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RESOLUTION (ID # 3452) DOC ID: 3452 G
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Tony Frossard M/CC Meeting Date: 03/02/2015
Prepared by: Linda Dortch, (909) 384-
5140
Dept: Public Works Ward(s): 1, 2, 4, 5, 7
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Execution of Amendment No. One to the Master Agreement with the City of
Highland to Share the Maintenance and Operation Cost for Traffic Signals and Highway
Lighting Facilities at Intersections Where at Least One Leg of the Intersection is in One
Space or the Other's Jurisdiction. (#3452)
Current Business Registration Certificate: Not Applicable
Financial Impact:
There is no financial impact associated with this action since there is no change to the
maintenance obligations of the City. The costs associated with the subject maintenance
activities are included in the City's adopted budget for FY 2014-15 (Account No. 126-
400-5502-0093 - Traffic Signal Maintenance).
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
07/05/1988 Resolution No. 88-223 was approved, authorizing the execution of a
Master Agreement for Maintenance of Traffic Signals and Intersection
Lighting with the City of Highland.
Background:
The Public Works Department, Operations & Maintenance Division, is responsible for
maintaining approximately 300 signalized intersections throughout the City. Currently
there are nine signalized intersections that have at least one leg in the City of Highland's
jurisdiction. Effective July 5, 1988, the City and the City of Highland entered into an
agreement wherein the City and the City of Highland agreed to share the maintenance
and operation costs for the traffic signals and safety lighting facilities at these nine
intersections. As allowed by the agreement, the City of Highland and the City Engineer
have approved various amendments to the Agreement, as new facilities were
constructed over the past 20 years.
The City and the City of Highland staff believe it is appropriate to update the Master
Agreement, considering various changes that have occurred over the past 20 years.
This proposed amendment reflects an update to the list of intersections and facilities
listed in Exhibit "A" of the Agreement, which includes the removal of two intersections
that are addressed in a separate three-party agreement between the City, County of
Updated: 2/25/2015 by Georgeann "Gigi" Hanna G Packet Pg.370
5.J
3452
San Bernardino, and City of Highland. The two intersections that were eliminated are
Del Rosa Drive/Baseline Street and Pacific Street/Sterling Avenue. Since the
maintenance costs are already being shared by both agencies, there is no additional
cost associated with this amendment.
Staff is requesting that the Mayor and Common Council authorize the execution of a
10th amendment to the agreement.
City Attorney Review:
Supporting Documents:
Reso (DOC)
agrmt 3452 (PDF)
New EXHIBIT B (Attachment 1 to Amendment No. 1) (DOCX)
Reso 88-223 (PDF)
Updated: 2/25/2015 by Georgeann "Gigi" Hanna G Packet Pg. 371
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO.
3 ONE TO THE MASTER AGREEMENT WITH THE CITY OF HIGHLAND TO
4 SHARE THE MAINTENANCE AND OPERATION COST FOR TRAFFIC SIGNALS
AND HIGHWAY LIGHTING FACILITIES AT INTERSECTIONS WHERE AT
5 LEAST ONE LEG OF THE INTERSECTION IS IN ONE SPACE OR THE OTHER'S
JURISDICTION.
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
7 CITY OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The City Manager is hereby authorized and directed to execute
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10 Amendment No. One to Master Agreement for Maintenance of Traffic Signals and Street T
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11 Lights with the City of Highland, a copy of which is attached and incorporated herein as v
12 Exhibit"A." E
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14 SECTION 2. The authorization to execute the above-referenced Amendment No.
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15 One is rescinded if it is not executed by both parties within sixty (60) days of the passage of o
16 this Resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO.
