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HomeMy WebLinkAbout39-Development Services ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution Authorizing execution of a Dept: Development Services cooperative agreement with the County of San Bernardino and the Date: July 26, 2006 San Bernardino City Unified School District for the installation of a File: flashing beacon device at the crosswalk located on Lynwood Drive at Merito Avenue, adjacent to Del Vallejo Middle School. MCC Date: August 21, 2006 Synopsis of Previous Council Action: None. Recommended Motion: 1. Adopt Resolution. Valerie C. Ross Contact person: Mark Lancaster, Deputy Director/City Engineer Phone: 3305 Supporting data attached: Staff Report,Map,Reso&Agreement Ward: 3� FUNDING REQUIREMENTS: Amount: $ 10,000 Source: (Acct. Nos.) 250-370-5504-7338 Acct. Description: City-Wide Traffic Signal Impovements Finance: Council Notes: 1�Z � p6 Agenda Item CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution authorizing execution of a Cooperative Agreement with the County of San Bernardino and San Bernardino City Unified School District for the installation of a flashing beacon device, signing and markings for a crosswalk located on Lynwood Drive at Merito Avenue, adjacent to Del Vallejo Middle School. Background: In the vicinity of the subject crosswalk and within the property limits of Del Vallejo Middle School, the north side of Lynwood Drive is in the City and the south side is in the County. The principal of Del Vallejo Middle School contacted the City and County with concerns about pedestrian safety at the subject crosswalk and requested a meeting between on-site school administrators, City staff, County staff and District staff to discuss ways to improve pedestrian safety at the subject location. County staff recommended the installation of flashing yellow beacons mounted on poles and mast arms for both eastbound and westbound traffic approaching the subject crosswalk. The intent is to supplement the signs and markings to get the attention of drivers, alerting them to the presence of the crosswalk. Subject to final approval, staff of all three agencies agreed to pursue a cooperative agreement to share in the cost equally. The total cost is estimated to be $30,000, with each agency responsible for one-third (1/3) of the cost or an estimated $10,000 each. The County agreed to lead the project and prepare the required construction documents. Under the terms of the three-party Agreement, the City as agreed under certain circumstances to pay its share of project costs that are in excess of$10,000, if such costs are incurred after bid opening for the installation work. The City has also agreed to undertake right-of-way acquisition, either through negotiation with property owners or through considering whether to I file eminent domain actions, and to pay right-of-way acquisition costs on the basis of t he proportion of such right-of--way being located either within the City or the County. The City has until 10 days after the receipt of public bids by the County to determine the final the Agreement to provide for termination of the costs of the protect. A provision is included m g p Agreement by any party prior to contract award and to allocate excess costs in addition to the $10,000, p a Y Y able b each party at the time of contract award. The County may proceed with the project and the award of the contract bid, if the bid costs do not exceed 25% of the estimated project costs. After completion of the project, all parties will be responsible for the payment of any excess project costs allocated to each party plus the City and the County will each be responsible for 50% of costs of the ongoing maintenance activities. p g FinancialIm act: i P The estimated cost to the City is approximately$10,000 and it will be paid through CIP Project No. TC-A"City-Wide Traffic Signal Improvements"(Account No. 250-370-5504-7338). el 2 t3-� /3 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT - Continued Recommendation: 1. Adopt Resolution. Attachments: "1"—Map. 3 At a went:'1" AR City San Bernardino, Cali ornia �. 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TC A ORIGINAL CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT MEMORANDUM TO: Mayor and Common Council FROM: Robert Eisenbeisz, Senior Civil Engineer SUBJECT: Cooperative Agreement - Lynwood Drive/Del Vallejo Middle School Pedestrian Crossing Flashing Beacons DATE: August 29, 2006 CC: Valerie Ross, Mark Lancaster At the August 21, 2006 meeting of the Mayor and Common Council, this item was continued so that staff could provide additional information. In early November, staff was contacted by the principal of Del Vallejo Middle School regarding concerns about pedestrian and traffic safety on Lynwood Drive in front of the school in light of a recent accident. The accident involved a student crossing Lynwood Drive in the crosswalk when a westbound vehicle struck him. Lynwood Drive is under both County and City jurisdiction in this area. Westerly of the school, Lynwood Drive, and the abutting property on both sides, is within County jurisdiction. Adjacent to the school the City/County boundary ine is located along the centerline of Lynwood Drive Y Y Y such that south of the centerline is City jurisdiction and north of the centerline is County jurisdiction. Easterly of the school, Lynwood Drive, and the abutting property on both sides, is within City jurisdiction. This results in a joint responsibility between the City and the County for the crosswalk and its advance warnings. This situation requires close cooperation between the agencies to provide proper advance markings and signing for the crosswalk. Staff visited the location to observe the condition of the crosswalk, signing and markings and found the signing and markings located in the City's jurisdiction(westbound approach)to be in place and in good condition. Staff also observed the number of students using the crosswalk, traffic conditions and the actions of drivers traveling on Lynwood Drive during school dismissal. Based upon the number of students crossing and the volume and speed of traffic on Lynwood Drive, it was determined that a traffic signal or other active warning device would be justified. � o. 39 Pursuant to the principal's request, staff attended a meeting at the school on November 17, 2005 to hear the concerns of school administrators and parents regarding the Lynwood Drive crosswalk and concerns about traffic safety. The meeting included school administrators,parents, district staff, school police, and SBPD. Unfortunately, County staff was unable to attend the meeting. School administrators and parents expressed concerns about the speed of traffic on Lynwood Drive, the number of students using the crosswalk and the failure of drivers to reduce their speed in advance of the crosswalk. The parents of the student involved in the recent accident were also present and they expressed concerns that the existing traffic control devices were not adequate. They wanted a crossing guard,but staff had to explain that the current policy is only to use crossing guards for elementary school students at locations that meet specific criteria with the cost equally shared between the District and the City. They were informed that the school district could elect to place a crossing guard at that location at their sole expense. Expansion of the program to include middle schools would likely result in a significant increase in the cost of the program. upon observations of the number of pedestrians using the crosswalk, it that based P Staff explained p hat time traffic signal. At t warrants for t was likely hat this location would meet one or more � Y there were concerns expressed about the timing and cost for a new traffic signal. The school administrators and p arents were lookin g for immediate action. Staff explained that because this location is also partially under the control of the County, a final decision could not be made without their concurrence. The meeting concluded with an understanding that we would meet again with the principal, his staff, and the County, as soon as the key person from the County returned from vacation. A follow-up meeting occurred at the school on December 13, 2005 and at that meeting Mr. Jacob Babico, County Traffic Engineer, suggested the use of flashing yellow beacons instead of a traffic signal. He felt that this would provide advance warning to get drivers' attention so that they hopefully will ho efull slow down before reaching the crosswalk area. The