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File No. 1.375
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date:
10-28-88
R"C'O -AOMIM. OFF. .
t. . Subject: Approval of Agreement wlth
(l"lO \'~'I -" r-I,l 4: 3qalifornia State University
L"J I~.' oJ." Installation & Maintenance of
Traffic Signals @ University
Parkway and Northpark Boulevar
From:
ROGER G. HARDGRAVE
Dept:
Public Works/Engineering
Synopsis of Previous Council action:
10-03-88
Transfer of $5,000 for preliminary engineering approved.
Transfer of $35,000 to Acct. # 242-362-57376 approved.
Offer from California State University to participate
in the amount of $50,000 accepted, allocation of $50,000
in FAU Funds and transfer of $15,000 approved.
Resolution No. 88-73 adopted authorizing execution of
Standard Agreement with California State University.
Finding made of need for health & safety reasons.
12-08-86
05-11-87
10-19-87
03-08-88
Recommended motion:
Adopt resolution.
cc: Jim Robbins
Jim Richardson
Jim Penman
ft ~d~
Contact person: Roger G. Hardgrave
Staff Report,
Supporting data attached: Agreement & Resolution
Phone:
5025
Ward:
5
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.)
242-362-57375
Acct. Oescri
and Northpark Boulevard
Council Notes:
75-0262
Agenda Item No.
L/Cf
Ct.. ~ OF SAN BERNARD...40 - REQUE~: FOR COUNCIL ACT ..~N
STAFF REPORT
Plans are being prepared for the installation of traffic
signals at the intersection. of University Parkway and Northpark
Boulevard.
Three of the approach roadways are under the jurisdiction
of the City. However, University Parkway north of Northpark
Boulevard is on State property. Authorization to install and
maintain traffic signals and appurtenant equipment will be needed,
in order for the right-of-way to be certified to Caltrans, which
is required for Federal-Aid projects.
A draft Agreement was prepared and transmitted to the
California State University by our letter of 9-1-88. This
agreement provided, in general, that the University will grant the
City a right-of-way entry to install and maintain traffic signals.
Also, that the University will pay their proportionate share (25%)
of the operation and maintenance costs.
The University's reply was provided by letter of 10-25-
88, a copy of which is attached for reference. A statement was
made that the University is willing to grant the City the right to
enter the campus for installation and maintenance of the traffic
signals. However, a request was made that references to the
University paying a portion of the cost for maintenance and
operation be deleted, since they planned to request a waiver of
these costs from the Mayor and Council.
The proposed Agreement has been revised in accordance
with the University's comments. In the event that their request
for a waiver is not approved, another agreement will be needed to
cover maintenance and operation costs.
10-28-88
75-0264
C A L I FOR N I A 8 TAT E UN I V h. _. 8 IT Y · 8 A N B ERN A R D I 0
OFFICE OF THE VICE PRESIDENT FOR ADMINISTRATION AND FINANCE
TELEPHONE (7141887-7211
The Callfomta
State Unluerstly
October 25, 1988
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Mr. Roger G. Hardgrave
Director of Public Works
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Dear Mr. Hardgrave:
This is a follow up to our meeting. Thanks for discussing the
proposed changes to the agreement relating to the installation
and maintenance of a traffic signal near the entrance to the
campus.
The attached copy of the agreement shows the changes which we are
proposing. We are prepared to grant the city the right to enter
the campus for the installation and maintenance of the signal.
However, we have deleted reference to our paying a portion of the
maintenance fees as we plan to request a waiver of these charges
from the Mayor and city council. Because we are a public service
agency we believe that we should not be required to share in
these costs. The city is already receiving considerable benefit
from our educational programs and benefits from our presence as a
major employer.
If the proposed changes meet with your approval, please send us a
revised contract to sign.
Again, I want to express my appreciation for your cooperation.
sin~rylY ,
Y. / prg ~\.AA'~(
onard . Farwe{!--- - \,
vice President for
AdminiJtration and Finance
Attachment
cc: Vice President Rymer
William Shum
Jan Lemmond
5500 UNIVERSITY PARKWAY, SAN BERNARDINO. CALIFORNIA 92407.2397
,
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10/28/88
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AN AGREEMENT WITH CALIFORNIA STATE UNIVERSITY
RELATING TO THE GRANTING OF RIGHT OF ENTRY FOR INSTALLING,
OPERATING AND MAINTAINING TRAFFIC SIGNALS, HANDICAP RAMPS AND
APPURTENANT FACILITIES AT UNIVERSITY PARKWAY AND NORTH PARK
BOULEVARD.
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, an agreement with California State University - San
Bernardino, relating to the granting of a right of entry for
installing, operating and maintaining traffic signals, handi-
capped ramp 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. The agreement shall 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 thereto shall be
implied or authorized.
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 thereof, held on
the
day of
, 1988, by the following
vote, to-wit:
AYES:
Council Members
NAYS:
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10/28/88
RES: EXECUTING AGREEMENT WITH CfiL STATE UNIVERSITY RELATI~u
TO GRANTING OF RIGHT OF ENTRY FOR TRAFFIC SIGNALS
AT UNIVERSITY PARKWAY AND NORTHPARK BOULEVARD
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 1988.
Evlyn Wilcox, Mayor
City of San Bernardino
Approved as to form
and legal content:
Ci~
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EXHIBIT "A"
A G R E E MEN T
FOR INSTALLATION AND MAINTENANCE OF TRAFFIC SIGNALS AT
UNIVERSITY PARKWAY AND NORTHPARK BOULEVARD.
THIS AGREEMENT, made and entered into this ____day of
, 1988, by and between the City of San Bernardino,
a Charter City and Municipal Corporation ("City"), and California
State University - San Bernardino ("University").
WITNESSETH:
WHEREAS, the City and University have provided the
necessary funding for installation of traffic signals at
University Parkway and Northpark Boulevard; and
WHEREAS, three approach legs are under jurisdiction of
City, while the fourth is on University property; and
WHEREAS, University desires to grant City the right to
enter on State property to install, operate and maintain the
traffic signals, handicap ramps and appurtenent facilities; and
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. University grants City a right of entry for the express purpose
of installing, operating, and maintaining the traffic signals,
handicap ramps and appurtenant facilities to be installed
at University Parkway and Northpark Boulevard in said City,
in accordance with approved Plan No. 7567 on file in the office
of the Director of Public Works of said City.
2. 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 in
connection with any work, authority or jurisdiction not
delegated to the City under this Agreement.
It is
also agreed that, pursuant to Government Code Section
895.4, the City shall fully indemnify and hold
University 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 City under or in connection with any work,
authority or jurisdiction not delegated to the
University under this Agreement.
IN WITNESS WHEREOF, the parties hereto have set
their hands and seals the day and year first above written.
CITY OF SAN BERNARDINO
By
Mayor
City Clerk
CALIFORNIA STATE UNIVERSITY -
SAN BERNARDINO
Approved as to form
and legal conte t:
By
Vice President
Administration
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