HomeMy WebLinkAbout2015-035 I RESOLUTION NO. 2015-35
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT
3 TO THE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO, CONTRACT
4 NO. 84-82, 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
OR THE OTHER'S JURISDICTION.
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
7 CITY OF SAN BERNARDINO AS FOLLOWS:
8
SECTION 1. The City Manager is hereby authorized and directed to execute 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17 rescinded if it is not executed by both parties within sixty (60) days of the passage of this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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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT
TO THE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO, CONTRACT
3 NO. 84-82, TO SHARE THE MAINTENANCE AND OPERATION COST FOR ALL
4 OF THE TRAFFIC SIGNAL INSTALLATIONS AND HIGHWAY LIGHTING
FACILITIES WHERE AT LEAST ONE LEG OF THE INTERSECTION IS IN ONE
5 OR THE OTHER'S JURISDICTION.
6 CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common
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
11 MARQUEZ X
12 BARRIOS x
13 VALDIVIA X
14 SHORETT X
15
NICKEL X
16
17 JOHNSON X
18 MULVIHILL X
19
20 Georgea Hanna, t Clerk
21
The foregoing resolution is hereby approved this � C' day of February, 2015.
22
23
24 R. CAREY AVIS, Mayor
City of San Bernardino
25
Approved as to form:
26
GARY D. SAENZ, City Attorney
27
28 By:
� �
2015-35
FOR COUNTY USE ONLY
New FAS Vendor Code �^ Dept Contract Number
Change v 84.82-A10
sPro Vendor Number ePro Contract Number
County Department Dept. Orgn. _ Contreclote Ucones No.
Public Works Transportation TRA TRA
County Department Contract Representative Telephone Total Contract Amount
County of San Bernardino Edward Petra (909)387-8186
F A S Contract TWm
STANDARD CONTRACT If encumbered or revenue wntrect rovlde reason:
Commodity Code Contract Start Date Contract End Date Odglnal Amount Amendment Amount
08/3012024 $
Fund Dept. Organization Appr. ObjfRev Sauces GRC/PROJ/JOB No Amount
SAA TRA TRA 200 2445 OIH90825 $
Fund Dept. Organization Appr. ObyRev Source GRC/PRO.I/JOe Amount
Fund Dept. Organize n Appr. ObyRev Source ORC/PRONJOB No. aunt
$
Project Name Estimated Payment Total by F 1 Year
CITY OF SAN BERNARDINO.
COUNTY— I
SIGNAL MAINTENANACE FY Amount IID FY Mount Ito
AGREEMENT
THIS CONTRACT is entered Into in the State of California by and between the County of San Bernardino,hereinafter called
the County, and
Name
CITY OF SAN BERNARDINO hereinafter called CITY
Address
300 North D Street
SAN BERNARDINO,CA 92418
Telephone Federal ID or al Security No.
(909)384-7272
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set north servke lobe rendered,amount to be paid,manner of payment,bWo for penbrmance or wmpration,
deteankmUon of satisfactory perfbrmance and cause for termtnation adw terms and conditions,and attach plans,speciNcaHons,and addends,d any.)
AMENDMENT NO. 10
WHEREAS, the COUNTY and CITY have previously entered into an agreement, Contract No. 8482, (the
"Agreement") wherein COUNTY and CITY agreed to share in the maintenance and operation coat for all of the
traffic signal Installations and highway lighting facilities where at least one leg of the intersection is in one or the
other's Jurisdiction;
AadtlonCOn mW- TOM 4 N rr/ae On
a contract Database S
Input Dots Keyed By
Pagel of 3
2015-35
WHEREAS, the lead agency, the location and the percentage of the shared traffic signal and safety lighting
maintenance and operation costs were set forth in Exhibits"A"and"B"to the Agreement;
WHEREAS, pursuant to the terms of the Agreement, COUNTY's Director of the Department of Public Works and
CITY's City Engineer have approved previous amendments to said exhibits;
WHEREAS, both CITY and COUNTY now desire to update the list of intersections and facilities listed in Exhibit"A"
of the Agreement by including the Intersections of Waterman Avenue at Sixth Street and Fortieth Street at E
Street/H Street; the in-ground illuminated crosswalks along Pacific Street at Barton Street, at Fairfax Drive and at
Tippecanoe Avenue; and the flashers on Lynwood Drive at the Del Vallejo Middle School;
WHEREAS, both CITY and COUNTY also desire to update the term "facilities" used in the Agreement to include
in-ground illuminated crosswalks and flashers; and
WHEREAS, both CITY and COUNTY also desire to update the Agreement by adding a termination date, so that
the Agreement does not have an indefinite term, and by updating the indemnification paragraphs.
NOW, THEREFORE, in consideration of mutual covenants and conditions, the parties agree to amend the
Agreement, Contract No. 84-82, as follows:
1. The recitals are incorporated into the Agreement by this reference.
2. DELETE the existing Paragraph 5 and REPLACE it with the following as a new Paragraph 5, which shall
read as follows:
"5. Where highway lighting, flashers, in-ground illuminated crosswalks, or other electronically operated
traffic controls or warning devices have been specifically approved at an intersection or along the roadway,
the maintenance and power costs thereon shall be shared between CITY and COUNTY in the some
manner as provided for sharing traffic signal costs."
3. REPLACE Exhibit "A" and Exhibit "B" with the revised Exhibit "A" and Exhibit "B", attached and
incorporated into this Agreement by this reference.
4. ADD a termination date to Paragraph 9, such that Paragraph 9 now provides:
119. This Agreement shall remain in full force and effect until June 30, 2024. Notwithstanding the
termination date identified herein, either party may terminate this Agreement without cause by providing
the other party a written notice of intention to terminate sixty(60)days in advance of the termination date."
