Attachment 3 - Cooperative Agreement — Mayor and City Council, April 16, 2025

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Contract Number

SAN BERNARDINO
COUNTY
SAP Number
Public Works
Department Contract Representative Jeremy Johnson, P.E., Engineering Manager
Telephone Number (909) 387-8165
Project Old Waterman Canyon Road and
Other Roads
Contractor City of San Bernardino
Contractor Representative Azzam Jabsheh, City Engineer
Telephone Number (909) 384-7251
Contract Term Expires April 30, 2030
Original Contract Amount $339,000
Amendment Amount $0
Total Contract Amount $339,000
Cost Center 6650002141 TX1821
Grant Number (if applicable) n/a
IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, the San Bernardino County (COUNTY) and the City of San Bernardino (CITY) (COUNTY and CITY are also each referred to herein as "Party" and collectively referred to herein as "Parties") desire cooperate and jointly participate in a pavement improvement project on Old Waterman Canyon Road and Other WHEREAS, the road list for the PROJECT is shown on Exhibit "A", attached hereto and incorporated herein by this reference; and,
WHEREAS, the PROJECT is located in the unincorporated areas of the COUNTY and the incorporated area of the CITY; and,
Standard Contract Page 1 of 8
WHEREAS, the legislative body of the CITY determines that it is necessary for the more efficient maintenance, construction, and repair of its streets and roads to contract with COUNTY for the PROJECT; and, WHEREAS, it is anticipated that COUNTY's share of PROJECT costs will be from COUNTY Measure I Local Street Pass-Through funds - San Bernardino Mountains; and the CITY's share of PROJECT costs will be financed through its local funds; and,
WHEREAS, the total PROJECT cost is estimated to be $1,805,000; and, WHEREAS, COUNTY's share of PROJECT cost is estimated to be $1,466,000 and the CITY's of PROJECT cost is estimated to $339,000, as more particularly set forth in Exhibit "B", which is attached hereto and incorporated herein by this reference; and,
WHEREAS, the above-described costs are proportioned based on the work to be performed in each Party's jurisdiction; and,
WHEREAS, COUNTY and CITY desire to set forth the responsibilities and obligations of each as they pertain to such participation, and to the design, construction, and funding of the proposed PROJECT.

NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:

1.0 COUNTY AGREES TO:

1.1 Act as the Lead Agency in the preliminary engineering, design, survey, construction, construction engineering, inspection, and California Environmental Quality Act (CEQA) compliance (Public Resources Code section 21000 et seq.) of the PROJECT.

If required for the PROJECT, at its own cost, design and perform all right-of-way acquisition related work inside the unincorporated COUNTY jurisdiction that is determined to be necessary for the PROJECT. Right-of-way acquisition related work includes, but is not limited to, right-of- way document preparation (legal description and plat), appraisal, acquisition, temporary construction easements, utility easements, utility relocations, site clearance activities, plant/tree/fence/wall removal, and relocation/replacement, legal negotiations, eminent domain proceedings, property settlements, and all right-of-way capital costs (actual cost of right-of-way).

Provide plans and specifications and all necessary construction engineering for the PROJECT to CITY, for CITY's prior review and approval pursuant to paragraph 2.1 below.

Construct the PROJECT by contract in accordance with the plans and specifications provided by COUNTY, which have been reviewed and approved by CITY pursuant to paragraphs 1.3 and 2.1.

Arrange for relocation of all utilities which interfere with construction of the PROJECT pursuant to Obtain a no-cost permit from the CITY for work within the CITY's right-of-way.

Advertise, award, and administer the construction of the PROJECT, in accordance with the provisions of California Public Contract Code applicable to counties.

Require COUNTY's contractor to maintain and to comply throughout the term of any contract awarded by COUNTY with the insurance requirements described in County Policy Numbers 11- 07 and 11-07SP. Additionally, require its contractor to name CITY as an additional insured on its insurance policies and to name the CITY as a co-obligee on the performance and payment bonds provided for the PROJECT.

Provide adequate inspection of all items of work performed under the construction contracts) with COUNTY's contractors or subcontractors for the PROJECT and maintain adequate records of inspection and materials testing for review by CITY. COUNTY shall provide copies of any records of inspection and materials testing to CITY within ten (10) business days of COUNTY's receipt of written demand from CITY for such records. This shall be included as a PROJECT cost.

Include compliance with any applicable requirements of CEQA, as well as completing the required CEQA documentation.

1.11 Pay COUNTY's proportionate share of the cost of the PROJECT. The cost of the PROJECT shall include the cost of preliminary engineering, design, construction, construction engineering, inspection, CEQA compliance, and COUNTY overhead cost for the PROJECT. COUNTY'S Revised 7/1/24 Page 2 of 8
proportionate share of cost for the PROJECT is estimated at $1,466,000 (approximately 81.2% of PROJECT, see Exhibit B). COUNTY shall be responsible for its share of any PROJECT cost increases pursuant to paragraph 3.7, 3.9, and 3.12 below.

1.12 Submit to the CITY an itemized accounting of actual PROJECT costs incurred by COUNTY and a statement for CITY's proportionate share of PROJECT costs, as provided herein. Costs shall be amended following CITY and COUNTY acceptance of the final construction cost accounting In no event shall CITY's proportionate share of cost of PROJECT exceed $423,750 (CITY's estimated share of cost for PROJECT plus twenty-five percent (25%)) absent a written amendment to this Agreement approved pursuant to Paragraph 3.16

2.0 CITY AGREES TO:

Review, approve, and provide comments, if necessary, for the PROJECT's plans and specifications provided by the COUNTY for PROJECT work to be performed in the CITY's If required for the PROJECT, at its own cost and not included in this PROJECT cost, perform all right-of-way acquisition related work within the CITY's jurisdiction that is determined to be necessary for the PROJECT. Right-of-way acquisition related work includes, but is not limited to, right-of-way document preparation (legal description and plat), appraisal, acquisition, temporary construction easements, utility easements, utility relocations, site clearance activities, plant/tree/fence/wall removal and relocation/replacement, legal negotiations, eminent domain proceedings, property settlements, and all right-of-way capital costs (actual cost of right-of-way).

Provide a no cost permit to the COUNTY for its work in the CITY's right-of-way.

Provide a qualified CITY representative who has the authority to discuss and resolve PROJECT issues; and the authority to inspect PROJECT construction site upon notification by COUNTY via email and/or telephone that an inspection is required within the CITY's limits.

Pay CITY's proportionate share of the PROJECT cost. The PROJECT cost shall include the cost of preliminary engineering, design, construction, construction engineering, inspection, CEQA compliance and COUNTY overhead cost. CITY's proportionate share of cost for the PROJECT is estimated at $339,000 (approximately 18.8% of PROJECT, see Exhibit B).

Pay to COUNTY, on a reimbursement basis, its share of PROJECT costs, including its jurisdictional share of any PROJECT cost increases pursuant to paragraphs 3.7, 3.9 and 3.12 below, within sixty (60) calendar days after receipt of an itemized statement as set forth in paragraph 1.12 of this Agreement, setting forth all actual PROJECT costs incurred by COUNTY, together with adequate documentation of said expenditures. In no event shall CITY's proportionate share of PROJECT cost exceed $423,750 (CITY's estimated share of cost for the PROJECT plus twenty-five percent (25%)) absent a written amendment to this Agreement approved pursuant to Paragraph 3.16.

3.0 IT IS MUTUALLY AGREED:

3.1 After CITY's and COUNTY's acceptance of completed PROJECT, the COUNTY shall be esponsible for performing any maintenance for that portion of the PROJECT that is in the Count Maintained Road System and within the COUNTY unincorporated area, and the CITY shall b responsible for performing any maintenance for the PROJECT that is in the CITY incorporated area.

3.2 CITY agrees to indemnify, defend (with counsel approved by COUNTY) and hold harmless the COUNTY, its officers, employees, agents, and volunteers from any and all claims, actions, o losses, damages, and/or liability arising out of CITY's performance of its obligations under thi Agreement.

COUNTY agrees to indemnify and hold harmless the CITY, its officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of COUNTY's performance of its obligations under this Agreement.

3.4 In the event the CITY and/or the COUNTY is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the Agreement, the CITY and/or COUNTY shall indemnify the other to the extent of its comparative fault.

Revised 7/1/24 Page 3 of 8

3.5 In the event of litigation arising from this Agreement, each Party to the Agreement shall bear its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or attorneys) fees relative to paragraphs 3.2, 3.3 and 3.4 indemnification.

3.6 CITY and COUNTY are authorized self-insured public entities for purposes of Professional Liability, Automobile Liability, General Liability, and Workers' Compensation and warrant that through their programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this The Parties acknowledge that final PROJECT costs may ultimately exceed the current estimate of PROJECT costs. Any additional PROJECT costs resulting from increased bid prices, change orders, or arising from unforeseen site conditions, including Utility relocation (but not from requested additional work by the COUNTY or CITY, which is addressed in paragraph 3.8 below) over the estimated total of PROJECT cost of $1,805,000 (which is the sum of $339,000 from CITY and $1,466,000 from COUNTY), shall be borne by each Party in proportion to where the work actually lies (based on jurisdiction), as part of the Parties' respective obligations to pay the cost for the PROJECT.

If either CITY or COUNTY requests additional work that is beyond the scope of the original PROJECT and not considered by all Parties to be a necessary part of the PROJECT, said work, if approved by all Parties, will be paid solely by the agency requesting the work.

In the case where one of the Parties owns a utility that needs to be relocated for the PROJECT and that Party does not have prior rights for that utility, it will be the sole responsibility of that Party to relocate the utility at that Party's cost. This shall not be included as a PROJECT cost. In the case that a utility relocation is determined to be a PROJECT cost based on that utility having prior rights, the relocation of the utility will be included as a project cost for which the COUNTY and CITY will be responsible for funding within their jurisdictional boundaries.