ONE TO THE MASTER AGREEMENT WITH THE CITY OF HIGHLAND TO
3 SHARE THE MAINTENANCE AND OPERATION COST FOR TRAFFIC SIGNALS
4 AND HIGHWAY LIGHTING FACILITIES AT INTERSECTIONS WHERE AT
LEAST ONE LEG OF THE INTERSECTION IS IN ONE SPACE OR THE OTHER'S
5 JURISDICTION.
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
7 and Common Council of the City of San Bernardino at a meeting
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8 thereof, held on the day of , 2015, by the following vote, to wit: s
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10 Council Members: AYES NAYS ABSTAIN ABSENT 0,
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11 MARQUEZ '
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VALDIVIA
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SHORETT in
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16 NICKEL
1'7 JOHNSON to
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18 MULVIHILL N
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Georgeann Hanna, City Clerk
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The foregoing resolution is hereby approved this day of , 2015 a
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24 R. CAREY DAVIS, Mayor
25 City of San Bernardino
26 Approved as to form:
GARY D. SAENZ, City Attorney
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28 By:
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Packet Pg.373
I AMENDMENT NUMBER ONE TO MASTER AGREEMENT FOR MAINTENANCE OF
2 TRAFFIC SIGNALS AND STREET LIGHTS BETWEEN THE CITY OF SAN
3 BERNARDINO AND THE CITY OF HIGHLAND
4
5 THIS AMENDMENT NUMBER ONE is made and entered into as of March 2, 2015 by
6 and between the CITY OF SAN BERNARDINO, a charter city ("CITY') and the CITY OF :
7 HIGHLAND ("HIGHLAND"). In consideration of the mutual covenants and conditions set forth
8 herein,the parties agree as follows: o
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9 1. This Amendment is made with respect to the following facts and purposes: 6
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10 a. On July 7, 1988,the CITY and HIGHLAND entered into that certain agreement E
11 entitled "Master Agreement for Maintenance of Traffic Signals and Street low
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12 Lights."("Agreement")
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13 2. Exhibit"B"to the agreement is hereby replaced by Attachment"I"to this Amendment
14 3. Except for the changes specifically set forth herein, all other terms and conditions of a
15 the Agreement shall remain in full force and effect.
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16 IN WITNESS THEREOF,the parties hereto have caused this Amendment Number One to
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17 be executed by and through their respective authorized officers, as of the date first above written. M
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CITY OF SAN BERNARDINO, CITY OF HIGHLAND
19 A Municipal Corporation
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21 By: a
Allen Parker, City Manager
22 APPROVED AS TO FORM:
23 Gary D. Saenz, City Attorney
24 tef
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EXHIBIT "B"
TRAFFIC SIGNALS &
INTERSECTION LIGHT MAINTENANCE c
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SCHEDULE I—MAINTAINED BY HIGHLAND y
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CITY OF CITY OF SAN c
No. LOCATION HIGHLAND BERNARDINO E
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NONE a
SCHEDULE II—MAINTAINED BY SAN BERNARDINO W
Maintenance & Operation-Cost Split
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CITY OF CITY OF SAN
NO. LOCATION HIGHLAND BERNARDINO
e�1. Del Rosa Drive/Third Street 50% 50% z0
2. Del Rosa Drive/Ninth Street 25% 75%
3. Del Rosa Avenue/Base Line Street 50% 50% E
4. Highland/Boulder 50% 50%
5. Highland/Piedmont 33-1/3% 66-2/3% E
6. Highland/Victoria 75% 25% 0
7. Tippecanoe/Ninth Street 25% 75%
8. Victoria Avenue/Third Street 50% 50%
9. Victoria Avenue/Fifth Street 25% 75% E
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5.J.d
1 RESOLUTION 88-223
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A MASTER AGREEMENT WITH THE CITY OF HIGHLAND
3 RELATING TO MAINTENANCE OF TRAFFIC SIGNALS AND STREET LIGHTS,
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
b SECTION 1. The Mayor of the City of San Bernardino is
6 hereby authorized and directed to execute on behalf of said .a
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City a master agreement with the City of Highland relating
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to maintenance of traffic signals and street lights. A copy o
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of the agreement is attached hereto marked Exhibit "A" and v
10 by this reference incorporated herein.
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San Q
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Bernardino, at a regular meeting held on the 5th P
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day of July , 19 88 , by the following vote, to wit:
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AYES: Council Members Estrada, Reilly, Flores, Maudlsey,
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Minor, Pooe-Ludlam, Miller N
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NAYS: None p
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ABSENT: None
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24 _ City Clerk
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28 June 22, 1988
Packet Pg. 376
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I Resolution authorizing execution of a master agreement with the
City of Highland relating to maintenance of traffic signals
2 and street lights.
3
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5 The foregoing resolution is hereby approved this 44t
6 day of July �, 1988.