benefit of this device is that it can be designed and constructed relatively quickly compared to a traffic signal. Another benefit is that it can be programmed with operation that coincides with school arrival and departure times so that during other times it will not be active. One disadvantage is that the crosswalk remains uncontrolled, meaning that no devices are present to stop traffic at the crosswalk such as a traffic signal or stop sign. It is generally preferred to use crosswalks at controlled locations and avoid using them at"uncontrolled"locations, although there are several exceptions located throughout the City. In this case, the county felt that flashers would be more desirable than a traffic signal based upon cost and effectiveness. Mr. Babico's suggestion satisfied the principal and the school administrative staff because they wanted something to y Y pp q happen quickly. The Count proceeded with design and construction of the r enc basis with an understanding that there would eventually be a on an emergency flashing beacons g y g -wa agreement between the County, City and District. Staff received a copy of a draft three-way gr Y Y nt on May 23 2006 for staff review and comment. Staff found the draft agreement to be agreement , �' Y Ma acceptable for p Y presentation to the or and Council for approval. There have been concerns expressed about the height of the flashing beacons. The design specifies the use of standard poles,mast arms and equipment. Based upon staff's review of the site, it appears that the flashing beacons have been installed according to the design plans and specifications. The flashing beacons may seem to be too high when stopped at the crosswalk,but they are intended to be "advance" warnings, which means the focal point is several hundred feet in advance of the crosswalk area. The intent is to get drivers' attention far enough in advance to allow them time to perceive, react, and brake to an appropriate speed and/or stop in advance of reaching the crosswalk. The pavement markings and signs are intended to supplement the advance warnings by helping drivers identify the actual crosswalk location as they approach. In addition to the flashers, the crosswalk marking has been converted to a high visibility, "ladder" type crosswalk making it more visible to drivers. The flashers will only operate during the specified school arrival and departure hours and they will be inactive at all other times. It is staff's understanding that the District has signed the agreement and the City needs to sign the agreement before it can be presented to the County Board of Supervisors for final approval. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution Authorizing execution of a Dept: Development Services cooperative agreement with the County of San Bernardino and the Date: July 26, 2006 San Bernardino City Unified School District for the installation of a File: flashing beacon device at the crosswalk located on Lynwood Drive at Merito Avenue, adjacent to Del Vallejo Middle School. MCC Date: August 21, 2006 Synopsis of Previous Council Action: None. Recommended Motion: 1. Adopt Resolution. (/Valerie C. Ross Contact person: Mark Lancaster, Deputy Director/City Engineer Phone: 3305 Supporting data attached: Staff Report, Map,Reso&Agreement Ward: 3 FUNDING REQUIREMENTS: Amount: $ 10,000 Source: (Acct. Nos.) 250-370-5504-7338 Acct. Description: City-Wide Traffic Signal Impovements Finance: Council Notes: Agenda Item No. �7 4 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution authorizing execution of a Cooperative Agreement with the County of San Bernardino and San Bernardino City Unified School District for the installation of a flashing beacon device, signing and markings for a crosswalk located on Lynwood Drive at Merito Avenue, adjacent to Del Vallejo Middle School. Background: In the vicinity of the subject crosswalk and within the property limits of Del Vallejo Middle School, the north side of Lynwood Drive is in the City and the south side is in the County. The principal of Del Vallejo Middle School contacted the City and County with concerns about pedestrian safety at the subject crosswalk and requested a meeting between on-site school administrators, City staff, County staff and District staff to discuss ways to improve pedestrian safety at the subject location. County staff recommended the installation of flashing yellow beacons mounted on poles and mast arms for both eastbound and westbound traffic approaching the subject crosswalk. The intent is to supplement the signs and markings to get the attention of drivers, alerting them to the presence of the crosswalk. Subject to final approval, staff of all three agencies agreed to pursue a cooperative agreement to share in the cost equally. The total cost is estimated to be $30,000, with each agency responsible for one-third (1/3) of the cost or an estimated $10,000 each. The County agreed to lead the project and prepare the required construction documents. Under the terms of the three-party Agreement, the City as agreed under certain circumstances to pay its share of project costs that are in excess of$10,000, if such costs are incurred after bid opening for the installation work. The City has also agreed to undertake right-of-way acquisition, either through negotiation with property owners or through considering whether to file eminent domain actions, and to pay right-of-way acquisition costs on the basis of the proportion of such right-of-way being located either within the City or the County. The City has until 10 days after the receipt of public bids by the County to determine the final costs of the project. A provision is included in the Agreement to provide for termination of the Agreement by any party prior to contract award and to allocate excess costs in addition to the $10,000, payable by each party at the time of contract award. The County may proceed with the project and the award of the contract bid, if the bid costs do not exceed 25% of the estimated project costs. After completion of the project, all parties will be responsible for the payment of any excess project costs allocated to each party plus the City and the County will each be responsible for 50% of costs of the ongoing maintenance activities. Financial Impact: The estimated cost to the City is approximately $10,000 and it will be paid through CIP Project No. TC-A"City-Wide Traffic Signal Improvements"(Account No. 250-370-5504-7338). 2 d i* CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT - Continued Recommendation: 1. Adopt Resolution. 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The Mayor is hereby authorized and directed to execute a Cooperative 10 Agreement with the County of San Bernardino and the San Bernardino City Unified School 11 District for the installation of a flashing beacon device, signing and markings for the crosswalk 12 13 located on Lynwood Drive at Merito Avenue, adjacent to Del Vallejo Middle School. A copy of 14 the Cooperative Agreement is attached hereto as Exhibit "1" and incorporated herein by 15 reference. 16 SECTION 2. This Agreement and any amendment or modifications thereto shall not 17 . take effect or become operative until fully signed and executed by the parties and no party shall 18 be obligated hereunder until the time of such full execution. No oral agreements, amendments, 19 20 modifications or waivers are intended or authorized and shall not be implied from any act or 21 course of conduct of any party. 22 SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it 23 within one-hundred twenty (120) days of passage of the resolution. 24 25 26 27 28 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN - BERNARDINO AUTHORIZING EXECUTION OF A COOPERATIVE 3 AGREEMENT WITH THE COUNTY OF SAN BERRNARDINO AND THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR THE INSTALLATION OF A 4 FLASHING YELLOW BEACON DEVICE, SIGNING AND MARKINGS FOR A 5 CROSSWALK LOCATED ON LYNNVOOD DRIVE AT MERITO AVENUE, ADJACENT TO DEL VALLEJO MIDDLE SCHOOL. 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a meeting thereof, held on the 8 9 day of , 2006, by the following vote, to wit: 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 ESTRADA 12 BAXTER 13 VACANT 14 DERRY 15 KELLEY. 16 17 JOHNSON _ 18 MC CAMMACK 19 20 City Clerk 21 The foregoing Resolution is hereby approved this day of 2006. 