As design progresses, if it is found by COUNTY, that a cost overrun of more than twenty-five percent (25%) of the estimated total of the PROJECT costs will occur, COUNTY shall provide CITY notice of this fact and COUNTY and CITY shall endeavor to agree upon an alternative course of action, including amending the amounts and Exhibit B with the revised cost estimates If, after thirty (30) days of COUNTY notice, an alternative course of action is not mutually agreed upon in writing between the Parties, this Agreement shall be deemed to be terminated by mutual COUNTY shall notify CITY of the bids received and the amounts thereof. If either Party intends to cancel this Agreement based upon the bids or amount thereof, said Party shall notify the other Party as a reasonable time prior to the awarding of a contract to construct the PROJECT to avoid any detrimental reliance by either Party, contractor, or potential contractor.

If after opening bids for the PROJECT, it is found that the responsive and responsible low bid amount is twenty-five percent (25%) or less over the construction cost shown in Exhibit B, COUNTY may award the contract.

If, upon opening of bids, it is found that the responsive and responsible low bid amount is over twenty-five percent (25%) more than the construction cost shown in Exhibit B, COUNTY shall not award the contract unless: 1) COUNTY receives written permission from the CITY's Director of Public Works or his designee, to proceed with the award; and 2) COUNTY's Board of Supervisors approves the award of the construction contract. If the above-described conditions are not met, the COUNTY and CITY shall endeavor to agree upon an alternative course of action, including re-bidding of the PROJECT. If, after thirty (30) days of the bid opening, an alternative course of action is not mutually agreed upon in writing, this Agreement shall be deemed to be terminated Contraca conge Orders forms will be delivered by fax or email, must be appraved and signed by CITY, and returned within two (2) business days. The CITY shall not unreasonably withhold approval of change orders. If a CITY disapproved or modified change order is later found to be a cost of the PROJECT, then the CITY shall be responsible for any costs, awards, judgments, or settlements associated with the disapproved or modified chanae order.

3.15 This Agreement may be cancelled upon thirty (30) calendar days advance written notice of either Party, provided however, that neither Party may cancel this Agreement after COUNTY awards a contract to construct the PROJECT. In the event of cancellation as provided herein, including Revised 7/1/24 Page 4 of 8
termination pursuant to this paragraph 3.15 or paragraphs 3.10 or 3.13 above, all PROJECT costs required to be paid by the Parties prior to the effective date of cancellation shall be paid by the Parties in the same proportion to their contribution for the PROJECT. The Parties recognize and agree that the provisions governing utility relocation and construction are dependent upon the Parties first satisfying CEQA. As provided in this paragraph, the Agreement may be cancelled with or without cause, before, during or after CEQA review/approval.

Except as provided in Paragraph 3.15, and except for the Parties' operation, maintenance and indemnification obligations contained herein which shall survive Agreement termination, this Agreement shall terminate upon completion of the PROJECT and payment of final billing by the CITY for its share of the PROJECT costs. The PROJECT shall be deemed complete upon both PARTIES recording a Notice of Completion with any and all appropriate jurisdictions.

This Agreement contains the entire agreement of the Parties with respect to subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

This Agreement shall be governed by the laws of the State of California. Any action or proceeding between CITY and COUNTY concerning the interpretation or enforcement of this Agreement, or which arises out of or is in any way connected with this Agreement or the PROJECT, shall be instituted and tried in the appropriate state court, located in the county of San Bernardino, Time is of the essence for each and every provision of this Agreement.

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 business days shall be deemed COUNTY workdays. 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.

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 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.

This Agreement may be signed in counterparts, each of which shall constitute an original. The Parties shall be entitled to sign and transmit an electronic signature of the Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the Party whose name is contained therein. Each Party providing an electronic signature agrees to promptly execute and deliver to the other Party an original signed Agreement upon request.

All notices, approvals, consents, or other documents required or permitted under the Agreement shall be in writing and, except as otherwise provided herein, shall be effective upon persona delivery or three calendar days after deposit in the United States mail, certified, with first clas postage, fully prepaid, and addressed as follows:

City of San Bernardino San Bernardino County Public Works Public Works Department Attn: Transportation Division
290 North D Street 825 E. Third Street, Rm 143
San Bernardino, CA 92401 San Bernardino, CA 92415-0835

3.25 This Agreement will be effective on the date it is signed by both Parties and shall conclude upon satisfaction of the terms identified in paragraph 3.16, or April 30, 2030 (whichever occurs first).

3.26 The Recitals are true and correct and incorporated into the body of this Agreement.

SIGNATURE ON THE FOLLOWING PAGE
Revised 7/1/24 Page 5 of 8

SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO
•
By
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) SIGNED AND CERTIFIED THAT A COPY OF THIS Name
(Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title
Lynna Monell (Print or Type)
lerk of the Board of Superviso
an Bernardino Cour
By Dated:

Deputy
Address 290 North D Street
San Bernardino, CA 92401

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Aaron Gest, Deputy County Counsel Áncy Silao, P.E., Engineering Manager Noel Casil, Director Date Date Date
Revised 7/1/24 Page 6 of 8

EXHIBIT A

FOR SAN BERNARDINO COUNTY/CITY OF SAN BERNARDINO

PAVEMENT IMPROVEMENT AND ADA CURB RAMP UPDATE PROJECTS

IN THE SAN BERNARDINO AREA
Old Waterman Canyon Road and Other Roads - Road List
County City Total
Road Name Road Limits Mile Mile Miles Scope of Work
City of San Bernardino Road

OLD WATERMAND
CANYON ROAD 1.52M N,SH18 N/.52M 0.00 0.52 0.52 Mill and Overlay County Only Roads
CANYON LANE 0.14M S,DALE LN NLY/DALE LN 0.14 0.00 0.14 Mill and Overlay

OLD WATERMAN CANYON RD
DALE LANE NE/FORREST LN 0.15 0.00 0.15 Mill and Overlay FORREST LANE 0.05M N,HILLVIEW RD NW 0.22M 0.22 0.00 0.22 Mill and Overlay FORREST LANE HILLVIEW ROAD N 0.05M 0.05 0.00 0.05 Mill and Overlay HILLVIEW ROAD OLD WATERMAN CANYON RD E 0.28M 0.28 0.00 0.28 Mill and Overlay

OLD WATERMAN
CANYON ROAD 1.37M N,SH18 N 0.15M 0.15 0.00 0.15 Mill and Overlay

OLD WATERMAN
CANYON ROAD 2.04M N,SH18N/CL,SH18 0.89 0.00 0.89 Mill and Overlay

OLD WATERMAN
CANYON ROAD CL SH 18 NLY 0.26M 0.26 0.00 0.26 Mill and Overlay OLD WATERMAN CANYON RD E/SH18
PARKLAND ROAD ACCESS 0.11 0.00 0.11 Slurry !!!
Old Waterman Canyon Rd Total Project
Miles: 2.25 0.52 2.77
Revised 7/1/24 Page 7 of 8

EXHIBIT B

ESTIMATE OF PROJECT COSTS

FOR SAN BERNARDINO COUNTY/CITY OF SAN BERNARDINO

PAVEMENT IMPROVEMENT PROJECT

IN THE SAN BERNARDINO AREA
Old Waterman Canyon Road and Other Amount County Share City Share Roads
Construction (including contingencies) $1,458,000 $1,184,000 $ 274,000 ll Other Costs Such as Preliminar
Engineering, Design, Environmenta $ 347,000 $ 282,000 $ 65,000 Clearance, Construction Engineering, etc.

TOTAL $1,805,000 $1,466,000 $339,000

ANTICIPATED PROJECT MILESTONES
PROJECT PHASE BEGIN- Actual/(Forecast) END- Actual/(Forecast) Old Waterman Canyon Road and Design Spring 2025 (Summer 2025) Other Roads Construction (Fall 2025) (Fall 2025)
Revised 7/1/24 Page 8 of 8

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Contract Number

SAN BERNARDINO
COUNTY
SAP Number
Public Works
Department Contract Representative Jeremy Johnson, P.E., Engineering Manager
Telephone Number (909) 387-8165
Project Citrus Street and Other Roads -
Phase I
Contractor City of San Bernardino
Contractor Representative Azzam Jabsheh, City Engineer
Telephone Number (909) 384-7251
Contract Term Expires April 30, 2030
Original Contract Amount $239,000
Amendment Amount $0
Total Contract Amount $239,000
Cost Center 6650002000 H15161
Grant Number (if applicable) n/a
IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, the road list for the PROJECT is shown on Exhibit "A", attached hereto and incorporated herein by this reference; and,
WHEREAS, the PROJECT is located in the unincorporated areas of the COUNTY and the incorporated area of the CITY; and,
WHEREAS, California Streets and Highways Code sections 1685 and 1803 authorize CITY to contract with COUNTY for the maintenance, construction, or repair of CITY streets and roads, if the legislative body of CITY determines that it is necessary for the more efficient maintenance, construction, and repair of its streets and roads; and,
Standard Contract Page 1 of 10
WHEREAS, the legislative body of the CITY determines that it is necessary for the more efficient maintenance, construction, and repair of its streets and roads to contract with COUNTY for the PROJECT; and, WHEREAS, it is anticipated that COUNTY's share of PROJECT costs will be from COUNTY General Funds, Senate Bill 1 Road Maintenance and Rehabilitation Account funds and Gas Tax revenues, and the CITY's share of PROJECT costs will be financed through its local funds; and, WHEREAS, the total PROJECT cost is estimated to be $5,963,000; and, WHEREAS, COUNTY's share of PROJECT cost is estimated to be $5,724,000 and the CITY's of PROJECT cost is estimated to $239,000, as more particularly set forth in Exhibit "B", which is attached hereto and incorporated herein by this reference; and,
WHEREAS, the above-described costs are proportioned based on the work to be performed in each Party's jurisdiction; and,
WHEREAS, COUNTY and CITY desire to set forth the responsibilities and obligations of each as they pertain to such participation, and to the design, construction, and funding of the proposed PROJECT.

NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:

COUNTY AGREES TO:

Act as the Lead Agency in the preliminary engineering, design, survey, construction, construction engineering, inspection, and California Environmental Quality Act (CEQA) compliance (Public Resources Code section 21000 et seg.) of the PROJECT.

If required for the PROJECT, at its own cost, design and perform all right-of-way acquisition related work inside the unincorporated COUNTY jurisdiction that is determined to be necessary for the PROJECT. Right-of-way acquisition related work includes, but is not limited to, right-of- way document preparation (legal description and plat), appraisal, acquisition, temporary construction easements, utility easements, utility relocations, site clearance activities plant/tree/fence/wall removal, and relocation/replacement, legal negotiations, eminent domain proceedings, property settlements, and all right-of-way capital costs (actual cost of right-of-way).

Provide plans and specifications and all necessary construction engineering for the PROJECT to CITY, for CITY's prior review and approval pursuant to paragraph 2.1 below.

Construct the PROJECT by contract in accordance with the plans and specifications provided by COUNTY, which have been reviewed and approved by CITY pursuant to paragraphs 1.3 and 2.1.

Arrange for relocation of all utilities which interfere with construction of the PROJECT pursuant to paragraph 1.2 above.

Obtain a no-cost permit from the CITY for work within the CITY's right-of-way.

Advertise, award, and administer the construction of the PROJECT, in accordance with the provisions of California Public Contract Code applicable to counties.

Include compliance with any applicable requirements of CEQA, as well as completing the required CEQA documentation.

1.11 Pay COUNTY's proportionate share of the cost of the PROJECT. The cost of the PROJECT shall include the cost of preliminary engineering, design, construction, construction engineering, inspection, CEQA compliance, and COUNTY overhead cost for the PROJECT. COUNTY'S Revised 7/1/24 Page 2 of 10
proportionate share of cost for the PROJECT is estimated at $5,724,000 (approximately 96% of PROJECT, see Exhibit B). COUNTY shall be responsible for its share of any PROJECT cost increases pursuant to paragraph 3.7, 3.9, and 3.12 below.

1.12 Submit to CITY an itemized accounting of actual PROJECT costs incurred by COUNTY and a statement for CITY's proportionate share of PROJECT costs, as provided herein. Costs shall be amended following CITY and COUNTY acceptance of the final construction cost accounting. In no event shall CITY's proportionate share of cost of PROJECT exceed $298,750 (CITY's estimated share of cost for PROJECT plus twenty-five percent (25%)) absent a written amendment to this Agreement approved pursuant to Paragraph 3.16

2.0 CITY AGREES TO:

2.1 Review, approve, and provide comments, if necessary, for the PROJECT's plans and specifications provided by the COUNTY for PROJECT work to be performed in the CITY's jurisdiction.

2.2 If required for the PROJECT, at its own cost and not included in this PROJECT cost, perform all right-of-way acquisition related work within the CITY's jurisdiction that is determined to be necessary for the PROJECT. Right-of-way acquisition related work includes, but is not limited to, right-of-way document preparation (legal description and plat), appraisal, acquisition, temporary utility easements, utility relocations, site clearance activities, plant/tree/fence/wall removal and relocation/replacement, legal negotiations, eminent domain proceedings, property settlements, and all right-of-way capital costs (actual cost of right-of-way).

2.3 Provide a no cost permit to the COUNTY for its work in the CITY's right-of-way.

2.4 Provide a qualified CITY representative who has the authority to discuss and resolve PROJECT issues; and the authority to inspect PROJECT construction site upon notification by COUNTY via email and/or telephone that an inspection is required within the CITY's limits.

2.5 Pay CITY's proportionate share of the PROJECT cost. The PROJECT cost shall include the cost of preliminary engineering, design, construction, construction engineering, inspection, CEQA compliance and COUNTY overhead cost. CITY's proportionate share of cost for the PROJECT is estimated at $239,000 (approximately 4% of PROJECT, see Exhibit B).

2.6 Pay to COUNTY, on a reimbursement basis, its share of PROJECT costs, including its jurisdictional share of any PROJECT cost increases pursuant to paragraphs 3.7, 3.9 and 3.12 below, within sixty (60) calendar days after receipt of an itemized statement as set forth in paragraph 1.12 of this Agreement, setting forth all actual PROJECT costs incurred by COUNTY, together with adequate documentation of said expenditures. In no event shall CITY's proportionate share of PROJECT cost exceed $289,750 (CITY's estimated share of cost for the PROJECT plus twenty-five percent (25%)) absent a written amendment to this Agreement approved pursuant to Paragraph 3.16.

After the CITY's and COUNTY's acceptance of completed PROJECT, the COUNTY shall be

3.3 COUNTY agrees to indemnify and hold harmless the CITY, its officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of COUNTY's performance of its obligations under this Agreement.

Revised 7/1/24 Page 3 of 10

The Parties acknowledge that final PROJECT costs may ultimately exceed the current estimate of PROJECT costs. Any additional PROJECT costs resulting from increased bid prices, change orders, or arising from unforeseen site conditions, including Utility relocation (but not from requested additional work by the COUNTY or CITY, which is addressed in paragraph 3.8 below) over the estimated total of PROJECT cost of $5,963,000 (which is the sum of $239,000 from CITY and $5,724,000 from COUNTY), shall be borne by each Party in proportion to where the work actually lies (based on jurisdiction), as part of the Parties' respective obligations to pay the cost for the PROJECT.

3.8 If either CITY or COUNTY requests additional work that is beyond the scope of the original PROJECT, and not considered by all Parties to be a necessary part of the PROJECT, said work, if approved by all Parties, will be paid solely by the agency requesting the work.

If, upon opening of bids, it is found that the responsive and responsible low bid amount is over twenty-five percent (25%) more than the construction cost shown in Exhibit B, COUNTY shall not award the contract unless: 1) COUNTY receives written permission from the CITY's Director of Public Works or his designee, to proceed with the award; and 2) COUNTY's Board of Supervisors approves the award of the construction contract. If the above-described conditions are not met, the COUNTY and CITY shall endeavor to agree upon an alternative course of action, including re-bidding of the PROJECT. If, after thirty (30) days of the bid opening, an alternative course of action is not mutually agreed upon in writing, this Agreement shall be deemed to be terminated cy mrada cange Orders forms wilhe delivered by fax or email, must be approved and signed by CITY, and returned within two (2) business days. The CITY shall not unreasonably withhold approval of change orders. If a CITY disapproved or modified change order is later found to be a cost of the PROJECT, then the CITY shall be responsible for any costs, awards, judgments, or settlements associated with the disapproved or modified chanae order

3.15 This Agreement may be cancelled upon thirty (30) calendar days advance written notice of either Party, provided however, that neither Party may cancel this Agreement after COUNTY awards a contract to construct the PROJECT. In the event of cancellation as provided herein, including Revised 7/1/24 Page 4 of 10
termination pursuant to this paragraph 3.15 or paragraphs 3.10 or 3.13 above, all PROJECT costs required to be paid by the Parties prior to the effective date of cancellation shall be paid by the Parties in the same proportion to their contribution for the PROJECT. The Parties recognize and agree that the provisions governing utility relocation and construction are dependent upon the Parties first satisfying CEQA. As provided in this paragraph, the Agreement may be cancelled with or without cause, before, during or after CEQA review/approval.

3.17 signed by both Parties.

3.18 This Agreement shall be governed by the laws of the State of California. Any action or proceeding between CITY and COUNTY concerning the interpretation or enforcement of this Agreement, or which arises out of or is in any way connected with this Agreement or the PROJECT, shall be instituted and tried in the appropriate state court, located in the county of San Bernardino, California.

3.19 Time is of the essence for each and every provision of this Agreement.

3.20 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 business days shall be deemed COUNTY workdays. The captions of the various articles and paragraphs are for convenience and ease or reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.21 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.

3.22 If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the purpose of this agreement is frustrated.

3.23 This Agreement may be signed in counterparts, each of which shall constitute an original. The Parties shall be entitled to sign and transmit an electronic signature of the Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the Party whose name is contained therein. Each Party providing an electronic signature agrees to promptly execute and deliver to the other Party an original signed Agreement upon request.