5. DELETE Paragraphs 10(a)and (b) and REPLACE them with the following as new Paragraphs 10(a), (b),
(c)and(d), which shall read as follows:
"10. IT IS MUTUALLY AGREED THAT:
(a) COUNTY and CITY are self-insured public entities 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. CITY shall require all contractors and vendors providing
services under this Agreement to have appropriate and adequate insurance coverage for the mutual
protection and benefit of the parties. All CITY contractors and vendors providing services under this
Revised 118/13 Page 2 of 3
2015-35
Agreement shall name CITY and COUNTY and their officers, employees, agents and authorized
volunteers as additional insureds.
(b) COUNTY agrees to Indemnify, defend (with counsel approved by CITY)and hold harmless
CITY and its officers, employees, agents and authorized volunteers from any and all claims, actions,
losses, damages, and/or liability resulting from COUNTY's negligent acts or omissions which arise from
COUNTY's performance of its obligations under this Agreement.
(c) CITY agrees to indemnify, defend (with counsel approved by COUNTY) and hold harmless
COUNTY and its officers, employees, agents and authorized volunteers from any and all claims, actions,
losses, damages and/or liability resulting from CITY's negligent acts or omissions which arise from CITY's
performance of its obligations under this Agreement.
(d) In the event COUNTY and/or CITY are found to be comparatively at fault for any claim,
action, loss or damage which results from their respective obligations under this Agreement, COUNTY and
CITY shall indemnify the other to the extent of its comparative fault. Furthermore, if COUNTY and/or CITY
attempts to seek recovery from the other for Workers' Compensation benefits paid to an employee,
COUNTY and CITY agree that any alleged negligence of the employee shall not be construed against the
employer of that employee."
This Amendment No. 10 may be signed in counterparts,each of which shall constitute an original.
All other terms and conditions of the Agreement shall remain in full force and effect.
This Amendment No. 10 to the Agreement shall take effect on the date it Is signed and approved by both parties.
COUNTY OF SAN BERNARDINO City of San Bernardino
(Print Or type name ofcorporetian,company,contracts;etc)
► By
James Ramos,Chair, Board of Supervisors (Authorized elgn atu►e-sign m blue ink)
Dated: Name Allen J. Parker
(Print or We name of person B&ft contract)
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN,DELIVERED TO THE Title City Manager
CHAIRMAN OF THE BOARD (Print or Type)
Laura H.Welch Dated:
Clerk of the Board of Supervisors
of the County of San Bernardino
By Address 300 North "D" Street
Deputy
San Bernardino, CA 92418
Approved as to Legal Form Revlewed by Contract Compliance Presented to 603 for Signalure
10- 10.
County Counsel Department Head
Date Date Date
Revised 118113 Page 3 of 3
2015-35
CITY OF SAN BERNARDINO
EXHIBIT"A"
TRAFFIC 81GNAL,IN GROUND LIGHTING AND BEACON INSTALLATIONS
SCHEDULE I-MAINTAINED BY COUNTY
MAINTENANCE S OPERATION COAT$PUT
NIZ. LOCATION CITY OF SAN BERNAROINO COUNTY
1) STERLING AVENUE®DATE STREET 25% 7
2) THIRD STREET®LENA ROAD 50% 60%
3) PACIFIC ST 0 BARTON ST(IN GROUND LIGHTING) 50% 50%
4) PACIFIC ST O TIPPECANOE AVE(IN GROUND LIGHTING) 50% 60%
5) PACIFIC ST®FAIRFAX DR(IN GROUND LIGHTING) 60% 50%
6) LYNWOOD OR-DEL VALLEJO SCHOOL(BEACONS) 50% 66%
SCHEDULE II-MAINTAINED BY THE CITY OF SAN BERNARDINO
MAINTENANCES OPERATION COST SPLIT
ha LOCATION CITY OF SAN BERNARDINO
1) WATERMAN AVENUE®THIRD STREET 76% 225%
2) WATERMAN AVENUE 49 FOURTH STREET 76% 26%
3) WATERMAN AVENUE®FIFTH STREET 75% 25%
4) GOLDEN AVENUE®LYNWOOD AVENUE 50% 60%
5) DEL ROSA AVENUE®DEL ROSA DRIVE 33% 67%
6) DEL ROSA AVENUE m LYNWOOD DRIVE 50% 60%
7) STERLING AVENUE®HIGHLAND AVENUE 76% 269'.
8) STERLING AVENUE 8 DATE PLACE 60% 50%
e) WATERMAN AVENUE 0 SIXTH STREET 67% 33%
10) FORTIETH STREET(11 E STREET/H STREET 50% 60%
REVISION NO, TEN EFFECTIVE DATE:Data it is approved by all parties
DATE: DATE
COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO
DIRECTOR OF TRANSPORTATION DIRECTOR OF PUBLIC WORKS
2015-35
CITY OF SAN BERNARDINO
EXHIBIT'S"
INTERSECTION LIGHTING
SCHEDULE I-MAINTAINED BY COUNTY
MAINTENANCE A OPERATION COST SPLIT
1O LOCATION CITY OF SAN BERNARDINO OC UNTY
1) STERLING AVENUE it DATE STREET 20% 75%
2) THIRD STREET®LENA ROAD 50% 50%
SCHEDULE Il-MAINTAINED BY THE CITY OF SAN BERNARDINO
MAINTENANCE A OPERATION COST SPLIT
NO. LOCATION CITY OF BAN BERNARDINO COUNTY
1) WATERMAN AVENUE®THIRD STREET 75% 25%
2) WATERMAN AVENUE®FOURTH STREET 75% 25%
3) WATERMAN AVENUE 9 FIFTH STREET 75% 25%
4) GOLDEN AVENUE®LYNWOOD AVENUE 50% 50%
b) DEL ROSA AVENUE®DEL ROSA DRIVE 33% 67%
6) DEL ROSA AVENUE®LYNWOOD DRIVE 60% 50%
7) STERLING AVENUE®HIGHLAND AVENUE 75% 25%
6) STERLING AVENUE®DATE PLACE 60% 50%
0) WATERMAN AVENUE®SIXTH STREET 67% 33%
10) FORTIETH STREET 6 E STREETIH STREET 50% 50%
REVISION NO. TEN EFFECTIVE DATE:Date it le eooroyed by all narllee
DATE: DATE
COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO
DIRECTOR OF TRANSPORTATION DIRECTOR OF PUBLIC WORKS
2015-35
FOR COUNTY USE ONLY
New FAB Vendor Code �^ Dspt A Contract Number
Change V !7 84.82-A10
Cancel I ePro Ve d"Number ePro Contract Number
County Department Dept. Otgn. Contractote IJconse No.
