HomeMy WebLinkAbout2015-034 1 RESOLUTION NO. 2015-34
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A THREE-PARTY
3 AGREEMENT WITH THE COUNTY OF SAN BERNARDINO AND THE CITY OF
4 HIGHLAND, TO SHARE THE MAINTENANCE AND OPERATION COST FOR ALL
OF THE TRAFFIC SIGNAL INSTALLATIONS AND HIGHWAY LIGHTING
5 FACILITIES WHERE AT LEAST ONE LEG OF THE INTERSECTION IS IN ONE
OF THE THREE JURISDICTIONS.
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 the
9
10 Tenth Amendment to an Agreement, Contract No. 84-82, with the County of San Bernardino,
11 a copy of which is attached and incorporated herein as Attachment"A."
12 SECTION 2. The Public Works Director is hereby authorized to execute future
13 modifications to Exhibit "A: and Exhibit "B": to the Agreement as may be necessary to reflect
14 additions and/or jurisdictional boundary changes.
15
SECTION 3. The authorization to execute the above-referenced Agreement is
16
17 rescinded if it is not executed by both parties within sixty (60) days of the passage of this
18 Resolution.
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1
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A THREE-PARTY
2 AGREEMENT WITH THE COUNTY OF SAN BERNARDINO AND THE CITY OF
HIGHLAND, TO SHARE THE MAINTENANCE AND OPERATION COST FOR ALL
3 OF THE TRAFFIC SIGNAL INSTALLATIONS AND HIGHWAY LIGHTING
4 FACILITIES WHERE AT LEAST ONE LEG OF THE INTERSECTION IS IN ONE
OF THE THREE JURISDICTIONS.
5
CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common
6
7 Council of the City of San Bernardino at a joint regular meeting thereof, held on the 17th day
8 of February, 2015,by the following vote, to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ X
11 BARRIOS x
12
13 vALDIVIA X
14 SHORETT X
15 NICKEL X
16 JOHNSON X
17 MULVIHILL x
18
19
20 ty Georgea Hanna, Clerk
21 The foregoing resolution is hereby approved this day of February, 2015.
22
23 R. CAREY D VIS, Mayor
24 City of San Bernardino
25 Approved as to form:
26 GARY D. SAENZ, City Attorney
27
28 7t 2
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2015-34
MRCOWRY USE DULY
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County Department Cooked Representative Telephone Total Contract Amount
County of Sort Bernardino Edward Palm (909)387-8186
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OF HIGHLAND AND THE _
MUNTY—SIGNAL _
MAINTENANCE AGREEMENT .._
THIS CONTRACT is entered Into In the State of CalNomla by and between the County of San Bernardino,hereinafter called
the County,and
Nome
CITY OF SAN BERNARDINO hereinafter called SAN BERNARDINO
Addreea
300 North D Street
San Bernardino,CA 92418
Telephono Federal 10 No.or Booing Securly No.
(900)384-7272
Name
CITY OF HIGHLAND hereinafter called HIGHLAND
Address
27215 Base Line
Highland,CA 92346
Telephono Federal 10 Ao.or social Secudty o.
(909)8646861
IT IS HEREBY AGREED AS FOLLOWS:
(Use space bow and addmlona/bond sheele. Sal Wh aervlea to be rendered,arnount to be paid,manner of payment lime farpedomrence ar completion,
determMaBon of sedefecfory pedormence and cause for tem*o0on,other leans and condWonx and eBach plena,sped moons;and addends,lfany.)
WHEREAS, certain traffic signals and highway lighting facilities have been Installed and are maintained at
designated Intersections of City of San Bernardino (hereinafter referred to as"SAN BERNARDINU) and City of
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Pago 1 of 6
2015-34
Highland(hereinafter referred to as"HIGHLAND")streets and a County of San Bernardino(hereinafter referred to
as"COUNTY")road;and
WHEREAS, COUNTY, SAN BERNARDINO and HIGHLAND desire to set forth herein the responsibllities
and obligations of each as they pertain to the maintenance and operation activities and the distribution of the
related costs for the designated Intersections.
NOW,THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. This Agreement applies to the intersections shown in Exhibit A and Exhibit B (hereinafter referred to as"the
Intersectional, said exhibits are attached hereto and incorporated into the body of this Agreement by this
reference.
2. SAN BERNARDINO shall be responsible for all maintenance work for the traffic signal and safety lighting at
these Intersections, except that utility-awned intersection lighting will be maintained by the utility owning the
same.
3. SAN BERNARDINO shall Invoice the COUNTY and HIGHLAND for the cost of services provided and shall
provide a summary of actual maintenance and power costs of the Intersections. The cost of maintenance
referred to herein shall include all direct costs, plus a 596 (functional and administrative overhead)assessment
to cover indirect costs incurred In providing the maintenance services.
4. The share of costs for the operation and maintenance of the traffic signals shall be based on a ratio of the
number of legs at each Intersection that lie within each party's jurisdiction.The cost percentages are shown in
Exhibit A and Exhibit B.
5. Where highway lighting, flashers, or other electrically operated traffic controls or warning devices have been
specifically approved by the parties at the Intersections, the maintenance and power costs thereon shall be
shared between SAN BERNARDINO, HIGHLAND and COUNTY in the same manner as provided for sharing
traffic signal costs.
8. Routine maintenance work to be performed under this Agreement will include patrolling, furnishing of electric
energy, and furnishing necessary repairs and/or replacements as required to Insure satisfactory service of the
Intersections. Installation of additional facilities is not a maintenance function under this Agreement.
7. The net amount(actual cost less reimbursements or contributions by individuals/entities that are not a party to
this Agreement) of extraordinary expenses, such as for the repair of extensive damage or replacement of
components of the signal installation, shall be assessed, and shall be the shared expense of SAN
BERNARDINO, HIGHLAND and COUNTY based upon the aforementioned ratio for share of costs. These
expenses shall be assessed regardless of where the actual damage occurred. Invoices for said cost shall be
itemized as to material, including service and expense, salaries and wages, and equipment rental. SAN
BERNARDINO shall make every reasonable effort to recover the costs of damages from the party responsible
for said damage to any facility.
8. In the event that a major component of the traffic signal and safety lighting at these Intersections(such as the
controller assembly, signal poles, etc.) is damaged, destroyed or becomes obsolete, if the repair or
replacement of the component will exceed $5,000, SAN BERNARDINO shall obtain the advance written
approval of COUNTY and HIGHLAND prior to performing the work. COUNTY's Director of Public Works,and
HIGHLAND's Director of Engineering Services/City Engineer, or designee is authorized to approve or reject
SAN BERNARDINO's proposed repair or replacement of a major component.
