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ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Subject: Resolution approving State Street Overhead
Lighting Maintenance Agreement with the County of
San Bernardino for maintenance of lighting for the
University Parkway Grade Separation Project (Crp
SS04-52).
Dept: Development Services
Date: 01/08/09
File: 1.7324
MCC Date: 02/17/09
Synopsis of Previous Council Action:
01/22/07
Resolution No. 2007-28 adopted approving Overhead Agreement with Burlington
Northern Santa Fe (BNSF) Railway Company and County of San Bernardino and
the San Bernardino Associated Governments (SANBAG) for the University
Parkway Grade Separation Project.
06/04/07
Resolution No. 2007-171 adopted approving a Supplemental Agreement to the
Overhead Agreement with Burlington Northern Santa Fe (BNSF) Railway
Company and County of San Bernardino and the San Bernardino Associated
Governments (SANBAG) for the University Parkway Grade Separation Project.
Recommended Motion:
Adopt Resolution.
~ O.1?W
Valerie C. Ross
Contact Person: Robert Eisenbeisz, City Engineer
Phone: 5203
Supporting data attached: Staff Report,
Agreement
Reso,
Ward(s): 6
FUNDING REQUIREMENTS:
Amount:
Council Notes:
Agenda Item No. -11
1...t1-oQ
CITY OF SAN BERNARDINO REOUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution approving State Street Overhead Lighting Maintenance Agreement with the County
of San Bernardino for maintenance of lighting for the University Parkway Grade Separation
Project (CIP SS04-52).
Backl!:round:
On January 22, 2007, a Construction and Maintenance (C&M) Agreement with SANBAG,
BNSF Railroad and the County of San Bernardino was approved authorizing SANBAG to
proceed with the construction of the University Parkway Grade Separation over Cajon Boulevard
and the BNSF Railroad. This construction was accomplished by SANBAG at no cost to the City
and has been completed. The Agreement obligates the City to maintain or pay the cost of
maintaining certain portions of the structure. One of those responsibilities is maintenance of the
lighting for the entire structure. The County is obligated to reimburse the City for the cost of
maintaining the lights within the County's jurisdictional boundary.
On June 4, 2007, a Supplement Agreement to the C&M Agreement was approved to adjust
BNSF's contribution pursuant to applicable law towards Project costs including Project
construction costs. This Supplemental Agreement did not change any of the obligations of the
City or County required by the original C&M Agreement.
The County has no street light maintenance program and has submitted the attached State Street
Overhead Lighting Maintenance Agreement which adds a total of 18 lights on Nolan Street,
Short Street and Cajon Boulevard at State Street (See Attachment "I") to the list to be
maintained by the City. Although the County does not normally install street lights in semi-rural
areas, these lights were installed because they were needed for traffic safety on the approaches to
the grade separation project.
The County is requesting that the City maintain the lights on Nolan Street, Short Street and
Cajon Boulevard at State Street in addition to the lights on the University Parkway Grade
Separation over the BNSF tracks. The County will, upon receipt of billing from the City,
reimburse the City for 100 percent of the cost for the lighting maintenance that is within the
County's ownership as defined by the railroad C&M Agreement.
Since street lights are maintained by the Public Services Department, it will be necessary for that
Department to track all maintenance costs, including electrical, for the portions of the structure,
Nolan Street, Short Street and Cajon Boulevard at State Street located in the County area and bill
the County periodically for its share of the cost.
Public Works and Public Services staff have reviewed the proposed Overhead Lighting
Maintenance Agreement and feels that this cooperative agreement will work in the best interest
of both agencies.
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01/29/20091:01 PM
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT (Cont.)
Financial Impact:
Since the County will reimburse 100% of the cost of all maintenance under terms of this
Agreement. Therefore, will be no cost to the City.
The County will pay the cost of electrical energy directly to Southern California Edison
Company.
The estimated annual cost for the City to maintain the 18 lights in the County area is as follows:
Number &
Type of Light
Yearly Maintenance Cost
TOTAL
Ilea "B" - 9500 Lumen
7 ea "C" -16000 Lumen
$185
185
TOTAL $370
$2,035
1.295
$3,330
These costs will be paid from the operating budget of the Public Services Department and billed
to the County annually.
Recommendation:
Adopt Resolution.
Attachments:
Attachment I - Location of lights to be maintained
3
01/29/2009 1:01PM
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING STATE STREET OVERHEAD LIGHTING
AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR MAINTENANCE
OF ADDITIONAL LIGHTS FOR THE UNIVERSITY PARKWAY GRADE
SEPARATION PROJECT (CIP SS04-52).
WHEREAS, on January 22, 2007, the Mayor and Cornmon Council adopted Resolution
No. 2007-28 approving an Overhead Agreement with Burlington Northern Santa Fe (BNSF)
Railway Company, the County of San Bernardino, and the San Bernardino Associated
Governments (SANBAG) for the University Parkway Grade Separation Project (CIP SS04-52),
and
WHEREAS, on June 4, 2007, the Mayor and Cornmon Council adopted Resolution No.
