Agenda packet — Mayor and City Council, June 15, 2022 (part 6 of 8)

RESOLUTION NO.2022-130

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE DIRECTOR OF FINANCE TO

RECORD A BUDGET AMENDMENT IN THE AMOUNT OF
$1,930,825.40 FROM THE HIGHWAY SAFETY

IMPROVEMENT PROGRAM (HSIP) GRANT FUND

BALANCE FOR THE CONSTRUCTION AND

INSTALLATION OF THE ADVANCED DILEMMA ZONE
DETECTION SYSTEM AT 49 SIGNALIZED
INTERSECTIONS; APPROVING THE AWARD OF A

CONSTRUCTION CONTRACT WITH ELECNOR BELCO
ELECTRIC, INC. IN THE AMOUNT OF $3,757,314 FOR THE

CONTRUCTION AND INSTALLATION OF THE

ADVANCED DILEMMA ZONE DETECTION SYSTEM AT
49 SIGNALIZED INTERSECTIONS ON THREE
CORRIDORS: BASELINE STREET, MOUNT VERNON
AVENUE, AND HIGHLAND AVENUE; AUTHORIZING

THE PROJECT CONSTRUCTION, CONTRUCTION

CONTINGENCIES AND INSPECTION COSTS IN THE
TOTAL AMOUNT OF $3,879,340; AND AUTHORIZING

THE CITY MANAGER OR DESIGNEE TO EXPEND THE

CONTINGENCY FUNDS, IF NECESSARY, TO COMPLETE

THE PROJECT
WHEREAS, on May 16, 2018, Highway Safety Improvement Program (HSIP) Cycle 9 was commenced, upon the adoption of the program guidelines by the California Transportation Commission (CTC). HSIP is funded from various federal and state funds appropriated in the annual Budget Act. In California alone, the HSIP program has provided over $860 million towards the construction of $1,030,000 in local transportation safety projects in rural and urban areas; and WHEREAS, HSIP Cycle 9 call for projects was announced in May 2018 and in August 2018. The City of San Bernardino submitted an application for the construction and installation of the Advanced Dilemma Zone Detection system at 49 signalized intersections on three corridors:

Baseline Street, Mount Vernon Avenue, and Highland Avenue; and WHEREAS, on December 27, 2018, the City received HSIP grant funds in the amount of $4,341,400 to implement the project; and
WHEREAS, on June 19, 2019, the Mayor and City Council approved Resolution No. 2019-168 adopting the City’s Annual Operating Budget for Fiscal Year 2019/20. The budget included Capital Improvement Plan (CIP) TC20-008 project to provide construction and installation of Advanced Dilemma Zone Detection system at 49 signalized intersections on three corridors: Baseline Street, Mount Vernon Avenue, and Highland Avenue; and established

31.a
Packet Pg. 1219 Attachment: Attachment 1 - Resolution No. 2022-130 Award Construction Contract for Installation of Advanced Dilemma Zone [Revision 1] Resolution No. 2022-130
Resolution 2022-130
June 15, 2022

Page 2 of 4 ends

$4,341,400 in HSIP Grant funds to support the project. The Design for the project was completed in July 2021 by Iteris Corporation at a total design cost of $339,547; and WHEREAS, Caltrans issued E-76, authorization to proceed with construction of the project; and
WHEREAS, staff administered a competitive bid process on April 1, 2022, and on April 8, 2022, for the Advanced Dilemma Zone Detection System at 49 signalized intersections on there corridors: Baseline Street, Mount Vernon Avenue, and Highland, Avenue. A total of five bids were received and opened on April 21, 2022, and
WHEREAS, Elecnor Belco Electric, Inc., of Chino, California, has been determined to be the lowest responsive and responsible bidder; and
WHEREAS, the City now wishes to enter into a Construction Agreement with Elecnor Belco Electric, Inc., of Chino, California, in the amount of $3,757,314 to complete the project.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The Mayor and City Council hereby accepts award funding through HSIP Cycle 9 Grant in the amount of $4,341,400.

SECTION 3. The Mayor and City Council hereby authorize the Director of Finance to record a budget amendment in the amount of $1,930,825.40 from HSIP grant fund balance for the construction and installation of Advanced Dilemma Zone Detection system at 49 signalized intersections.

SECTION 4. The Mayor and City Council hereby authorize an award of a Construction Contract with Elecnor Belco Electric, Inc. in the amount of $3,757,314 for the construction and installation of Advanced Dilemma Zone Detection system at 49 signalized intersections on three corridors: Baseline Street, Mount Vernon Avenue, and Highland Avenue.

SECTION 5. The Mayor and City Council hereby authorize project construction contingencies and inspection costs in the total amount of $3,879,340.

SECTION 6. The Mayor and City Council hereby authorize the City Manager, or designee, to execute all documents for the construction of traffic signal upgrades project with Elecnor Belco Electric, Inc., Project 13439 (TC20-008) on behalf of the City and to expend contingency funds, if necessary, to complete the project.is hereby authorized to expend the contingency fund, if necessary, to complete the project.

SECTION 7. The Mayor and City Council finds this Resolution is not subject to the

31.a
Packet Pg. 1220 Attachment: Attachment 1 - Resolution No. 2022-130 Award Construction Contract for Installation of Advanced Dilemma Zone [Revision 1] Resolution No. 2022-130
Resolution 2022-130
June 15, 2022

Page 3 of 4 ends

California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 8. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 9. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 15th day of June 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

31.a
Packet Pg. 1221 Attachment: Attachment 1 - Resolution No. 2022-130 Award Construction Contract for Installation of Advanced Dilemma Zone [Revision 1] Resolution No. 2022-130
Resolution 2022-130
June 15, 2022

Page 4 of 4 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-130, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022.

Genoveva Rocha, CMC, City Clerk

31.a
Packet Pg. 1222 Attachment: Attachment 1 - Resolution No. 2022-130 Award Construction Contract for Installation of Advanced Dilemma Zone [Revision 1]

31.b
Packet Pg. 1223 Attachment: Attachment 2 - Exhibit A-Contract Agreement (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone

31.b
Packet Pg. 1224 Attachment: Attachment 2 - Exhibit A-Contract Agreement (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone A-2

31.b
Packet Pg. 1225 Attachment: Attachment 2 - Exhibit A-Contract Agreement (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone

31.b
Packet Pg. 1226 Attachment: Attachment 2 - Exhibit A-Contract Agreement (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone

31.b
Packet Pg. 1227 Attachment: Attachment 2 - Exhibit A-Contract Agreement (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone

31.b
Packet Pg. 1228 Attachment: Attachment 2 - Exhibit A-Contract Agreement (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone

31.b
Packet Pg. 1229 Attachment: Attachment 2 - Exhibit A-Contract Agreement (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone

31.b
Packet Pg. 1230 Attachment: Attachment 2 - Exhibit A-Contract Agreement (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone

31.b
Packet Pg. 1231 Attachment: Attachment 2 - Exhibit A-Contract Agreement (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone

31.b
Packet Pg. 1232 Attachment: Attachment 2 - Exhibit A-Contract Agreement (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone

31.b
Packet Pg. 1233 Attachment: Attachment 2 - Exhibit A-Contract Agreement (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone

31.b
Packet Pg. 1234 Attachment: Attachment 2 - Exhibit A-Contract Agreement (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone

31.b
Packet Pg. 1235 Attachment: Attachment 2 - Exhibit A-Contract Agreement (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone

31.b
Packet Pg. 1236 Attachment: Attachment 2 - Exhibit A-Contract Agreement (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone

31.b
Packet Pg. 1237 Attachment: Attachment 2 - Exhibit A-Contract Agreement (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone

BID TABULATION FOR
IMPLEMENTATION OF ADVANCED DILEMMA ZONE DETECTION AT 49 INTERSECTIONS ON THE CORRIDOR OF BASELINES ST, MT. VERNON AVE HIGHLAND AVE BID OPENING: April 22, 2022 2:00PM
FILE: PROJECT NO. TC-HSIP Cycle 9 - HSIPL-5033 (057)
Item No. BID ITEM DESCRIPTION
Estimated
Quantity
Unit
BID SCHEDULE NO. 1 BASELINE STREET CORRIDOR Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 REWIRE INTERSECTION 7 EA. 20,000 $ 140,000 $ 7,187 $ 50,309 $ 3,941 $ 27,587 $ 18,000 $ 126,000 $ 7,284 $ 50,988 $ 2 FURNISH, INSTALL & CONFIGURE ADVANCED
DILEMMA ZONE SYSTEM 19 EA. 16,824 $ 319,656 $ 20,169 $ 383,211 $ 19,752 $ 375,288 $ 18,775 $ 356,725 $ 18,531 $ 352,089 $ 3 FURNISH AND INSTALL NEW VIDEO
DETECTION CABLE 1 LS 29,000 $ 29,000 $ 21,200 $ 21,200 $ 4,938 $ 4,938 $ 49,915 $ 49,915 $ 51,537 $ 51,537 $ 4 FURNISH AND INSTALL NEW 2070
TRAFFIC CONTROLLER. 12 EA. 6,584 $ 79,008 $ 7,394 $ 88,728 $ 6,457 $ 77,484 $ 6,525 $ 78,300 $ 7,066 $ 84,792 $ 5 FURNISH AND INSTALL NEW CONFLICT MONITOR. 12 EA. 877 $ 10,524 $ 1,153 $ 13,836 $ 817 $ 9,804 $ 800 $ 9,600 $ 526 $ 6,312 $ 6 FURNISH AND INSTALL FULLY LOADED TYPE 332L CABINET
WITH 2070 CONTROLLER ON NEW FOUNDATION. 7 EA. 20,909 $ 146,363 $ 19,183 $ 134,281 $ 15,989 $ 111,923 $ 18,765 $ 131,355 $ 18,496 $ 129,472 $ 7 REMOVE EXISTING TYPE 332 OR 336 CABINET
AND FOUNDATION COMPLETE. 7 EA. 1,300 $ 9,100 $ 1,635 $ 11,445 $ 1,026 $ 7,182 $ 1,950 $ 13,650 $ 1,810 $ 12,670 $ 8 FURNISH AND INSTALL NEW 4" PVC CONDUIT,
INCLUDING CONCRETE PANELS 3000 LF. 60 $ 180,000 $ 72 $ 216,000 $ 92 $ 276,000 $ 100 $ 300,000 $ 142 $ 426,000 $ 9 FURNISH AND INSTALL NEW TAMPER RESISTANT
NO. 6 PULL BOX, INCLUDING CONCRETE PANELS 53 EA. 1,300 $ 68,900 $ 1,610 $ 85,330 $ 1,008 $ 53,424 $ 2,000 $ 106,000 $ 2,804 $ 148,612 $ 10 REMOVE EXISTING PULL BOX. 52 EA. 200 $ 10,400 $ 598 $ 31,096 $ 676 $ 35,152 $ 85 $ 4,420 $ 292 $ 15,184 $ 11 FURNISH AND INSTALL NEW PBB POST
AND FOUNDATION COMPLETE. 3 EA. 3,038 $ 9,114 $ 3,095 $ 9,285 $ 1,337 $ 4,011 $ 2,220 $ 6,660 $ 1,397 $ 4,191 $ 12 FURNISH AND INSTALL NEW TYPE 1A POLE
AND FOUNDATION COMPLETE. 4 EA. 7,056 $ 28,224 $ 6,386 $ 25,544 $ 6,638 $ 26,552 $ 8,260 $ 33,040 $ 4,219 $ 16,876 $ 13 FURNISH AND INSTALL NEW 17-2-100 POLE
AND FOUNDATION COMPLETE. 1 EA. 27,952 $ 27,952 $ 27,690 $ 27,690 $ 27,842 $ 27,842 $ 29,820 $ 29,820 $ 22,412 $ 22,412 $ 14 FURNISH AND INSTALL NEW 17-3-100 POLE
AND FOUNDATION COMPLETE. 1 EA. 29,865 $ 29,865 $ 29,507 $ 29,507 $ 29,542 $ 29,542 $ 32,535 $ 32,535 $ 24,673 $ 24,673 $ 15 FURNISH AND INSTALL NEW 19-3-100 POLE
AND FOUNDATION COMPLETE. 9 EA. 30,376 $ 273,384 $ 27,611 $ 248,499 $ 29,542 $ 265,878 $ 35,805 $ 322,245 $ 26,297 $ 236,673 $ 16 FURNISH AND INSTALL NEW 24-3-100 POLE
AND FOUNDATION COMPLETE. 2 EA. 32,799 $ 65,598 $ 32,219 $ 64,438 $ 32,737 $ 65,474 $ 38,805 $ 77,610 $ 29,653 $ 59,306 $ 17 REMOVE EXISTING POLE FOUNDATION AND
SALVAGE EXISTING TRAFFIC SIGNAL POLE COMPLETE. 13 EA. 2,500 $ 32,500 $ 1,514 $ 19,682 $ 7,702 $ 100,126 $ 1,835 $ 23,855 $ 1,814 $ 23,582 $ 18 RELOCATE EXISTING WIRELESS RADIO TO NEW TRAFFIC
SIGNAL POLE AND FURNISH AND INSTALL NEW BRACKET 2 EA. 500 $ 1,000 $ 2,083 $ 4,166 $ 932 $ 1,864 $ 2,600 $ 5,200 $ 1,015 $ 2,030 $ 19 RELOCATE EXISTING CCTV CAMERA TO NEW TRAFFIC
SIGNAL POLE AND FURNISH AND INSTALL NEW BRACKET. 1 EA. 1,500 $ 1,500 $ 5,841 $ 5,841 $ 1,165 $ 1,165 $ 3,200 $ 3,200 $ 1,047 $ 1,047 $

BAKER ELLECTRIC
& RENEWABLES, LLC BELCO COMET ELECTRIC ILB

CROSSTOWN ELECTRICAL
& DATA INC.

LOW BIDDER 2ND LOW 3RD LOW 4TH LOW 5TH LOW

31.c
Packet Pg. 1238 Attachment: Attachment 3 - Bid Tabulations (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

BID TABULATION FOR
IMPLEMENTATION OF ADVANCED DILEMMA ZONE DETECTION AT 49 INTERSECTIONS ON THE CORRIDOR OF BASELINES ST, MT. VERNON AVE HIGHLAND AVE 20 FURNISH AND INSTALL NEW PEDESTRIAN
COUNTDOWN HEAD ON POLE. 7 EA. 1,125 $ 7,875 $ 1,572 $ 11,004 $ 901 $ 6,307 $ 935 $ 6,545 $ 938 $ 6,566 $ 21 REMOVE AND SALVAGE EXISTING
PEDESTRIAN SIGNAL HEAD. 7 EA. 100 $ 700 $ 568 $ 3,976 $ 58 $ 406 $ 85 $ 595 $ 121 $ 847 $ 22 FURNISH AND INSTALL NEW 3-12" LED VEHICLE HEAD
ON EXISTING SIGNAL POLE. 2 EA. 1,450 $ 2,900 $ 2,990 $ 5,980 $ 1,198 $ 2,396 $ 1,375 $ 2,750 $ 1,359 $ 2,718 $ 23 REMOVE AND SALVAGE EXISTING VEHICLE HEADS. 2 EA. 100 $ 200 $ 1,656 $ 3,312 $ 58 $ 116 $ 120 $ 240 $ 121 $ 242 $ 24 REMOVE EXISTING VIDEO DETECTION CAMERA 2 EA. 300 $ 600 $ 1,590 $ 3,180 $ 117 $ 234 $ 1,185 $ 2,370 $ 457 $ 914 $ 25 FURNISH AND INSTALL POLARA BULLDOG
PEDESTRIAN PUSH BUTTON 9 EA. 600 $ 5,400 $ 790 $ 7,110 $ 381 $ 3,429 $ 500 $ 4,500 $ 625 $ 5,625 $ 26 FURNISH AND INSTALL NEW TAMPER RESISTANT
NO. 5 PULL BOX, INCLUDING CONCRETE PANELS 1 EA. 1,000 $ 1,000 $ 4,274 $ 4,274 $ 1,164 $ 1,164 $ 1,800 $ 1,800 $ 59,880 $ 59,880 $ 27 FURNISH AND INSTALL LB CONDUIT 2 EA. 600 $ 1,200 $ 1,722 $ 3,444 $ 1,049 $ 2,098 $ 1,500 $ 3,000 $ 749 $ 1,498 $ 28 FURNISH AND INSTALL NEW 5-12" LED VEHICLE
HEAD ON EXISTIN SIGNAL POLE. 2 EA. 2,157 $ 4,314 $ 3,502 $ 7,004 $ 1,657 $ 3,314 $ 1,815 $ 3,630 $ 1,784 $ 3,568 $ 29 MOBILIZATION 1 LS. 40,000 $ 40,000 $ 20,529 $ 20,529 $ 65,830 $ 65,830 $ 50,000 $ 50,000 $ 87,000 $ 87,000 $ 30 TRAFFIC CONTROL 1 LS. 20,000 $ 20,000 $ 3,263 $ 3,263 $ 5,719 $ 5,719 $ 35,000 $ 35,000 $ 20,000 $ 20,000 $ BID SCHEDULE NO. 1 SUBTOTAL $ 1,543,164 1,546,277 $ 1,592,249 $ 1,820,560 $ 1,857,304 $ BID SCHEDULE NO. 2 MT. VERNON AVENUE CORRIDOR
1 REWIRE INTERSECTION 3 EA. 20,000 $ 60,000 $ 9,586 $ 28,758 $ 3,978 $ 11,934 $ 18,000 $ 54,000 $ 9,818 $ 29,454 $ 2 FURNISH, INSTALL & CONFIGURE ADVANCED DILEMMA ZONE SYSTEM 11 EA. 18,195 $ 200,145 $ 21,398 $ 235,378 $ 21,064 $ 231,704 $ 18,775 $ 206,525 $ 10,915 $ 120,065 $ 3 FURNISH AND INSTALL NEW VIDEO DETECTION CABLE 1 LS. 18,000 $ 18,000 $ 13,637 $ 13,637 $ 2,574 $ 2,574 $ 28,900 $ 28,900 $ 27,018 $ 27,018 $ 4 FURNISH AND INSTALL NEW 2070 TRAFFIC CONTROLLER. 8 EA. 6,584 $ 52,672 $ 7,521 $ 60,168 $ 6,359 $ 50,872 $ 6,525 $ 52,200 $ 3,533 $ 28,264 $ 5 FURNISH AND INSTALL NEW CONFLICT MONITOR. 8 EA. 877 $ 7,016 $ 1,281 $ 10,248 $ 793 $ 6,344 $ 800 $ 6,400 $ 263 $ 2,104 $ 6 FURNISH AND INSTALL FULLY LOADED TYPE 332L CABINET WITH 2070 CONTROLLER ON NEW FOUNDATION. 3 EA. 20,909 $ 62,727 $ 19,763 $ 59,289 $ 15,987 $ 47,961 $ 18,765 $ 56,295 $ 18,496 $ 55,488 $ 7 REMOVE EXISTING TYPE 332 OR 336 CABINET
AND FOUNDATION COMPLETE. 3 EA. 1,300 $ 3,900 $ 2,348 $ 7,044 $ 1,026 $ 3,078 $ 1,950 $ 5,850 $ 845 $ 2,535 $ 8 FURNISH AND INSTALL NEW 4" PVC CONDUIT,
INCLUDING CONCRETE PANELS 2500 LF. 62 $ 155,000 $ 74 $ 185,000 $ 92 $ 230,000 $ 97 $ 242,500 $ 134 $ 335,000 $ 9 FURNISH AND INSTALL NEW TAMPER RESISTANT NO. 6
PULL BOX, INCLUDING CONCRETE PANELS 49 EA. 1,300 $ 63,700 $ 1,618 $ 79,282 $ 963 $ 47,187 $ 2,000 $ 98,000 $ 1,684 $ 82,516 $ 10 REMOVE EXISTING PULL BOX. 47 EA. 200 $ 9,400 $ 604 $ 28,388 $ 658 $ 30,926 $ 85 $ 3,995 $ 264 $ 12,408 $ 11 FURNISH AND INSTALL NEW PBB POST AND FOUNDATION COMPLETE. 3 EA. 6,654 $ 19,962 $ 6,895 $ 20,685 $ 4,760 $ 14,280 $ 2,220 $ 6,660 $ 15,066 $ 45,198 $ 12 FURNISH AND INSTALL NEW TYPE 1A POLE AND FOUNDATION COMPLETE. 1 EA. 8,077 $ 8,077 $ 12,758 $ 12,758 $ 7,429 $ 7,429 $ 9,260 $ 9,260 $ 6,729 $ 6,729 $ 13 FURNISH AND INSTALL NEW 24-3-100 POLE AND FOUNDATION COMPLETE. 5 EA. 28,794 $ 143,970 $ 31,435 $ 157,175 $ 33,162 $ 165,810 $ 38,805 $ 194,025 $ 150,392 $ 751,960 $ 14 FURNISH AND INSTALL NEW 26-3-100 POLE AND FOUNDATION COMPLETE. 1 EA. 34,458 $ 34,458 $ 35,439 $ 35,439 $ 34,700 $ 34,700 $ 43,500 $ 43,500 $ 5,428 $ 5,428 $ 15 REMOVE EXISTING POLE FOUNDATION AND SALVAGE
EXISTING TRAFFIC SIGNAL POLE COMPLETE. 6 EA. 2,500 $ 15,000 $ 1,787 $ 10,722 $ 6,504 $ 39,024 $ 1,835 $ 11,010 $ 904 $ 5,424 $ 16 RELOCATE EXISTING WIRELESS RADIO TO NEW TRAFFIC SIGNAL POLE AND FURNISH AND INSTALL NEW BRACKET 2 EA. 500 $ 1,000 $ 2,083 $ 4,166 $ 932 $ 1,864 $ 2,600 $ 5,200 $ 2,031 $ 4,062 $ 17 FURNISH AND INSTALL NEW PEDESTRIAN COUNTDOWN HEAD ON POLE. 8 EA. 1,124 $ 8,992 $ 1,518 $ 12,144 $ 901 $ 7,208 $ 935 $ 7,480 $ 7,503 $ 60,024 $ 18 FURNISH AND INSTALL APS SYSTEM / POLARA LEGACY PED PUSH BUTTON 1/2 EA. 4,600 $ 13,800 $ 8,352 $ 25,056 $ 25,795 $ 77,385 $ 15,000 $ 45,000 $ 13,412 $ 40,236 $ 19 FURNISH AND INSTALL LB CONDUIT 2 EA. 600 $ 1,200 $ 1,722 $ 3,444 $ 699 $ 1,398 $ 1,500 $ 3,000 $ 749 $ 1,498 $ 20 MOBILIZATION 1 LS. 30,000 $ 30,000 $ 20,529 $ 20,529 $ 45,330 $ 45,330 $ 30,000 $ 30,000 $ 57,300 $ 57,300 $