9. COUNTY, SAN BERNARDINO, and HIGHLAND are self-Insured public entitles for purposes of General
Liability, Automobile Liability, Workers' Compensation coverage and warrant that through their programs of
self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the terms,
conditions and obligations of this Agreement. SAN BERNARDINO shall require all contractors and vendors
Revised 1101113 Page 2 of 6
2015-34
working on the Intersections to have appropriate and adequate insurance coverage for the mutual protection
and benefit of the parties. All contractors and vendors shall name HIGHLAND and COUNTY and their officers,
employees, agents and authorized volunteers as additional insureds.
10.COUNTY agrees to indemnify, defend (with counsel approved by SAN BERNARDINO and HIGHLAND)and
hold harmless SAN BERNARDINO and HIGHLAND and their officers, employees, agents and authorized
volunteers from any and all claims, actions, losses, damages, and/or liability resulting from the COUNTY's
negligent acts or omissions which arise from the COUNTY's performance of Its obligations under this
Agreement.
SAN BERNARDINO agrees to indemnify, defend (with counsel approved by COUNTY and HIGHLAND)and
hold harmless the COUNTY and HIGHLAND and their officers, employees, agents and authorized volunteers
from any and all claims, actions, losses, damages and/or liability resulting from SAN BERNARDINO's
negligent acts or omissions which arise from SAN BERNARDINO's performance of its obligations under this
Agreement.
HIGHLAND agrees to Indemnify, defend (with counsel approved by COUNTY and SAN BERNARDINO)and
hold harmless the COUNTY and SAN BERNARDINO and their officers, employees, agents and authorized
volunteers from any and all claims, actions, losses, damages and/or liability resulting from HIGHLAND's
negligent acts or omissions which arise from HIGHLAND's performance of its obligations under this
Agreement.
In the event COUNTY, SAN BERNARDINO and/or HIGHLAND are found to be comparatively at fault for any
claim, action, loss or damage which results from their respective obligations under this Agreement, COUNTY,
SAN BERNARDINO and/or HIGHLAND shall Indemnify the other to the extent of Its comparative fault.
11.The Agreement shall become effective on the date it is approved by all parties, and shall remain in effect
through June 30,2024. However,any one of the three parties may terminate this Agreement without cause by
providing the other parties a written notice of intention to terminate sixty (60) days in advance of the
termination date.
12.In the performance of this Agreement each party, and their agents and employees,shall act in an independent
capacity and not as officers,employees,or agents of the other parties.
13. In the event of litigation arising from this Agreement, each party to the Agreement shall bear its own costs,
including attorneys' fees. This paragraph does not apply to costs or attorney fees relative to paragraph 10
relating to indemnification.
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.
15.This Agreement shall be governed by the laws of the State of California.Any action or proceeding between
COUNTY, SAN BERNARDINO, and HIGHLAND concerning the interpretation or enforcement of this
Agreement, or which arises out of or is in any way connected with this Agreement,shall be instituted and tried
in the appropriate state court in the County of San Bernardino,California.
16.Time Is of the essence for each and every provision of this Agreement.
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.
Revised 1/8/13 Page 3 of 6
2015-34
18.No waiver of any default shall constitute a waiver of any other default or breach,whether of the same or other
covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall
give the other party any contractual rights by custom,estoppel,or otherwise.
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.
20.This Agreement may be signed in counterparts,each of which shall constitute an original.
21.Use of ARRA Funds and Recuirements. This Contract may be funded in whole or In part with funds provided
by the American Recovery and Reinvestment Act of 2009 ("ARRA"), signed into law on February 17, 2009.
Section 1605 of ARRA prohibits the use of recovery funds for a project for the construction, alteration,
maintenance or repair of a public building or public work(both as defined in 2 CFR 176.140) unless all of the
Iron, steel and manufactured goods (as defined in 2 CFR 176.140) used in the project are produced in the
United States. A waiver is available under three limited circumstances:(1) Iron,steel or relevant manufactured
goods are not produced in the United States In sufficient and reasonable quantities and of a satisfactory
quality; (ii) Inclusion of iron, steel or manufactured goods produced In the United States will increase the cost
of the overall project by more than 25 percent; or(ill)Applying the domestic preference would be Inconsistent
with the public interest. This is referred to as the"Buy American"requirement. Request for a waiver must be
made to the COUNTY for an appropriate determination.
Section 1606 of ARRA requires that laborers and mechanics employed by contractors and subcontractors on
projects funded directly by or assisted In whole or in part by and through the Federal Government pursuant to
ARRA shall be paid wages at rates not less than those prevailing on projects of a character similar in the
locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act(40 U.S.C. 31). This
is referred to as the"image rate"requirement.
The above described provisions constitute notice under ARRA of the Buy American and wage rate
requirements. SAN BERNARDINO and its contractors must contact the COUNTY contact If It has any
questions regarding the applicability or implementation of the ARRA Buy American and wage rate
requirements. SAN BERNARDINO and its contractors will also be required to provide detailed Information
regarding compliance with the Buy American requirements,expenditure of funds and wages paid to employees
so that the COUNTY may fulfill any reporting requirements it has under ARRA. The information may be
required as frequently as monthly or quarterly. SAN BERNARDINO and its contractors agree to fully
cooperate In providing information or documents as requested by the COUNTY pursuant to this provision.
Failure to do so will be deemed a default and may result In the withholding of payments and termination of this
Contract.
SAN BERNARDINO and its contractors may also be required to register in the Central Contractor Registration
(CCR) database at htto:PWww.ccr.00v and may be required to have its subcontractors also register In the
some database. SAN BERNARDiNO and Its contractors must contact the COUNTY with any questions
regarding registration requirements.
Schedule of Expenditure of Federal Awards.
In addition to the requirements described In"Use of ARRA Funds and Requirements;proper accounting and
reporting of ARRA expenditures In single audits is required. SAN BERNARDINO and Its contractors agree to
separately identify the expenditures for each grant award funded under ARRA on the Schedule of
Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by the Office of
Revised 118M3 Pago 4 of 6
2015-34
Management and Budget Circular A-133,"Audits of States,local Governments,and Nonprofit Organizations."
This Identification on the SEFA and SF-SAC shall include the Federal award number. the Catalog of Federal
Domestic Assistance (CFDA) number, and amount such that separate accountability and disclosure Is
provided for ARRA funds by Federal award number consistent with the recipient reports required by ARRA
Section 1512 (c). in addition, SAN BERNARDINO and Its contractors agree to separately identify to each
subcontractor and document at the time of sub-contract and at the time of disbursement of funds, the Federal
award number,any special CFDA number assigned for ARRA purposes.and amount of ARRA funds.