22 23 24 PATRICK J. MORRIS, Mayor City of San Bernardino 25 Approved as to form: 26 "'' 27 Exhibit "1" FOR COLWTY USE ONLY New Vendor Code Dept. Contract Number Change SC TRA IA IUD Cancel COo NTy County Department Dept. Orgn. Contractor's License No. AN BERNARDIN Public Works—Transportation County Department Contract Representative Telephone Total Contract Amount i BRENDON BIGGS 387-8166 LEAD AGENCY—NO ENCUMBRANCE Contract Type ❑ Revenue ❑ Encumbered ® Unencumbered ❑ Other: If not encumbered or revenue contract type,provide reason: Lead a enc —no encumbrance Commodity Code Contract Start Date Contract End Date Original Amount This Amendment I � I I Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Ong.Amount COUNTY OF SAN BERNARDINO SAA TRA TRA 200 2445 17H14108 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig.Amount FAS Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Ong.Amount STANDARD CONTRACT Project Name Estimated Payment Total by Fiscal Year LYNWOOD DR. (a) DEL FY Amount I/D FY Amount I/D VALLEJO MS BEACON 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 Name and Name SAN BERNARDINO UNIFIED SCHOOL DISTRICT CITY OF SAN BERNARDINO Address Address 777 N "F" STREET 300 NORTH D STREET SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92418 Telephone Federal ID No.or Social Security No. Telephone Federal ID No.or Social Security No. (909) 381-1100 (909) 384-5211 IT IS HEREBY AGREED AS FOLLOWS: (Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.) WITNESSETH WHEREAS, the COUNTY OF SAN BERNARDINO (hereinafter referred to as COUNTY), the SAN BERNARDINO UNIFIED SCHOOL DISTRICT (hereinafter referred to as DISTRICT), and the CITY OF SAN BERNARDINO (hereinafter referred to as SAN BERNARDINO) desire to cooperate and jointly participate in the design, construction and construction management for the installation of a flashing beacon at the Lynwood Drive pedestrian crossing at Del Vallejo Middle School (hereinafter referred to as PROJECT); and WHEREAS, the PROJECT is partially (50%) within the unincorporated area of the COUNTY and partially (50%) within the incorporated area of SAN BERNARDINO, and will be of mutual benefit to the COUNTY, SAN BERNARDINO, and DISTRICT; and WHEREAS, the DISTRICT has agreed to pay a percentage of PROJECT costs as it will benefit from completion of the PROJECT; and Auditor/Controller—Recorder Use Only ❑Contract Database O FAS Input Date Keyed By Page 1 of 7 WHEREAS, it is anticipated that the funding for the PROJECT will be from COUNTY road funds, SAN BERNARDINO local funds, and DISTRICT local funds; and WHEREAS, the total PROJECT cost is estimated to be $30,000. COUNTY's share of PROJECT cost is estimated at $10,000 (33.4%), DISTRICT's share of PROJECT cost is estimated at $10,000 (33.3%), and SAN BERNARDINO's share of PROJECT cost is estimated at $10,000 (33.3%), as more particularly set forth in Exhibit "A", attached hereto and incorporated herein by reference; and WHEREAS, COUNTY, SAN BERNARDINO and DISTRICT desire to set forth responsibilities and obligations of each as pertains to such participation and to the design, construction, and funding of the proposed PROJECT. NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 1.0 COUNTY AGREES TO: 1.1 Act as the Lead Agency in the obtaining of environmental clearances, design, construction, and construction engineering of the PROJECT. 1.2 Provide plans and specifications and all necessary construction engineering for the PROJECT for prior review and approval by SAN BERNARDINO and DISTRICT. 1.3 Construct the PROJECT by contract in accordance with the plans and specifications of COUNTY, which have been reviewed and approved by SAN BERNARDINO and DISTRICT and the Caltrans Design Manual, 10 year life, to the satisfaction of and subject to concurrence of SAN BERNARDINO and DISTRICT. 1.4 Arrange for relocation of all utilities which interfere with construction of the PROJECT within the unincorporated area of the PROJECT site. 1.5 Obtain a no-cost permit from SAN BERNARDINO and temporary right-of-entry from DISTRICT for work within the respective right-of-way of each. 1.6 Advertise, award, administer, and fund the construction of the PROJECT, in accordance with the California Public Contract Code. 1.7 Require its contractors to maintain Workers' Compensation Insurance or a state-approved Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of the contractor and all risks to such persons under this Agreement. Comprehensive General Liability to include contractual coverage and Automobile Liability Insurance to include coverage for owned, hired and non- owned vehicles. The Comprehensive General and Automobile Liability policies shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000) and shall name SAN BERNARDINO, DISTRICT and the COUNTY as additional insured. Waiver of Subrogation Rights — Contractors shall require the carriers of the above required coverages to waive all rights of subrogation against the COUNTY, SAN BERNARDINO, DISTRICT, and their officers, employees, agents, volunteers, contractors and subcontractors. Policies Primary and Non-Contributory — All policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the COUNTY, SAN BERNARDINO, and DISTRICT. 1.8 Provide adequate inspection of all items of work performed under the construction contract(s) with COUNTY's contractors or subcontractors for the PROJECT and maintain adequate records of inspection and materials testing for review by SAN BERNARDINO and DISTRICT. COUNTY shall provide copies of any records of inspection and materials testing to SAN BERNARDINO or DISTRICT within ten (10) days of COUNTY's receipt of written demand from SAN BERNARDINO or DISTRICT for such records. 1.9 Pay for its proportionate share of the PROJECT costs. The PROJECT costs shall include the cost of PROJECT construction design, construction engineering, and overhead costs. 2of7 COUNTY's proportionate share of PROJECT costs is estimated at $10,000 (33.4% of PROJECT). COUNTY shall be responsible for the sum of $10,000, plus its proportionate share of any PROJECT cost increases pursuant to Section 4.6 below and pay such costs from COUNTY road funds. 1.10 Submit to SAN BERNARDINO an itemized accounting of actual PROJECT costs incurred by COUNTY to date and which have not already been paid by COUNTY, SAN BERNARDINO or DISTRICT. If SAN BERNARDINO's proportionate share exceeds the sum of $10,000 paid up- front by SAN BERNARDINO, the itemized accounting shall include a statement for SAN BERNARDINO's proportionate share of the PROJECT costs exceeding this amount, as provided herein. Costs shall be amended following acceptance of the final construction cost accounting by COUNTY, SAN BERNARDINO, and DISTRICT. 1.11 Submit to DISTRICT an itemized accounting of actual PROJECT costs incurred by COUNTY to date and which have not already been paid either by COUNTY, SAN BERNARDINO or DISTRICT, and a statement for DISTRICT's proportionate share of the PROJECT costs as provided herein. Costs shall be amended following acceptance of the final construction cost accounting by COUNTY, SAN BERNARDINO, AND DISTRICT. 1.12 Although not anticipated,•if right-of-way is needed, the COUNTY shall order title reports on such parcels. All costs associated with right-of-way acquisition shall be reimbursed by the responsible party dependent upon jurisdiction. For example, if a parcel to be acquired is located completely within the COUNTY (or SAN BERNARDINO), the COUNTY (or SAN BERNARDINO) shall pay all costs of right-of-way acquisition. If a parcel is located 75% in the COUNTY and 25% in SAN BERNARDINO, the COUNTY would pay 75% and SAN BERNARDINO would pay 25% of the costs of right-of-way acquisition. 1.13 Provide services to acquire the right-of-way if needed for the PROJECT, to include contacting owner or occupant, entering properties, appraising right-of-way parcels, inspecting and negotiating takes and easements including improvements. 1.14 Include completion of any applicable NEPA and CEQA requirements. 1.15 After acceptance of the construction contract work by COUNTY, SAN BERNARDINO, and DISTRICT, the COUNTY shall act as the Lead Agency in performing or causing the performance of maintenance activities for the PROJECT. Maintenance responsibilities shall include preventative maintenance and emergency maintenance. The COUNTY shall be responsible for 50% of the maintenance costs associated with the PROJECT. The remaining 50% of the maintenance cost shall be the responsibility of SAN BERNARDINO. 2.0 SAN BERNARDINO AGREES TO: 2.1 Pay for its proportionate share of the PROJECT costs. The PROJECT costs shall include the cost of PROJECT construction, design, construction engineering, and overhead costs. SAN BERNARDINO's proportionate share of PROJECT costs is estimated at $10,000 (33.3% of PROJECT). SAN BERNARDINO will pay the sum of $10,000, to the COUNTY after bid opening and prior to award of contract to the successful bidder. 