2007-171 approving a Supplemental Agreement to the Overhead Agreement with Burlington
Northern Santa Fe (BNSF) Railway Company, the County of San Bernardino, and the San
Bernardino Associated Governments (SANBAG) for the University Parkway Grade Separation
Project (CIP SS04-52), and
WHEREAS, the County of San Bernardino has requested approval of the attached State
Street Overhead Lighting Maintenance Agreement to add Nolan Street, Short Street and Cajon
Boulevard at State Street in the County unincorporated area to the list of locations to be
maintained by the City in connection with the University Parkway Grade Separation Project.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized and directed to execute the
attached State Street Overhead Lighting Maintenance Agreement with the County of San
Bernardino for the University Parkway Grade Separation Project (CIP SS04-52), attached and
incorporated herein as Exhibit" I ".
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RESOLUTION APPROVING STATE STREET OVERHEAD LIGHTING
AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR MAINTENANCE
OF ADDITIONAL LIGHTS FOR THE UNIVERSITY PARKWAY GRADE
SEPARATION PROJECT (CIP SSM-52).
SECTION 2. The attached State Street Overhead Lighting Maintenance shall not take
effect or become operative until fully signed and executed by the parties and no party shall be
obligated hereunder until the time of such full execution. No oral agreements, amendments,
modifications or waivers are intended or authorized and shall not be implied from any act or
course of conduct of any party.
SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it
within ninety (90) days of passage of the resolution.
III
III
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RESOLUTION ... APPROVING STATE STREET OVERHEAD LIGHTING
AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR MAINTENANCE
OF ADDITIONAL LIGHTS FOR THE UNIVERSITY PARKWAY GRADE
SEPARATION PROJECT (CIP SS04-S2).
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
,2009, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
BAXTER
BRINKER
11
12
KELLEY
13
(VACANT)
JOHNSON
14
15 MC CAMMACK
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17
City Clerk
18
The foregoing resolution is hereby approved this
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day of
,2009.
Patrick J. Morris, Mayor
City of San Bernardino
:; ~
SF. PENMAN
Attorney
COUNTY OF SAN BERNARDINO
FAS
STANDARD CONTRACT
J;"flll rnfllVT'V 1T~t:' flNI V
EXHIBIT "1"
.-..---.... ----."--
.x.. New Vendor Code Dept. Contract Number
- Change SC TRA A
Cancel
County Department Dept. Orgn. Contractor's License No.
Public Works - TransDortation TRA TRA
County Depar1rT1ent Contract Representative Telephone Total Contract Amount
Brendan BiQQS 909387-8166 SO
Contract Type
o Revenue o Encumbered 00 Unencumbered o Other:
If not encumbered or revenue contract type, provide reason: Maintenance Aoreement
Commodity Code I Contract Start Date Contract End Date Original Amount This Amendment
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig. Amount
SAA TRA TRA 200 2445 01H14157 $0
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig. Amount
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig. Amount
Project Name Estimated Payment Total by Fiscal Year
State Street Overhead FY Amount I/D FY Amount liD
Liahtina
Maintenance -
-
Contract Type - Special - -
(Risk Management Approved)
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino,
hereinafter called the COUNTY, and
CITY OF SAN BERNARDINO
300 NORTH "D" STREET
SAN BERNARDINO. CA 92418-0001
Telephone Federal 10 No. or Social Security No.
(909) 384-5211
Name
Address
hereinafter called:
CITY
IT IS HEREBY AGREED AS FOllOWS:
WITNESSETH
WHEREAS, the County of San Bernardino (COUNTY), the City of San Bernardino (CITY), and
San Bernardino Associated Governments (SANBAG) entered into an agreement (Railroad
Agreement) regarding construction of the railroad overhead structure and new roadway alignment to
carry State Street/University Parkway traffic over and across BNSF's "Rail Corridor" and tracks by
means of a concrete structure to be known as the State Street/University Parkway Grade Separation'
(Structure); and
WHEREAS, under the Railroad Agreement, the CITY has agreed to maintain all of the lighting
for the entire structure and COUNTY has agreed to reimburse the CITY for the costs to maintain that
portion of the structure lighting, including energy costs, that is located within COUNTY's ownership of
the Structure; and
WHEREAS, two additional meters for the traffic signals and two additional meters for the
street lights and additional soffit lights, as shown on the City's street light wiring diagrams were
installed during the construction of the Structure , to serve Nolan Street, Short Street and Cajon
Boulevard at State Street in the COUNTY unincorporated area; and
Auditor / Controller- Recorder Use Onlv
o Contract Database 0 F AS
Input Date I Keyed By
Page 1 of 4
'.
WHEREAS, the energy costs associated with the additional meters have been assigned to the
COUNTY for Southern California Edison (SCE) invoices; and
WHEREAS, it is anticipated that the funding for the maintenance and repair of Structure
lighting will be from COUNTY road funds; and
WHEREAS, the COUNTY and the CITY desire to set forth responsibilities and obligations of
each as pertains to maintenance of the street lights for the above listed streets.
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1.0 CITY AGREES TO:
1.1 Operate and maintain the lighting along Nolan Street, Short Street, and Cajon Boulevard at
State Street, as shown on the City's street light wiring diagram within the unincorporated area
of the COUNTY.