SAN BERNARDINO and its contractors may be required to provide detailed Information regarding
expenditures so that the COUNTY may fulfill any reporting requirements under ARRA described In this section.
The information may be required as frequently as monthly or quarterly. SAN BERNARDINO and Its
contractors agree to fully cooperate in providing information or documents as requested by the COUNTY
pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of
payments and termination of this Contract.
Whieftlower Protection
SAN BERNARDINO and its contractors agree that both It and Its subcontractors shall comply with Section
1553 of the ARRA, which prohibits all non-Federal contractors, including the State, and all contractors of the
State, from discharging, demoting or otherwise discriminating against an employee for disclosures by the
employee that the employee reasonably believes are evidence of (1) gross mismanagement of a contract
relating to ARRA funds;(2)a gross waste of ARRA funds;(3)a substantial and specific danger to public health
or safety related to the implementation or use of ARRA funds; (4) an abuse of authority related to the
Implementation or use of recovery funds; or (5) a violation of law, rule, or regulation related to an agency
contract(Including the competition for or negotiation of a contract)awarded or Issued relating to ARRA funds.
SAN BERNARDINO and Its contractors agree that A and Its subcontractors shag post notice of the rights and
remedies available to employees under Section 1553 of Division A, Title XV of the ARRA.
22.The recitals are incorporated Into the body of this Agreement by this reference.
Revised 118113 Page 5 of a
2015-34
COUNTY OF SAN BERNARDINO City of San Bernardino
(Print or type name ofoorporation,company,conbaclor,sec.)
► By ►
James Ramos,Chair,Board of Supervisors (Authorized algnetore.al;n In blue M)
Dated: Name Allen J. Parker
(Pilot or We now of person slg"oonbac(l
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE Title City Mnnngar
CHAIRMAN OF THE BOARD (Print or type)
Laura H.Welch Dated:
Clerk of the Board of Supervlaora
of the County of San Bernardino
By Address 300 North "D" Street
thpegn
San Rarnnrrli nn, CA 9941A
(Print or type name ofoorporaft company,conbeclor,aft)
By ►
(Print or"name of person sWing conbvd)
Tide
(Print or Type)
Dated:
Address
Approved as to Legal Form evlowed by Contract Compllance Presented to SOS nor Signature
► ► ►
County Counsel—Scott Runyan,Deputy Department Head
Date Date Date
Revised 1013 Page 6 of 6
2015-34
AGREEMENT WITH THE CITY OF SAN BERNARDINO AND THE CITY OF HIGHLAND
EXHIBIT"A"
TRAFFIC SIGNALS
SCHEDULE 1-MAINTAINED BY COUNTY
MAINTENANCE A OPERATION COST SPLIT
1 LOCATION CITY OF SAN BERNARDINO CITY OF HIGHLAND COUNTY
SCHEDULE 11-MAINTAINED BY THE CITY OF SAN BERNARDINO
LOCATION MAINTENANCE A OPERATION COST SPLIT
CITY OF SAN BERNARDINO CITY_ 0,F HIGHLAND COUNTY
1) DEL ROSA DRIVE®BASELINE STREET 60% 2676 25%
2) TIPPECANOE AVENUE®THIRD STREET 90% 287E 25%
3) PACIFIC STREET(It STERLING AVENUE 26% 60% 2S.
SCHEDULE 111-MAINTAINED BY THE CITY OF HIGHLAND
MAINTENANCE 8 OPERATION COST SPLIT
KQ OL CATION CITY OF SAN BERNARDINO CITY OF HIGHLANO COUNTY
DATE: DATE
COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO
DIRECTOR OF PUBLIC WORKS DIRECTOR OF PUBLIC WORKS
GATE:
CITY OF HIGHLAND
DIRECTOR OF PUBLIC WORKS
2015-34
AGREEMENT WITH THE CITY OF SAN BERNARDINO AND THE CRY OF HIGHLAND
EXHIBIT W
INTERSECTION LIGHTING
SCHEDULE I-MAINTAINED BY COUNTY
MAINTENANCE B OPERATICN COST BPUT
LOCATION CITY OF SAN B6RNAROIND CRY DF HIONLAMD MMU
SCHEDULE II-MAINTAINED BY THE CITY OF SAN BERMARDINO
LOCATION MAINTENANCE&OPERATION COBTSPLIT
1) DEL ROSA DRIVE®BASELINE STREET 61I76 CIiY X26% %
2) TIPPECANOEAVVENNUE0 THIRD STREET m% 2rA 25%
S) PACIFIC STREET®STERLING AVENUE 2VA 0% 26%
SCHEDULE III-MAINTAINED BY THE CITY OF HIGHLAND
MAINTENANCE&OPERATION COST SKIT
Ell LOCATION CRY OF SAN 19IIIIJU ITID CRY OF MSNLAND COUN�
DATE DATE
COUNTY OFSAN BERNARDINO CITY OF BAN BERNARDINO
DIRECTOR OF PUBLIC WORKS DIRECTOR OF PUBUC WORDS
DAT¢;
CITY OF HIGHLAND
DIRECTOR OF PUBLIC WORKS
2015-34
FOR COUNTY USEOItit.Y
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Courrtyr DepaNmem Dept. Orga. Contractors license No.
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Camty DepaAmw t om*a:t Repros"vw 781001one Total Conbsot Amount
County of San Bemardino Edward Petro (WO)387-81M
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CITY OF SAN BEHMMINO,wy FY Amount 1/D FY Amount u0
.� OF HIGHLAND AND THE _
MUM—91MAL _
MAINTENANCE AGREEMENT
THIS CONTRACT is entered into in the State of Calflomle by and between the County of San Bernardino,hereinafter called
the County,and
Name
CITY OF SAN BERNARDINO hereinafter called SAN BERNARDINO
Ad
300 North D Street
San Bernardino,CA 92418
T Federal 10 No.or So"BGcu N*
(909)384-7272
Name
CITY OF HIGHLAND herelnaiter called HIGHLAND
Address
27215 Base Line
Highland,CA 92346
T616phons Federal 10 No.or Social Securay No.
(909)864-61161
IT IS HEREBY AGREED AS FOLLOWS:
(Use space bstaw and additional bond shaefs Set fcrM servke to be rendered,amount to ba peA meaner of payment;Um Mrpentmonce or comypfelton,
deiem*wflar of saftbc1bry parlbrmanof and cause for Mrrrrhnafton,other Mims and condllkm and effwh pMd%apeollloeNam and addends,Many)
WHEREAS, certain traffic signals and highway lighting facilities have been Installed and are maintained at
designated intersections of City of San Bernardino (hereinafter referred to as"SAN BERNARDINO") and City of
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Page 1 of B
2015-34
Highland(hereinafter referred to as"HIGHLAND")streets and a County of San Bernardino(hereinafter referred to
as"COUNTY)road;and
WHEREAS, COUNTY, SAN BERNARDiNO and HIGHLAND desire to set forth herein the responsibilities
and obligations of each as they pertain to the maintenance and operation activities and the distribution of the
related costs for the designated Intersections.