3.26 The Recitals are true and correct and incorporated into the body of this Agreement.

Revised 7/1/24 Page 5 of 10

SIGNATURE ON THE FOLLOWING PAGE

SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO
•
By =
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) SIGNED AND CERTIFIED THAT A COPY OF THIS Name
(Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title
ynna Mone (Print or Type)
erk of the Board of Superviso
San Bernardino County
By Dated:

Deputy
Address 290 North D Street
San Bernardino, CA 92401

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Aaron Gest, Deputy County Counsel Ancy Sla, P.E., Engineering Manager Noel Casil, Director Date Date Date
Revised 7/1/24 Page 6 of 10

EXHIBIT A

FOR SAN BERNARDINO COUNTY/CITY OF SAN BERNARDINO

PAVEMENT IMPROVEMENT PROJECT

IN THE SAN BERNARDINO AREA
Citrus Street and Other Roads (Phase I) - Road List
County City Total
Road Name Road Limits Length Length Length Scope of Work City of San Bernardino-County Shared Roads
BARTON STREET BASE LINE N/PACIFIC ST 0.44 0.06 0.50 Mill and Overlay CONEJO DRIVE BASE LINE N/PACIFIC ST 0.40 0.08 0.48 Mill and Overlay DEL ROSA AVENUE PACIFIC ST N/DEL ROSA DR 0.34 0.05 0.39 Mill and Overlay DWIGHT WAY BASE LINE N/PACIFIC ST 0.48 0.02 0.50 Mill and Overlay GARDEN DRIVE BASE LINE N/PACIFIC ST 0.44 0.06 0.50 Mill and Overlay GLASGOW AVENUE BASE LINE N/PACIFIC ST 0.50 0.03 0.53 Mill and Overlay PERRIS HILL ROAD BASE LINE N/PACIFIC ST 0.46 0.04 0.50 Mill and Overlay TIPPECANOE AVENUE BASE LINE N/PACIFIC ST 0.48 0.03 0.51 Mill and Overlay YATES STREET BASE LINE N/END 0.07 0.03 0.10 Mill and Overlay County Only Roads:

ANSON STREET GLASGOW AVE E .08M 0.08 0.00 0.08 Mill and Overlay BESSANT STREET DWIGHT WY E/GLASGOW AVE 0.08 0.00 0.08 Mill and Overlay BESSANT STREET GLASGOW AVE E/DEL ROSA DR 0.12 0.00 0.12 Mill and Overlay CONEJO DRIVE PACIFIC ST N 0.05M 0.05 0.00 0.05 Mill and Overlay CROSS STREET .04M W,OSBUN RD E/OSBUN RD 0.04 0.00 0.04 Mill and Overlay DWIGHT WAY 18TH ST N/19TH ST 0.07 0.00 0.07 Mill and Overlay EIGHTEENTH STREET DWIGHT WAY E/DEL ROSA DR 0.23 0.00 0.23 Mill and Overlay EIGHTEENTH STREET DEL ROSA AVE E/OSBUN RD 0.13 0.00 0.13 Mill and Overlay ELM AVENUE PUMALO ST NLY/MERITO PL 0.63 0.00 0.63 Mill and Overlay Revised 7/1/24 Page 7 of 10
County City Total
Road Name Road Limits Length Length Length Scope of Work ELM COURT ELM NE/END 0.04 0.00 0.04 Mill and Overlay
ELMO DRIVE DWIGHT WAY E/GLASGOW AVE 0.08 0.00 0.08 Mill and Overlay ELMWOOD ROAD PACIFIC ST N/DEL ROSA AVE 0.25 0.00 0.25 Mill and Overlay FAIRFAX DRIVE BASE LINE N.06 0.06 0.00 0.06 Mill and Overlay FAIRFAX DRIVE .06M N BASE LINE N/PACIFIC ST 0.45 0.00 0.45 Mill and Overlay FISHER STREET GLASGOW AVE E/DEL ROSA DR 0.13 0.00 0.13 Mill and Overlay GLASGOW AVENUE PACIFIC ST N/NINETEENTH ST 0.23 0.00 0.23 Mill and Overlay GOLONDRINA COURT GOLONDRINA DR E/END 0.03 0.00 0.03 Mill and Overlay GOLONDRINA DRIVE PASITO ST N/MERITO AVE 0.20 0.00 0.20 Mill and Overlay INDEPENDENT PLACE DWIGHT WAY E/GLASGOW AVE 0.08 0.00 0.08 Mill and Overlay MERITO AVENUE STERLING NLY/MERITO PL 0.47 0.00 0.47 Mill and Overlay MERITO PLACE ROCA CIRCLE N/HIGHLND SH30 0.11 0.00 0.11 Mill and Overlay MITAD COURT ROCA CIRCLE N/END 0.09 0.00 0.09 Mill and Overlay MONTE VISTA DRIVE END N/0004M S,HIGHLAND AVE 0.36 0.00 0.36 Mill and Overlay NILES STREET END E/OSBUN 0.06 0.00 0.06 Mill and Overlay NINETEENTH STREET DWIGHT E/YATES 0.18 0.00 0.18 Mill and Overlay NINETEENTH STREET ELMWOOD RD E/SAN BDNO CL 0.08 0.00 0.08 Mill and Overlay NINETEENTH STREET . 03M W, OSBUN RD E/OSBUN RD 0.03 0.00 0.03 Slurry !! NINETEENTH STREET END E/MERITO 0.03 0.00 0.03 Slurry !! NINETEENTH STREET ELM E/STERLING 0.03 0.00 0.03 Mill and Overlay Patch, Chip Seal and
OSBUN ROAD SEVENTEENTH ST N/NILES ST 0.15 0.00 0.15 Slurry !! Patch, Chip Seal and
OSBUN ROAD NILES ST N .02M 0.00 0.02 Slurry !!
OSBUN ROAD .02M N,NILES ST N/NINETEENTH ST 0.00 0.06 Mill and Overlay PASITO STREET GOLONDRINA E/SERENA 0.15 0.00 0.15 Mill and Overlay PRADERA AVENUE ROCA CIRCLE N/MERITO 0.24 0.00 0.24 Mill and Overlay ROCA CIRCLE END N/MERITO 0.28 0.00 0.28 Mill and Overlay SERENA STREET PASITO N&NW/ELM AVE 0.14 0.00 0.14 Mill and Overlay Revised 7/1/24 Page 8 of 10
County City Total
Road Name Road Limits Length Length Length Scope of Work 0013M W,GLASGOW AVE E/DEL
SEVENTEENTH STREET ROSA DR 0.25 0.00 0.25 Mill and Overlay SEVENTEENTH STREET DEL ROSA E/OSBUN 0.13 0.00 0.13 Mill and Overlay TWENTIETH STREET ELMWOOD AVE E 0009M 0.09 0.00 0.09 Mill and Overlay YATES AVENUE EIGHTEENTH N/NINETEENTH 0.09 0.00 0.09 Mill and Overlay Citrus Street Total Project Miles: 9.63 0.40 10.03
Revised 7/1/24 Page 9 of 10

EXHIBIT B

ESTIMATE OF PROJECT COSTS

FOR SAN BERNARDINO COUNTY/CITY OF SAN BERNARDINO

PAVEMENT IMPROVEMENT PROJECT

IN THE SAN BERNARDINO AREA
Citrus Street and Other Roads - Phase I Amount County Share City Share Construction (including contingencies) $5,512,000 $5,291,000 $221,000 $ 451,000 $ 433,000 $ 18,000
TOTAL $5,963,000 $5,724,000 $239,000

ANTICIPATED PROJECT MILESTONES
PROJECT PHASE BEGIN- Actual/(Forecast) END- Actual/(Forecast) Citrus Street and Other Roads - Design Summer 2021 (Winter 2024) Phase I Construction (Spring 2025) (Fall 2025)
Revised 7/1/24 Page 10 of 10

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Contract Number

SAN BERNARDINO
COUNTY
SAP Number
Public Works
Department Contract Representative Jeremy Johnson, P.E., Engineering Manager
Telephone Number (909) 387-8165
Project Lynwood Drive and Other Roads
Contractor City of San Bernardino
Contractor Representative Azzam Jabsheh, City Engineer
Telephone Number (909) 384-7251
Contract Term Expires April 30, 2030
Original Contract Amount $1,730,000
Amendment Amount $0
Total Contract Amount $1,730,000
Cost Center 6650002000H15162
Grant Number (if applicable) n/a
IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, California Streets and Highways Code sections 1685 and 1803 authorize CITY to contract with COUNTY for the maintenance, construction, or repair of CITY streets and roads, if the legislative body of CITY determines that it is necessary for the more efficient maintenance, construction, and repair of its streets and roads; and,
Standard Contract Page 1 of 15
WHEREAS, the legislative body of the CITY determines that it is necessary for the more efficient maintenance, construction, and repair of its streets and roads to contract with COUNTY for the PROJECT; and, WHEREAS, it is anticipated that COUNTY's share of PROJECT costs will be from COUNTY Senate Bill 1 Road Maintenance and Rehabilitation Account funds and Gas Tax revenues, and the CITY's share of WHEREAS, the total PROJECT cost is estimated to be $8,840,000; and, WHEREAS, COUNTY's share of PROJECT cost is estimated to be $7,110,000 and the CITY's of PROJECT cost is estimated to $1,730,000, as more particularly set forth in Exhibit "B", which is attached hereto and incorporated herein by this reference; and,
WHEREAS, the above-described costs are proportioned based on the work to be performed in each Party's jurisdiction; and,
WHEREAS, COUNTY and CITY desire to set forth the responsibilities and obligations of each as they pertain to such participation, and to the design, construction, and funding of the proposed PROJECT.

NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:

COUNTY AGREES TO:

1.2 If required for the PROJECT, at its own cost, design and perform all right-of-way acquisition related work inside the unincorporated COUNTY jurisdiction that is determined to be necessary for the PROJECT. Right-of-way acquisition related work includes, but is not limited to, right-of- way document preparation (legal description and plat), appraisal, acquisition, temporary construction easements, utility easements, utility relocations, site clearance activities plant/tree/fence/wall removal, and relocation/replacement, legal negotiations, eminent domain proceedings, property settlements, and all right-of-way capital costs (actual cost of right-of-way).

1.3 Provide plans and specifications and all necessary construction engineering for the PROJECT to CITY, for CITY's prior review and approval pursuant to paragraph 2.1 below.

1.4 Construct the PROJECT by contract in accordance with the plans and specifications provided by COUNTY, which have been reviewed and approved by CITY pursuant to paragraphs 1.3 and 2.1.

1.5 Arrange for relocation of all utilities which interfere with construction of the PROJECT pursuant to paragraph 1.2 above.

1.6 Obtain a no-cost permit from the CITY for work within the CITY's right-of-way.

1.7 Advertise, award, and administer the construction of the PROJECT, in accordance with the provisions of California Public Contract Code applicable to counties.