2.2 Pay to COUNTY, on a reimbursement basis, its share of PROJECT costs in excess of the sum of $10,000 paid up-front by SAN BERNARDINO. This includes SAN BERNARDINO's portion of any PROJECT cost increases pursuant to Section 4.6 below. Such payment shall be made within thirty (30) days after receipt of an itemized statement as set forth in Section 1.10 of this Agreement setting forth all actual PROJECT costs incurred by COUNTY to date and which have not already been paid by COUNTY, SAN BERNARDINO, or DISTRICT, together with adequate documentation of said expenditures. 2.3 Pay for its proportionate share of those right-of-way costs for properties that are located within SAN BERNARDINO's jurisdiction. For example, if a parcel to be acquired is located completely within SAN BERNARDINO (or COUNTY), SAN BERNARDINO (or COUNTY) shall pay all costs of right-of-way acquisition. If a parcel is located 25% in SAN BERNARDINO and 75% in the COUNTY, SAN BERNARDINO would pay 25% and COUNTY would pay 75% of the costs of right- of-way acquisition. 2.4 Provide a no-cost permit to the COUNTY for its work in SAN BERNARDINO's right-of-way. 2.5 Although right-of-way acquisition is not anticipated, should COUNTY be unable to acquire the necessary right-of-way located within the limits of SAN BERNARDINO, then SAN 3 of 7 BERNARDINO, in consultation with COUNTY, shall consider using the power of Eminent Domain to acquire any necessary rights-of-way at a public hearing noticed and conducted in accordance with California Code of Civil Procedure, Section 1245.235 for the purpose of considering the adoption of a resolution of necessity. If SAN BERNARDINO elects to proceed with using its power of Eminent Domain, it shall do so in a timely manner and at no cost to the COUNTY. The parties acknowledge and understand that this Agreement does not obligate SAN BERNARDINO_in any way to use the power of Eminent Domain to acquire any rights-of- way within SAN BERNARDINO. SAN BERNARDINO's use of the power of Eminent Domain is conditioned by law upon certain findings and determinations that SAN BERNARDINO, in its sole discretion, must make in accordance with the California Code of Civil Procedure. SAN BERNARDINO makes no warranty or guarantee of the eventual result or outcome of its discretionary consideration of the use of Eminent Domain to acquire any rights-of-way within SAN BERNARDINO or of any actual Eminent Domain proceeding. In the event that COUNTY is unable to acquire the necessary right-of-way located within the limits of SAN BERNARDINO and SAN BERNARDINO is unable or unwilling to use Eminent Domain to acquire right-of-way, this Agreement shall be deemed to be terminated by mutual consent. In the event of termination as provided herein, all PROJECT costs required to be paid by the parties prior to the effective date of termination shall be paid by the parties in the proportion provided herein. 2.6 After acceptance of the construction contract work by COUNTY, SAN BERNARDINO, and DISTRICT, SAN BERNARDINO shall be responsible for 50% of the maintenance costs associated with the PROJECT as its fair share. Maintenance responsibilities shall include preventative maintenance and emergency maintenance. 3.0 DISTRICT AGREES TO: 3.1 Pay for its proportionate share of the PROJECT costs. The PROJECT costs.shall include the cost of PROJECT construction, design, construction engineering, and overhead costs. DISTRICT's proportionate share of PROJECT costs is estimated at $10,000 (33.3% of PROJECT). 3.2 Pay to COUNTY, on a reimbursement basis, its proportionate share of any PROJECT cost increases pursuant to Section 4.6 below, within thirty (30) days after receipt of an itemized statement as set forth in Section 1.11 of this Agreement setting forth all actual PROJECT costs incurred by COUNTY to date and which have not already been paid by either COUNTY, SAN BERNARDINO or DISTRICT, together with adequate documentation of said expenditures. 3.3 Provide a temporary right of entry to the COUNTY for its work in DISTRICT's property. 4.0 IT IS MUTUALLY AGREED: 4.1 COUNTY agrees to indemnify and hold harmless SAN BERNARDINO and DISTRICT, their officers, employees, agents, and volunteers from any and all liabilities for injury to persons and damage to property arising out of any act or omission of COUNTY, its officers, employees, agents or volunteers in connection with COUNTY's performance of its obligations under this Agreement. 4.2 SAN BERNARDINO agrees to indemnify and hold harmless the COUNTY and DISTRICT, their officers, employees, agents, and volunteers from any and all liabilities for injury to persons and damage to property arising out of any act or omission of SAN BERNARDINO, its officers, employees, agents or volunteers in connection with SAN BERNARDINO's performance of its obligations under this Agreement. 4.3 DISTRICT agrees to indemnify and hold harmless the COUNTY and SAN BERNARDINO, their officers, .employees, agents, and volunteers from any and all liabilities for injury to persons and damage to property arising out of any act or omission of DISTRICT its officers, employees, agents or volunteers in connection with DISTRICT's performance of its obligations # under this Agreement. 4.4 In the event the COUNTY and/or SAN BERNARDINO and/or DISTRICT 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 SAN BERNARDINO and/or DISTRICT 4 of 7 shall indemnify the other parties to the extent of its comparative fault. Furthermore, if the COUNTY, SAN BERNARDINO or DISTRICT attempts to seek recovery from the other parties for Workers' Compensation benefits paid to an employee, the COUNTY, SAN BERNARDINO and DISTRICT agree that any alleged negligence of the employee shall not be construed against the employer of that employee. 4.5 COUNTY, SAN BERNARDINO and DISTRICT are self-insured public entities for purposes of Professional Liability, Automobile Liability, General Liability, and Workers' Compensation. COUNTY, SAN BERNARDINO and DISTRICT warrant that through their programs of self- insurance, they have adequate Professional Liability, Automobile Liability, General Liability, and Workers' Compensation to provide coverage for liabilities arising out of COUNTY's, SAN BERNARDINO's, and DISTRICT's performance of this Agreement. 4.6 The parties acknowledge that final PROJECT costs may ultimately exceed current estimates of PROJECT costs. Any additional PROJECT costs resulting from increased bid prices or change orders (but not from unforeseen conditions or requested additional work by a party which are addressed in Section 4.8 below) over the estimated total PROJECT costs of $30,000 (which is the sum of $10,000 from COUNTY, $10,000 from SAN BERNARDINO, and $10,000 from DISTRICT) shall be borne by each party in proportion to where the work actually lies (based on jurisdiction) as part of the parties' respective obligations to pay for PROJECT costs. 4.7 COUNTY shall notify SAN BERNARDINO and DISTRICT of the bids received and the amounts thereof. Within ten (10) days thereafter, COUNTY, SAN BERNARDINO, and DISTRICT shall determine the cost of the PROJECT. In the event that any party intends to cancel this Agreement based upon the bids or amount thereof, said party shall notify the other parties at a reasonable time so as to avoid the letting of a contract to construct the PROJECT and any detrimental reliance by either contract or any potential contractor. 4.8 Additional work/costs arising from unforeseen site conditions, including Utility relocation, will be paid by COUNTY, SAN BERNARDINO, or DISTRICT in proportion to where the work actually lies. If COUNTY, SAN BERNARDINO, or DISTRICT requests additional work that is beyond the scope of the original PROJECT, said work will be paid solely by the agency requesting the work at the construction contract unit costs. 4.9 If after opening bids for the PROJECT, it is found that a total project cost overrun (including environmental clearance, right of way acquisition, agency provided equipment, and design and construction engineering) of 25% or less of the estimated PROJECT costs will occur, COUNTY may award the contract and notwithstanding any provision herein to the contrary the COUNTY, SAN BERNARDINO, and DISTRICT shall pay for the cost of construction as provided by this Agreement. 