Public Works Transportation TRA TRA
County Department Contract Representative Telephone Total Contract Amount
County of San Bernardino Edward Petre (909)387-8188
F A S Contract Type
STANDARD CONTRACT if not encumbered or revenue contract rovida reason:
Commodity coda Contract stag Date Contract tend Date Original Amount Amendment Amount
08/30/2024 $
Fund Dept. Organization Appr. Obj/Rav Source GRCIPRONJOB No Amount
SAA TRA TRA 200 2445 01H90825 $
Fund Dept. Organization Appr. ObyRev Source GRCIPROJ/JOB IW Amount
Fund Dept. Organize n Appr. ObyRev Source ORC/PRONJOB No. Amount
Project Name Estimated Payment Total by Fiscal Year
CITY OF SAN BERNARDINO.
COUNTY— I
SIGNAL MAINTENANACE FY Amount 1/D FY Amount I/D
AGREEMENT
THIS CONTRACT is entered Into in the State of California by and between the County of San Bernardino,hereinafter called
the County, and
Nerve
CITY OF SAN BERNARDINO hereinafter called CITY
Address
300 North D Street
SAN BERNARDINO CA 92418
Telephone Federal ID No.or Social 9scurlty No
(909)384-7272
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheers Set forth service to be rendered,amount to be paid,manner of payment,time for peribmurnce orcompletlon,
determination of satisfactory performance and cause for termination,other terms and conditions,and atfach plans,specUreaHons,and addenda,W any.)
AMENDMENT NO. 10
WHEREAS, the COUNTY and CITY have previously entered into an agreement, Contract No. 8482, (the
"Agreement') wherein COUNTY and CITY agreed to share in the maintenance and operation cost for all of the
traffic signal Installations and highway lighting facilities where at least one leg of the intersection Is in one or the
others jurisdiction;
Audi Conaaawffrosautor far gota rUse
O Conbloot Database FAB
Input Data Keyed By
Page 1 of 3
2015-35
WHEREAS, the lead agency, the location and the percentage of the shared traffic signal and safety lighting
maintenance and operation costs were set forth in Exhibits"A"and"B'to the Agreement;
WHEREAS, pursuant to the terms of the Agreement, COUNTY's Director of the Department of Public Works and
CITY's City Engineer have approved previous amendments to said exhibits;
WHEREAS, both CITY and COUNTY now desire to update the list of intersections and facilities listed in Exhibit"A"
of the Agreement by including the intersections of Waterman Avenue at Sixth Street and Fortieth Street at E
Street/H Street; the in-ground illuminated crosswalks along Pacific Street at Barton Street, at Fairfax Drive and at
Tippecanoe Avenue; and the flashers on Lynwood Drive at the Del Vallejo Middle School;
WHEREAS, both CITY and COUNTY also desire to update the term "facilities" used in the Agreement to include
in-ground illuminated crosswalks and flashers; and
WHEREAS, both CITY and COUNTY also desire to update the Agreement by adding a termination date, so that
the Agreement does not have an indefinite term,and by updating the indemnification paragraphs.
NOW, THEREFORE, in consideration of mutual covenants and conditions, the parties agree to amend the
Agreement, Contract No. 84-82, as follows:
1. The recitals are incorporated into the Agreement by this reference.
2. DELETE the existing Paragraph 5 and REPLACE it with the following as a new Paragraph 5, which shall
read as follows:
"5. Where highway lighting, flashers, in-ground illuminated crosswalks, or other electronically operated
traffic controls or warning devices have been specifically approved at an intersection or along the roadway,
the maintenance and power costs thereon shall be shared between CITY and COUNTY in the some
manner as provided for sharing traffic signal costs."
3. REPLACE Exhibit "A" and Exhibit "B" with the revised Exhibit "A" and Exhibit "B", attached and
incorporated into this Agreement by this reference.
4. ADD a termination date to Paragraph 9, such that Paragraph 9 now provides:
09. This Agreement shall remain in full force and effect until June 30, 2024. Notwithstanding the
termination date identified herein, either party may terminate this Agreement without cause by providing
the other party a written notice of intention to terminate sixty(60)days in advance of the termination date."
5. DELETE Paragraphs 10(a) and (b) and REPLACE them with the following as new Paragraphs 10(a), (b),
(c)and(d),which shall read as follows:
"10. IT IS MUTUALLY AGREED THAT:
(a) COUNTY and CITY are self-insured public entities 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. CITY shall require all contractors and vendors providing
services under this Agreement to have appropriate and adequate insurance coverage for the mutual
protection and benefit of the parties. All CITY contractors and vendors providing services under this
Revised 118113 Pape 2 of 3
2015-35
Agreement shall name CITY and COUNTY and their officers, employees, agents and authorized
volunteers as additional insureds.
(b) COUNTY agrees to Indemnify, defend (with counsel approved by CITY)and hold harmless
CITY and its officers, employees, agents and authorized volunteers from any and all claims, actions,
losses, damages, and/or liability resulting from COUNTY's negligent acts or omissions which arise from
COUNTY's performance of its obligations under this Agreement.