1.2 Invoice the COUNTY for 100 percent of the costs for the lighting maintenance that is within
COUNTY's ownership of the Structure as defined in the Railroad Agreement.
2.0 COUNTY AGREES TO:
2.1 Permit the CITY to operate and maintain the lighting along Nolan Street, Short Street, and
Cajon Boulevard at State Street, as shown on the City's street light wiring diagram within the
unincorporated area of the COUNTY.
2.2 Reimburse the CITY 100 percent of the costs for the lighting maintenance that is within
COUNTY's ownership of the Structure as defined in the Railroad Agreement.
2.3 Upon receipt of the invoice from SCE, to pay 100 percent of the energy cost associated with
the State Street Overhead Structure.
,.0 IT IS MUTUALLY AGREED:
3.1 COUNTY agrees to indemnify and hold harmless the CITY, its officers, employees, agents,
and volunteers from any and all liabilities for injury to persons and damage to property arising
from the negligence of the COUNTY, its officers, employees, agents or volunteers in
connection with COUNTY's performance of its obligations under this Agreement.
3.2 CITY agrees to indemnify and hold harmless the COUNTY, its officers, employees, agents,
and volunteers from any and all liabilities for injury to persons and damage to property arising
from the negligence of the CITY, its officers, employees, agents or volunteers in connection
with CITY's performance of its obligations under this Agreement.
3.3 In the event the COUNTY and/or the CITY is found to be comparatively at fault for any claim,
action, loss or damage which results from their respective obligations under the Agreement,
the COUNTY and/or CITY shall indemnify the other to the extent of its comparative fault.
Furthermore, if the COUNTY or CITY attempts to seek recovery from the other for Workers'
Compensation benefits paid to an employee, the COUNTY and CITY agree that any alleged
negligence of the employee shall not be construed against the employer of that employee.
3.4 In the event of litigation arising from this agreement, each Party to the agreement shall bear
its own costs, including attorney fees. This paragraph does not apply to costs or attorney fees
relative to Paragraphs 3.1 and 3.2 relating to indemnification.
3.5 COUNTY and CITY are authorized self-insured public entities for purposes of Professional
Liability, Automobile Liability, General Liability, and Workers' Compensation and warrant that
through their programs of self-insurance, they have adequate coverage or resources to
protect against liabilities arising out of COUNTY and CITY's performance of this Agreement.
3.6 The terms and conditions set forth in the original Railroad Overhead Agreement (Agreement
No.07-0016, dated 1/9/07) between Burlington Northern and Santa Fe Railway Company, San
Bernardino Associated Governments, the COUNTY and the CITY shall continue in full force
and effect.
3.7 This Agreement may be cancelled upon thirty (30) days written notice of either Party.
Page 2 of 3
3.8 This Agreement contains the entire agreement of the Parties with respect to subject matter
hereof, and supersedes all prior negotiations, understandings or agreements. No supplement,
modification, or amendment of this Agreement shall be binding unless executed in writing and
signed by both parties.
3.9 This Agreement shall be governed by the laws of the State of California. Any action or
proceeding between CITY and COUNTY concerning the interpretation or enforcement of this
Agreement, or which arises out of or is in any way connected with this Agreement, shall be
instituted and prosecuted in the appropriate state court in the County of San Bernardino,
California.
3.10 Time is of the essence for each and every provision of this Agreement.
3.11 Since the Parties or their agents have participated fully in the preparation of this Agreement,
the language of this Agreement shall be construed simply, according to its fair meaning, and
not strictly for any or against any Party. Any term referencing time, days or period for
performance shall be deemed work days. The captions of the various articles and paragraphs
are for convenience and ease or reference only, and do not define, limit, augment, or describe
the scope, content, or intent of this Agreement.
3.12 No waiver of any default shall constitute a waiver of any other default or brief, whether of the
same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given
or performed by a Party shall give the other Party any contractual rights by custom, estoppel,
or otherwise.
3.13 If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or
otherwise unenforceable, the remaining provisions shall continue in full force and effect,
unless the purpose of this agreement is frustrated.
3.14 This Agreement may be signed in counterparts, each of which shall constitute an original.
THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both Parties.
IN WITNESS WHEREOF, the Parties to these presents have hereunto set their hands.
COUNTY OF SAN BERNARDINO
( rint or type name of corporation, company, contractor, ete.)
~
By ~
(Authorized signature - sign in blue ink)
, Chairman, Board of Supervisors
Dated:
Name Mark W~inhpr2
(Print or type name of person signing contract)
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Dena M. Smith
Clerk of the Board of Supervisors
of the County of San Bernardino.
Titie Interim City Manager
(Print or rype)
Dated:
By
Address 300 North "D" Street
Deputy
San Bernardino, CA 92418
Reviewed by Contract Compliance
Presented to BOS for Signature
Approved as to Legal Form
~
County Counsel
~
~
Department Head
Date
Date
Date
AP ROVED AS TO FORM:
?~
MES F. PENMAN, City Attorney Page30f3