31.c
Packet Pg. 1239 Attachment: Attachment 3 - Bid Tabulations (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

BID TABULATION FOR
IMPLEMENTATION OF ADVANCED DILEMMA ZONE DETECTION AT 49 INTERSECTIONS ON THE CORRIDOR OF BASELINES ST, MT. VERNON AVE HIGHLAND AVE 21 TRAFFIC CONTROL 1 LS. 20,000 $ 20,000 $ 3,236 $ 3,236 $ 5,719 $ 5,719 $ 25,000 $ 25,000 $ 10,000 $ 10,000 $ BID SCHEDULE NO. 2 SUBTOTAL $ 1,012,546 929,019 $ 1,062,727 $ 1,134,800 $ 1,682,711 $ BID SCHEDULE NO. 3 HIGHLAND AVENUE CORRIDOR
1 REWIRE INTERSECTION 3 EA. 22,000 $ 66,000 $ 9,587 $ 28,761 $ 6,968 $ 20,904 $ 18,000 $ 54,000 $ 68,664 $ 205,992 $ 2 FURNISH, INSTALL & CONFIGURE ADVANCED DILEMMA ZONE SYSTEM 19 EA. 19,349 $ 367,631 $ 22,239 $ 422,541 $ 22,284 $ 423,396 $ 18,775 $ 356,725 $ 20,710 $ 393,490 $ 3 FURNISH AND INSTALL NEW VIDEO DETECTION CABLE 1 LS. 35,000 $ 35,000 $ 21,201 $ 21,201 $ 6,814 $ 6,814 $ 49,915 $ 49,915 $ 58,594 $ 58,594 $ 4 FURNISH AND INSTALL NEW 2070 TRAFFIC CONTROLLER. 16 EA. 6,584 $ 105,344 $ 7,330 $ 117,280 $ 6,418 $ 102,688 $ 6,525 $ 104,400 $ 7,693 $ 123,088 $ 5 FURNISH AND INSTALL NEW CONFLICT MONITOR. 16 EA. 877 $ 14,032 $ 1,090 $ 17,440 $ 807 $ 12,912 $ 800 $ 12,800 $ 526 $ 8,416 $ 6 FURNISH AND INSTALL FULLY LOADED TYPE 332L CABINET
WITH 2070 CONTROLLER ON NEW FOUNDATION. 3 EA. 20,909 $ 62,727 $ 19,763 $ 59,289 $ 15,432 $ 46,296 $ 18,765 $ 56,295 $ 18,496 $ 55,488 $ 7 REMOVE EXISTING TYPE 332 OR 336 CABINET
AND FOUNDATION COMPLETE. 3 EA. 1,300 $ 3,900 $ 2,215 $ 6,645 $ 1,581 $ 4,743 $ 1,950 $ 5,850 $ 845 $ 2,535 $ 8 FURNISH AND INSTALL NEW 4" PVC CONDUIT,
INCLUDING CONCRETE PANELS 2800 LF. 60 $ 168,000 $ 71 $ 198,800 $ 92 $ 257,600 $ 97 $ 271,600 $ 165 $ 462,000 $ 9 FURNISH AND INSTALL NEW TAMPER RESISTANT
NO. 6 PULL BOX, INCLUDING CONCRETE PANELS 51 EA. 1,300 $ 66,300 $ 1,612 $ 82,212 $ 1,411 $ 71,961 $ 2,000 $ 102,000 $ 501 $ 25,551 $ 10 REMOVE EXISTING PULL BOX. 52 EA. 200 $ 10,400 $ 598 $ 31,096 $ 123 $ 6,396 $ 85 $ 4,420 $ 292 $ 15,184 $ 11 FURNISH AND INSTALL NEW 15TS POLE AND FOUNDATION COMPLETE. 1 EA. 15,024 $ 15,024 $ 14,346 $ 14,346 $ 14,361 $ 14,361 $ 16,000 $ 16,000 $ 10,685 $ 10,685 $ 12 FURNISH AND INSTALL NEW 17-2-100 POLE
AND FOUNDATION COMPLETE. 1 EA. 28,567 $ 28,567 $ 28,944 $ 28,944 $ 27,630 $ 27,630 $ 29,820 $ 29,820 $ 22,384 $ 22,384 $ 13 FURNISH AND INSTALL NEW 18-2-100 POLE
AND FOUNDATION COMPLETE. 1 EA. 25,632 $ 25,632 $ 25,981 $ 25,981 $ 24,818 $ 24,818 $ 32,250 $ 32,250 $ 19,638 $ 19,638 $ 14 FURNISH AND INSTALL NEW 19-3-100 POLE
AND FOUNDATION COMPLETE. 6 EA. 32,186 $ 193,116 $ 29,658 $ 177,948 $ 31,197 $ 187,182 $ 35,805 $ 214,830 $ 23,260 $ 139,560 $ 15 REMOVE EXISTING POLE FOUNDATION AND SALVAGE
EXISTING TRAFFIC SIGNAL POLE COMPLETE. 9 EA. 2,500 $ 22,500 $ 1,618 $ 14,562 $ 2,923 $ 26,307 $ 1,835 $ 16,515 $ 1,354 $ 12,186 $ 16 RELOCATE EXISTING WIRELESS RADIO TO NEW TRAFFIC
SIGNAL POLE AND FURNISH AND INSTALL NEW BRACKET 1 EA. 500 $ 500 $ 3,607 $ 3,607 $ 932 $ 932 $ 2,600 $ 2,600 $ 1,015 $ 1,015 $ 17 RELOCATE EXISTING EVP. 1 EA. 250 $ 250 $ 4,110 $ 4,110 $ 233 $ 233 $ 3,500 $ 3,500 $ 1,244 $ 1,244 $ 18 FURNISH AND INSTALL NEW 3-12" LED VEHICLE
HEAD ON EXISTING SIGNAL POLE. 1 EA. 1,438 $ 1,438 $ 4,514 $ 4,514 $ 1,198 $ 1,198 $ 1,375 $ 1,375 $ 214 $ 214 $ 19 REMOVE AND SALVAGE EXISTING VEHICLE HEADS. 2 EA. 100 $ 200 $ 1,656 $ 3,312 $ 58 $ 116 $ 85 $ 170 $ 121 $ 242 $ 20 REMOVE EXISTING VIDEO DETECTION CAMERA 10 EA. 300 $ 3,000 $ 997 $ 9,970 $ 117 $ 1,170 $ 1,185 $ 11,850 $ 457 $ 4,570 $ 21 FURNISH AND INSTALL APS SYSTEM / POLARA LEGACY PED PUSH BUTTON 1/2 EA. 4,600 $ 13,800 $ 8,352 $ 25,056 $ 27,015 $ 81,045 $ 15,000 $ 45,000 $ 161 $ 483 $ 22 FURNISH AND INSTALL LB CONDUIT 5 EA. 600 $ 3,000 $ 831 $ 4,155 $ 699 $ 3,495 $ 1,500 $ 7,500 $ 749 $ 3,745 $ 23 FURNISH AND INSTALL NEW 3" PVC CONDUIT,
INCLUDING CONCRETE PANELS 25 LF. 100 $ 2,500 $ 155 $ 3,875 $ 85 $ 2,125 $ 150 $ 3,750 $ 201 $ 5,025 $ 24 REPLACE CURB RAMP FLARE WITH CONCRETE 100 SF. 110 $ 11,000 $ 249 $ 24,900 $ 137 $ 13,700 $ 45 $ 4,500 $ 50 $ 5,000 $ 25 FURNISH AND INSTALL NEW 5-12" LED VEHICLE
HEAD ON EXISTIN SIGNAL POLE. 1 EA. 2,157 $ 2,157 $ 5,025 $ 5,025 $ 1,657 $ 1,657 $ 1,815 $ 1,815 $ 214 $ 214 $ 26 MOBILIZATION 1 LS. 40,000 $ 40,000 $ 20,529 $ 20,529 $ 54,830 $ 54,830 $ 50,000 $ 50,000 $ 72,000 $ 72,000 $ 27 TRAFFIC CONTROL 1 LS. 20,000 $ 20,000 $ 3,236 $ 3,236 $ 5,719 $ 5,719 $ 35,000 $ 35,000 $ 25,000 $ 25,000 $ BID SCHEDULE NO. 3 SUBTOTAL $ 1,359,335 1,282,018 $ 1,400,228 $ 1,494,480 $ 1,673,543 $ TOTAL BID SCHEDULE $ 3,915,045 3,757,314 $ 4,055,204 $ 4,449,840 $ 5,213,558 $