(c) CITY agrees to indemnify, defend (with counsel approved by COUNTY) and hold harmless
COUNTY and its officers, employees, agents and authorized volunteers from any and all claims, actions,
losses, damages and/or liability resulting from CITY's negligent acts or omissions which arise from CITY's
performance of its obligations under this Agreement.
(d) In the event COUNTY and/or CITY are found to be comparatively at fault for any claim,
action, loss or damage which results from their respective obligations under this Agreement,,COUNTY and
CITY shall indemnify the other to the extent of its comparative fault. Furthermore, if COUNTY and/or CITY
attempts to seek recovery from the other for Workers' Compensation benefits paid to an employee,
COUNTY and CITY agree that any alleged negligence of the employee shall not be construed against the
employer of that employee."
This Amendment No. 10 may be signed in counterparts,each of which shall constitute an original.
All other terms and conditions of the Agreement shall remain in full force and effect.
This Amendment No. 10 to the Agreement shall take effect on the date it is signed and approved by both parties.
COUNTY OF SAN BERNARDINO City of San Bernardino
(Print or We name of cwpgW
jm,company,coldraciar.eta)
By
James Ramos,Chair, Board of Supervisors (A led atgnature-sign in blue ink)
Dated: Name Allen J. Parker
(Print or We name ofpsnson aigning contract)
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN'DELIVERED TO THE Title City Manager
CHAIRMAN OF THE BOARD (PAntorVpe)
Laura H.Welch Dated:_���G ✓/.�'
Clerk of the Board of Supervisors
of the County of San Bernardino
By Address 300 North "D" Street
Deputy
San Bernardino, CA 92418
Approved as to Legal Form Reviewed by Contract Compliance Presented to 803 for Signalure
1►
County Counsel Department Head
onto Date Date
Revised 118113 Page 3 of 3
Agreement shall name CITY and COUNTY and their officers, employees, agents and authorized
volunteers as additional insureds.
(b) COUNTY agrees to indemnify, defend (with counsel approved by CITY) and hold harmless
CITY and its officers, employees, agents and authorized volunteers from any and all claims, actions,
losses, damages, and/or liability resulting from COUNTY's negligent acts or omissions which arise from
COUNTY's performance of its obligations under this Agreement.
(c) CITY agrees to indemnify, defend (with counsel approved by COUNTY) and hold harmless
COUNTY and its officers, employees, agents and authorized volunteers from any and all claims, actions,
losses, damages and/or liability resulting from CITY's negligent acts or omissions which arise from CITY's
performance of its obligations under this Agreement.
(d) In the event COUNTY and/or CITY are found to be comparatively at fault for any claim,
action, loss or damage which results from their respective obligations under this Agreement, COUNTY and
CITY shall indemnify the other to the extent of its comparative fault. Furthermore, if COUNTY and/or CITY
attempts to seek recovery from the other for Workers' Compensation benefits paid to an employee,
COUNTY and CITY agree that any alleged negligence of the employee shall not be construed against the
employer of that employee."
This Amendment No. 10 may be signed in counterparts, each of which shall constitute an original.
All other terms and conditions of the Agreement shall remain in full force and effect.
This Amendment No. 10 to the Agreement shall take effect on the date it is signed and approved by both parties.
COUNTY OF SAN BE R INO
(Print or type name of corporation,company,contractor,etc.)
By ►
James Ramos, Ch ' , oard of Supervisors (Authorized signature-sign in blue ink)
Dated: JA� ��� Name
(Print or type name of person signing contract)
SIGNED AND PY OF THIS
DOCUMENT A O THE Title
CHAIRMAN F,,� (Print or Type)
Te Dated:
a of pervisors
th ar ino
By Address
��t8rar.SS$
Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature
Count ounsel 9Grant C.Mann D pa ment Head Gerry Newcombe
Date ( '- LeS I S Date �/v�-� Date
Revised 1/8/13 Page 3 of 3
2015-35
CITY OF SAN BERNARDINO
EXHIBIT W
TRAFFIC 8IGNAL,IN GROUND LIGHTING AND BEACON INSTALLATIONS
SCHEDULE 1-MAINTAINED BY COUNTY
MAINTENANCE d,OPERATION COST SPLIT
LOCATION CITY OF SAN BERNARDINO COUNTY
1) STERLING AVENUE 0 DATE STREET 28% 76%
2) THIRD STREET®LENA ROAD 50% 60%
3) PACIFIC ST®BARTON ST(IN GROUND LIGHTING) 50% 60%
4) PACIFIC ST a TIPPECANOE AVE(IN GROUND LIGHTING) 50% 50%
5) PACIFIC ST®FAIRFAX DR(IN GROUND LIGHTING) 60% 50%
6) LYNWOOD DR-DEL VALLEJO SCHOOL(BEACONB) 50% 60%
SCHEDULE 11-MAINTAINED BY THE CITY OF SAN BERNARDINO
MAINTENANCE&OPERATION COST SPLIT
ha LOCATION CITY OF SAN BERNARDINO GOUNTY
1) WATERMAN AVENUE®THIRD STREET 76% 25%
2) WATERMAN AVENUE FOURTH STREET 75% 25%
3) WATERMAN AVENUE®FIFTH STREET 75% 25%
4) GOLDEN AVENUE®LYNWOOD AVENUE 50% 60%
6) DEL ROSA AVENUE®DEL ROSA DRIVE 33% 67%
6) DEL ROSA AVENUE®LYNWOOD DRIVE 50% 60%
7) STERLING AVENUE®HIGHLAND AVENUE 76% 26%
8) STERLING AVENUE 0 DATE PLACE 60% 50%
e) WATERMAN AVENUE 0 SIXTH STREET 67% 33%
10) FORTIETH STREET G E STREETIH STREET 50% 60%
REV18ION NO. TEN EFFECTIVE DATE:Date it In moomyed by all oartlaa