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LYN WI COX, MAYOR v
10 City of San Bernardino
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15 Approved as to form !'
and legal content:
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City Att qfney
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28 June 22, 1988
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Exhibit "A"
MASTER AGREEMENT
FOR
MAINTENANCE OF TRAFFIC SIGNALS
AND STREET LIGHTS
T is er agreement, made and entered into this � o
day of _ _ 1988, by and between the City of
Highland, �a Wf al corporation of the State of California,
hereinafter ed to as "HIGHLAND" , and the City of San c Bernardino, a muncipal corporation of the State of California,
hereinafter referred to as "SAN BERNARDINO" , Jointly "the v
parties. "
WITNESSETH♦
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WHEREAS, certain traffic signals and street lights have d
been installed at various intersections that are partially within 4
both Highland and San Bernardino; and,
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WHEREAS, these traffic signals and street lights can °'
each be best maintained by one party; and, in n
WHEREAS, both Highland and San Bernardino do mutually
desire to set the terms and conditions under which these traffic
signals and street lights will be maintained and operated, and to
specify the distribution of cost for maintenance and operation. M
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NOW, THEREFORE, IT IS AGREED AS FOLLOWS: N
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1. This Agreement shall apply to the intersections o
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 Highland through its City Manager
or by the City of San Bernardino's through its Director of Public
Works/City Engineer, each to obtain the written consent of the c
other for such change. . Any approved revision to Exhibit "B" y
shall become a part of this Agreement and shall supersede and Q
cancel all previous additions.
2. This Agreement shall become effective on July 1,
1988.
3. The party responsible for the maintenance work or
provision of the services shall be as indicated in Exhibit "B",
except that utility owned intersection lighting will be
maintained by the utility owning same.
JFW:ss 1
June 27, 1988
Packet Pg. 378
4. HIGHLAND and SAN BERNARDINO shall at least semi-
annually bill each other for the cost of services provided and
shall provide a summary 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 indirect 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. o
6 . Where highway lighting, flashers, or other v
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 E
power costs thereon shall be shared between HIGHLAND and SAN a
BERNARDINO in the same manner as provided for sharing traffic Q
signal costs.
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Q 7. Routine maintenance work to be performed under this a'
agreement will include maintenance patrolling, furnishing of )
electric energy, and furnishing necessary repairs and/or
replacements as required to insure satisfactory service.
Installation of additional facilities is not a maintenance
function under this agreement. LO
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8. The net amount (actual cost less reimbursements or r,
contributions by other parties) of extraordinary expenses, such cN.,
as for the repair of extensive damage or replacement of Coo
components of the signal installation, shall be assessed directly o
' against the particular intersection involved, and shall be the
shared expense of the cities of HIGHLAND and SAN BERNARDINO based
upon the aforementioned ratio for share of costs, and as shown on
Exhibit "B" . These expenses shall be assessed regardless of
whether the actual damage occurred within either city's area of
the intersection. Invoices for said costs shall be itemized as M
to materials, including service and expense, salaries and wages, Q
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.
JFW:ss 2
June 27, 1988
Packet Pg. 379
S.J.d
9. This Agreement shall remain in full force and
effect until terminated by either party following a sixty ( 60)
day written notice of intention to terminate.
10. Neither HIGHLAND 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 HIGHLAND under this Agreement. It
is also agreed that, pursuant to Government Code Section 895.4,
SAN BERNARDINO shall fully indemnify and hold HIGHLAND harmless =
from any liability imposed for injury (as defined by Government
Code Section 810.8 ) occurring by reason of anything done or c'
omitted to be done by SAN BERNARDINO under or in connection with =
an work authority or °
Y y jurisdiction not delegated to HIGHLAND 0,
under this Agreement. v
Neither SAN BERNARDINO nor any officer or employee =
thereof, is responsible for any damage or liability occurring by E
reason of anything done or omitted to be done by HIGHLAND under
or in connection with any work, authority or jurisdiction not
deleted to SAN BERNARDINO under this Agreement. It is also Q
agreed that, pursuant to Government Code Section 895.4, HIGHLAND c
shall fully indemnify and hold SAN BERNARDINO harmless from any 2)
liability imposed or injury U)
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Section 810.8) occurring by reason of anything done or omitted to
be done by HIGHLAND under or in connection with any work,
authority or jurisdiction not delegated to SAN BERNARDINO under
this Agreement. N
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11 . This Agreement represents the entire Agreement M
between the parties and any amendments and/or addendums shall be
made in writing between the parties and attached to this o
Agreement. co
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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 .c
right in same. No party hereto shall be liable for any injury
occurring on any property covered by this Agreement except as Q
provided under the Tort Claims Act of the State of California,
and does not, by execution of this Agreement, waive any defense
to any action provided in such Act.