31.c
Packet Pg. 1240 Attachment: Attachment 3 - Bid Tabulations (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

BID TABULATION FOR
IMPLEMENTATION OF ADVANCED DILEMMA ZONE DETECTION AT 49 INTERSECTIONS ON THE CORRIDOR OF BASELINES ST, MT. VERNON AVE HIGHLAND AVE BID SCHEDULE NO. 1 $ 1,543,164 1,546,277 $ 1,592,249 $ 1,820,560 $ 1,857,304 $ BID SCHEDULE NO. 2 $ 1,012,546 929,019 $ 1,062,727 $ 1,134,800 $ 1,682,711 $ BID SCHEDULE NO. 3 $ 1,359,335 1,282,018 $ 1,400,228 $ 1,494,480 $ 1,673,543 $ LISTED TOTAL $ 3,757,314 * $ 3,899,814 * $ 3,949,634 * $ 4,389,840 * $ 4,612,110 * LISTED BID DOES NOT MATCH BID TABULATION

BELCO COMET ELECTRIC ILB CROSSTOWN ELECTRICAL

BAKER ELLECTRIC
& RENEWABLES, LLC

31.c
Packet Pg. 1241 Attachment: Attachment 3 - Bid Tabulations (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1242 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1243 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1244 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1245 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1246 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1247 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1248 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1249 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1250 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1251 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1252 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1253 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1254 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1255 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1256 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1257 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1258 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1259 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1260 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1261 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1262 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1263 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1264 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1265 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1266 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1267 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1268 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1269 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1270 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1271 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1272 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1273 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1274 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1275 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1276 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1277 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1278 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1279 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1280 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1281 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1282 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1283 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1284 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1285 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1286 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1287 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1288 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1289 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1290 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1291 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1292 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1293 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1294 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1295 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1296 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1297 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1298 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1299 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7))

31.d
Packet Pg. 1300 Attachment: Attachment 4 - Bid Proposal (8967 : Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7)) (!S (!S (!
(!S (!S (!S (!S (!S (!S (!S S (!S (!S (!S (!S (!S (!S (!S (!S (!S (!
(!S (!S (!S (!S (!S (!S (!S (!S (!S S (!S (!S (!S (!S (!S (!S (!S (!S (!S (!S
(!S
(!S
(!S
(!S(!S
(!S
(!S
(!S
(!S
(!S
(!S
(!S
E St
D St
H St
9Th St
Mill St
I 215 Fwy
Highland Ave
Rialto Ave
Sierra Way
30Th St
Waterman Ave
Arrowhead Ave
K St
Baseline St
G St
Mt Vernon Ave
L St
Central Ave
16Th St
28Th St
J St
8Th St
California St
10Th St
Olive St
4Th St
18Th St
31St St
Cajon Blvd
Medical Center Dr
7Th St
Lena Rd
Pumalo St
Arden Ave
21St St
Union St
Pacific St
Spruce St
Del Rosa Dr
Wall Ave
Lynwood Dr
Garden Dr
State Hwy 259
Colima Rd
Crestview Ave
Golden Ave
Genevieve St
2Nd St
Vine St
Walnut St
19Th St
Muscupiabe Dr
Rancho Ave
Western Ave
Wilson St
Lugo Ave
Foisy St
Perris St
Lincoln Dr
Unnamed Acrd
Victoria Ave
Del Rosa Ave
I St
Mill Oh
Evans St
I 215 Onrp
Inland Center Dr
Barton St
Porter St
Fairfax Dr
King St
Miramonte Dr
Guthrie St
Marshall Blvd
Massachusetts Ave
Little Mountain Dr
Huff St
Bunker Hill Dr
Leroy St
Sterling Ave
Grant Ave
Goodlett St
Garner Ave
Orchid Dr
Harry Sheppard Blvd
Victoria St
Kingman St
Niles St
Leland Norton Way
Date St
Magnolia Ave
Harris St
Fremontia Dr
Pershing Ave
Gifford Ave
Darby St
Perris Hill Rd
North St
Mountain Ave
Allen St
Cedar St
Temple St
Cedar Ave
Stoddard Ave
Wabash St
Bobbett Dr
29Th St
San Jacinto St
Pear St
Canyon Rd
Colorado Ave
Windsor Dr
Parkside Dr
Valley St
Grape St
Athol St
Kenwood Ave
F St
Belle St
Valaria Dr
State 210 - I 215 Ichg
State St
Tippecanoe Ave
Gardena St
Bryant St
Mesa St
I 215 - State 210 Ichg
Mountain View Ave
Valencia Ave
Ladera Rd
Lena Ave
Windsor St
Harrison St
15Th St
Muscott St
Perris Hill Park Rd 17Th St
Virginia St
Valley View Ave
Home Ave
Elks Dr
Esperanza St
Sepulveda Ave Bussey St
Oak St
Benedict Rd
Acacia Ave
Turrill Ave
Lincoln Ave
Foothill Blvd
13Th St
Broadmoor Blvd
Pepper Tree Ln
Trenton St
Virginia Dr
Gilbert St
Mayfield St
Park Ave
Unnamed Rd
Lawrence Ave
Julia St
Roxbury Dr
Lynwood Way
Pico Ave
Herrington Ave
Court St
Myrtle St
Johnston St
Mirada Rd
Belleview St
Clevenger Dr
Los Feliz Dr
Argyle Ave
Lomita Rd
Anton Ct
Holden Dr
Doolittle St
Birch St
Elmwood Rd
Bordwell Ave
Oakhurst Dr
Conejo Dr
Jane St
Irwin St
Davidson Ave
Osbun Rd
Loma Ave
Terrace St
San Gabriel St
Hillcrest Ave
Main St
La Junta St
14Th St
Alexander Ave
Elm Ave
Flores St
Belvan Ave
Mallory St
Val Mar Rd
Unnamed Aly
Madison St
Arizona Ave
Hillcrest St
Blythe Ave
Drake Dr
Chestnut St
Paseo Way
Merito Ave
Benedict St
Cabrera St
Serrano Rd
Reece St
Preston St
Art Townsend Dr
Chiquita Ln
Ohio Ave
Arrow Rte
Garcia St
Cluster St
Citrus St
Cleveland St
Erwin Ave
Ramona Ave
Colima Ave
Alameda Ave
Mayfield Ave
Newcomb St
Mc Kinley St
State 259-I 215 Ichg
Berry St
Tennis Court Ln
Rockford Ave
Congress St
Berkeley Ave
Cabrera Ave
Crescent Ave
Mockingbird Ln
Oak Ct
Velarde St
Cross St
Elm Cir
Louise St
Iola St
Dumbarton Ave
Eureka Ave
Interocean Ave
Hilda St
George Webster Dr
Edgemont Dr
Montgomery St
Holly Vista Blvd
Lynwood Way
Park Ave
Sepulveda Ave
Acacia Ave
4Th St
Home Ave
Union St
Vine St
28Th St
13Th St
Marshall Blvd
15Th St
18Th St
Oak St
30Th St
16Th St
F St
Unnamed St
14Th St
Garner Ave
15Th St
Pico Ave
Pershing Ave
6Th St
Belle St
J St
23Rd St
Date St
15Th St
Walnut St
5Th St
H St
Leroy St
Temple St
29Th St
Huff St
Flores St
Pico Ave
2Nd St
Davidson Ave
State St
Lynwood Dr
Stoddard Ave
29Th St
Mill St
Gilbert St 15Th St
I 215 Onrp
31St St
Perris St
8Th St
D St
Lugo Ave
3Rd St
L St
Pershing Ave
Flores St
17Th St
27Th St
Valley St
Unnamed Rd
Sepulveda Ave
Marshall Blvd
King St
G St
Stoddard Ave D St
Crescent Ave Lynwood Dr
K St
Cedar St
Baseline St
I St
20Th St
28Th St
Mall Way
16Th St
Congress St
Wall Ave
29Th St 29Th St
L St
Tippecanoe Ave
11Th St
I St
6Th St
I St
I 215 Onrp
K St
25Th St
21St St
24Th St
Vine St
Cabrera Ave
Unnamed Acrd
Belle St
Lugo Ave
27Th St
18Th St
Spruce St
17Th St
Pershing Ave
Court St
Pico Ave
Lugo Ave
27Th St
State Hwy 210 Fwy
Garner Ave
I 215 Onrp
20Th St
J St
Turrill Ave
F St
Orange St
Glenview Ave
Western Ave
17Th St
23Rd St
17Th St
Belle St
Esperanza St
Olive St
Lincoln Ave
28Th St
Parkside Dr
Pershing Ave
21St St
28Th St
17Th St
Tippecanoe Ave
7Th St
17Th St
6Th St
Alameda Ave
J St
Valencia Ave
Magnolia Ave
Conejo Dr
Evans St
K St
Rialto Ave
Pacific St
Highland Ave
18Th St
Mountain View Ave 4Th St 2Nd St
Genevieve St
23Rd St
Turrill Ave
26Th St
19Th St
Virginia St
Western Ave
23Rd St
5Th St
Vine St
17Th St
King St
Temple St
6Th St
0 0.25 0.5 1
Miles
I
Vicinity Map: City of San Bernardino Advanced Dilemma Detection Project (!S Signalized Intersections
Mt. Vernon Ave. Baseline Rd.Highland Ave.San Bernardino City Limit Legend

31.e
Packet Pg. 1301
Attachment: Attachment 5 - Locations Map (8967 : Award Construction Contract for Installation of

!