DATE' DATE
COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO
DIRECTOR OF TRAN8PORTATION DIRECTOR OF PUBLIC WORKS
2015-35
CITY OF SAN BERNARDINO
EXHIBIT'S"
INTERSECTION LIGHTING
SCHEDULE I-MAINTAINED BY COUNTY
MAINTENANCE&OPERATION C08T SPLIT
m OCL ATION CITY OF SAN BERNARDINO OC UNTY
1) STERIJNO AVENUE®DATE STREET 25% 76%
2) THIRD STREET®LENA ROAD 60% 50%
SCHEDULE Il-MAINTAINED BY THE CITY OF SAN BERNARDINO
MAINTENANCE A OPERATION COST SPLIT
NO. LOCATION CITY OF SAN BERNARDINO
1) WATERMAN AVENUE®THIRD STREET 75% C 26%
2) WATERMAN AVENUE®FOURTH STREET 75% 25%
3) WATERMAN AVENUE(9 FIFTH STREET 75% 25%
4) GOLDEN AVENUE®LYNWOOD AVENUE 50% 60%
5) DEL ROSA AVENUE®DEL ROSA DRIVE 33% 87%
6) DEL ROSA AVENUE®LYNWOOD DRIVE 60% 50%
7) STERLING AVENUE®HIGHLAND AVENUE 75% 25%
8) STERLING AVENUE®DATE PLACE 60% 50%
9) WATERMAN AVENUE®SIXTH STREET em 33%
10) FORTIETH STREET @ E STREET/H STREET 60% 50%
REVISION NO. TEN EFFECTIVE DATE:Data It In aaorovad by all as n
DATE: DATE
COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO
DIRECTOR OF TRANSPORTATION DIRECTOR OF PUBLIC WORKS
2015-35
FOR COUNTY USE ONLY
New FAS Vendor Code �+ Dept. /� Contract Number
„ ° , Change SC A
84-82-A10
_ Cancel
ePro Vendor Number ePro Contract Number
County Department Dept. Orgn. Contractors License No.
Public Works Transportation TRA TRA
County Department Contract Representative Telephone Total Contract Amount
County of San Bernardino Edward Petre (909)387-8186
FAS Contract Type
Revenue 171 Encumbered M Unencumbered 171 Other:
STANDARD CONTRACT If not encumbered or revenue contract type,provide reason:
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
06/30/2024 $
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount
SAA TRA TRA 200 2445 011-190825 $
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
Project Name Estimated Payment Total by Fiscal Year
CITY OF SAN BERNARDINO,
COUNTY—
SIGNAL MAINTENANACE FY Amount I/D FY Amount I/D
AGREEMENT
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called
the County, and
Name
CITY OF SAN BERNARDINO hereinafter called CITY
Address
300 North D Street
SAN BERNARDINO, CA 92418
Telephone Federal ID No.or Social Security No.
(909)384-7272
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.)
AMENDMENT NO. 10
WHEREAS, the COUNTY and CITY have previously entered into an agreement, Contract No. 84-82, (the
"Agreement") wherein COUNTY and CITY agreed to share in the maintenance and operation cost for all of the
traffic signal installations and highway lighting facilities where at least one leg of the intersection is in one or the
other's jurisdiction;
Auditor-Controller/Treasurer Tax Collector Use Only
O Contract Database O FAS
Input Date Keyed By
Page 1 of 3
2015-35
WHEREAS, the lead agency, the location and the percentage of the shared traffic signal and safety lighting
maintenance and operation costs were set forth in Exhibits "A" and "B" to the Agreement;
WHEREAS, pursuant to the terms of the Agreement, COUNTY's Director of the Department of Public Works and
CITY's City Engineer have approved previous amendments to said exhibits;
WHEREAS, both CITY and COUNTY now desire to update the list of intersections and facilities listed in Exhibit "A"
of the Agreement by including the intersections of Waterman Avenue at Sixth Street and Fortieth Street at E
Street/H Street; the in-ground illuminated crosswalks along Pacific Street at Barton Street, at Fairfax Drive and at
Tippecanoe Avenue; and the flashers on Lynwood Drive at the Del Vallejo Middle School;
WHEREAS, both CITY and COUNTY also desire to update the term "facilities" used in the Agreement to include
in-ground illuminated crosswalks and flashers; and
WHEREAS, both CITY and COUNTY also desire to update the Agreement by adding a termination date, so that
the Agreement does not have an indefinite term, and by updating the indemnification paragraphs.
NOW, THEREFORE, in consideration of mutual covenants and conditions, the parties agree to amend the
Agreement, Contract No. 84-82, as follows:
1. The recitals are incorporated into the Agreement by this reference.
2. DELETE the existing Paragraph 5 and REPLACE it with the following as a new Paragraph 5, which shall
read as follows:
"5. Where highway lighting, flashers, in-ground illuminated crosswalks, or other electronically operated
traffic controls or warning devices have been specifically approved at an intersection or along the roadway,
the maintenance and power costs thereon shall be shared between CITY and COUNTY in the same
manner as provided for sharing traffic signal costs."
3. REPLACE Exhibit "A" and Exhibit "B" with the revised Exhibit "A" and Exhibit "B", attached and
incorporated into this Agreement by this reference.
4. ADD a termination date to Paragraph 9, such that Paragraph 9 now provides:
119. This Agreement shall remain in full force and effect until June 30, 2024. Notwithstanding the
termination date identified herein, either party may terminate this Agreement without cause by providing
the other party a written notice of intention to terminate sixty (60) days in advance of the termination date."