4.10 If, upon opening of bids, it is found that a total PROJECT cost overrun (including environmental clearance, right of way acquisition, agency provided equipment, and design and construction engineering) exceeding 25% of the estimated PROJECT costs will occur, COUNTY shall not award any contracts for the PROJECT. Rather COUNTY, SAN BERNARDINO, and DISTRICT shall endeavor to agree upon an alternative course of action, including re-bidding of the PROJECT. If, after thirty (30) days, an alternative course of action is not mutually agreed upon in writing, this Agreement shall be deemed to be terminated by mutual consent. 4.11 In the event that change orders are required during the course of the PROJECT, said change orders must be in the form and substance as set forth in attached Exhibit "B" of this Agreement and approved by COUNTY, SAN BERNARDINO and DISTRICT. Contract Change Order forms will be delivered by fax and must be returned within two (2) working days. 4.12 This Agreement may be cancelled upon thirty (30) days written notice of any party, provided however, that no party may cancel this Agreement after COUNTY lets a contract to construct the PROJECT. In the event of cancellation as provided herein, all PROJECT costs required to be paid by the parties prior to the effective date of cancellation shall be paid by the parties in the proportion provided herein. 4.13 Except with respect to the parties' operation, maintenance and indemnification obligations contained herein, this Agreement shall terminate upon completion of the PROJECT and 5of7 payment of final billing by SAN BERNARDINO and DISTRICT for their shares of the PROJECT. 4.14 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 all parties. 4.15 This Agreement shall be governed by the laws of the State of California. Any action or proceeding between COUNTY, SAN BERNARDINO and DISTRICT concerning the interpretation or enforcement of this Agreement, or which arises out of or is in any way connected with this Agreement or the PROJECT, shall be instituted and prosecuted in the appropriate state court in the County of San Bernardino, California. 4.16 Time is of the essence for each and every provision of this Agreement. 4.17 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. 4.18 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 parties any contractual rights by custom, estoppel, or otherwise. 4.19 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. 4.20 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 all parties. 6 of 7 IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands. CITY OF SAN BERNARDINO SAN BERNARDINO UNIFIED SCHOOL DISTRICT nt or type name of corporation, company, contractor,etc.) (Print or type name of corporation, company,contractor, etc.) !?y BY (Authorized signature-sign in blue ink) (Authorized signature-sign in blue ink) Name Name (Print or type name of person signing contract) (Print or type name of person signing contract) Title Title (Print or Type) (Print or Type) Dated: Dated: Address 300 NORTH D STREET Address 777 N "F" ST SAN BERNARDINO, CA 92418 SAN BERNARDINO, CA 92410 COUNTY OF SAN BERNARDINO Bill Postmus, Chairman, Board of Supervisors Dated: 3NED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Clerk of the Board of Supervisors of the County of San Bernardino. By Deputy Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature ► ► No- County Counsel Department Head Date Date Date 7 of 7 EXHIBIT "A" ESTIMATE OF PROJECT COSTS FOR CITY OF SAN BERNARDINO/SAN BERNARDINO UNIFIED SCHOOL DISTRICT/COUNTY OF SAN BERNARDINO FOR FLASHING BEACONS AT CROSSWALK ON LYNWOOD DRIVE DESCRIPTION LIMITS TOTAL COUNTY OF %OF SAN %OF PROJECT CITY OF SAN %OF COST OF SAN PROJECT BERNARDINO SAN BERNARDINO PROJECT PROJECT BERNARDINO COUNTY UNIFIED BERNARDINO SHARE SAN SHARE SCHOOL UNIFIED BERNARDIN DISTRICT SCHOOL O SHARE DISTRICT DESIGN & Lynwood INSTALL Drive at $30,000 $10,000 33.4% $10,000 33.3% $10,000 33.3% BEACONS Del Vallejo Mls i TOTAL $30,000 $10,000 33.4% $10,000 33.3% $10,000 33.3% PROJECT costs may be increased or decreased, depending upon the amount of the construction contract, project change orders and other final costs. EXHIBIT "B" CONTRACT CHANGE ORDER REVIEW/APPROVAL PROJECT: FLASHING BEACONS ON LYNWOOD DRIVE AT DEL VALLEJO MIDDLE SCHOOL SAN BERNARDINO COUNTY CONTRACT# File: Proposed Contract Change Order No. has been reviewed in accordance with the existing agreements with the City of San Bernardino, San Bernardino Unified School District,and County of San Bernardino for the above project and the following shall apply: DATE OF CITY OF SAN BERNARDINO ACTION: •APPROVED for Implementation with 100%Participation by City of San Bernardino •APPROVED Subject to Comments/Revisions Accompanying This Document ❑APPROVED With Limited Funding Participation by City of San Bernardino ❑ %of Actual Cost to be Funded by City of San Bernardino ❑ City of San Bernardino Participation Not to Exceed$ ❑ DISAPPROVED-Not Acceptable City of San Bernardino DATE OF SAN BERNARDINO UNIFIED SCHOOL DISTRCT ACTION: ❑APPROVED for Implementation with 100%Participation by San Bernardino Unified School District ❑APPROVED Subject to Comments/Revisions Accompanying This Document ❑APPROVED With Limited Funding Participation by San Bernardino Unified School District ❑ %of Actual Cost to be Funded by San Bernardino Unified School District ❑San Bernardino Unified School District Participation Not to Exceed$ ❑ DISAPPROVED-Not Acceptable to San Bernardino Unified School District OF COUNTY OF SAN BERNARDINO ACTION: / / ❑APPROVED Subject to Comments/Revisions Accompanying This Document ❑ DISAPPROVED-Not Acceptable to COUNTY OF SAN BERNARDINO Note: Approval under any of the above conditions shall in no case be construed as agreement to increase the total financial participation beyond that prescribed in the existing COUNTY OF SAN BERNARDINO, CITY OF SAN BERNARDINO,and SAN BERNARDINO UNIFIED SCHOOL DISTRICT agreements without separate amendment to said agreements. Net increases in costs deriving from this and previously approved Contract Change Orders shall not cause the total construction costs to exceed the sum of the authorized contract total and contingency amounts. Comments,as follows and/or attached,are conditions of the above action? ❑YES ❑ NO CITY OF SAN BERNARDINO SIGNATURE: COUNTY OF SAN BERNARDINO SIGNATURE: CITY OF SAN BERNARDINO TITLE: COUNTY OF SAN BERNARDINO TITLE: SAN BERNARDINO UNIFIED SCHOOL DISTRICT SIGNATURE: SAN BERNARDINO UNIFIED SCHOOL DISTRICT TITLE: Distribution: Signed Original Returned to City of San Bernardino Resident Engineer(FAX#909-370-5154), San Bernardino Unified School District Representative(FAX#909- 885-6392),and County of San Bernardino Resident Engineer(FAX#909-387-7927) Signed Original for CITY OF SAN BERNARDINO, SAN BERNARDINO UNIFIED SCHOOL DISTRICT,and COUNTY OF SAN BERNARDINO Files EXHIBIT "A" ESTIMATE OF PROJECT COSTS FOR CITY OF SAN BERNARDINO/SAN BERNARDINO UNIFIED SCHOOL DISTRICT/COUNTY OF SAN BERNARDINO FOR FLASHING BEACONS AT CROSSWALK ON LYNWOOD DRIVE DESCRIPTION LIMITS TOTAL COUNTY OF % OF SAN ",.CF PROJECT CITY OF SAN %OF COST OF SAN PROJECT BERNARDINO SAN BERNARDINO ! PROJECT PROJECT BERNARDINO COUNTY UNIFIED BERNARDINO SHARE SAN SHARE SCHOOL UNIFIED BERNARDIN DISTRICT SCHOOL O SHARE DISTRICT DESIGN & I Lynwood Drive at INSTALL Del Vallejo $30,000 ! $10,000 33.4% $10,000 33.3% $10,000 I 33.3% BEACONS MS TOTAL I $30,000 li $107000 33.4% $10,000 33.3% $10,000 33.3% PROJECT costs may be increased or decreased, depending upon the amount of the construction contract, project change orders and other final costs. EXHIBIT "B" CONTRACT CHANGE ORDER REVIEW/APPROVAL PROJECT: FLASHING BEACONS ON LYNWOOD DRIVE AT DEL VALLEJO MIDDLE SCHOOL SAN BERNARDINO COUNTY CONTRACT# File Proposed Contract Change Order No has been reviewed in accordance with the existing agreements with the City of San Bernardino. San Bernardino Unified School District.and County of San Bernardino for the above project and the following shall apply. DATE OF CITY OF SAN BERNARDINO ACTION _! _ ❑APPROVED for Implementation with 100% Participation by City of San Bernardino ❑APPROVED Subject to Comments/Revisions Accompanying This Document ❑APPROVED With Limited Funding Participation by City of San Bernardino ❑ %of Actual Cost to be Funded by City of San Bernardino ❑ City of San Bernardino Participation Not to Exceed$ ❑ DISAPPROVED-Not Acceptable City of San Bernardino DATE OF SAN BERNARDINO UNIFIED SCHOOL DISTRCT ACTION ❑APPROVED for Implementation with 100% Participation by San Bernardino Unified School District ❑APPROVED Subject to Comments/Revisions Accompanying This Document ❑APPROVED With Limited Funding Participation by San Bernardino Unified