"
#
"

"

!

#$
$"!

!!% &' &("
(%' !

$' "

)
*
+,-./-.+.. 0)!12.'
#

3

"
$-"!

4)#

5)6+

4)#
#&
478+98+.+:
"
7:
%

.-.-.+9

0;<

=
++> 0!)

5 .+-.

5 .-.. %?
'

@

:
' )

'
'41

!

$
'
$'&

*

A7BC
BD68/6,7
E6,+:+++++
E+++
E+++
E+++
E+++
E+++
E6:9/7:6,+++
E..:+B+++
E+++
E+++
E9D.:D/++
E+++
E+++
E+++
E+++
E+++ FGHGIJK
LMNO
FPQHM

RMST FGHGIJK
LMNO
FPQHM

UMST
KVWJK
FPQHM

VXLGI
FPQHM

%
'

96D7>
+98)*&8+8)*&
E6,+:+++++
E+++
E6:9/7:6,+++
E..:+B+++
++++>

+++>
++++>
++++> FGHGIJK
OJIXY

WVMX FGHY
IGNZ[
\

E6,+:+++++
E+++
E,:/6:9D/++
E..:+B+++
XVXJK
WVMX
VF
]VI^ FNQJQWG
NXGZM
'
_`aS`ba`TTYTT

TYTT\
_S`TaTTTYTT
_`aTTba`TTYTT
_cdeadbfYTT
_TYTT

+97++++D7 +97++++D7 ..+.
7+.

E,:++:,++++
E6,+:+++++ ... 97 JWWVPQXNQg

NQFVIZJXNVQ

%
i!"
#&
%

j$#
!&-)
! !$"j;*%
$"!

;
j$
%

5!
% !k!$&#j%!

;
j$ %!h!%)#
$
&
!0
8 4)#8D+66A+D/C

_dablSalbfYTT '
E,:/6:9,9 "
#
' "

'
E,:6.,:79
E,+B:9B/
)
!
%
m .+6+++DD+ .+6+++DD+ !$"j;*%
$"!
*

$"!
E,:++:,++++
E.6:6..++
OIV
IJXJ
VI
KPZO
MPZ
%

%
%
JOOIVnGH

JZVPQX GoONIJXNVQ
HJXG
"

p?

E+++
E6B:B/9++ +B-6+-./ +B-6+-.,
q
!
&'+B-+-.+.,

q
#'+97++++D7 q
$'4)#8D+66A+D/C &!
%;!$

%
$)
%
#
$
'
0

i

6+

31.f
Packet Pg. 1302
Attachment: Attachment 6 - Caltrans Fund Authorization E-76 (8967 : Award Construction Contract for

Page 1 ends

Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 15, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Alex Qishta, Deputy Director of Public Works/ City Engineer Subject: Amendment No. 4 to Agreement with Tetra Tech (Ward 1) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute all documents in support of Amendment No. 4 to the Agreement with Tetra Tech for the 2nd Street Bridge replacement at Warm Creek.

Background
In 2005, an inspection by the California Department of Transportation (Caltrans) Structures Inspection Division revealed that one of the 20 wood columns supporting the 2nd Street Bridge over Warm Creek was decayed and is no longer providing support for the structure. Although the loss of support from the decayed column has not resulted in any apparent distress to the bridge, the loss of support reduces the ability of the structure to resist earthquake loads.

On January 10, 2012, Caltrans approved the City’s application for Federal Highway Bridge Funds in the amount of $2,698,549 for replacement of the bridge, which included $374,760 for Preliminary Engineering (Environmental Document) and Design of the replacement bridge.

On December 18, 2012, proposals for the design were received from the consulting firms of Tetra Tech, ICF, and J. L. Patterson. Staff evaluated the proposals in accordance with the system outlined in the Caltrans Local Assistance Programs Manual (LAPM). The firm of ICF was the highest rated Proposer; however, subsequent negotiations with ICF did not result in an acceptable Scope of Services and Fee. Therefore, negotiations with ICF were ended.

Staff invited the second highest rated Proposer, Tetra Tech, to submit a Scope of Services and Fee for the work, which was determined to be acceptable. Tetra Tech submitted a Scope of Services and Fee for the project that was broken into two phases. The first phase consisted of all requirements that are needed to complete the environmental document and the design of the Project. The fee for the first phase was $470,790. The second phase consisted of several optional tasks such as noise 32 Packet Pg. 1303
8971

Page 2 ends

study, air quality study and construction support. The additional fee for the second phase was $97,239, for a total contract cost of $568,029.

Discussion
The Plans, Specifications, and Estimates (PS&E) phase are complete. The necessary permits are obtained, and construction has already started. Tetra Tech is providing construction support by reviewing technical submittals and providing relative information to contractor.

On April 20, 2022, Tetra Tech requested additional compensation in the amount of $24,061 for construction support and design services. The additional work is triggered by number of unforeseen conditions that encountered during construction related to waterline encasement, cement slurry behind abutments, and relocation of Southern California Edison (SCE) conduits which required addition design changes in bridge plans. Design engineers revised the bridge design as needed.

The consultant continues to provide design services on this project due to ongoing challenges associated with encasement of the waterline and replacement of utility conduits that pass through the bridge. The consultant’s work, in partnership with the contractor, is required to continue to provide construction support services on an as needed basis until the project is complete.

The City and Tetra Tech now desire to amend the Master Agreement to increase the contract amount by $24,061.
2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No.1e: Improved Operational & Financial Capacity - Minimize risk and litigation exposure. Approval of this resolution will result in public improvements being constructed that minimize risk and litigation exposure by improving infrastructure throughout the City.

Fiscal Impact
Sufficient funds in the amount of $24,061 are available in the Development Impact Fee Fund for 2nd Street Bridge Replacement at Warm Creek.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute all documents in support of Amendment No. 4 to the Agreement with Tetra Tech for the 2nd Street Bridge replacement at Warm Creek.
32 Packet Pg. 1304
8971

Page 3 ends

Attachments
Attachment 1 Amendment No. 4
Attachment 2 Exhibit A - Scope of Services
Attachment 3 Location Map
Attachment 4 Original Contract
Attachment 5 Resolution No. 2018-139 - Amendment No. 1
Attachment 6 Resolution No. 2019-19 - Amendment No. 2
Attachment 7 Resolution No. 2022-37 - Amendment No. 3
Ward: 1
Synopsis of Previous Council Actions:

June 16, 2014 Mayor and City Council adopted Resolution No. 2014-234 approving an Agreement with Tetra Tech for the 2nd Street Bridge replacement at Warm Creek.

December 5, 2016 Mayor and City Council adopted Resolution No. 2016-247 adopting a Mitigated Negative Declaration (MND).

May 16, 2018 Mayor and City Council adopted Resolution No. 2018-139 approving Amendment No. 1 with Tetra Tech for 2nd Street Bridge.

February 6, 2019 Mayor and City Council adopted Resolution No. 2019-19 approving Amendment No. 2 with Tetra Tech for 2nd Street Bridge.

February 16,2022 Mayor and City Council adopted Resolution No. 2022-37 approving Amendment No. 3 with Tetra Tech for 2nd Street Bridge.
32 Packet Pg. 1305
EXHIBIT “A”
- 1 -
AMENDMENT NO. 4 TO THE AGREEMENT FOR SERVICES WITH TETRA TECH FOR DESIGN OF THE 2ND STREET BRIDGE REPLACEMENT AT WARM CREEK.

This AMENDMENT is made and entered into this______ day of ____________, 2022, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the “City” and TETRA TECH, hereinafter referred to as “Consultant."
WITNESSETH:

A. WHEREAS, on June 16, 2014 the Mayor and City Council adopted Resolution No. 2014-234 awarding an Agreement for Services (“Agreement”) to Tetra Tech for the design of bridge replacement at 2nd Street and Warm Creek Federal Aid Project No. BRLS-5033(052), Capital Improvement Project No.

SS13-001, Bridge No. 54C-0411 (Project); and
B. WHEREAS, on December 5, 2016 the Mayor and City Council approved Resolution No. 2016-247 adopting a Mitigated Negative Declaration (MND), approving a Mitigation Monitoring and Reporting Program (MMRP) and authorizing the Director of Community Development or Designee to file a Notice of Determination (NOD) with the Clerk of the Board of Supervisors of San Bernardino County for the Second Street Bridge Replacement Project, Bridge #54C-0411; and
C. WHEREAS, on May 16, 2018, the Mayor and City Council adopted Resolution No. 2018-139 approving Amendment No. 1 to the Agreement for Services with Tetra Tech for design of the 2nd Street Bridge replacement at Warm Creek; and
D. WHEREAS, on February 6, 2019, the Mayor and City Council adopted Resolution No. 2019-19 approving Amendment No. 2 to the Agreement for Services with Tetra Tech for design of the 2nd Street Bridge replacement at Warm; and
E. WHEREAS, on February 16, 2022, the Mayor and City Council adopted Resolution No. 2022-37 approving Amendment No. 3 and based on this Amendment, the expiration date of the Agreement for Services was established as December 31, 2022; and
F. WHEREAS, certain unforeseen conditions encountered during construction related to waterline encasement, cement slurry behind abutments, and relocation of SCE conduits which required addition design changes in bridge plans and construction support.