NOW,THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. This Agreement applies to the Intersections shown in Exhibit A and Exhibit B (hereinafter referred to as"the
Intersections"), said exhibits are attached hereto and incorporated into the body of this Agreement by this
reference.
2. SAN BERNARDINO shall be responsible for all maintenance work for the traffic signal and safety lighting at
these Intersections, except that utility-awned intersection lighting will be maintained by the utility owning the
same.
3. SAN BERNARDINO shall Invoice the COUNTY and HIGHLAND for the cost of services provided and shall
provide a summary of actual maintenance and power costs of the intersections. The cost of maintenance
referred to herein shall include all direct costs, plus a 5% (functional and administrative overhead)assessment
to cover indirect costs incurred In providing the maintenance services.
4. The share of casts for the operation and maintenance of the traffic signals shall be based on a ratio of the
number of legs at each Intersection that lie within each party's jurisdiction.The cost percentages are shown in
Exhibit A and Exhibit B.
5. Where highway lighting, flashers, or other electrically operated traffic controls or warning devices have been
specifically approved by the parties at the Intersections, the maintenance and power costs thereon shall be
shared between SAN BERNARDINO, HIGHLAND and COUNTY in the some manner as provided for sharing
traffic signal costs.
6. Routine maintenance work to be performed under this Agreement will include patrolling, furnishing of electric
energy, and furnishing necessary repairs and/or replacements as required to insure satisfactory service of the
Intersections. Installation of additional facilities is not a maintenance function under this Agreement.
7. The net amount(actual cost less reimbursements or contributions by individuals/entitles that are not a party to
this Agreement) of extraordinary expenses, such as for the repair of extensive damage or replacement of
components of the signal Installation, shall be assessed, and shall be the shared expense of SAN
BERNARDINO, HIGHLAND and COUNTY based upon the aforementioned vatic for share of costs. These
expenses shall be assessed regardless of where the actual damage occurred. Invoices for said cost shall be
itemized as to material, including service and expense, salaries and wages, and equipment rental. SAN
BERNARDINO shall make every reasonable effort to recover the costs of damages from the party responsible
for said damage to any facility.
8. In the event that a major component of the traffic signal and safety lighting at these Intersections(such as the
controller assembly, signal poles, etc.) is damaged, destroyed or becomes obsolete, if the repair or
replacement of the component will exceed $5,000, SAN BERNARDINO shall obtain the advance written
approval of COUNTY and HIGHLAND prior to performing the work. COUNTY's Director of Public Works, and
HiGHLAND's Director of Engineering Services/City Engineer, or designee is authorized to approve or reject
SAN BERNARDINO's proposed repair or replacement of a major component.
9. COUNTY, SAN BERNARDINO, and HIGHLAND are self-insured public entitles for purposes of General
Liability, Automobile Liability, Workers' Compensation coverage and warrant that through their programs of
self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the terms,
conditions and obligations of this Agreement. SAN BERNARDINO shall require all contractors and vendors
Revised INIS Page 2 of 6
2015-34
working on the Intersections to have appropriate and adequate insurance coverage for the mutual protection
and benefit of the patties. Alt contractors and vendors shaft name HIGHLAND and COUNTY and their officers,
employees,agents and authorized volunteers as additional insureds.
10.COUNTY agrees to indemnify, defend (with counsel approved by SAN BERNARDINO and HIGHLAND)and
hold harmless SAN BERNARDINO and HIGHLAND and their officers, employees, agents and authorized
volunteers from any and all claims, actions, losses, damages, and/or liability resulting from the COUNTY's
negligent acts or omissions which arise from the COUNTY's performance of its obligations under this
Agreement.
SAN BERNARDINO agrees to indemnify. defend (with counsel approved by COUNTY and HIGHLAND)and
hold harmless the COUNTY and HIGHLAND and their officers, employees, agents and authorized volunteers
from any and all claims, actions, losses, damages and/or liability resulting from SAN BERNARDINO's
negligent acts or omissions which arise from SAN BERNARDINO's performance of its obligations under this
Agreement.
HIGHLAND agrees to Indemnify, defend (with counsel approved by COUNTY and SAN BERNARDINO)and
hold harmless the COUNTY and SAN BERNARDINO and their officers, employees, agents and authorized
volunteers from any and all claims, actions, losses, damages and/or liability resulting from HIGHLAND's
negligent acts or omissions which arise from HIGHLAND's performance of its obligations under this
Agreement.
In the event COUNTY, SAN BERNARDINO and/or HIGHLAND are found to be comparatively at fault for any
claim, action, toss or damage which results from their respective obligations under this Agreement, COUNTY,
SAN BERNARDINO and/or HIGHLAND shall indemnify the other to the extent of Its comparative fault.
11.The Agreement shall become effective on the date it is approved by all parties, and shall remain in effect
through June 30,2024. However,any one of the three parties may terminate this Agreement without cause by
providing the other parties a written notice of intention to terminate sixty (00) days in advance of the
termination date.
12.in the performance of this Agreement each party,and their agents and employees,shall act in an independent
capacity and not as officers,employees,or agents of the other parties.
13. In the event of litigation arising from this Agreement, each party to the Agreement shall bear its own costs,
including attorneys' fees. This paragraph does not apply to costs or attorney fees relative to paragraph 10
relating to indemnification.
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.
15.This Agreement shall be governed by the laws of the State of California.Any action or proceeding between
COUNTY, SAN BERNARDINO, and HIGHLAND concerning the interpretation or enforcement of this
Agreement,or which arises out of or is in any way connected with this Agreement,shall be Instituted and tried
in the appropriate state court in the County of San Bernardino,California.
16.Time Is of the essence for each and every provision of this Agreement.
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.
Revised 118/13 Page 3 of 6
2015-34
18.No waiver of any default shall constitute a waiver of any other default or breach,whether of the same or other
covenant or condition. No waiver, benefit, privilege,or service voluntarily given or performed by a party shall
give the other party any contractual rights by custom,estoppel,or otherwise.
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.
20.This Agreement may be signed In counterparts,each of which shall constitute an original.
21.Use of ARRA Funds and Requirements. This Contract may be funded in whole or in part with funds provided
by the American Recovery and Reinvestment Act of 2009 ('ARRA"), signed into law on February 17, 2009.