1.8 Require COUNTY's contractor to maintain and to comply throughout the term of any contract awarded by COUNTY with the insurance requirements described in County Policy Numbers 11- 07 and 11-07SP. Additionally, require its contractor to name CITY as an additional insured on its insurance policies and to name the CITY as a co-obligee on the performance and payment bonds provided for the PROJECT.

1.9 Provide adequate inspection of all items of work performed under the construction contracts) with COUNTY's contractors or subcontractors for the PROJECT and maintain adequate records of inspection and materials testing for review by CITY. COUNTY shall provide copies of any records of inspection and materials testing to CITY within ten (10) business days of COUNTY's receipt of written demand from CITY for such records. This shall be included as a PROJECT cost.

1.10 Include compliance with any applicable requirements of CEQA, as well as completing the required CEQA documentation.

1.11 Pay COUNTY's proportionate share of the cost of the PROJECT. The cost of the PROJECT shall include the cost of preliminary engineering, design, construction, construction engineering, inspection, CEQA compliance, and COUNTY overhead cost for the PROJECT. COUNTY'S Revised 7/1/24 Page 2 of 15
proportionate share of cost for the PROJECT is estimated at $7,110,000 (approximately 80.4% of PROJECT, see Exhibit B). COUNTY shall be responsible for its share of any PROJECT cost increases pursuant to paragraph 3.7, 3.9, and 3.12 below.

1.12 Submit to the CITY an itemized accounting of actual PROJECT costs incurred by COUNTY and a statement for CITY's proportionate share of PROJECT costs, as provided herein. Costs shall be amended following CITY and COUNTY acceptance of the final construction cost accounting In no event shall CITY's proportionate share of cost of PROJECT exceed $2, 162,500 (CITY's estimated share of cost for PROJECT plus twenty-five percent (25%)) absent a written amendment to this Agreement approved pursuant to Paragraph 3.16

2.0 CITY AGREES TO:

2.1 Review, approve, and provide comments, if necessary, for the PROJECT's plans and specifications provided by the COUNTY for PROJECT work to be performed in the CITY's jurisdiction.

2.3 Provide a no cost permit to the COUNTY for its work in the CITY's right-of-way.

2.5 Pay CITY's proportionate share of the PROJECT cost. The PROJECT cost shall include the cost of preliminary engineering, design, construction, construction engineering, inspection, CEQA compliance and COUNTY overhead cost. CITY's proportionate share of cost for the PROJECT is estimated at $1,730,000 (approximately 19.6% of PROJECT, see Exhibit B).

2.6 Pay to COUNTY, on a reimbursement basis, its share of PROJECT costs, including its jurisdictional share of any PROJECT cost increases pursuant to paragraphs 3.7, 3.9 and 3.12 below, within sixty (60) calendar days after receipt of an itemized statement as set forth in paragraph 1.12 of this Agreement, setting forth all actual PROJECT costs incurred by COUNTY, together with adequate documentation of said expenditures. In no event shall CITY's proportionate share of PROJECT cost exceed $2, 162,500 (CITY's estimated share of cost for the PROJECT plus twenty-five percent (25%)) absent a written amendment to this Agreement approved pursuant to Paragraph 3.16.

3.0 After CITY's and COUNTY's acceptance of completed PROJECT, the COUNTY shall be esponsible for performing any maintenance for that portion of the PROJECT that is in the Count Maintained Road System and within the COUNTY unincorporated area, and the CITY shall b responsible for performing any maintenance for the PROJECT that is in the CITY incorporated area.

3.2 CITY agrees to indemnify, defend (with counsel approved by COUNTY) and hold harmless the COUNTY, its officers, employees, agents, and volunteers from any and all claims, actions. o osses, damages, and/or liability arisina out of CITY's performance of its obliaations under thi:

Agreement.

Revised 7/1/24 Page 3 of 15

The Parties acknowledge that final PROJECT costs may ultimately exceed the current estimate of PROJECT costs. Any additional PROJECT costs resulting from increased bid prices, change orders, or arising from unforeseen site conditions, including Utility relocation (but not from requested additional work by the COUNTY or CITY, which is addressed in paragraph 3.8 below) over the estimated total of PROJECT cost of $8,840,000 (which is the sum of $1,730,000 from CITY and $7,110,000 from COUNTY), shall be borne by each Party in proportion to where the work actually lies (based on jurisdiction), as part of the Parties' respective obligations to pay the cost for the PROJECT.

3.8 If either CITY or COUNTY requests additional work that is beyond the scope of the original PROJECT and not considered by all Parties to be a necessary part of the PROJECT, said work, if approved by all Parties, will be paid solely by the agency requesting the work.

If, upon opening of bids, it is found that the responsive and responsible low bid amount is over twenty-five percent (25%) more than the construction cost shown in Exhibit B, COUNTY shall not award the contract unless: 1) COUNTY receives written permission from the CITY's Director of Public Works or his designee, to proceed with the award; and 2) COUNTY's Board of Supervisors approves the award of the construction contract. If the above-described conditions are not met, the COUNTY and CITY shall endeavor to agree upon an alternative course of action, including re-bidding of the PROJECT. If, after thirty (30) days of the bid opening, an alternative course of action is not mutually agreed upon in writing, this Agreement shall be deemed to be terminated Cy mutual conge Orders forms will be delivered by fax or email, must be approved and signed by CITY, and returned within two (2) business days. The CITY shall not unreasonably withhold approval of change orders. If a CITY disapproved or modified change order is later found to be a cost of the PROJECT, then the CITY shall be responsible for any costs, awards, judgments, or settlements associated with the disapproved or modified chanae order

3.15 This Agreement may be cancelled upon thirty (30) calendar days advance written notice of either Party, provided however, that neither Party may cancel this Agreement after COUNTY awards a contract to construct the PROJECT. In the event of cancellation as provided herein, including Revised 7/1/24 Page 4 of 15
termination pursuant to this paragraph 3.15 or paragraphs 3.10 or 3.13 above, all PROJECT costs required to be paid by the Parties prior to the effective date of cancellation shall be paid by the Parties in the same proportion to their contribution for the PROJECT. The Parties recognize and agree that the provisions governing utility relocation and construction are dependent upon the Parties first satisfying CEQA. As provided in this paragraph, the Agreement may be cancelled with or without cause, before, during or after CEQA review/approval.

3.16 Except as provided in Paragraph 3.15, and except for the Parties' operation, maintenance and PARTIES recording a Notice of Completion with any and all appropriate jurisdictions.

3.17 signed by both Parties.

All notices, approvals, consents, or other documents required or permitted under the Agreement seavery or tree calendar days as ordepose prove unter states mal, erected, it is class postage, fully prepaid, and addressed as follows:

3.26 The Recitals are true and correct and incorporated into the body of this Agreement.

SIGNATURE ON THE FOLLOWING PAGE
Revised 7/1/24 Page 5 of 15

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title
Lynna Monell (Print or Type)
lerk of the Board of Superviso
an Bernardino Cour
By Dated:

Deputy
Address 290 North D Street
San Bernardino, CA 92401

EXHIBIT A

IN THE SAN BERNARDINO AREA
Lynwood Drive and Other Roads - Road List
County City Total
Road Name Road Limits Mile Mile Miles Scope of Work
City of San Bernardino-County Shared Roads
Micro Mill,
Rubberized Chip Seal
DEL NORTE DRIVE HARRISON E/GOLDEN 0.14 0.04 0.18 and Slurry I DEL ROSA AVENUE EUREKA ST N/FOOTHILL DR 0.19 0.20 0.39 Mill and Overlay Micro Mill and
E STREET FORTIETH ST N/FORTY-EIGHTH ST 0.48 0.02 0.5 Rubberized Chip Seal Micro Mill and
ECHO DRIVE MODESTO DR E/FERNDALE AVE 0.13 0.02 0.15 Rubberized Chip Seal Micro Mill and
EDGEMONT DRIVE BONNIE ST E/GOLONDRINA DR 0.07 0.01 0.08 Rubberized Chip Seal Micro Mill and
EUREKA STREET DEL ROSA AVE E/STERLING AVE 0.46 0.04 0.5 Rubberized Chip Seal FOOTHILL DRIVE DEL ROSA AVE E/STERLING AVE 0.25 0.26 0.51 Mill and Overlay FOOTHILL DRIVE STERLING AVE E/MANZANITA DR 0.29 0.11 0.4 Mill and Overlay FORTIETH STREET . 08M W,GOLDEN AVE E .19M 0.1 0.09 0.19 Slurry !! Micro Mill,
Rubberized Chip Seal
FORTY-EIGHTH STREET "E"ST E .24M (SBO CL) 0.12 0.12 0.24 and Slurry !! Micro Mill,
Rubberized Chip Seal
FOURTH AVENUE .04M N,KENDALL DR N/HILL DR 0.52 0.11 0.63 and Slurry !! Micro Mill and
Rubberized Chip Seal
HILL DRIVE .03M W,MAGNOLIA DR E/MAGNOLIA DR 0.01 0.02 0.03 and Slurry !! Micro Mill and
Rubberized Chip Seal
HILL DRIVE MAGNOLIA AVE E/FOURTH AVE 0.06 0.07 0.13 and Slurry!! Micro Mill and
Rubberized Chip Seal
HILL DRIVE FOURTH AVE E/.06 M E,MOUNTAIN DR 0.09 0.1 0.19 and Slurry !! Micro Mill and
Rubberized Chip Seal
HILL DRIVE . 06M E,THIRD AVE E/"E" STREET 0.1 0.09 0.19 and Slurry !! Micro Mill and
Rubberized Chip Seal
IRONWOOD STREET HOLLY VISTA BLVD N/LYNWOOD DR 0.07 0.08 0.15 and Slurry!! LYNWOOD DRIVE HARRISON ST E/MOUNTAIN AVE 0.23 0.23 0.46 Mill and Overlay LYNWOOD DRIVE DEL ROSA AVE E/0017M W,STERLING 0.24 0.09 0.33 Mill and Overlay Micro Mill and
Rubberized Chip Seal
MAGNOLIA DRIVE FORTY-EIGHTH ST N/HILL DR 0.16 0.09 0.25 and Slurry !! Revised 7/1/24 Page 7 of 15
County City Total
Road Name Road Limits Mile Mile Miles Scope of Work
MARSHALL BLVD DEL ROSA AVE E/OSBUN RD (SBO CL) 0.2 0.06 0.26 Mill and Overlay 0002M W,GOLONDRINA E/STERLING
MARSHALL BLVD AVE 0.08 0.08 0.16 Mill and Overlay
MARSHALL BLVD STERLING AVE E/ARDEN AVE 0.25 0.25 0.5 Mill and Overlay MARSHALL BLVD ARDEN AVE E/0004M W, VALARIA DR 0.12 0.13 0.25 Mill and Overlay Micro Mill and
Rubberized Chip Seal
MODESTO DRIVE "HIRTY-FIFTH ST N/THIRTY-SIXTH S* 0.07 0.07 0.14 and Slurry !! YNWOOD DR N/0002M N,GLENMAR
MOUNTAIN AVENUE 0.15 0.15 0.3 Mill and Overlay
MOUNTAIN AVENUE 0007M S,EUREKA ST N 0005M 0.02 0.03 0.05 Mill and Overlay MOUNTAIN AVENUE 0021M S, YUCCA DR N/0010M S,39TH ST 0.12 0.13 0.25 Mill and Overlay Micro Mill,
0003M W, GARDEN E/0004M E,CONEJO Rubberized Chip Seal
THIRTY-FIFTH STREET DR 0.12 0.05 0.17 and Slurry !!
Micro Mill,
0003M E,GOLDEN E/0001MW,FERNDALE Rubberized Chip Seal
THIRTY-NINTH STREET 0.07 0.07 0.14 and Slurry !!
County Only Roads
Patch, Chip Seal and
ACRE LANE .05M N, 40TH ST N/44TH ST 0.2 0.2 Slurry lI
Micro Mill,
Rubberized Chip Seal
ALAMEDA AVENUE 33RD ST N/34TH ST 0.17 0.17 and Slurry lI Micro Mill,
Rubberized Chip Seal
ALAMEDA COURT DEL NORTE DR N 0.07M 0.07 0.07 and Slurry !! Micro Mill,
Rubberized Chip Seal
ALAMEDA COURT EDGEMONT DR N 0.02M 0.02 0.02 and Slurry !! Micro Mill,
Rubberized Chip Seal
ALTO COURT ALTO DR N .04M 0.04 0.04 and Slurry !!
Micro Mill and
ALTO DRIVE LOS FLORES DR NLY/STERLING AVE 0.26 0.26 Rubberized Chip Seal Micro Mill,
Rubberized Chip Seal
ARDEN AVENUE MARSHALL BLVD N/FOOTHILL DR 0.22 0.22 and Slurry !! Micro Mill,
Rubberized Chip Seal
ARGYLE AVENUE EDGEMONT N/LOS FLORES 0.21 0.21 and Slurry !! Micro Mill,
Rubberized Chip Seal
BELVEDERE AVENUE MARSHALL BLVD N/PIEDMONT ST 0.2 0.2 and Slurry !! Micro Mill,
Rubberized Chip Seal
BLYTHE AVENUE EDGEMONT DR N/GLENMARE ST 0.13 0.13 _ and Slurry !! Revised 7/1/24 Page 8 of 15
County City Total
Road Name Road Limits Mile Mile Miles Scope of Work
Micro Mill and
Rubberized Chip Seal
BONNIE STREET EDGEMONT DR N/EUREKA ST 0.15 0.15 and Slurry !! Micro Mill and
Rubberized Chip Seal
BONNIE STREET EUREKA ST N/FOOTHILL DR 0.37 0.37 and Slurry !! Micro Mill and
Rubberized Chip Seal
CEDAR DRIVE 41ST STREET N .13M 0.13 0.13 and Slurry !!
Micro Mill,
Rubberized Chip Seal
CEDAR DRIVE FOURTY-EIGHTH ST N/HILL DR 0.25 0.25 and Slurry !! Micro Mill,
Rubberized Chip Seal
CHIQUITA LANE LYNWOOD RD N&E/OSBUN RD 0.2 0.2 and Slurry !! Micro Mill,
Rubberized Chip Seal
CHIQUITA LANE 35TH N/FOOTHILL DR 0.22 0.22 and Slurry !! Micro Mill,
Rubberized Chip Seal
CONEJO DRIVE MARSHALL N/EUREKA 0.19 0.19 and Slurry II
Micro Mill,
Rubberized Chip Seal
CONEJO DRIVE 33RD N/35TH 0.1 0.1 and Slurry !!
Micro Mill,
Rubberized Chip Seal
CONEJO DRIVE .02M S,36TH ST (SB CL)N/39TH ST 0.36 0.36 and Slurry !! Micro Mill,
Rubberized Chip Seal
CONEJO PLACE .03M W,CONEJO DR E/CONEJO DR 0.03 0.03 and Slurry !! Micro Mill,
Rubberized Chip Seal
COTTAGE DRIVE 40TH N .12M 0.12 0.12 and Slurry !!
Micro Mill,
Rubberized Chip Seal
DEL REY DRIVE LYNWOOD DR N/DEL NORTE DR 0.06 0.06 and Slurry Il Micro Mill,
Rubberized Chip Seal
DEL REY DRIVE DEL NORTE DR N .07M 0.07 0.07 and Slurry !! Micro Mill,
DEL REY DRIVE EDGEMONT DR N/34TH ST 0.24 0.24 Rubberized Chip Seal Micro Mill and
Rubberized Chip Seal
DOGWOOD STREET HOLLY VISTA BLVD N/LYNWOOD DR 0.15 0.15 and Slurry !! Micro Mill,
Rubberized Chip Seal
DOGWOOD STREET LYNWOOD DR N/MARSHALL BLVD 0.19 0 0.19 and Slurry !! Micro Mill,
Rubberized Chip Seal
DOGWOOD STREET MARSHALL BLVD N/EUREKA ST 0.19 0.19 and Slurry !! Revised 7/1/24 Page 9 of 15
County Total
Road Name Road Limits Mile Mile Miles Scope of Work
Micro Mill,
Rubberized Chip Seal
DOGWOOD STREET 35TH ST N/FOOTHILL DR 0.22 0.22 and Slurry I| Micro Mill,
Rubberized Chip Seal
DUMBARTON AVENUE EDGEMONT DR N .16M 0.16 0.16 and Slurry Micro Mill,
.04M W,EDGEMONT DR SE/EDGEMONT Rubberized Chip Seal
EDGEMONT COURT 0.04 0.04 and Slurry !!
Micro Mill,
Rubberized Chip Seal
EDGEMONT DRIVE DEL REY DR E/GOLDEN AVE 0.16 0.16 and Slurry II Micro Mill,
Rubberized Chip Seal
EDGEMONT DRIVE DOGWOOD ST E/OSBUN RD 0.11 0.11 and Slurry !! Micro Mill,
Rubberized Chip Seal
EDGEMONT DRIVE STERLING AVE E&NE .35M 0.35 0.35 and Slurry !! Micro Mill,
Rubberized Chip Seal
EDGEMONT DRIVE PALOMAR AVE E .16M 0.16 0.16 and Slurry !! Micro Mill,
Rubberized Chip Seal
EDGEMONT DRIVE ARDEN AVE E/.08M E,BELVEDERE AVE 0.25 0.25 and Slurry !! Micro Mill,
Rubberized Chip Seal
ELM AVENUE MARSHALL BLVD N/FOOTHILL DR 0.56 0.56 and Slurry !! Micro Mill,
Rubberized Chip Seal
ELMWOOD ROAD HOLLY VISTA ST N/LYNWOOD DR 0.15 0.15 and Slurry !! Micro Mill,
Rubberized Chip Seal
ELMWOOD ROAD LYNWOOD DR N&E/DOGWOOD ST 0.19 0.19 and Slurry !! Micro Mill,
Rubberized Chip Seal
ELMWOOD ROAD EUREKA ST N/FOOTHILL DR 0.38 0.38 and Slurry I| Micro Mill,
Rubberized Chip Seal
ERWIN AVENUE .04M S,GLENMARE ST N .13M 0.13 0.13 and Slurry !| Micro Mill,
Rubberized Chip Seal
EUREKA STREET GOLDEN AVE E/.03M E,CONEJO DR 0.17 0.17 and Slurry !! Micro Mill,
Rubberized Chip Seal
F STREET 40TH ST N .14M 0.14 0.14 and Slurry !!
Micro Mill,
Rubberized Chip Seal
F STREET .14M N,40TH ST N/HILL DR 0.62 0.62 and Slurry !! Revised 7/1/24 Page 10 of 15
County City Total
Road Name Road Limits Mile Mile Miles Scope of Work
Micro Mill,
Rubberized Chip Seal
FAIRFAX DRIVE GLENMARE ST N .09M 0.09 0.09 and Slurry !! Micro Mill,
Rubberized Chip Seal
FERNDALE AVENUE .02M S,36TH ST N/ECHO DR 0.31 0.31 and Slurry !! Micro Mill,
Rubberized Chip Seal
FIRST AVENUE 40TH ST N/44TH ST 0.25 0.25 and Slurry !!
Micro Mill,
Rubberized Chip Seal
FORTY-SECOND PLACE GOLDEN AVE E .07M 0.07 0.07 and Slurry !! Micro Mill and
GARDEN DRIVE MARSHALL BLVD N/CONEJO DR 0.16 0.16 Rubberized Chip Seal Micro Mill,
Rubberized Chip Seal
GARDEN DRIVE THIRTY-THIRD ST N/MODESTO DR 0.28 0.28 and Slurry !! Micro Mill,
Rubberized Chip Seal
GLENMARE STREET ERWIN AVE E/MOUNTAIN AVE 0.1 0.1 and Slurry!! Micro Mill,
Rubberized Chip Seal
GLENMARE STREET DUMBARTON AVE E/ARDEN AVE 0.06 0.06 and Slurry !! Micro Mill,
Rubberized Chip Seal
GLENMARE STREET BELVEDERE AVE E .08M 0.08 0.08 and Slurry !! Micro Mill,
Rubberized Chip Seal
GOLDEN AVENUE MARSHALL BLVD N/.03M N,34TH ST 0.36 0.36 and Slurry II Micro Mill,
Rubberized Chip Sea
GOLDEN AVENUE FORTIETH ST N.23M 0.23 0.23 and Slurry !! GOLDEN AVENUE LYNWOOD DR N/MARSHALL BLVD 0.19 0.19 Mill and Overlay Micro Mill,
Rubberized Chip Seal
GOLONDRINA DRIVE MARSHALL BLVD N/FOOTHILL DR 0.56 0.56 and Slurry !! Micro Mill,
HOLLY VISTA Rubberized Chip Seal
BOULEVARD ELMWOOD RD E/IRONWOOD ST 0.11 0.11 and Slurry II Micro Mill,
Rubberized Chip Seal
I STREET MELROSE DR N/48 ST 0.07 0.07 and Slurry !!
Micro Mill,
Rubberized Chip Seal
IRONWOOD COURT EDGEMONT DR N/.07M 0.07 0.07 and Slurry !! Micro Mill,
Rubberized Chip Seal
IRONWOOD STREET LYNWOOD DR N&W/DOGWOOD ST 0.2 0.2 and Slurry !! Revised 7/1/24 Page 11 of 15
County City Total
Road Name Road Limits Mile Mile Miles Scope of Work
Micro Mill,
Rubberized Chip Seal
IRONWOOD STREET 35TH ST N/FOOTHILL DR 0.22 0.22 and Slurry !! Micro Mill,
Rubberized Chip Sea
JOHNSON STREET .12M N,40TH ST N/44TH STREET 0.13 0.13 and Slurry !! Chip Seal and Slurry
LORRAINE DRIVE .05M N,40TH ST N .07M 0.07 0.07
Micro Mill,
Rubberized Chip Seal
LOS FLORES DRIVE ELMWOOD E/OSBUN 0.21 0.21 and Slurry !! Micro Mill,
Rubberized Chip Seal
LOS FLORES DRIVE STERLING E/EDGEMONT DR 0.18 0.18 and Slurry !! MARSHALL BLVD HARRISON E/MOUNTAIN 0.45 0 0.45 Mill and Overlay Micro Mill,
Rubberized Chip Seal
MC KINLEY AVENUE EDGEMONT N 0017M 0.17 0.17 and Slurry !! Micro Mill,
Rubberized Chip Seal
MELROSE DRIVE I ST E/F ST 0.07 0.07 and Slurry I|
Micro Mill,
Rubberized Chip Seal
MERITO AVENUE LYNWOOD N/OSBUN 0.18 0 0.18 and Slurry !! Micro Mill,
Rubberized Chip Seal
MESA COURT END E/ALTO DRIVE 0.12 0 0.12 and Slurry !!
Micro Mill,
Rubberized Chip Seal
MESA VERDE AVENUE END E/CONEJO DR 0.03 0.03 and Slurry !! Micro Mill, (
Rubberized Chip Seal
MODESTO DRIVE THIRTY-SIXTH N/ECHO DR 0.29 0 0.29 and Slurry !! Micro Mill,
Rubberized Chip Seal
NEWBURY AVENUE MARSHALL N/FOOTHILL DR 0.56 0.56 and Slurry !! Micro Mill,
Rubberized Chip Seal
NEWMARK AVENUE .05M N,40TH ST (SBO CL)N/44TH ST 0.2 0.2 and Slurry !! Micro Mill,
Rubberized Chip Seal
NORTH STREET BONNIE E/GOLONDRINA 0.08 0.08 and Slurry !! Micro Mill,
Rubberized Chip Seal
OSBUN ROAD LYNWOOD N/MARSHALL 0.19 0.19 and Slurry !!
Micro Mill,
Rubberized Chip Seal
OSBUN ROAD EDGEMONT N/THIRTY THIRD ST 0.12 0.12 and Slurry !! Revised 7/1/24 Page 12 of 15
County City Total
Road Name Road Limits Mile Mile Miles Scope of Work
Micro Mill,
Rubberized Chip Seal
OSBUN ROAD EUREKA N/FOOTHILL DRIVE 0.37 0.37 and Slurry !! Micro Mill,
Rubberized Chip Seal
PALOMAR AVENUE MARSHALL BLVD N&NE 0020M 0.2 0.2 and Slurry !! Micro Mill,
Rubberized Chip Seal
PALOMAR COURT PALOMAR AVE NW/END 0.04 0.04 and Slurry !! Micro Mill,
Rubberized Chip Seal
PIEDMONT STREET BELVEDERE AVE E .08M 0.08 0.08 and Slurry !! Micro Mill,
Rubberized Chip Seal
RESERVOIR DRIVE MAGNOLIA DR E/FOURTH ST 0.13 0.13 and Slurry !! Micro Mill,
Rubberized Chip Seal
RESERVOIR DRIVE FOURTH E/MOUNTAIN DR 0.13 0.13 and Slurry !! Micro Mill,
Rubberized Chip Seal
SEGUNDO COURT END E/ALTO DR 0.1 0.1 and Slurry !!
Micro Mill,
Rubberized Chip Seal
STANTON AVENUE 33RD ST N/END 0.08 0.08 and Slurry !!
STERLING AVENUE MARSHALL BLVD N/FOOTHILL DR 0.55 0.55 Mill and Overlay Micro Mill,
Rubberized Chip Seal
THIRTY-EIGHTH STREET END E/CONEJO DR 0.03 0.03 and Slurry !! Micro Mill,
Rubberized Chip Seal
THIRTY-FIFTH STREET ELMWOOD RD E/NEWBURY AVE 0.42 0.42 and Slurry Il Micro Mill,
Rubberized Chip Seal
THIRTY-FOURTH STREET DEL REY E/GOLDEN 0.1 0.1 and Slurry !! Micro Mill,
Rubberized Chip Seal
THIRTY-FOURTH STREET END E/CONEJO 0.04 0.04 and Slurry !! Micro Mill,
0003M W, MODESTO DR E/FERNDALE Rubberized Chip Seal
THIRTY-SEVENTH STREET AVE and Slurry !!
0003M W, MODESTO DR E/FERNDALE Rubberized Chip Seal