School District ❑ %of Actual Cost to be Funded by San Bernardino Unified School District ❑ San Bernardino Unified School District Participation Not to Exceed$ ❑ DISAPPROVED-Not Acceptable to San Bernardino Unified School District D,'-E:OF COUNTY OF SAN BERNARDINO ACTION: ❑APPROVED Subject to Comments/Revisions Accompanying This Document ❑ DISAPPROVED-Not Acceptable to COUNTY OF SAN BERNARDINO Note: Approval under any of the above conditions shall in no case be construed as agreement to increase the total financial participation beyond that prescribed in the existing COUNTY OF SAN BERNARDINO, CITY OF SAN BERNARDINO, and SAN BERNARDINO UNIFIED SCHOOL DISTRICT agreements without separate amendment to said agreements. Net increases in costs deriving from this and previously approved Contract Change Orders shall not cause the total construction costs to exceed the sum of the authorized contract total and contingency amounts. Comments, as follows and/or attached,.are conditions of the above action? ❑YES ❑ NO CITY OF SAN BERNARDINO SIGNATURE. COUNTY OF SAN BERNARDINO SIGNATURE. CITY OF SAN BERNARDINO TITLE: COUNTY OF SAN BERNARDINO TITLE: SAN BERNARDINO UNIFIED SCHOOL DISTRICT SIGNATURE: SAN BERNARDINO UNIFIED SCHOOL DISTRICT TITLE. Distribution: Signed Original Returned to City of San Bernardino Resident Engineer(FAX#909-370-5154), San Bernardino Unified School District Representative(FAX#909- 885-6392).and County of San Bernardino Resident Engineer(FAX#909-387-7927) Signed Original for CITY OF SAN BERNARDINO, SAN BERNARDINO UNIFIED SCHOOL DISTRICT,and COUNTY OF SAN BERNARDINO Files FOR COC'A'T F L'SE 0.,N'L)' New Vendor Code Dept. Contract Number Change SC TRA A CUD Cancel I COoUINry� County Department Dept. Orgn. Contractors License No. AN BERNARDINO Public Works — Transportation Total Contract Amount County Department Contract Representative Telephone BRENDON BIGGS 387-8166 LEAD AGENCY—NO ENCUMBRANCE Contract Type ❑ Revenue ❑ Encumbered ® Unencumbered ❑ Other: If not encumbered or revenue contract type, provide reason. Lead a enc — no encumbrance Commodity Code Contract Start Date Contract End Date Original Amount This Amendment I Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Ong.Amount COUNTY OF SAN BERNARDINO SAA TRA TRA 200 2445 17H14108 FAS Fund Dept Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Ong Amount Fund Dept Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Orig.Amount STANDARD CONTRACT Project Name Estimated Payment Total by Fiscal Year LYNWOOD DR. (d? DEL FY Amount I/D FY Amount UD VALLEJO MS BEACON 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 Name and Name SAN BERNARDINO UNIFIED SCHOOL DISTRICT CITY OF SAN BERNARDINO Address Address 777 N "F" STREET 300 NORTH D STREET SAN BERNARDINO. CA 92410 SAN BERNARDINO. CA 92418 Telephone Federal ID No. or Social Security No. Telephone Federal ID No. or Social Securty No. (909) 381-1100 (909) 384-5211 IT IS HEREBY AGREED AS FOLLOWS: (Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment. time for performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.) WITNESSETH WHEREAS, the COUNTY OF SAN BERNARDINO (hereinafter referred to as COUNTY), the SAN BERNARDINO UNIFIED SCHOOL DISTRICT (hereinafter referred to as DISTRICT), and the CITY OF SAN BERNARDINO (hereinafter referred to as SAN BERNARDINO) desire to cooperate and jointly participate in the design, construction and construction management for the installation of a flashing beacon at the Lynwood Drive pedestrian crossing at Del Vallejo Middle School (hereinafter referred to as PROJECT); and WHEREAS, the PROJECT is partially (50%) within the unincorporated area of the COUNTY and partially (50%) within the incorporated area of SAN BERNARDINO, and will be of mutual benefit to the COUNTY, SAN BERNARDINO, and DISTRICT; and WHEREAS. the DISTRICT has agreed to pay a percentage of PROJECT costs as it will benefit from completion of the PROJECT; and Auditor/Controller—Recorder Use Only ❑Contract Database 0 FAS Input Date Keyed By Page 1 of 7 WHEREAS, it is anticipated that the funding for the PROJECT will be from COUNTY road funds, SAN BERNARDINO local funds. and DISTRICT local funds: and WHEREAS, the total PROJECT cost is estimated to be $30,000. COUNTY's share of PROJECT cost is estimated at $10.000 (33.4°/x), DISTRICT's share of PROJECT cost is estimated at $10,000 (33.3%), and SAN BERNARDINO's share of PROJECT cost is estimated at $10,000 (33.3%), as more particularly set forth in Exhibit "A", attached hereto and incorporated herein by reference: and WHEREAS. COUNTY, SAN BERNARDINO and DISTRICT desire to set forth responsibilities and obligations of each as pertains to such participation and to the design, construction, and funding of the proposed PROJECT. NOW THEREFORE, IT IS MUTUALLY AGREED as follows: 1.0 COUNTY AGREES TO: 1.1 Act as the Lead Agency in the obtaining of environmental clearances, design, construction, and construction engineering of the PROJECT. 1.2 Provide plans and specifications and all necessary construction engineering for the PROJECT for prior review and approval by SAN BERNARDINO and DISTRICT. 1.3 Construct the PROJECT by contract in accordance with the plans and specifications of COUNTY, which have been reviewed and approved by SAN BERNARDINO and DISTRICT and the Caltrans Design Manual, 10 year life, to the satisfaction of and subject to concurrence of SAN BERNARDINO and DISTRICT. 1.4 Arrange for relocation of all utilities which interfere with construction of the PROJECT within the unincorporated area of the PROJECT site. 1.5 Obtain a no-cost permit from SAN BERNARDINO and temporary right-of-entry from DISTRICT for work within the respective right-of-way of each. 1.6 Advertise, award. administer. and fund the construction of the PROJECT, in accordance with the California Public Contract Code. 1.7 Require its contractors to maintain Workers' Compensation Insurance or a state-approved Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of the contractor and all risks to such persons under this Agreement. Comprehensive General Liability to include contractual coverage and Automobile Liability Insurance to include coverage for owned, hired and non- owned vehicles. The Comprehensive General and Automobile Liability policies shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000.000) and shall name SAN BERNARDINO.. DISTRICT and the COUNTY as additional insured. Waiver of Subrogation Rights — Contractors shall require the carriers of the above required coverages to waive all rights of subrogation against the COUNTY, SAN BERNARDINO, DISTRICT, and their officers, employees, agents, volunteers, contractors and subcontractors. Policies Primary and Non-Contributory — All policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the COUNTY, SAN BERNARDINO, and DISTRICT. 1.8 Provide adequate inspection of all items of work performed under the construction contract(s) with COUNTY's contractors or subcontractors for the PROJECT and maintain adequate records of inspection and materials testing for review by SAN BERNARDINO and DISTRICT. COUNTY shall provide copies of any records of inspection and materials testing to SAN BERNARDINO or DISTRICT within ten (10) days of COUNTY's receipt of written demand from SAN BERNARDINO or DISTRICT for such records. 1.9 Pay for its proportionate share of the PROJECT costs. The PROJECT costs shall include the cost of PROJECT construction design, construction engineering, and overhead costs. 2of7 COUNTY's proportionate share of PROJECT costs is estimated at 510.000 (33.4% of PROJECT). COUNTY shall be responsible for the sum of $10,000, plus its proportionate share of any PROJECT cost increases pursuant to Section 4.6 below and pay such costs from COUNTY road funds. 1.10 Submit to SAN BERNARDINO an itemized accounting of actual PROJECT costs incurred by COUNTY to date and which have not already been paid by COUNTY, SAN BERNARDINO or DISTRICT. If SAN BERNARDINO's proportionate share exceeds the sum of $10,000 paid up- front by SAN BERNARDINO, the itemized accounting shall include a statement for SAN BERNARDINO's proportionate share of the PROJECT costs exceeding this amount, as provided herein. Costs shall be amended following acceptance of the final construction cost accounting by COUNTY, SAN BERNARDINO, and DISTRICT. 1.11 Submit to DISTRICT an itemized accounting of actual PROJECT costs incurred by COUNTY to date and which have not already been paid either by COUNTY, SAN BERNARDINO or DISTRICT, and a statement for DISTRICT's proportionate share of the PROJECT costs as provided herein. Costs shall be amended following acceptance of the final construction cost accounting by COUNTY. SAN BERNARDINO, AND DISTRICT. 