32.a
Packet Pg. 1306 Attachment: Attachment 1 - Amendment No. 4 (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1)) Amendment No. 4 to Agreement for Services with Tetra Tech. - 2 -
G. WHEREAS, Consultant has requested by letter, dated April 20, 2022, additional compensation in the amount of $24,061.00 for the additional work not included in the original proposal and scope of work.

NOW THEREFORE, the parties hereto agree as follows:

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Compensation. Section 2.1 “Compensation” of the Agreement for Professional Services, as amended, is hereby amended as follows:

Original Contract Amount $470,790.00
Amendment No. 2 $ 97,239.00
Amendment No. 4 $ 24,061.00
Revised Contract Amount $592,090.00

3. Full Force. Except as amended by this Amendment No. 4, all provisions of the Agreement, as amended by Amendment No. 1, Amendment No. 2, and Amendment No. 3 including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 4.

4. Electronic Transmission. A manually signed copy of this Amendment No. 4 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 4 for all purposes. This Amendment No. 4 may be signed using an electronic signature.

5. Counterparts. This Amendment No. 4 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]

32.a
Packet Pg. 1307 Attachment: Attachment 1 - Amendment No. 4 (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1)) Amendment No. 4 to Agreement for Services with Tetra Tech. - 3 -

SIGNATURE PAGE FOR
AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT

WITH TETRA TECH
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 4 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Robert D. Field
City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONTRACTOR

TETRA TECH
Signature
Name
Title

32.a
Packet Pg. 1308 Attachment: Attachment 1 - Amendment No. 4 (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1)) 17885 Von Karman Avenue, Suite 500, Irvine, CA 92614-6213 Tel 949.809.5000 Fax 949.809.5010 tetratech.com
April 20, 2022
Mr. Nadeem Syed
Project Manager
City of San Bernardino
201 North E Street, 2nd Floor
San Bernardino, CA 92401
Reference: Second Street Bridge over Warm Creek – Additional Structural Construction Support Dear Mr. Syed:

Tetra Tech appreciates the opportunity to continue to support the City of San Bernardino (City) on the Second Street Bridge over Warm Creek Project. This letter is to request a contract amendment to address additional effort to address unforeseen site conditions encountered during design construction support. The additional work is described in detail in the attached letter from our structural subcontractor, CNS Engineers, Inc., and is summarized below.

SCOPE OF SERVICES
Task 5. Design Support during Construction
In general, the additional work is related to: (1) addressing an unforeseen 12” water pipe coupler, (2) addressing an abandoned concrete slurry, and (3) addressing the relocation of SCE electrical conduits.

The Tetra Tech team has spent a considerable amount of time to promptly address these issues. We request this additional budget to cover the effort CNS Engineers, Inc. has spent to address these issues.

FEE
The price proposal is included in the attached Price Proposal. Tetra Tech is prepared to complete the additional support on a fixed price basis. This amount was based on the enclosed Exhibit A – Price Proposal. A summary of the contract amounts and amendments to date is included in Table 1.

Table 1: Contract Summary
Contract Number Contract Price
Original Contract $470,790
Amendment No. 1 – Time Extension $0
Amendment No. 2 – Design Support During Construction $97,239 Amendment No. 3 – Revisions to Final Plans $0
Amendment No. 4 – End Date Extension $0
Amendment No. 5 – Additional Structural Construction Support $24,061 Total $592,090
Please acknowledge your approval by signing and dating below and returning it to me. Should you have any questions, please contact our Project Manager, Nate Schreiner, at (949) 241-5538, or [email protected]. We look forward to continuing to support the City on this project.

32.b
Packet Pg. 1309 Attachment: Attachment 2 - Exhibit A - Scope of Services (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1)) Mr. Nadeem Syed
April 20, 2022

Page 2 ends

2 TETRA TECH
Sincerely,
Mr. Nate Schreiner, PE
Project Manager
Attachment(s): Price Proposal and Subcontractor
Proposal
Mr. Jason Fussel, PE, PLS, LEED AP, ENV SP
Vice President
APPROVED BY: PROJECT:

BY: TITLE: DATE:

32.b
Packet Pg. 1310 Attachment: Attachment 2 - Exhibit A - Scope of Services (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1)) Price Summary / Totals
Task Pricing Totals 24,061
Specify Add'l Fees on Setup 0
Technology Use Fee
Proj Area > 24,061
Submitted to: City of San Bernardino (Attn: Nadeem Syed) Contract Type: Fixed Price
Project Phases / Tasks From Thru Months - 24,061 - - - - 24,061 Task 5 Design Support During Construction - - 24,061 - - - 24,061 Additional Structural Construction Support 24,061 - 24,061 Totals - - 24,061 - - - 24,061
Task Pricing
Schedule Totals Work Days Off Work Days
Total
Labor Hrs Labor Subs Travel Mat'ls & Equip ODCs
Additional Structural Construction Support (Amendment #5) Total Price Pricing by Resource
2nd Street Bridge
Price Proposal Revision Date:

Apr 20, 2022
Tetra Tech - Confidential and Proprietary Page 1 of 1 Printed 4/20/2022

32.b
Packet Pg. 1311 Attachment: Attachment 2 - Exhibit A - Scope of Services (8971 : Amendment No. 4 to Agreement with Civil and Structural Engineers
CNS Engineers, Inc. 11870 Pierce Street, Suite 265, Riverside, CA 92505 Phone: (951) 687-1005 / Fax: (951) 667-3387 / Web: www.cnseng.com April 6, 2022
Mr. Nate Schreiner, PE
Project Manager
Tetra Tech
707 Wilshire Blvd., 23RD Floor
Los Angeles, CA 90017
Subject: Contract Amendment Request for Design Construction Support Second Street Bridge Replacement in City of San Bernardino (Tt Project No. 135-09273-14001) Dear Mr. Conroy:

This letter is to request a contract amendment to address extra work for unforeseen site conditions for the design construction support. The extra work is itemized as follows:
 A coupler of the 12” SBMWD water pipe was uncovered during the approach excavation. The coupler was not identified in any of the utility as-built plans. The finding requires adding a nonstandard welded steel casing for the exposed water pipe and coupler under the approach slabs and through the abutment walls to allow for future maintenance. The proposed casing requires revision of the bridge plans. Approx. Cost: $6,366.00
 An abandoned slurry concrete wall behind the existing abutment wall was uncovered during the bridge demolition. The slurry wall was not identified in any of the street as-built plans. Coordination and field review were made to resolve the conflict to construction shoring. Approx. Cost: $1,709.00  SCE decided that some of the high voltage conduits cannot be temporarily deenergized in the summer high-demand season. The utility decision affects the bridge construction such as placement of temporary support of the conduits, removal of the slurry encasement, and piling operation.

Coordination and field review were made to resolve the utility relocation. Approx. Cost: $996.00  After months of coordination, SCE decided to temporarily relocate the existing SCE lines to the north side of the street with a 100-foot vertical clearance for pile driving and installation of new conduits hanged under the bridge deck. The new SCE conduits will require revision of the current bid plans to show the new location of the conduits and structural modification of openings at abutments and girder diaphragms and related details and adding SCE-requested details. Approx. Cost: $7,191.00  SCE further decided to relocate the electrical conduits into the raised sidewalk instead of hanging the conduits below the deck. Extensive coordination was made to determine the sidewalk thickness and the number of conduits that can be accommodated by the bridge design. Additional time is also needed to attend various field review meetings. Approx. Cost: $5,632.00 CNS is doing the best we can to accommodate the RFI’s and promptly assist the contractor and the City in resolving unforeseen site conditions. However, considering that the original construction support budget is very tight, we request additional nominal budget to complete the project as follows:

Current Contract Amount for Services 16.0 Design Support During Construction: $18,322.00 Proposed Amendment (this request): $21,874.00
Total Amended Contract Amount for Services 16.0 Design Support During Construction: $40,196.00

32.b
Packet Pg. 1312 Attachment: Attachment 2 - Exhibit A - Scope of Services (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1)) Mr. Nate Schreiner, PE
April 6, 2022

Page 2 of 2 ends

We appreciate the opportunity to work with Tetra Tech and look forward to approval of this contract amendment. Should you have any questions about this proposal, please feel free to contact me at (951) 687- 1005 ext.104 or by email at [email protected].

Sincerely,
James J. Lu, P.E., S.E.

Project Manager / Principal
CNS Engineers, Inc.

Attachments: Cost Proposal Work Sheet
CC. Project File 12022

32.b
Packet Pg. 1313 Attachment: Attachment 2 - Exhibit A - Scope of Services (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1)) Second Street Bridge Replacement
Bridge Construction Supports
Company: CNS Engineers, Inc. Date: 4/6/2022

TOTAL LABOR

STAFF TITLE STAFF NAME HOURS COSTS
Principal Bridge Engr J Lu 5 $479
Senior Bridge Engineer Q Nguyen 104 $6,968
Bridge Project Engineer J. Nguyen 8 $396
CADD Designer N Li 8 $324
$0
$0
DIRECT LABOR SUBTOTALS 125 $8,167
DIRECT LABOR TOTAL $8,167
ESCALATION @ 0% LABOR TOTAL $0
OVERHEAD @ 141.93% $11,591
TOTAL LABOR & OVERHEAD $19,758
OTHER DIRECT COSTS (ODC'S):

Mileage 240 $0.585 per mile $140
Reproduction $0
Postage/Deliveries $0
TOTAL OTHER DIRECT COSTS $140
PROFIT (10% OF LABOR & OVERHEAD) $1,976
TOTAL CNS COSTS $21,874
SUBCONSULTANTS:

None $0
SUBTOTAL SUBCONSULTANT COSTS $0
TOTAL SUBCONSULTANT COSTS $0
TOTAL COSTS $21,874
$65.33
(average rate)
$40.48
Hourly Rate
$95.80
$49.48
$67.00

32.b
Packet Pg. 1314 Attachment: Attachment 2 - Exhibit A - Scope of Services (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1)) ATTACHMENT 1