Section 1605 of ARRA prohibits the use of recovery funds for a project for the construction, alteration,
maintenance or repair of a public building or public work(both as defined in 2 CFR 175.140) unless all of the
Iron, steel and manufactured goods (as defined In 2 CFR 176.140) used in the project are produced in the
United States. A waiver Is available under three limited circumstances:(1) Iron,steel or relevant manufactured
goods are not produced In the United States In sufficient and reasonable quantities and of a satisfactory
quality; (11) Inclusion of iron,steel or manufactured goods produced In the United States will increase the cost
of the overall project by more than 25 percent; or(ill)Applying the domestic preference would be Inconsistent
with the public interest. This is referred to as the"Buy American"requirement. Request for a waiver must be
made to the COUNTY for an appropriate determination.
Section 1606 of ARRA requires that laborers and mechanics employed by contractors and subcontractors on
projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to
ARRA shall be paid wages at rates not less than those prevailing on projects of a character similar In the
locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act(40 U.S.C. 31). This
is referred to as the enrage rate"requirement.
The above described provisions constitute notice under ARRA of the Buy American and wage rate
requirements. SAN BERNARDINO and its contractors must contact the COUNTY contact if it has any
questions regarding the applicability or implementation of the ARRA Buy American and wage rate
requirements. SAN BERNARDINO and its contractors will also be required to provide detailed Information
regarding compliance with the Buy American requirements,expenditure of funds and wages paid to employees
so that the COUNTY may fulfill any reporting requirements it has under ARRA. The information may be
required as frequently as monthly or quarterly. SAN BERNARDINO and its contractors agree to fully
cooperate in providing information or documents as requested by the COUNTY pursuant to this provision.
Failure to do so will be deemed a default and may result In the withholding of payments and termination of this
Contract.
SAN BERNARDINO and its contractors may also be required to register in the Central Contractor Registration
(CCR) database at httn://www.ccr.srov and may be required to have its subcontractors also register In the
same database. SAN BERNARDINO and Its contractors must contact the COUNTY with any questions
regarding registration requirements.
Schedule of Exoenditure of Federal Awards
In addition to the requirements described in"Use of ARRA Funds and Requirements;proper accounting and
reporting of ARRA expendittires,in single audits is required. SAN BERNARDINO and its contractors agree to
separately identify the expenditures for each grant award funded under ARRA on the Schedule of
Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by the Office of
PiWood 1f8M3 Page 4 of 6
2015-34
Management and Budget Circular A-133,"Audits of States.Local Governments,and Nonprofit Organizations."
This Identification on the SEFA and SF-SAC shall include the Federal award number.the Catalog of Federal
Domestic Assistance (CFDA) number, and amount such that separate accountal>iltty and disclosure Is
provided for ARRA funds by Federal award number consistent with the recipient reports required by ARRA
Section 1512 (c). In addition, SAN BERNARDINO and its contractors agree to separately Identify to each
subcontractor and document at the time of sub-contract and at the time of disbursement of funds,the Federal
award number,any special CFDA number assigned for ARRA purposes.and amount of ARRA funds.
SAN BERNARDINO and Its contractors may be required to provide detailed information regarding
expenditures so that the COUNTY may fulfill any reporting requirements under ARRA described in this section.
The information may be required as frequently as monthly or quarterly. SAN BERNARDINO and Its
contractors agree to fully cooperate In providing information or documents as requested by the COUNTY
pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of
payments and termination of this Contract
Whistie&wer Protection
SAN BERNARDINO and its contractors agree that both It and Its subcontractors shall comply with Section
1553 of the ARRA, which prohibits all non-Federal contractors, including the State, and all contractors of the
State, from discharging, demoting or otherwise discriminating against an employee for disclosures by the
employee that the employee reasonably believes are evidence of: (1) gross mismanagement of a contract
relating to ARRA funds;(2)a gross waste of ARRA funds;(3)a substantial and specific danger to public health
or safety related to the implementation or use of ARRA funds; (4) an abuse of authority related to the
Implementation or use of recovery funds; or (5) a violation of law, rub, or regulation related to an agency
contract(including the competition for or negotiation of a contract)awarded or issued relating to ARRA funds.
SAN BERNARDiNO and Its contractors agree that it and Its subcontractors shall post notice of the rights and
remedies available to employees under Section 1553 of Division A, TrHe XV of the ARRA.
22.The recitals are incorporated into the body of this Agreement by this reference.
Revleed 1/9113 Page 5 of 6
2015-34
COUNTY OF SAN BERNARDINO City of San Bernardino
(Print or type name of core don,company,conlracto.etc.)
► By
James Ramos,Chair,Board of Supervisors (Au&fted sitneeure-aW In due ink)
Dated: Name Allen J. Parker
(Print or type name ofperson 80ft combed)
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE Title City Manager
CHAIRMAN OF THE BOARD (11"M type)
Laura H.Welch Dated: ��-?G/fAL
Clark of the Board of Supervisors
of the County of San Bernardino
By Address 300 North "D" Street
1leprrgr
fan Bernardino. CA 92418
(Plait or"@ name ofcorporaftL compery,contredmr,Wa)
► By IN.
(Print or type name of person aigntrrg contract)
Title
(Pdw or type)
Dated:
Address
Approved as to i eo Farm RevWimed by Conhact Compliance Promoted to 808 for Signature
► ► ►
County Counsel—Scott Runyon,Deputy Dsp dm nt Mud
Ode Data Dote
Ravieed 118/13 Page 6 of 6
COUNTY OF SAN BE A INO (Print or type name of corporation,company,contractor,etc.)
► /�_ ... .. By ►
James Ramos, Ch ' , Board of Supervisors (Authorized signature-sign in blue ink)
Dated: JAN 2 7 2015 Name
(Print or type name of person signing contract)
SIGNED AND CE F PY OF THIS
DOCUMENT H THE Title
CHAIRMAN
,c; r4LeI Dated:
r of S ervisors
n n dino
By Address
RDINO Co
�az:zxs
(Print or type name of corporation,company,contractor,etc.)