5. DELETE Paragraphs 10 (a) and (b) and REPLACE them with the following as new Paragraphs 10 (a), (b),
(c) and (d), which shall read as follows:
"10. IT IS MUTUALLY AGREED THAT:
(a) COUNTY and CITY are self-insured public entities 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. CITY shall require all contractors and vendors providing
services under this Agreement to have appropriate and adequate insurance coverage for the mutual
protection and benefit of the parties. All CITY contractors and vendors providing services under this
Revised 1/8/13 Page 2 of 3
2015-35
Agreement shall name CITY and COUNTY and their officers, employees, agents and authorized
volunteers as additional insureds.
(b) COUNTY agrees to indemnify, defend (with counsel approved by CITY) and hold harmless
CITY and its officers, employees, agents and authorized volunteers from any and all claims, actions,
losses, damages, and/or liability resulting from COUNTY's negligent acts or omissions which arise from
COUNTY's performance of its obligations under this Agreement.
(c) CITY agrees to indemnify, defend (with counsel approved by COUNTY) and hold harmless
COUNTY and its officers, employees, agents and authorized volunteers from any and all claims, actions,
losses, damages and/or liability resulting from CITY's negligent acts or omissions which arise from CITY's
performance of its obligations under this Agreement.
(d) In the event COUNTY and/or CITY are found to be comparatively at fault for any claim,
action, loss or damage which results from their respective obligations under this Agreement, COUNTY and
CITY shall indemnify the other to the extent of its comparative fault. Furthermore, if COUNTY and/or CITY
attempts to seek recovery from the other for Workers' Compensation benefits paid to an employee,
COUNTY and CITY agree that any alleged negligence of the employee shall not be construed against the
employer of that employee."
This Amendment No. 10 may be signed in counterparts, each of which shall constitute an original.
All other terms and conditions of the Agreement shall remain in full force and effect.
This Amendment No. 10 to the Agreement shall take effect on the date it is signed and approved by both parties.
COUNTY OF SAN BE R INO
(Print or type name of corporation,company,contractor,etc.)
► By it-
James Ramos, Ch ' , oard of Supervisors (Authorized signature-sign in blue ink)
Dated: Name
4 (Print or type name of person signing contract)
SIGNED ANDFIb,J . PY OF THIS
DOCUMENT ASS u„ O THE Title
CHAIRMAN F,$ (Print or Type)
a Dated:
a of pervisors
Ott ar ino
J
By Address
4
t
Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature
Coun ounsel 9Grant C.Mann DAp-arfment Head Gerry Newcombe
Date I m 1 4 Date // 2 '� Date
Revised 118/13 Page 3 of 3
2015-35
CITY OF SAN BERNARDINO
EXHIBIT"A"
TRAFFIC SIGNAL,IN GROUND LIGHTING AND BEACON INSTALLATIONS
SCHEDULE I-MAINTAINED BY COUNTY
MAINTENANCE&OPERATION COST SPLIT
NO. LOCATION CITY OF SAN BERNARDINO COUNTY
1) STERLING AVENUE @ DATE STREET 25% 75%
2) THIRD STREET @ LENA ROAD 50% 50%
3) PACIFIC ST @ BARTON ST(IN GROUND LIGHTING) 50% 50%
4) PACIFIC ST @ TIPPECANOE AVE(IN GROUND LIGHTING) 50% 50%
5) PACIFIC ST @ FAIRFAX DR(IN GROUND LIGHTING) 50% 50%
6) LYNWOOD OR-DEL VALLEJO SCHOOL(BEACONS) 50% 50%
SCHEDULE 11-MAINTAINED BY THE CITY OF SAN BERNARDINO
MAINTENANCE&OPERATION COST SPLIT
NO. LOCATION CITY OF SAN BERNARDINO COUNTY
1) WATERMAN AVENUE @ THIRD STREET 75% 25%
2) WATERMAN AVENUE @ FOURTH STREET 75% 25%
3) WATERMAN AVENUE @ FIFTH STREET 75% 25%
4) GOLDEN AVENUE @ LYNWOOD AVENUE 50% 50%
5) DEL ROSA AVENUE @ DEL ROSA DRIVE 33% 67%
6) DEL ROSA AVENUE @ LYNWOOD DRIVE 50% 50%
7) STERLING AVENUE @ HIGHLAND AVENUE 75% 25%
8) STERLING AVENUE @ DATE PLACE 50% 50%
9) WATERMAN AVENUE @ SIXTH STREET 67% 33%
10) FORTIETH STREET @ E STREET/H STREET 50% 50%
REVISION NO. TEN EFFECTIVE DATE:Date it is approved by all parties
DATE: DATE
COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO
DIRECTOR OF TRANSPORTATION DIRECTOR OF PUBLIC WORKS
2015-35
CITY OF SAN BERNARDINO
EXHIBIT"B"
INTERSECTION LIGHTING
SCHEDULE I-MAINTAINED BY COUNTY
MAINTENANCE&OPERATION COST SPLIT
NO. LOCATION CITY OF SAN BERNARDINO COUNTY
1) STERLING AVENUE @ DATE STREET 25% 75%
2) THIRD STREET @ LENA ROAD 50% 50%
SCHEDULE 11-MAINTAINED BY THE CITY OF SAN BERNARDINO
MAINTENANCE&OPERATION COST SPLIT
NO. LOCATION CITY OF SAN BERNARDINO COUNTY
1) WATERMAN AVENUE @ THIRD STREET 75% 25%
2) WATERMAN AVENUE @ FOURTH STREET 75% 25%
3) WATERMAN AVENUE @ FIFTH STREET 75% 25%
4) GOLDEN AVENUE @ LYNWOOD AVENUE 50% 50%
5) DEL ROSA AVENUE @ DEL ROSA DRIVE 33% 67%
6) DEL ROSA AVENUE @ LYNWOOD DRIVE 50% 50%
7) STERLING AVENUE @ HIGHLAND AVENUE 75% 25%
8) STERLING AVENUE @ DATE PLACE 50% 50%
9) WATERMAN AVENUE @ SIXTH STREET 67% 33%
10) FORTIETH STREET @ E STREET/H STREET 50% 50%
REVISION NO. TEN EFFECTIVE DATE:Date it is approved by all parties
DATE: DATE
COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO
DIRECTOR OF TRANSPORTATION DIRECTOR OF PUBLIC WORKS
2015-35
FOR COUNTY USE ONLY
New FAB Vendor Code SC Dept. A Contract Number
Change v J'� 84-82-A10
[5 CAMI *Pro Vendor Number ePro Contract Number
County Department _ Dept. Orgn. Contradofe License No.