1.12 Although not anticipated, if right-of-way is needed, the COUNTY shall order title reports on such parcels. All costs associated with right-of-way acquisition shall be reimbursed by the responsible party dependent upon jurisdiction. For example, if a parcel to be acquired is located completely within the COUNTY (or SAN BERNARDINO),. the COUNTY (or SAN BERNARDINO) shall pay all costs of right-of-way acquisition. If a parcel is located 75% in the COUNTY and 25% in SAN BERNARDINO, the COUNTY would pay 75% and SAN BERNARDINO would pay 25% of the costs of right-of-way acquisition. 1.13 Provide services to acquire the right-of-way if needed for the PROJECT, to include contacting owner or occupant, entering properties, appraising right-of-way parcels, inspecting and negotiating takes and easements including improvements. 1.14 Include completion of any applicable NEPA and CEQA requirements. 1.15 After acceptance of the construction contract work by COUNTY, SAN BERNARDINO, and DISTRICT, the COUNTY shall act as the Lead Agency in performing or causing the performance of maintenance activities for the PROJECT. Maintenance responsibilities shall include preventative maintenance and emergency maintenance. The COUNTY shall be responsible for 50% of the maintenance costs associated with the PROJECT. The remaining 50% of the maintenance cost shall be the responsibility of SAN BERNARDINO. 2.0 SAN BERNARDINO AGREES TO: 2.1 Pay for its proportionate share of the PROJECT costs. The PROJECT costs shall include the cost of PROJECT construction, design, construction engineering, and overhead costs. SAN BERNARDINO's proportionate share of PROJECT costs is estimated at $10,000 (33.3% of PROJECT). SAN BERNARDINO will pay the sum of $10,000 to the COUNTY after bid opening and prior to award of contract to the successful bidder. 2.2 Pay to COUNTY, on a reimbursement basis, its share of PROJECT costs in excess of the sum of $10,000 paid up-front by SAN BERNARDINO. This includes SAN BERNARDINO's portion of any PROJECT cost increases pursuant to Section 4.6 below. Such payment shall be made within thirty (30) days after receipt of an itemized statement as set forth in Section 1.10 of this Agreement setting forth all actual PROJECT costs incurred by COUNTY to date and which have not already been paid by COUNTY, SAN BERNARDINO, or DISTRICT, together with adequate documentation of said expenditures. 2.3 Pay for its proportionate share of those right-of-way costs for properties that are located within SAN BERNARDINO's jurisdiction. For example, if a parcel to be acquired is located completely within SAN BERNARDINO (or COUNTY), SAN BERNARDINO (or COUNTY) shall pay all costs of right-of-way acquisition. If a parcel is located 25% in SAN BERNARDINO and 75% in the COUNTY. SAN BERNARDINO would pay 25% and COUNTY would pay 75% of the costs of right- of-way acquisition. 2.4 Provide a no-cost permit to the COUNTY for its work in SAN BERNARDINO's right-of-way. 2.5 Aithough right-of-way acquisition is not anticipated, should COUNTY be unable to acquire the necessary right-of-way located within the limits of SAN BERNARDINO, then SAN 3of7 BERNARDINO, in consultation with COUNTY, shall consider using the power of Eminent Domain to acquire any necessary rights-of-way at a public hearing noticed and conducted in accordance with California Code of Civil Procedure. Section 1245.235 for the purpose of considering the adoption of a resolution of necessity. If SAN BERNARDINO elects to proceed with using its power of Eminent Domain, it shall do so in a timely manner and at no cost to the COUNTY. The parties acknowledge and understand that this Agreement does not obligate SAN BERNARDINO_in any way to use the power of Eminent Domain to acquire any rights-of- way within SAN BERNARDINO. SAN BERNARDINO's use of the power of Eminent Domain is-conditioned by law upon certain findings and determinations that SAN BERNARDINO, in its sole discretion, must make in accordance with the California Code of Civil Procedure. SAN BERNARDINO makes no warranty or guarantee of the eventual result or outcome of its discretionary consideration of the use of Eminent Domain to acquire any rights-of-way within SAN BERNARDINO or of any actual Eminent Domain proceeding. In the event that COUNTY is unable to acquire the necessary right-of-way located within the limits of SAN BERNARDINO and SAN BERNARDINO is unable or unwilling to use Eminent Domain to acquire right-of-way. this Agreement shall be deemed to be terminated by mutual consent. In the event of termination as provided herein, all PROJECT costs required to be paid by the parties prior to the effective date of termination shall be paid by the parties in the proportion provided herein. 2.6 After acceptance of the construction contract work by COUNTY, SAN BERNARDINO, and DISTRICT, SAN BERNARDINO shall be responsible for 50% of the maintenance costs associated with the PROJECT as its fair share. Maintenance responsibilities shall include preventative maintenance and emergency maintenance. 3.0 DISTRICT AGREES TO: 3.1 Pay for its proportionate share of the PROJECT costs. The PROJECT costs shall include the cost of PROJECT construction, design, construction engineering, and overhead costs. DISTRICT's proportionate share of PROJECT costs is estimated at $10.000 (33.3% of PROJECT). 3.2 Pay to COUNTY, on a'reimbursement basis, its proportionate share of any PROJECT cost increases pursuant to Section 4.6 below, within thirty (30) days after receipt of an itemized statement as set forth in Section 1.11 of this Agreement setting forth all actual PROJECT costs incurred by COUNTY to date and which have not already been paid by either COUNTY, SAN BERNARDINO or DISTRICT, together with adequate documentation of said expenditures. 3.3 Provide a temporary right of entry to the COUNTY for its work in DISTRICT's property. 4.0 IT IS MUTUALLY AGREED: 4.1 COUNTY agrees to indemnify and hold harmless SAN BERNARDINO and DISTRICT, their officers, employees, agents, and volunteers from any and all liabilities for injury to persons and damage to property arising out of any act or omission of COUNTY, its officers, employees, agents or volunteers in connection with COUNTY's performance of its obligations under this Agreement. 4.2 SAN BERNARDINO agrees to indemnify and hold harmless the COUNTY and DISTRICT, their officers, employees, agents, and volunteers from any and all liabilities for injury to persons and damage to property arising out of any act or omission of SAN BERNARDINO, its officers, employees, agents or volunteers in connection with SAN BERNARDINO's performance of its obligations under this Agreement. 4.3 DISTRICT agrees to indemnify and hold harmless the COUNTY and SAN BERNARDINO, their officers, employees. agents, and volunteers from any and all liabilities for injury to persons and damage to property arising out of any act or omission of DISTRICT its officers, employees, agents or volunteers in connection with DISTRICT's performance of its obligations under this Agreement. 4.4 In the event the COUNTY and/or SAN BERNARDINO and/or DISTRICT 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 SAN BERNARDINO and/or DISTRICT 4 of 7 - n t shall indemnify the other parties to the extent of its comparative fault. Furthermore, if the COUNTY, SAN BERNARDINO or DISTRICT attempts to seek recovery from the other parties for Workers' Compensation benefits paid to an employee, the COUNTY. SAN BERNARDINO and DISTRICT agree that any alleged negligence of the employee shall not be construed against the employer of that employee. 4.5 COUNTY, SAN BERNARDINO and DISTRICT are self-insured public entities for purposes of Professional Liability, Automobile Liability, General Liability, and Workers' Compensation. COUNTY, SAN BERNARDINO and DISTRICT warrant that through their programs of self- insurance, they have adequate Professional Liability, Automobile Liability. General Liability.. and Workers' Compensation to provide coverage for liabilities arising out of COUNTY's, SAN BERNARDINO's. and DISTRICT's performance of this Agreement. 4.6 The parties acknowledge that final PROJECT costs may ultimately exceed current estimates of PROJECT costs. Any additional PROJECT costs resulting from increased bid prices or change orders (but not from unforeseen conditions or requested additional work by a party which are addressed in Section 4.8 below) over the estimated total PROJECT costs of $30,000 (which is the sum of $10.000 from COUNTY, $10,000 from SAN BERNARDINO, and $10,000 from DISTRICT) shall be borne by each party in proportion to where the work actually lies (based on jurisdiction) as part of the parties' respective obligations to pay for PROJECT costs. 