THIRTY-SIXTH STREET
Rubberized Chip Seal
THIRTY-THIRD STREET HARRISON NE/CONEJO and Slurry !!
Micro Mill,
Rubberized Chip Seal
THIRTY-THIRD STREET DOGWOOD E/OSBUN and Slurry !!
Revised 7/1/24 Page 13 of 15
County City Total
Road Name Road Limits Mile Mile Miles Scope of Work
Micro Mill,
Rubberized Chip Seal
THIRTY-THIRD STREET BONNIE E/GOLONDRINA 0.08 0.08 and Slurry !! Micro Mill,
Rubberized Chip Seal
THIRTY-THIRD STREET ARDEN AVE E/BELVEDERE AVE 0.17 0.17 and Slurry !! Micro Mill,
Rubberized Chip Seal
TOLUCA DRIVE ELMWOOD E/OSBUN 0.21 0.21 and Slurry !!
Micro Mill,
Rubberized Chip Seal
TOLUCA DRIVE ARGYLE E/EDGEMONT DR 0.13 0.13 and Slurry II Micro Mill,
Rubberized Chip Seal
WADSWORTH AVENUE 33RD ST N/END 0.08 0.08 and Slurry !!
Micro Mill,
Rubberized Chip Seal
YUCCA DRIVE FERNDALE AVE E/MOUNTAIN 0.09 0.09 and Slurry || Lynwood Drive Total Project Miles: 23.52 2.81 26.33
Revised 7/1/24 Page 14 of 15

EXHIBIT B

ESTIMATE OF PROJECT COSTS

FOR SAN BERNARDINO COUNTY/CITY OF SAN BERNARDINO

PAVEMENT IMPROVEMENT PROJECT

IN THE SAN BERNARDINO AREA
Amount County Share City Share
Lynwood Drive and Other Roads
Construction (including contingencies) $6,630,000 $5,332,500 $1,297,500 Engineering be an, Environmental $2,210,000 $1,777,500 $ 432,500 Clearance, Construction Engineering, etc.