Public Works Transportation TRA TRA
County Department Contract Representative Telephone Total Contract Amount
County of San Bernardino Edward Petre (909)387.8188
F A S Contract Type
PAMnue ❑ Encumbered 911101;—_--_
STANDARD CONTRACT N not encumbered or revenue wntract provide rowan:
Commodity Code Contract Start Date Contract End Date ftlnal Amount Amendment Amount
08/30!2024 $
Fund Dept. Organ Hon Appr. ObjlRev Source GRC/PROJ/JOB No Amount
SAA TRA TRA 200 2445 01H90825 $
Fund Dept, Organization Appr, ObyRev Source GRO/PROJ/ No. Amount
Fund Dept. organization Appr. ObyRev Source G No. Amount
Project Name Eatlmaled Payment Total by F 1 fear
CITY OF SAN BERNARDINO,
COUNTY–
SIGNAL MAINTENANACE Fy Amount ItD FY Amount I►D
AGREEMENT _
THIS CONTRACT is entered Into In the State of California by and between the County of San Bernardino,hereinafter called
the County, and
Name
CITY OF SAN BERNARDINO hereinafter called CITY
Address
300 North D Street
SAN BERNARDINO,CA 92418
Telephone Federal ID No.or Social Sectaft No.
(909)384-7272
IT IS HEREBY AGREED AS FOLLOWS:
(Use apace below and additional bond sheets. Set"servke to be rendered amount to ba paid,menwrofpayment 07rte ibrperib mince orcompletion,
deter nl Ww of satisfactory peribrmence and cause for termination,other terms and condit wa,and attach plans,spacneatians,and addenda,if any.)
AMENDMENT NO, 10
WHEREAS, the COUNTY and CITY have previously entered into an agreement, Contract No. 8482, (the
"Agreement') wherein COUNTY and CITY agreed to share in the maintenance and operation cost for all of the
traffic signal Installations and highway lighting facilities where at least one leg of the Intersection Is in one or the
other's jurisdiction;
Aid/ etiaNrhawanr 77r4 Use
itfract Database B
Doft Keyed By Page 1 of 3
2015-35
WHEREAS, the lead agency, the location and the percentage of the shared traffic signal and safety lighting
maintenance and operation costs were set forth in Exhibits"A"and"B'to the Agreement;
WHEREAS, pursuant to the terms of the Agreement, COUNTY's Director of the Department of Public Works and
CITY's City Engineer have approved previous amendments to said exhibits;
WHEREAS, both CITY and COUNTY now desire to update the list of intersections and facilities listed in Exhibit"A"
of the Agreement by including the intersections of Waterman Avenue at Sixth Street and Fortieth Street at E
Street/H Street; the in-ground illuminated crosswalks along Pacific Street at Barton Street, at Fairfax Drive and at
Tippecanoe Avenue; and the flashers on Lynwood Drive at the Del Vallejo Middle School;
WHEREAS, both CITY and COUNTY also desire to update the term "facilities" used In the Agreement to include
in-ground illuminated crosswalks and flashers; and
WHEREAS, both CITY and COUNTY also desire to update the Agreement by adding a termination date, so that
the Agreement does not have an indefinite term, and by updating the indemnification paragraphs.
NOW, THEREFORE, in consideration of mutual covenants and conditions, the parties agree to amend the
Agreement, Contract No.84-82, as follows:
1. The recitals are incorporated into the Agreement by this reference.
2. DELETE the existing Paragraph 5 and REPLACE it with the following as a new Paragraph 5, which shall
read as follows:
115. Where highway lighting, flashers, in-ground illuminated crosswalks, or other electronically operated
traffic controls or warning devices have been specifically approved at an intersection or along the roadway,
the maintenance and power costs thereon shall be shared between CITY and COUNTY in the some
manner as provided for sharing traffic signal costs."
3. REPLACE Exhibit "A" and Exhibit "B" with the revised Exhibit "A" and Exhibit "B", attached and
incorporated into this Agreement by this reference.
4. ADD a termination date to Paragraph 9, such that Paragraph 9 now provides:
"9. This Agreement shall remain In full force and effect until June 30, 2024. Notwithstanding the
termination date identified herein, either party may terminate this Agreement without cause by providing
the other party a written notice of intention to terminate sixty(60)days in advance of the termination date"
5. DELETE Paragraphs 10(a) and (b) and REPLACE them with the following as new Paragraphs 10(a), (b),
(c)and(d), which shall read as follows:
"10. IT IS MUTUALLY AGREED THAT:
(a) COUNTY and CITY are self-insured public entities 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. CITY shall require all contractors and vendors providing
services under this Agreement to have appropriate and adequate insurance coverage for the mutual
protection and benefit of the parties. All CITY contractors and vendors providing services under this
Revised 118113 Page 2 of 3
2015-35
Agreement shall name CITY and COUNTY and their officers, employees, agents and authorized
volunteers as additional insureds.