► By
(Print or type name of person signing contract)
Title
(Print or Type)
Dated:
Address
Approved a to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature
► partment e d Gerry Newcombe
County ounsel-Scott Runyan,Deputy Grant .Mann
- ( � Date ���� Date
Date ,
Page 6 of 6
Revised 1/8/13
2015-34
AGREEMENT WITH THE CITY OF SAN BERNARDINO AND THE CITY OF HIGHLAND
EXHIBIT"A"
TRAFFIC SIGNALS
SCHEDULE 1-MAINTAINED BY COUNTY
MAINTENANCE&OPERATION COST SPLIT
LOCATION CITY OF SAN BERNARDINO CITY OF HIGHLAND CouNTY
SCHEDULE 11-MAINTAINED BY THE CITY OF SAN BERNARDINO
LOCATION MAINTENANCE A OPERATION COST SPLIT
CITY OF SAN BERNARDINO rITY OF HIGHLAND COUNTY
1) DEL ROSA DRIVE NS BASELINE STREET 60% 26% 26%
2) TIPPECANOE AVENUE®THIRD STREET 60% 25% 26%
3) PACIFIC STREET 0 STERLING AVENUE 26% 60% 26%
SCHEDULE III-MAINTAINED BY THE CITY OF HIGHLAND
MAINTENANCE&OPERATION COST SPLIT
LOCATION CITY OF SAN SERNARDINO CITY OF HIGHLAND COUNTY
DATE: DATE
COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO
DIRECTOR OF PUBLIC WORKS DIRECTOR OF PUBLIC WORKS
DATE:
CITY OF HIGHLAND
DIRECTOR OF PUBLIC WORKS
2015-34
AGFM3ftW WFrH THE CITY OF SAN BERNARDINO AND THE CITY OF HIGHLAND
E)WIBHT W
IN7ERtlCTION LIGHTING
SCHEDULE I-MAINTAINED BY COUNTY
MAINTENANCE&OPERA710H COST SPLIT
I�
Loam CITY OF ON BERNAIHdWO CRY OF Hb1iANR COUNTY
SCHEDULE N-MAINTAWD BY THE CITY OF SAN BERNARDINO
�Q LOCATION MAINTENANCE iOPERATION COST SPLIT
CffYCFMNMMNMM cRYOrHOMAD COUNTY
1) On RDSA DRIVE O BASELINE STREET 5076 =% 2Ti'J<
2) TE+PECAHOE AVENUE O THIRD STREET 5076 NB% 20
3) PACIFIC STREET O STERLING AVE" 26% 00% 276
SCHEDULE IN-MAINTAINED BY THE CITY OF HIGHLAND
MAINTENANCE i OPERATION COST SPLIT
WL LOCATION CRY OF RAN BELWMBINO CRY OP HIANLMO COUN
DAM, ONTE
COUNTY OFSM BERNARDINO CRY OF SAN BEFINARDINO
DIRECfOROF PUBLIC W01" DIRECTOROFPUBI.IC WORIGS
DAZE
CITY OF HIGHUM
DIRECTOR OF PUBLIC WORKS
2015-34
FORCOUNTYUBEONLY
NEW FAS Vendor Code Q^ DeOt• Conked Number
Chwaa e7y
OPM V ber afro Conked Number
County Depedment Dept 000M Nntraftes License No.
Pub1c Wortoe Tmnsportatlon TRA TRA
County Department Conked Represaolefive Te11e01100e TOW Contmot Amount
County of San Bernardino Edward Petra (809)387-8186
F A S
STANDARD CONTRACT It not ertagnbered or revenue ooalreo!l M gimme roomy I
modily Code Contract Start Date Contract IAMOUnt Am ent Amount
0430/2024 $
Fund Dept. OMeattation Appr. 0WRev Solace GRC/PROJ/J B No Amount
SAA TRA TRA 200 2446 01HWO25 $
Fund Dept, Orgardaatton Appr. ObYllev Souree MWWXM Na Amount
$
Fund Dept OWnbellon Appr. I ObyRevSouca JORCIPROJIJOB No. Amount
S
CITY OF �B ANINO.CITY FY ^EAmount P D�Ftscal eaAmount W
OF HIGHLAND AND THE
QQUNTY-SIONAI w _
MAINTENANCE AGREEMENT r
THIS CONTRACT is entered Into in the State of Callfomle by and between the County of San Bernardino,hereinafter called
the County,and
Name
CITY OF SAN BERNARDINO hereinafter called SAN BERNARDINO
Ad
300 North D Street
San Bernardino,CA 92418
T Federal ID No.or Sooal Sam*Na
(908)384-7272
Name
CITY OF HIGHLAND hereinafter called HIGHLAND
Address
27215 Base Line
Highland,CA 92346
Telephone Federal 10 W.or Sodal Seamy No.
(909 8646881
IT IS HEREBY AGREED AS FOLLOWS:
(Uae apace below and sdd btW bond&hoof% Se(forfb aarvke(o be mnderod,amount to bo paid,n?MtWofpoy=#K tine forperfomrance ar cony inUM,
detern*wflon of sehh bry perkwanincs and come for tem*90on,other Wm and aond flarx and attach phrrte,apeoNroef M and mddenck Xany.)
WHEREAS, certain traffic signals and highway lighting facilities have been Installed and are maintained at
designated Intersections of City of San Bernardino (hereinafter referred to as"SAN BERNARDINO") and City of
C U
EMU qMwo dW
Input Dais Keyed BY
Pape 1 of 6
2015-34
Highland(hereinafter referred to as"HIGHLAND")streets and a County of San Bernardino(hereinafter referred to
as"COUNT)")road;and
WHEREAS, COUNTY, SAN BERNARDINO and HIGHLAND desire to set forth herein the responsibilities
and obligations of each as they pertain to the maintenance and operation activities and the distribution of the
related costs for the designated Intersections.
NOW,THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. This Agreement applies to the intersections shown in Exhibit A and Exhibit B (hereinafter referred to as"the
Intersections"), said exhibits are attached hereto and incorporated into the body of this Agreement by this
reference.
2. SAN BERNARDINO shall be responsible for all maintenance work for the traffic signal and safety lighting at
these Intersections, except that utility-awned intersection lighting will be maintained by the utility owning the
same.
3. SAN BERNARDINO shall Invoice the COUNTY and HIGHLAND for the cost of services provided and shall
provide a summary of actual maintenance and power costs of the intersections. The cost of maintenance
referred to herein shall include all direct costs, plus a 5% (functional and administrative overhead)assessment
to cover indirect costs incurred In providing the maintenance services.
4. The share of costs for the operation and maintenance of the traffic signals shall be based on a ratio of the
number of legs at each Intersection that lie within each party's jurisdiction.The cost percentages are shown in
Exhibit A and Exhibit B.
5. Where highway lighting, flashers, or other electrically operated traffic controls or warning devices have been
specifically approved by the parties at the Intersections, the maintenance and power costs thereon shall be
shared between SAN BERNARDINO, HIGHLAND and COUNTY in the same manner as provided for sharing
traffic signal costs.