4.7 COUNTY shall notify SAN BERNARDINO and DISTRICT of the bids received and the amounts thereof. Within ten (10) days thereafter, COUNTY, SAN BERNARDINO, and DISTRICT shall determine the cost of the PROJECT. In the event that any party intends to cancel this Agreement based upon the bids or amount thereof, said party shall notify the other parties at a reasonable time so as to avoid the letting of a contract to construct the PROJECT and any detrimental reliance by either contract or any potential contractor. 4.8 Additional work/costs arising from unforeseen site conditions, including Utility relocation, will be paid by COUNTY, SAN BERNARDINO, or DISTRICT in proportion to where the work actually lies. If COUNTY, SAN BERNARDINO, or DISTRICT requests additional work that is beyond the scope of the original PROJECT, said work will be paid solely by the agency requesting the work at the construction contract unit costs. 4.9 If after opening bids for the PROJECT, it is found that a total project cost overrun (including environmental clearance, right of way acquisition, agency provided equipment. and design and construction engineering) of 25% or less of the estimated PROJECT costs will occur, COUNTY may award the contract and notwithstanding any provision herein to the contrary the COUNTY, SAN BERNARDINO. and DISTRICT shall pay for the cost of construction as provided by this Agreement. 4.10 If, upon opening of bids, it is found that a total PROJECT cost overrun (including environmental clearance, right of way acquisition, agency provided equipment, and design and construction engineering) exceeding 25% of the estimated PROJECT costs will occur. COUNTY shall not award any contracts for the PROJECT. Rather COUNTY, SAN BERNARDINO, and DISTRICT shall endeavor to agree upon an alternative course of action, including re-bidding of the PROJECT. If. after thirty (30) days, an alternative course of action is not mutually agreed upon in writing, this Agreement shall be deemed to be terminated by mutual consent. 4.11 In the event that change orders are required during the course of the PROJECT, said change orders must be in the form and substance as set forth in attached Exhibit "B" of this Agreement and approved by COUNTY, SAN BERNARDINO and DISTRICT. Contract Change Order forms will be delivered by fax and must be returned within two (2) working days. 4.12 This Agreement may be cancelled upon thirty (30) days written notice of any party, provided however, that no party may cancel this Agreement after COUNTY lets a contract to construct the PROJECT. In the event of cancellation as provided herein, all PROJECT costs required to be paid by the parties prior to the effective date of cancellation shall be paid by the parties in the proportion provided herein. 4.13 Except with respect to the parties' operation, maintenance and indemnification obligations contained herein, this Agreement shall terminate upon completion of the PROJECT and 5of7 payment of final billing by SAN BERNARDINO and DISTRICT for their shares of the PROJECT. 4.14 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 all.parties. 4.15 This Agreement shall be governed by the laws of the State of California. Any action or proceeding between COUNTY, SAN BERNARDINO and DISTRICT concerning the interpretation or enforcement of this Agreement, or which arises out of or is in any way connected with this Agreement or the PROJECT, shall be instituted and prosecuted in the appropriate state court in the County of San Bernardino, California. 4.16 Time is of the essence for each and every provision of this Agreement. 4.17 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. 4.18 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 parties any contractual rights by custom, estoppel, or otherwise. 4.19 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. 4.20 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 all parties. 6of7 IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands. CITY OF SAN BERNARDINO SAN BERNARDINO UNIFIED SCHOOL DISTRICT int or type name of corporation, company, contractor, etc.) (Print or type name of corporation, company, contractor,etc.) By ► Authorized si nature-sign in blue ink) blue ink ( 9 Authorized signature-sign in b e ) Name Name (Print or type name of person signing contract) (Print or type name of person signing contract) Title Title (Print or Type) (Print or Type) Dated: Dated: Address 300 NORTH D STREET Address 777 N "F" ST SAN BERNARDINO, CA 92418 SAN BERNARDINO, CA 92410 COUNTY OF SAN BERNARDINO Bill Postmus, Chairman, Board of Supervisors Dated: 3NED AND CERTIFIED THAT A COPY OF THIS —JCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Clerk of the Board of Supervisors of the County of San Bernardino. By Deputy Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature ► ► ► County Counsel Department Head Date Date Date 7of7 EXHIBIT "A" ESTIMATE OF PROJECT COSTS FOR CITY OF SAN BERNARDINO/SAN BERNARDINO UNIFIED SCHOOL DISTRICT/COUNTY OF SAN BERNARDINO FOR FLASHING BEACONS AT CROSSWALK ON LYNWOOD DRIVE DESCRIPTION LIMITS TOTAL COUNTY OF %OF SAN %OF PROJECT CITY OF SAN %OF COST OF SAN PROJECT BERNARDINO SAN BERNARDINO PROJECT PROJECT BERNARDINO COUNTY UNIFIED BERNARDINO SHARE SAN SHARE SCHOOL UNIFIED BERNARDIN DISTRICT SCHOOL O SHARE DISTRICT Lynwood DESIGN & INSTALL Drive at 830,000 $10,000 33.4% $10,000 33.3% $10,000 33.3% BEACONS Del Vallejo MS TOTAL $30,000 510,000 33.4% 1 $10,000 33.3% $10,000 33.3% I PROJECT costs may be increased or decreased, depending upon the amount of the construction contract, project change orders and other final costs. >„yrrttrrrrw Oft EXHIBIT "B" CONTRACT CHANGE ORDER REVIEW/APPROVAL PROJECT FLASHING BEACONS ON LYNWOOD DRIVE AT DEL VALLEJO MIDDLE SCHOOL SAN BERNARDINO COUNTY CONTRACT# File: Proposed Contract Change Order No. has been reviewed in accordance with the existing agreements with the City of San Bernardino, San Bernardino Unified School District,and County of San Bernardino for the above project and the following shall apply DATE OF CITY OF SAN BERNARDINO ACTION: / /_ ❑APPROVED for Implementation with 100%Participation by City of San Bernardino ❑APPROVED Subject to Comments/Revisions Accompanying This Document ❑APPROVED With Limited Funding Participation by City of San Bernardino ❑ %of Actual Cost to be Funded by City of San Bernardino ❑ City of San Bernardino Participation Not to Exceed$ ❑ DISAPPROVED-Not Acceptable City of San Bernardino DATE OF SAN BERNARDINO UNIFIED SCHOOL DISTRCT ACTION: ❑APPROVED for Implementation with 100% Participation by San Bernardino Unified School District ❑APPROVED Subject to Comments/Revisions Accompanying This Document ❑APPROVED With Limited Funding Participation by San Bernardino Unified School District ❑ %of Actual Cost to be Funded by San Bernardino Unified School District ❑ San Bernardino Unified School District Participation Not to Exceed $ ❑ DISAPPROVED-Not Acceptable to San Bernardino Unified School District D­7 OF COUNTY OF SAN BERNARDINO ACTION:_/_! '"Sr ❑APPROVED Subject to Comments/Revisions Accompanying This Document ❑ DISAPPROVED-Not Acceptable to COUNTY OF SAN BERNARDINO Note: Approval under any of the above conditions shall in no case be construed as agreement to increase the total financial participation beyond that prescribed in the existing COUNTY OF SAN BERNARDINO, CITY OF SAN BERNARDINO, and SAN BERNARDINO UNIFIED SCHOOL DISTRICT agreements without separate amendment to said agreements. Net increases in costs deriving from this and previously approved Contract Change Orders shall not cause the total construction costs to exceed the sum of the authorized contract total and contingency amounts. Comments,as follows and/or attached. are conditions of the above action? ❑ YES ❑ NO CITY OF SAN BERNARDINO SIGNATURE: COUNTY OF SAN BERNARDINO SIGNATURE CITY OF SAN BERNARDINO TITLE: COUNTY OF SAN BERNARDINO TITLE: SAN BERNARDINO UNIFIED SCHOOL DISTRICT SIGNATURE: SAN BERNARDINO UNIFIED SCHOOL DISTRICT TITLE: S t r;tiUUti VII. Signed Original Returned to City of San Bernardino Resident Engineer(FAX#909-370-5154), San Bernardino Unified School District Representative(FAX#909- 885-6392),and County of San Bernardino Resident Engineer(FAX#909-387-7927) Signed Original for CITY OF SAN BERNARDINO, SAN BERNARDINO UNIFIED SCHOOL DISTRICT,and COUNTY OF SAN BERNARDINO Files