(b) COUNTY agrees to Indemnify, defend (with counsel approved by CITY) and hold harmless
CITY and its officers, employees, agents and authorized volunteers from any and all claims, actions,
losses, damages, and/or liability resulting from COUNTY's negligent acts or omissions which arise from
COUNTY's performance of its obligations under this Agreement.
(c) CITY agrees to indemnify, defend (with counsel approved by COUNTY) and hold harmless
COUNTY and its officers, employees, agents and authorized volunteers from any and all claims, actions,
losses, damages and/or liability resulting from CITY's negligent acts or omissions which arise from CITY's
performance of its obligations under this Agreement.
(d) In the event COUNTY and/or CITY are found to be comparatively at fault for any claim,
action, loss or damage which results from their respective obligations under this Agreement,,COUNTY and
CITY shall indemnify the other to the extent of its comparative fault. Furthermore, if COUNTY and/or CITY
attempts to seek recovery from the other for Workers' Compensation benefits paid to an employee,
COUNTY and CITY agree that any alleged negligence of the employee shall not be construed against the
employer of that employee."
This Amendment No. 10 may be signed in counterparts,each of which shall constitute an original.
All other terms and conditions of the Agreement shall remain in full force and effect.
This Amendment No. 10 to the Agreement shall take effect on the date it is signed and approved by both parties.
COUNTY OF SAN BERNARDINO City of San Bernardino
(Pint or 1Xw name of CWpq
ZAr.oompeny,cantrecbr,eta)
By
James Ramos,Chair, Board of Supervisors (A LqWisliwature-sto in blue ink)
Dated: Name Allen J. Parker
VWnt or we name of person signing contract)
SIGNED AND CERTIFIED THAT A COPY OF THIS City Manager
DOCUMENT HAS BEEN'DELIVERED TO THE Title
CHAIRMAN OF THE BOARD (PAntyrype
Laura H.Welch Dated: -� .ZG
Clerk of the Board of Supervisors do
of the County of San Bernardino
B Address 300 North "D" Street
y ►bpWY
San Rarnardinn, r..A_ 97418
Approved as to Legal Form Reviewed by COntradt Complience Presented to 803 for signature
County counsel Department Head
Date Date Data
Revised 118113 Page 3 of 3
2015-35
CITY OF SAN BERNARDINO
EXHIBIT"A"
TRAFFIC SIGNAL,IN GROUND LIGHTING AND BEACON INSTALLATIONS
SCHEDULE I-MAINTAINED BY COUNTY
MAINTENANCE 6 OPERATION COST$PUT
CITY OF SAN BERNARDINO COUNTY
1) STERLING AVENUE®DATE STREET 25% 75%
2) THIRD STREET®LENA ROAD 50% 50%
3) PACIFIC ST Q BARTON ST(IN GROUND LIGHTING) 50% 50%
4) PACIFIC ST 0 TIPPECANOE AVE(IN GROUND LIGHTING) 50% 50%
5) PACIFIC ST®FAIRFAX OR(IN GROUND LIGHTING) 50% 50%
6) LYNWOOD DR-DEL VALLEJO SCHOOL(BEACONS) 50% 50%
SCHEDULE II-MAINTAINED BY THE CITY OF SAN BERNARDINO
MAINTENANCE S OPERATION COST 8PLIT
fim LOCATION CITY OF SAN BERNARDINO Cous
1) WATERMAN AVENUE®THIRD STREET 76% 25%
2) WATERMAN AVENUE Q FOURTH STREET 75% 25%
3) WATERMAN AVENUE®FIFTH STREET 75% 25%
4) GOLDEN AVENUE®LYNWOOD AVENUE W% 60%
6) DEL ROSA AVENUE®DEL ROSA DRIVE 33% 87%
6) DEL ROSA AVENUE 0 LYNWOOD DRIVE 50% 50%
7) STERLING AVENUE®HIGHLAND AVENUE 76% 259/6
8) STERLING AVENUE 0 DATE PLACE 60% 50%
9) WATERMAN AVENUE®SIXTH STREET 67% 33%
10) FORTIETH STREET®E STREETIH STREET 50% 50%
REVISION NO, TEN EFFECTIVE DATE:Data it to spomyAd by all card a
DATE: TQ�-E-- -
COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO
DIRECTOR OF TRANSPORTATION DIRECTOR OF PUBLIC WORKS
2015-35
CITY OF SAN BERNARDINO
EXHIBIT`W
INTERSECTION LIGHTING
SCHEDULE I-MAINTAINED BY COUNTY
MAINTENANCE&OPERATION COST SPLIT
ATiON CITY OF SAN BERNARDINO COUNTY
1) STERLING AVENUE®DATE STREET 25% 76%
2) THIRD STREET®LENA ROAD 50% 50%
SCHEDULE 11-MAINTAINED BY THE CITY OF SAN BERNARDINO
MAINTENANCE&OPERATION COST SPLIT
NO. LOCATION CITY OF SAN BERMARDINO COUNTY
1) WATERMAN AVENUE Q THIRD STREET 75% 25%
2) WATERMAN AVENUE a FOURTH STREET 75% 25%
3) WATERMAN AVENUE*FIFTH STREET 75% 26%
4) GOLDEN AVENUE®LYNWOOD AVENUE 50% 50%
6) DEL ROSA AVENUE®DEL ROSA DRIVE 33% 67%
6) DEL ROSA AVENUE Q LYNWOOD DRIVE 60% 60%
7) STERLING AVENUE®HIGHLAND AVENUE 75% 26%
8) STERLING AVENUE 9 DATE PLACE 50% 50%
WATERMAN AVENUE®SIXTH STREET 87% 33%
10) FORTIETH STREET 0 E STREET/H STREET 80% 60%
REVISION NO._TEN EFFECTIVE DATE:Date It In nacmvW by al aar6ee
DATE: DATE
COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO
DIRECTOR OF TRANSPORTATION DIRECTOR OF PUBLIC WORKS