6. Routine maintenance work to be performed under this Agreement will include patrolling, furnishing of electric
energy, and furnishing necessary repairs and/or replacements as required to Insure satisfactory service of the
Intersections. Installation of additional facilities is not a maintenance function under this Agreement,
7. The net amount(actual cost less reimbursements or contributions by individuals/entitles that are not a party to
this Agreement) of extraordinary expenses, such as for the repair of extensive damage or replacement of
components of the signal installation, shall be assessed, and shall be the shared expense of SAN
BERNARDINO, HIGHLAND and COUNTY based upon the aforementioned ratio for share of costs. These
expenses shall be assessed regardless of where the actual damage occurred. Invoices for said cost shall be
itemized as to material, including service and expense, salaries and wages, and equipment rental. SAN
BERNARDINO shall make every reasonable effort to recover the costs of damages from the party responsible
for said damage to any facility.
8. In the event that a major component of the traffic signal and safety lighting at these Intersections(such as the
controller assembly, signal poles, etc.) is damaged, destroyed or becomes obsolete, if the repair or
replacement of the component will exceed $5,000, SAN BERNARDINO shall obtain the advance written
approval of COUNTY and HIGHLAND prior to performing the work. COUNTY's Director of Public Works,and
HIGHLAND's Director of Engineering Services/City Engineer, or designee is authorized to approve or reject
SAN BERNARDINO's proposed repair or replacement of a major component.
9. COUNTY, SAN BERNARDINO, and HIGHLAND are self-insured public entitles for purposes of General
Liability, Automobile Liability, Workers' Compensation coverage and warrant that through their programs of
self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the terms,
conditions and obligations of this Agreement. SAN BERNARDINO shall require all contractors and vendors
Revised 1!9/13 Page 2 of 6
2015-34
working on the Intersections to have appropriate and adequate insurence coverage for the mutual protection
and benefit of the parties. All contractors and vendors shall name HIGHLAND and COUNTY and their officers,
employees, agents and authorized volunteers as additional insureds.
10.COUNTY agrees to indemnify, defend (with counsel approved by SAN BERNARDINO and HIGHLAND)and
hold harmless SAN BERNARDINO and HIGHLAND and their officers, employees, agents and authorized
volunteers from any and all claims, actions, losses, damages, and/or liability resulting from the COUNTY's
negligent acts or omissions which arise from the COUNTY's performance of Its obligations under this
Agreement.
SAN BERNARDINO agrees to indemnify, defend (with counsel approved by COUNTY and HIGHLAND)and
hold harmless the COUNTY and HIGHLAND and their officers, employees, agents and authorized volunteers
from any and all claims, actions, losses, damages and/or liability resulting from SAN BERNARDINO's
negligent acts or omissions which arise from SAN BERNARDINO's performance of its obligations under thls
Agreement.
HIGHLAND agrees to indemnify, defend (with counsel approved by COUNTY and SAN BERNARDINO)and
hold harmless the COUNTY and SAN BERNARDINO and their officers, employees, agents and authorized
volunteers from any and all claims, actions, losses, damages and/or liability resulting from HIGHLAND's
negligent acts or omissions which arise from HIGHLAND's performance of its obligations under this
Agreement.
In the event COUNTY, SAN BERNARDINO and/or HIGHLAND are found to be comparatively at fault for any
claim, action, loss or damage which results from their respective obligations under this Agreement, COUNTY,
SAN BERNARDINO and/or HIGHLAND shall indemnify the other to the extent of Its comparative fault.
11.The Agreement shall become effective on the date it is approved by all parties, and shall remain In effect
through June 30,2024. However,any one of the three parties may terminate this Agreement without cause by
providing the other parties a written notice of intention to terminate sixty (60) days in advance of the
termination date.
12.In the performance of this Agreement,each party,and their agents and employees,shall act in an independent
capacity and not as officers,employees,or agents of the other parties.
13. In the event of litigation arising from this Agreement, each party to the Agreement shall bear its own costs,
including attorneys' fees. This paragraph does not apply to costs or attorney fees relative to paragraph 10
relating to indemnification.
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.
15.This Agreement shall be governed by the laws of the State of California.Any action or proceeding between
COUNTY, SAN BERNARDINO, and HIGHLAND concerning the interpretation or enforcement of this
Agreement or which arises out of or is in any way connected with this Agreement,shall be instituted and tried
in the appropriate state court in the County of San Bernardino,California.
16.Time Is of the essence for each and every provision of this Agreement.
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.
Revised 118113 Page 3 of 6
2015-34
18.No waiver of any default shall constitute a waiver of any other default or breach,whether of the same or other
covenant or condition. No waiver, benefit, privilege,or service voluntsrily given or performed by a party shall
give the other party any contractual rights by custom,estoppel,or otherwise,
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.
20.This Agreement may be signed In counterparts,each of which shall constitute an original.
21.Use of ARRA Funds and Requirements This Contract may be funded in whole or In part with funds provided
by the American Recovery and Reinvestment Act of 2009 ("ARRA"), signed into law on February 17, 2009.
Section 1605 of ARRA prohibits the use of recovery funds for a project for the construction, alteration,
maintenance or repair of a public building or public work(both as defined In 2 CFR 176.140)unless all of the
Iron, steel and manufactured goods (as defined In 2 CFR 176.140) used in the project are produced in the
United States. A waiver Is available under three limited circumstances:(1) Iron,steel or relevant manufactured
goods are not produced In the United States In sufficient and reasonable quantities and of a satisfactory
quality, (ii) inclusion of iron,steel or manufactured goods produced In the United States will increase the cost
of the overall project by more than 25 percent; or(iii)Applying the domestic preference would be inconsistent
with the public interest. This is referred to as the'Buy American"requirement. Request for a waiver must be
made to the COUNTY for an appropriate determination.
Section 1606 of ARRA requires that laborers and mechanics employed by contractors and subcontractors on
projects funded directly by or assisted In whole or in part by and through the Federal Government pursuant to
ARRA shall be paid wages at rates not less than those prevailing on projects of a character similar in the
locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act(40 U.S.C. 31). This
is referred to as the'wage rate"requirement.
The above described provisions constitute notice under ARRA of the Buy American and wage rate
requirements. SAN BERNARDINO and its contractors must contact the COUNTY contact if it has any
questions regarding the applicability or implementation of the ARRA Buy American and wage rate
requirements. SAN 13ERNARDINO and its contractors will also be required to provide detailed Information
regarding compliance with the Buy American requirements,expenditure of funds and wages paid to employees
so that the COUNTY may fulfill any reporting requirements it has under ARRA. The Information may be
required as frequently as monthly or quarterly. SAN BERNARDiNO and its contractors agree to fully
cooperate in providing information or documents as requested by the COUNTY pursuant to this provision.
Failure to do so will be deemed a default and may result in the withholding of payments and termination of this
Contract.
