON SIGNING
W. R. Holcomb, Mayor
300 North "0" Street
San Bernardino CA 92418
TITL.1I
AOCNltI!SS
Procurement , Su port Services Officer
AMOUNT I!NCUM8.RED
8 3,000.00
U"'II"'CUM8EREO 8ALANCe:
MOGftAM/CATaClOfll''l' ICODe AND TITLI!'
FUND TIT..-
iO"toNAL UUJ
Department of Genera' Services
Use Only
s
VCf000003235
FISCAL. YEAR
ADJ. INCREASING ENCUMBRANCE ITEM
s
...0.... DECREASING ENCUM"'",NCI. 08JeCT OF I!XNNOITVR. ICOOl: AND TlTLEI
s
T...A. NO.
..It. NO.
OATlE
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.,,~, calth, tlWI t,1I mlulilimu. fm I'XI''''IJliUII !If" !mtll in ....'01.. . \J"lirl;.~t'UIU'(' ,\I"r."dl Sc.('timl I:JfJH hun'
'If'j'" c'/lm"Iit'd witll ulld II,is dut"lUu'nl i.~ t':("""Jt jrom 1('('ku'/II, tll,' J)",,,,r/mc'rl' oj FiJluru"j'.
OF FleER, SIGNING ON et:"',. 0fI TMl! AGENCY DAn..
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lIl\KraxlUlololtlUlUlOCWfolIoItI.Y~":!l.~YY.\llWlftlUI"-~~lIltItlIJIIliC<~lGIIlllI~
lWalt~~ilIl!.'{,l(.ll~lIlQ1ltl(A'illKKIQI~Wf.j(K~xJuoouuf~_
lOOQlQllQlllllWC~lOOfVW~'W"~ltK~'lX_.x."""~V~lQIitllillJCoYM)l~UlUlJWtlc
l(lflii~1lIptIX1l'1f.Y.""\\tIII>lIW\lll"~~1fIlKlloltIUUl:lXX
2. Tho' Cnntra..t"r. anti th.. all,'nts and ..lIlpl"y..... "l Cnntra..t"r. in lh.. I",rforman.... "I this allrt't"
nwnt. shall al't in an ind"'ll'",I..nl ,'apacil\" and nol as "Ilkers or ..mploy....s or all..nt, 01 Sial.. "I"
Calilornia.
:1 Tht- Statf" may terminah' this a~r~m('nt ","clllt> r~lit'vt'(1 nf th~" paymt"nt nf any clIllsid...ration tf)
Cfmtrac.'tur shulIl(1 Contrut,'tnr fail to rwrfnrm tht" {'()\"t"'nanb ht"r...in c..'ClIltaint"tl. . ht' tim... and in th...
l11allm'r h."rf'in prnvid('(I. III tilt' ('\'t'nt nf stich h'rminatinll lh(. Slult' may PW(.t"t'(i .\ it-h th... wurk in any
nl..tlUlt'r dt,t"I11t"t1 prop"'r by tilt, Stah', Tht, \.'nst to tht' Statt' shall- 1Jt> dt...luC'tt.d frum any ~Iml <lilt" th..
<:olllra(.'lor undt" this a~rt't'm('nt. ;111(1 th.., halanc(', if any. shallllt" paid the CU1Itra<:tor IIpOI1 dt~mand.
4. \\'ithutlt tht' writtl'1I ('UlIsPut 01" tht. Stalt., thi~ agret"mt>"t is nnt assi,:::nah1t.hy COl1tnldor t'itht>r in
whult'or in part.
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,~. Timt' is of tilt' t'SSt'II('t' inlhis altrt't'Im'ut.
0, :\0 uht'ratioll or \"urialioll 01" Iht. It"rms of Ihis ('untrad shaUll(. \"alid t1J1lt.ss m"'t.it> in \Hilill~ and
signt'd hy tlw parties hl'rt>to. and no oralllndt-'rstandillf( or u).!rf't'lIwnl lIul hu.'nrpurah~l ht'n.in. shalllw
hindiJl~ on allY 01" Iht. p~lrtit', Ilt'n'to.
7, Tilt' ('onsidt'raholl to I>t' paid COlllnadur, as pw\'idt>t.llit,ft'in. shall ht, in (.'ump..'usatioll fOT all of
(:ontra<:tor's e\lwlISt's ill('uTrt't1 in tht' pt.rl"orman(.... lu.rt"'ol". indudillJ!: traw'l alltl pt.'relit."I. IIl1lt'S5 nlht'T.
wiM> t''\prt'ssl~ so pw\'idt>d,
8. All contracts in excess of $10,000.00 will be subject to the
examination and audit of the Auditor General for a period of'three
years after final payment under this. contract.
9. Bysigning of this contract, the Contractor does swarunder penalty
of.perjury that no more than one final unappealable finding of contempt of
court by a Federal Court has been issued against contractor within the
immediately preceding two-year period becuase of Contractor's failure to
comply with an order of a Federal Court which orders Contractor to comply
with an order of the National Relations Board.
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STAIlDARO AGREEMENT 1149890023
CITY OF SAN BERNAROINO
PAGE 2 OF 2 PAGES
No officer or employee of the City shall be responsible for any damage or
liability occurring by reason of anything done or omitted to be done by
City under or ~n connection with any work, authority or jurisdicdoll hot
delegated to the City UlIder this agreement. It is also agreed that, pursuant
to Government Code .Section 895.4, the City shall fully inde_ify and hold
harmless the State of California, the Trustees of the California .State
University, CaUfornia State University, San Bernardino, and the employees,
officers and agents of each of them from any liability imposed by injury
(as defined.ihGovernment Code Section 810.8) occurring by reason. of anything
donllor omitted to be done by City Undllt or in connection with. any work,
authority or jurisdiction not delegated to the University under this agreement.