TOTAL $8,840,000 $7,110,000 $1,730,000

ANTICIPATED PROJECT MILESTONES
PROJECT PHASE BEGIN - Actual/(Forecast END- Actual/(Forecast) Design Winter 202: Fall 2024
Lynwood Drive and Other Roads Construction (Spring/Summer 2025) (Summer 2025) Revised 7/1/24 Page 15 of 15

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Contract Number

SAN BERNARDINO
COUNTY
SAP Number
Public Works
Department Contract Representative Jeremy Johnson, P.E., Engineering Manager
Telephone Number (909) 387-8165
Project Muscoy Area Rehabilitation Phase
Contractor City of San Bernardino
Contractor Representative Azzam Jabsheh, City Engineer
Telephone Number (909) 384-7251
Contract Term Expires April 30, 2030
Original Contract Amount $375,000
Amendment Amount $0
Total Contract Amount $375,000
Cost Center 6650002000H15301
Grant Number (if applicable) n/a
IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, the San Bernardino County (COUNTY) and the City of San Bernardino (CITY) (COUNTY and CITY are also each referred to herein as "Party" and collectively referred to herein as "Parties") desire cooperate and jointly participate in the Muscoy Area Rehabilitation - Phase I project (PROJECT) which includes adding/updating Americans with Disabilities Act (ADA) curb ramps in the San Bernardino area:

WHEREAS, the road list and the ADA curb ramps list for the PROJECT are shown on Exhibit "A", attached hereto and incorporated herein by this reference; and, WHEREAS, the PROJECT is located in the unincorporated areas of the COUNTY and the incorporated area of the CITY; and,
WHEREAS, California Streets and Highways Code sections 1685 and 1803 authorize CITY to contract with COUNTY for the maintenance, construction, or repair of CITY streets and roads, if the legislative body of CITY determines that it is necessary for the more efficient maintenance, construction, and repair of its streets and roads; and,
Standard Contract Page 1 of 8
WHEREAS, the legislative body of the CITY determines that it is necessary for the more efficient maintenance, construction, and repair of its streets and roads to contract with COUNTY for the PROJECT; and, WHEREAS, it is anticipated that COUNTY's share of PROJECT costs will be from COUNTY Senate Bill 1 Road Maintenance and Rehabilitation Account funds and the CITY's share of PROJECT costs will be financed through its local funds; and,
WHEREAS, the total PROJECT cost is estimated to be $3,894, 000; and, WHEREAS, COUNTY's share of PROJECT cost is estimated to be $3,519,000 and the CITY's share of PROJECT cost is estimated to be $375,000, as more particularly set forth in Exhibit "B", which is attached hereto and incorporated herein by this reference; and,
WHEREAS, the above-described costs are proportioned based on the work to be performed in each Party's jurisdiction; and,
WHEREAS, COUNTY and CITY desire to set forth the responsibilities and obligations of each as they pertain to such participation, and to the design, construction, and funding of the proposed PROJECT.

NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:

1.0 COUNTY AGREES TO:

Provide plans and specifications and all necessary construction engineering for the PROJECT to CITY, for CITY's prior review and approval pursuant to paragraph 2.1 below.

Construct the PROJECT by contract in accordance with the plans and specifications provided by COUNTY, which have been reviewed and approved by CITY pursuant to paragraphs 1.3 and 2.1.

Arrange for relocation of all utilities which interfere with construction of the PROJECT pursuant to Obtain a no-cost permit from the CITY for work within the CITY's right-of-way.

Advertise, award, and administer the construction of the PROJECT, in accordance with the provisions of California Public Contract Code applicable to counties.

Include compliance with any applicable requirements of CEQA, as well as completing the required CEQA documentation.

Pay COUNTY's proportionate share of the cost of the PROJECT. The cost of the PROJECT shall include the cost of preliminary engineering, design, construction, construction engineering, inspection, CEQA compliance, and COUNTY overhead cost for the PROJECT. COUNTY'S Revised 7/1/24 Page 2 of 8
proportionate share of cost for the PROJECT is estimated at $3,519,000 (approximately 90.4% of PROJECT, see Exhibit B). COUNTY shall be responsible for its share of any PROJECT cost increases pursuant to paragraph 3.7, 3.9, and 3.12 below.

1.12 Submit to CITY an itemized accounting of actual PROJECT costs incurred by COUNTY and a statement for CITY's proportionate share of PROJECT costs, as provided herein. Costs shall be amended following CITY and COUNTY acceptance of the final construction cost accounting. In no event shall CITY's proportionate share of cost of PROJECT exceed $468,750 (CITY's estimated share of cost for PROJECT plus twenty-five percent (25%)) absent a written amendment to this Agreement approved pursuant to Paragraph 3.16

2.0 CITY AGREES TO:

Provide a no cost permit to the COUNTY for its work in the CITY's right-of-way.

Pay CITY's proportionate share of the PROJECT cost. The PROJECT cost shall include the cost of preliminary engineering, design, construction, construction engineering, inspection, CEQA compliance and COUNTY overhead cost. CITY's proportionate share of cost for the PROJECT is estimated at $375,000 (approximately 9.6% of PROJECT, see Exhibit B).

Pay to COUNTY, on a reimbursement basis, its share of PROJECT costs, including its jurisdictional share of any PROJECT cost increases pursuant to paragraphs 3.7, 3.9 and 3.12 below, within sixty (60) calendar days after receipt of an itemized statement as set forth in paragraph 1.12 of this Agreement, setting forth all actual PROJECT costs incurred by COUNTY, together with adequate documentation of said expenditures. In no event shall CITY's proportionate share of PROJECT cost exceed $468,750 (CITY's estimated share of cost for the PROJECT plus twenty-five percent (25%)) absent a written amendment to this Agreement approved pursuant to Paragraph 3.16.

3.0 IT IS MUTUALLY AGREED:

After CITY's and COUNTY's acceptance of completed PROJECT, the COUNTY shall be esponsible for performing any maintenance for that portion of the PROJECT that is in the Count Maintained Road System and within the COUNTY unincorporated area, and the CITY shall b responsible for performing any maintenance for the PROJECT that is in the CITY incorporated area.

Revised 7/1/24 Page 3 of 8

3.6 CITY and COUNTY are authorized self-insured public entities for purposes of Professional Liability, Automobile Liability, General Liability, and Workers' Compensation and warrant that through their programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this The Parties acknowledge that final PROJECT costs may ultimately exceed the current estimate of PROJECT costs. Any additional PROJECT costs resulting from increased bid prices, change orders, or arising from unforeseen site conditions, including Utility relocation (but not from requested additional work by the COUNTY or CITY, which is addressed in paragraph 3.8 below) over the estimated total of PROJECT cost of $3,894,000 (which is the sum of $375,000 from CITY and $3,519,000 from COUNTY), shall be borne by each Party in proportion to where the work actually lies (based on jurisdiction), as part of the Parties' respective obligations to pay the cost for the PROJECT.

If either CITY or COUNTY requests additional work that is beyond the scope of the original PROJECT, and not considered by all Parties to be a necessary part of the PROJECT, said work, if approved by all Parties, will be paid solely by the agency requesting the work.

3.26 The Recitals are true and correct and incorporated into the body of this Agreement.

SIGNATURE ON THE FOLLOWING PAGE
Revised 7/1/24 Page 5 of 8

CITY OF SAN BERNARDINO

SAN BERNARDINO COUNTY
•
By
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title
Lynna Monell (Print or Type)
Clerk of the Board of Supervisors
San Bernardino County
By Dated:

Deputy
Address 290 North D Street
San Bernardino, CA 92401

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Aaron Gest, Deputy County Counsel Andy Silao, P.E., Engineering Manager Noel Casio, Direcior Date Date Date
Revised 7/1/24 Page 6 of 8

EXHIBIT A

FOR SAN BERNARDINO COUNTY/CITY OF SAN BERNARDINO

PAVEMENT REHABILITATION AND ADA CURB RAMP UPDATE PROJECT

IN THE SAN BERNARDINO AREA
Muscoy Area Rehabilitation (Phase 1) - Road List
County City Total
Road Name Road Limits Mile Mile Miles Scope of Work
City of San Bernardino-County Shared Roads
JUNE PLACE SAN BENITO ST E/JUNE ST 0.03 0.04 0.07
Patch, Leveling Course,
PORTER STREET MACY ST E/CALIFORNIA ST 0.49 0.03 0.52 Chip Seal, and Slurry!! Patch, Leveling Course,
ADAMS STREET MACY ST E/CALIFORNIA ST 0.46 0.04 0.5 Chip Seal, and Slurry!! JUNE STREET JUNE PL NE/CAJON BLVD 0.05 0.06 0.11 Seal, and Slurry!! Leveling Course, Chip
CALIFORNIA STREET .10M S,DARBY N/CAJON BLVD 0.26 0.25 0.51 Seal, and Slurry!! CALIFORNIA STREET HIGHLAND AVE (SH30)N/PORTER ST 0.19 0.18 0.37 Mill and Overlay STATE STREET HIGHLAND AVE N/NOLAN ST 1.20 0.03 1.23 Mill and Overlay MACY STREET ADAMS ST (E LEG) N/OGDEN ST 1.36 0.02 1.38 Mill and Overlay County Only Road
UNIVERSITY PARKWAY SHORT ST N/0.27 0.27 0.27 Mill and Overlay Muscoy Area Total Project Miles: 4.31 0.65 4.96
ADA Curb Ramp List - County Jurisdiction only
Ramp Location Cross Street Ramp Location

CALIFORNIA STREET ADAMS STREET SW

STATE STREET HIGHLAND AVENUE NE

STATE STREET ADAMS STREET
| STATE STREET ADAMS STREET SE
Revised 7/1/24 Page 7 of 8

EXHIBIT B

ESTIMATE OF PROJECT COSTS

FOR SAN BERNARDINO COUNTY/CITY OF SAN BERNARDINO

PAVEMENT REHABILITATION AND ADA CURB RAMP UPDATE PROJECT

IN THE SAN BERNARDINO AREA
Amount County Share City Share
Muscoy Area Rehabilitation - Phase I
Construction (including contingencies) $3,113,000 $2,813,000 $300,000 Enginering Des, Environmental $ 781,000 $ 706,000 $ 75,000 Clearance, Construction Engineering, etc
Total $3,894,000 $3,519,000 $375,000

ANTICIPATED PROJECT MILESTONES
PROJECT PHASE BEGIN- Actual/(Forecast) END- Actual/(Forecast) Muscoy Area Rehabilitation - Design Summer 2026 (Fall 2026) Phase 1 Construction (Winter 2026) (Spring 2027)
Revised 7/1/24 Page 8 of 8

Mayor and City CouncilApril 16, 2025

Mayor and City Council
April 16, 2025