JFW:ss 3
June 27, 1988
Packet Pg. 380
S.J.d
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IN WITNESS WHEREOF, the partieh hereto have caused this
Agreement to be executed by their resp tive official thereunto
duly authorized.
ATTEST:{, l ,,, CIT �' HIGHLAND
City C1 rk ;t,_ Mayor
ATTEST: =CITFi .CN BERM I 0 x, yor o
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Approved as to form
and legal content: E
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June 27, 1988
Packet Pg. 381
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EXHIBIT "B"
TRAFFIC SIGNAL
AND
STREET LIGHT INSTALLATIONS
SCHEDULE 1 - MAINTAINED BY HIGHLAND
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Maintenance & Operation
Cost Split
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No. Location HIGHLAND SAN BERNARDINO E
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NONE Q
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SCHEDULE II - MAINTAINED BY SAN BERNARDINO N
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Maintenance & Operation
Cost Split N
No. Location HIGHLAND SAN BERNARDINO co
1. Del Rosa Drive at Third Street 50% 50%
2. Victoria Avenue at Third Street 50% 50%
3. Victoria Avenue at Fifth Street 25% 75%
4. Tippecanoe Avenue at Ninth Street 25% 75%
5. Del Rosa Avenue at Baseline Street 25% 75%* a
* 25% is within County. A bill for this amount will be submitted to County
under our Master Agreement.
Packet Pg. 382
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C I T Y O f
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an ]Bernardino
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P U B L I C W O R K a 1 E N 0 I N C 8 R I N 0 February 27, 1997
A O G E A G .
File No. 7.75-2,r,,—
H A R D G R A V E , R . C . E .
0 1 R E C T 0 R
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Mr. Sam Racadia, City Manager �
City of Highland a)
26985 East Baseline =
San Bernardino, CA 92346 0
Re: Master Agreement for Maintenance of Shared Traffic Signals and �
Intersection bighting - Ju:ae 22, 1988
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Dear Mr. Racadio: E
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A Revision of Exhibit "B11 is enclosed for your review and Q
signature, please sign and return at your earliest convenience.
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Pacific & sterling ( i leg is in City of Highland) N
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The costs for energy and maintenance will be 50% for Highland g and and �
25% for San Bernardino County and 25% for the City of San �
Bernardino under the same terms of accountability as set forth in N
the above-referenced Agreement. LO
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should you have any questions, please do not hesitate to contact 1,
the undersigned at (909) 384-5111. N
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Very truly yours, 0
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ROGER G. HARDGRAVE E
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Director of Public Works/City Engineer
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Enclosure
cc: Charles Temple, Signals & Street Lighting Supervisor
Jim Sharer, Manager Facilities Maintenance
0 0 0 N O R T H q S T R E [ T $ A N R E R N A R 0 1 N O ,
C A L I F. 92 4 1 6 • 00 01 (9 0 9) 3 9 4. 6 1 1 1 - 9 i 4 •S 1 12 - FAX! S 6 6.6 1 S S
Packet Pg. 383
EXHIBIT 'B"
TRAFFIC SIGNALS &
INTERSECTION LIGHTING MAINTENANCE
SCHEDULE I- MAINTAINED BXHIGHLAND a
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SAN
,11Qs LOCATION HIGHLAND BUNARDM 0
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NONE
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SCHEDULE H - MAINTAINED BY SAN BERNARDINO
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Maintenance & Operation-Cost Split Q
CITY OF SAN COUNTY OF
TAO.. LOCATION HIGHLAND BERNARDINO SAN BE
RNARDINO N
1. Del Rosa Drive/Third Street 50% 50%
Del Rosa Drive/Ninth Street 25% 75%
Del Rosa Drive/Base Line Street 25% 50% 25% v
4. Del Rosa Avenue/Base Line Street 50% 50%
5..- Highland/Boulder 50% 50% N
ti. Highland/Piedmont 33-1/3% 66-2/3% N
7. Highland/Victoria 75% 25% co
8. Tippecanoe/Ninth Street 25% 75%
9., Victoria Avenue/Third Street 50% 50% w
10. Victoria Avenue/Fifth Street 25% 75%
11. Pacific & Sterling 50% 25% 25% E
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Approved: Approved: a
Midlager, 6ty of gh and Director Public orks
City of San Bernardino
RAW Cat - Dom:
Rev. 2/27/97