SAN BERNARDiNO and Its contractors may also be required to register in the Central Contractor Registration
(CCR) database at htto://www.ccr.00v and may be required to have its subcontractors also register in the
some database. SAN BERNARDiNO and Its contractors must contact the COUNTY with any questions
regarding registration requirements.
Schedule of Expenditure of Federal Awards.
In addition to the requirements described in"Use of ARRA Funds and Requirements;proper accounting and
reporting of ARRA expenditures in single audits is required. SAN BERNARDINO and its contractors agree to
separately Identify the expenditures for each grant award funded under ARRA on the Schedule of
Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by the Office of
PAMeed IN13 Pop 4 of 6
2015-34
Management and Budget Circular A-133,"Audits of States,Local(kniernments,and Nonprofit Organizations."
This Identification on the SEFA and SF-SAC shall include the Federal award number,the Catalog of Federal
Domestic Assistance (CFDA) number, and amount such that separate accountability and disclosure is
provided for ARRA funds by Federal award number consistent with the recipient reports required by ARRA
Section 1512 (c). In addition. SAN BERNARDINO and its contractors agree to separately Identify to each
aubconbactor and document at the time of sub-contract and at the time of d1sbursement of funds,the Federal
award number,any special CFDA number assigned for ARRA purposes,mid amount of ARRA funds.
SAN BERNARDINO and Its contractors may be required to provide detailed information regarding
expenditures so that the COUNTY may fulfill any reporting requirements under ARRA described in this section.
The Information may be required as frequently as monthly or quarterly. SAN 13ERNARDINO and Its
contractors agree to fully cooperate in providing information or documents as requested by the COUNTY
pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of
payments and termination of this Contract
Whistleblower Protection
SAN BERNARDINO and its contractors agree that both it and Its subcontractors shall comply with Section
1553 of the ARRA, which prohibits all non-Federal contractors, including the State, and all contractors of the
State, from discharging, demoting or otherwise discriminating against an employee for disclosures by the
employee that the employee reasonably believes are evidence of: (1) gross mismanagement of a contract
relating to ARRA funds;(2)a gross waste of ARRA funds;(3)a substantial and specific danger to public health
or safety related to the implementation or use of ARRA funds; (4) an abuse of authority related to the
Implementation or use of recovery funds; or (5) a violation of law, rule, or regulation related to an agency
contract(including the competition for or negotiation of a contract)awarded or Issued relating to ARRA funds.
SAN BERNARDiNO and Its contractors agree that It and its subcontractors shall post notice of the rights and
remedies available to employees under Section 1553 of Division A, Trite XV of the ARRA.
22.The recitals are incorporated into the body of this Agreement by this reference.
Revised 1/GA3 Pogo 5 of 6
2015-34
COUNTY OF SAN BERNARDINO City of San Bernardino
(P►Intortype name of Car or�ar,oompanY,ccnhador,ef�j
► By ►
James Ramos,Chair,Board of Supervisors (A udkdzod abuywo_sW in burs NV
Dated: Name Allen J. Parker
(Prwortypa name ofpersarr alpnhp conbecU
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE Title City Manager
CHAIRMAN OF THE BOARD t )
Laura H.Welch Dated:__ -��.26
Clerk of the Board of Supervisora
of the County of San Bernardino
BY Address '300 Nurth "11" StreRt MOW San Bernardino, CA 92418
City of Highland
(Print or lype rrar cormareB aompay.raoabad-.W-)
► BY Ernest Wong
(Mat or type nerve d petsorr stye contraca
Title Public Works DirectorGity Engineer
A (Prat or rYPa)
Dated: Y' -7(i/o_
Address 27215 Base Line
Highland, CA 92346
jq*—m ad as to i MM Form by contract Compliance Fiift—WAd to BOB for SgnaWm
► ► ►
County Cowwel—Soon Runyon,Deputy DeparfineM Head
ads Data Dane
Revised 1/8113 Pope of 6
2015-34
AGREEMENT WITH THE CITY OF SAN BERNARDINO AND THE CITY OF HIGHLAND
EXHIBIT OAP
TRAFFIC SIGNALS
SCHEDULE I-MAINTAINED BY COUNTY
MAINTENANCE A OPERATION COST SPLIT
LOCATION CITY OF SAN BERNARDINO CITY OF HIGHLAND COUNTY
SCHEDULE II-MAINTAINED BY THE CITY OF BAN BERNARDINO
LOCATION MAINTENANCE S OPERATION COST SPLIT
CITY OF SAN BERNARDINO CITY OF 81ONLAND
1) DEL ROSA DRIVE®BASELINE STREET 50% 26% 26%
2) TIPPECANOE AVENUE®THIRD STREET 50% 28% 25%
3) PACIFIC STREET Q STERLING AVENUE 26% 50% 2g%
SCHEDULE III-MAINTAINED 13Y THE CITY OF HIGHLAND
MAINTENANCE A OPERATION COST SPLIT
b,QQ LOCATION CITY OF SAN BERNARDINO CITY OF HIGHLAND COUNTY
OATS DATE
COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO
DIRECTOR OF PUBLIC WORKS DIRECTOR OF PUBLIC WORKS
GATE:
CITY OF HIGHLAND
DIRECTOR OF PUBLIC WORKS
2015-34
AGREEMENT WITH THE CITY OF SAN BER NARDINO AND THE CITY OF HLGHLAND
EXHIBIT'S'
INTER,SOCTION LIGHTING
SCHEDULE 1-MAINTAINED BY COUNTY
MAINTOWCE&OPERAT1011 COST IN'M
!� Loam CRYOFSANEERNAROM10 CRYOFMHANQ CQUN)y
SCHEDULE N-MAINTAINED BY THE CITY OF SAN BERNARDINO
[�
LOCATION MAINTENANCE i OPEAATM)N COST SPLIT
CITY OF HIGHLAND MUNTY
1) DEL ROSA DRIVE G BASELINE STREET 10% 2B% 2S%
2) TIPPECANOE AVVENNUE®THIRD STREET 1896 20 20
S) PACIM STREET O MIPILINA AVENUE 25% W% 21%
SCHEDULE III-MAINTAINED BY THE CITY OF HIGHLAND
MAINTENANCE&OPWTIO N COST SKIT
mm LOCATION C_RY OF SAN Bf MRN]iN0 CRY OF IB(lNLAND COUN
DATE: DATE
OOUDRY OFSAN 89RNARDDIO CITY OF BAN BERNARDNIO
01IM gROFPUKEWORKS 01RECTOROFPUSUGWtMiiGs
DATE:
CITY OFH%9HLANb
DIRECTOR OF PUBLIC WORKS