PROJECT

LOCATION

LOCATION MAP

SECOND STREET BRIDGE OVER WARM CREEK

BRIDGE REPLACEMENT PROJECT

32.c
Packet Pg. 1315 Attachment: Attachment 3 - Location Map (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1316 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1317 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1318 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1319 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1320 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1321 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1322 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1323 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1324 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1325 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1326 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1327 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1328 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1329 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1330 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1331 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1332 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1333 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1334 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1335 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1336 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1337 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1338 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1339 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1340 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1341 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1342 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1343 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1344 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1345 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1346 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1347 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1348 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1349 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1350 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1351 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1352 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1353 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1354 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1355 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1356 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1357 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1358 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1359 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1360 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1361 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.d
Packet Pg. 1362 Attachment: Attachment 4 - Resolution No. 2014-234 - Original Contract (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.e
Packet Pg. 1363 Attachment: Attachment 5 - Resolution No. 2018-139 - Amendment No. 1 (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.e
Packet Pg. 1364 Attachment: Attachment 5 - Resolution No. 2018-139 - Amendment No. 1 (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.e
Packet Pg. 1365 Attachment: Attachment 5 - Resolution No. 2018-139 - Amendment No. 1 (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.e
Packet Pg. 1366 Attachment: Attachment 5 - Resolution No. 2018-139 - Amendment No. 1 (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.f
Packet Pg. 1367 Attachment: Attachment 6 - Resolution No. 2019-19 - Amendment No. 2 (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.f
Packet Pg. 1368 Attachment: Attachment 6 - Resolution No. 2019-19 - Amendment No. 2 (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.f
Packet Pg. 1369 Attachment: Attachment 6 - Resolution No. 2019-19 - Amendment No. 2 (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.f
Packet Pg. 1370 Attachment: Attachment 6 - Resolution No. 2019-19 - Amendment No. 2 (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.f
Packet Pg. 1371 Attachment: Attachment 6 - Resolution No. 2019-19 - Amendment No. 2 (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.f
Packet Pg. 1372 Attachment: Attachment 6 - Resolution No. 2019-19 - Amendment No. 2 (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.f
Packet Pg. 1373 Attachment: Attachment 6 - Resolution No. 2019-19 - Amendment No. 2 (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.f
Packet Pg. 1374 Attachment: Attachment 6 - Resolution No. 2019-19 - Amendment No. 2 (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.f
Packet Pg. 1375 Attachment: Attachment 6 - Resolution No. 2019-19 - Amendment No. 2 (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.f
Packet Pg. 1376 Attachment: Attachment 6 - Resolution No. 2019-19 - Amendment No. 2 (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.f
Packet Pg. 1377 Attachment: Attachment 6 - Resolution No. 2019-19 - Amendment No. 2 (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.f
Packet Pg. 1378 Attachment: Attachment 6 - Resolution No. 2019-19 - Amendment No. 2 (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.f
Packet Pg. 1379 Attachment: Attachment 6 - Resolution No. 2019-19 - Amendment No. 2 (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.f
Packet Pg. 1380 Attachment: Attachment 6 - Resolution No. 2019-19 - Amendment No. 2 (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.f
Packet Pg. 1381 Attachment: Attachment 6 - Resolution No. 2019-19 - Amendment No. 2 (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.f
Packet Pg. 1382 Attachment: Attachment 6 - Resolution No. 2019-19 - Amendment No. 2 (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.f
Packet Pg. 1383 Attachment: Attachment 6 - Resolution No. 2019-19 - Amendment No. 2 (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1)) Resolution No. 2022- 37
RESOLUTION NO. 2022- 37

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING AMENDMENT NO. 3 TO THE AGREEMENT
WITH TETRA TECH, INC., FOR THE 2ND STREET
BRIDGE REPLACEMENT AT WARM CREEK; AND

AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO

EXECUTE ALL DOCUMENTS IN SUPPORT OF THE
F41 05 1 D1011101 D10M i
WHEREAS, on June 16, 2014, the Mayor and City Council adopted Resolution No. 2014- 234 approving an Agreement with Tetra Tech, Inc., to provide environmental and civil engineering design services for the 2nd Street Bridge replacement at Warm Creek; and WHEREAS, on May 16, 2018, the Mayor and City Council adopted Resolution No. 2018- 139 approving Amendment No. 1 extending the Agreement the with Tetra Tech, Inc. to December 31, 2018, for the 2nd Street Bridge; and
WHEREAS, on February 6, 2019, the Mayor and City Council adopted Resolution No. 2019- 19 approving Amendment No. 2 extending the Agreement with Tetra Tech, Inc., to December 31, 2020, for the 2nd Street Bridge; and
WHEREAS, the 2nd Street Bridge over Warm Creek is currently under construction and Tetra Tech, Inc., is providing construction management support. Currently, the agreement with Tetra Tech, Inc., is expired and needs to be extended; and WHEREAS, the City and Tetra Tech Inc. desire to amend the Master Agreement in order to extend the term of the Master Agreement until December 31, 2022.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The Mayor and City Council hereby authorize the City Manager, or designee to execute Amendment No. 3 to the Professional Services Agreement with Tetra Tech, Inc., and any supporting documents attached hereto as Exhibit " A", on behalf ofthe City.

SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act ( CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that Resolution 2022- 37
February 16, 2022

Page 1 of 3 ends

32.g
Packet Pg. 1384 Attachment: Attachment 7 - Resolution No. 2022-37 - Amendment No. 3 (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1)) Resolution No. 2022- 37
the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions ofthis Resolution are declared to be severable.

SECTION 5. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 16'' day of February 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:
f
G ire' v.

Genoveva Rocha, CMC, City Clerk
Approved as to form:

P01-
P -
Sonia
Carvalho, City Aey Resolution
2022-37 February
16, 2022 Page
2of 3

32.g
Packet Pg. 1385 Attachment: Attachment 7 - Resolution No. 2022-37 - Amendment No. 3 (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1)) Resolution No. 2022- 37

CERTIFICATION

STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022- 37, adopted at a regular meeting held on the 16a' day of February 2022 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ X

IBARRA X

FIGUEROA X

SHORETT X

REYNOSO X

CALVIN X

ALEXANDER X
WITNESS my hand and official seal ofthe City of San Bernardino this 17t' day of February 2022.

Genoveva Rocha, CMC, City Clerk
Resolution 2022- 37
February 16, 2022

Page 3 of 3 ends

32.g
Packet Pg. 1386 Attachment: Attachment 7 - Resolution No. 2022-37 - Amendment No. 3 (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.g
Packet Pg. 1387 Attachment: Attachment 7 - Resolution No. 2022-37 - Amendment No. 3 (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.g
Packet Pg. 1388 Attachment: Attachment 7 - Resolution No. 2022-37 - Amendment No. 3 (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

32.g
Packet Pg. 1389 Attachment: Attachment 7 - Resolution No. 2022-37 - Amendment No. 3 (8971 : Amendment No. 4 to Agreement with Tetra Tech (Ward 1))

Page 1 ends

Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 15, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Daniel Hernandez, Director of Public Works
Subject: Adopt Ordinance MC-1581, Amending Ordinance MC-1522 - Annexation No. 14 (Ward 3)
Recommendation
Adopt Ordinance MC-1581 of the Mayor and City Council, of the City of San Bernardino, California, amending Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services).

Background
On June 5, 2019, the Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for July 17, 2019, for the issue of establishment of the community facilities district.

Discussion
On June 1, 2022, the Mayor and City Council introduced, read by title only, and waived further reading of Ordinance MC-1581. The Ordinance is now being returned to the Mayor and City Council for the final reading and adoption. The Ordinance will become effective 30 days from the date of adoption.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 1: Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
There is no fiscal impact associated with the recommended action of this item. All costs associated with annexing property into the District have been borne by the Property Owner. By annexing the subject property into the District, the costs of maintaining 33 Packet Pg. 1390
8994

Page 2 ends

improvements located within the development will be financed through special taxes levied on the parcels within CFD 2019-1 and not through the City’s General Fund.

Conclusion
Adopt Ordinance MC-1581 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services).

Attachments
Attachment 1 - Ordinance MC-1581(Ordinance Levying Special Taxes) Attachment 2 - Exhibit A - Description of Services
Attachment 3 - Exhibit B - Description of Territory
Attachment 4 - Project Location Map
Ward: 3
Synopsis of Previous Council Actions:

June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San
Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.”
July 17, 2019 Mayor and City Council adopted Resolution No. 2019-178 establishing Community Facilities District No. 2019-1;
Resolution No. 2019-179 declaring election results for
Community Facilities District No. 2019-1; and conducted the first reading of Ordinance MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of
maintenance, services and expenses with respect to
Community Facilities District No. 2019-1.

August 7, 2019 Mayor and City Council conducted the final reading of Ordinance MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance,
services and expenses with respect to Community Facilities District No. 2019-1.

April 6, 2022 Mayor and City Council adopted Resolution No. 2022-69, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), 33 Packet Pg. 1391
8994

Page 3 ends

pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.”
June 1, 2022 Mayor and City Council adopted Resolution No. 2022-104 calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1
(Annexation No. 14), and adopted Resolution No. 2022-105 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 14); and introduced Ordinance No. MC-1581 amending Ordinance MC-1522.
33 Packet Pg. 1392
Ordinance MC-1581
ORDINANCE NO. MC-1581

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING ORDINANCE NO. MC-1522 AND LEVYING

SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2022-2023 TO PAY THE ANNUAL COSTS OF THE

MAINTENANCE AND SERVICING OF LANDSCAPING,

LIGHTING, WATER QUALITY IMPROVEMENTS,

GRAFFITI, STREETS, STREET SWEEPING, PARKS AND

TRAIL MAINTENANCE, A RESERVE FUND FOR

CAPITAL REPLACEMENT, AND ADMINISTRATIVE

EXPENSES WITH RESPECT TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and
WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on June 1, 2022, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, authorized the levy of a special tax within the District, and called an election within the District on

33.a
Packet Pg. 1393 Attachment: Attachment 1 – Ordinance MC-1581 (Ordinance Levying Special Taxes) (8994 : Adopt Ordinance MC-1581, Amending Ordinance Ordinance MC-1581
the proposition of levying a special tax, and establishing an appropriations limit within the District; and
WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act.

THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:

SECTION 1. Findings. It is necessary that the City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the Community Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 2019-81, attached hereto and by this reference made a part hereof.

SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2022-2023, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.

SECTION 3. Transmittal to County. The City Clerk shall immediately following adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.

SECTION 4. Authorization to Publish Ordinance. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.

SECTION 5. Effective Date. This ordinance shall become effective thirty (30) days after its adoption.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____ day of _______, 2022.

John Valdivia, Mayor
City of San Bernardino

33.a
Packet Pg. 1394 Attachment: Attachment 1 – Ordinance MC-1581 (Ordinance Levying Special Taxes) (8994 : Adopt Ordinance MC-1581, Amending Ordinance Ordinance MC
-1581
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

33.a
Packet Pg. 1395 Attachment: Attachment 1 – Ordinance MC-1581 (Ordinance Levying Special Taxes) (8994 : Adopt Ordinance MC-1581, Amending Ordinance Ordinance MC-1581

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1581, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 1
st day of June, 2022. Ordinance No. MC-1581 was
approved, passed and adopted at a regular meeting held the ____ day of ______, 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk

33.a
Packet Pg. 1396 Attachment: Attachment 1 – Ordinance MC-1581 (Ordinance Levying Special Taxes) (8994 : Adopt Ordinance MC-1581, Amending Ordinance

EXHIBIT A

DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1.

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention.

The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.

33.b
Packet Pg. 1397 Attachment: Attachment 2 – Exhibit A – Description of Services (8994 : Adopt Ordinance MC-1581, Amending Ordinance MC-1522 - Annexation

EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2022-23
(Effective as of June 15, 2022)

ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98 0142-041-43 Cauffman Family Trust 5/4/11 0142-041-46
1 17329, LLC 0348-111-52, 0261-031-10, -11,
and 0261-062-11 thru -14
2 GWS #4 Development, LLC 0141-431-24
3 Devore Storage Facility, LLC 0266-041-39
4 TH Rancho Palma, LLC 0261-181-16, -17
5 Strata Palma, LLC 0261-182-41
6 San Bernardino Medical Center, LLC 0147-114-01
7 ICO Fund VI, LLC 0281-161-48
8 TR 2600 Cajon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-02 thru -09, -20, -21 10 Lankershim Industrial, LP 1192-311-01
11 Prologis, LP
0137-011-01, -31, 0137-051-27
(Por.), 0137-052-46, 0274-011-11,
-12, -34, -35, -42, -43
12 Dreamland Real Estate Holdings 0281-061-35
13 Magic Laundry Services, Inc. 0141-282-05 and -06
14 Ahmad Family Trust 0136-191-21

33.c
Packet Pg. 1398 Attachment: Attachment 3 – Exhibit B – Description of Territory (8994 : Adopt Ordinance MC-1581, Amending Ordinance MC-1522 - Annexation

PROJECT MAP
CFD NO. 2019-1 (MAINTENANCE SERVICES)
TAX ZONE 15

33.d
Packet Pg. 1399
Attachment: Attachment 4 – Project Location Map (8994 : Adopt Ordinance MC-1581, Amending

Page 1 ends

Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 15, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Daniel Hernandez, Director of Public Works
Subject: Resolution Declaring Intent to Annex Territory: CFD No. 2019- 1: Annexation No. 18 (Ward 7)
Recommendation
Adopt Resolution No. 2022-131 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 18) and authorizing the levy of a special taxes therein.

Background
On June 5, 2019, the Mayor and City Council approved Resolution No. 2019-81 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the "CFD No. 2019-1" or "District") for the purpose of levying special taxes on parcels of taxable property to provide certain services which are necessary to meet increased demands placed upon the City.

Discussion
On July 17, 2019, the Mayor and City Council adopted Resolution No. 2019-178, establishing CFD No. 2019-1 pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (“Act”). CFD No. 2019-1 allows for the levy of special taxes on parcels of taxable property for the purpose of providing certain services which are necessary to meet increased demands placed by development upon the City.

Development projects are subject to conditions of approval that require projects to form/annex a maintenance district. These districts apply an annual fee or special tax upon properties within the District which provide the revenue to offset the cost of maintenance of the public improvements necessary to serve the development. The Developer has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act. To that end, the Developer has submitted a "Consent and Waiver" form, which is on file in the City Clerk's office that authorizes the City to (1) hold the election and declare election results; (2) shorten election time requirements; (3) waive analysis and arguments; and (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing.
34 Packet Pg. 1400
9000

Page 2 ends

The public facilities and services proposed to be financed within the territory to be annexed to the District are the following:

1. Maintenance of streets, including pavement management, and provide street sweeping; and

2. Maintenance of Parks; and

3. Graffiti abatement; and

4. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds.

The proposed development includes approximately 1.05 gross acres of a zoned residential lot. The property is located at the east side of N. Meridian Avenue and west side of N. Marvin Drive, between W. 5th and 6th Street. At build out this development will include six detached single family residential properties as a new Tax Zone No. 19 within CFD No. 2019-1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. In order to annex into CFD No. 2019-1, a Resolution of Intention to annex property must be approved to identify the facilities to be maintained and establish the maximum special tax for this Tax Zone. The Resolution of Intention shall also set the date and time for the public hearing.

The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone No. 19), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $588 per unit for FY 2022/23.

In order to annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below:
· Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1, including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area). · Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. · Resolution declaring the results of the election and directing the recording of the notice of special tax lien.
· Amend the Ordinance and order the levy and collection of special taxes in the District.

With the adoption of the Resolution of Intention, the Public Hearing would be scheduled 34 Packet Pg. 1401
9000

Page 3 ends

for August 3, 2022.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
The individual property owners in the CFD will be responsible for annual payments of special taxes. Upon full completion of the development, it is estimated that there will be an annual collection of special tax revenues of approximately $3,526 to be used to pay for maintenance costs.

On March 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD will be subject to the special tax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD.

All costs associated with annexation into the CFD have been borne by the Developer.

By annexing into the CFD, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD No. 2019-1 and not through the City’s General Fund.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-131, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 18) and authorizing the levy of a special taxes therein.

Attachments
Attachment 1 Resolution No. 2022-131
Attachment 2 Description of Territory
Attachment 3 Description of Services
Attachment 4 Rate and Method of Apportionment
Attachment 5 Boundary Maps
Attachment 6 Petition
Attachment 7 Notice of Public Hearing
Attachment 8 Special Election Ballot
Attachment 9 Project Map
Attachment 10 Maintenance Exhibit
Ward: 7
34 Packet Pg. 1402
9000

Page 4 ends

Synopsis of Previous Council Actions:

July 17, 2019 Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for
Community Facilities District No. 2019-1; and first reading of Ordinance No. MC-1522 levying special taxes to be
collected during FY 2019-20 to pay annual costs of
maintenance, services and expenses with respect to
Community Facilities District No. 2019-1.

August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to
Community Facilities District No. 2019-1.
34 Packet Pg. 1403
Resolution No. 2022-131
Resolution 2022-131
June 15, 2022

Page 1 of 4 ends

RESOLUTION NO. 2022-131

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

DECLARING ITS INTENTION TO ANNEX TERRITORY
INTO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES) OF THE CITY OF SAN

BERNARDINO, ADOPTING A MAP OF THE AREA TO BE
PROPOSED (ANNEXATION NO. 18) AND AUTHORIZING

THE LEVY OF A SPECIAL TAXES THEREIN
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on June 5, 2019, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”) approved Resolution No. 2019-081 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California, defined the "CFD No. 2019-1", for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City; and
WHEREAS, the Mayor and City Council has received a written instrument from the landowner in the CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, to annex territory to CFD No. 2019-1 and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and
WHEREAS, the Mayor and City Council has been advised that certain property owners have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD No. 2019-1, that a rate and method of apportionment of the special tax to be levied therein be established.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. Intent to Annex. The Mayor and City Council hereby declares that it proposes and intends to conduct proceedings pursuant to Article 3.5 for the annexation to the Community Facilities District of the territory described in Exhibit A attached hereto. The Mayor and City Council determines that the public convenience and necessity require that such territory be annexed to the Community Facilities District.

SECTION 2. Name of the Community Facilities District. The name of the existing community facilities district is known as “Community Facilities District No. 2019-1 (Maintenance Services)”.

SECTION 3. Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed are included within the boundaries within which property may annex to CFD No. 2019-1 and are more particularly described and shown on that certain map

34.a
Packet Pg. 1404 Attachment: Attachment 1 – Resolution No. 2022-131 Declaring Intent to Annex Territory: CFD No. 2019-1: Annexation No. 18 (9000 : Resolution Resolution No. 2022-131
Resolution 2022-131
June 15, 2022

Page 2 of 4 ends

entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 18, Community Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D.

SECTION 4. Description of Authorized Services. The services proposed to be financed by CFD No. 2019-1 (the “Services”) are described in Exhibit B attached hereto. The cost of providing the Services includes “incidental expenses,” which include costs associated of CFD No. 2019-1, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2019-1. The Services authorized to be financed by CFD No. 2019-1 are in addition to those currently provided in the territory of CFD No. 2019-1 and do not supplant services already available within that territory.

SECTION 5. Levy of Special Taxes. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including incidental expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually within CFD No. 2019-1. The Rate and Method of Apportionment, and manner of collection of the special tax are specified in Exhibit C.

SECTION 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the Mayor and City Council adopts the Annexation Map as the map of the area proposed to be annexed to the CFD No. 2019-1. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation map in her office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days prior to the date of the hearing specified in Section 7 hereof.

SECTION 7. Public Hearing. The Mayor and City Council hereby fixes 7:00 p.m., or as soon thereafter as practicable, on Wednesday, August 3, 2022, at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, as the time and place when and where the Mayor and City Council will conduct a public hearing on the proposed annexation of the said territory to the CFD No. 2019-1.

SECTION 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2019-

1. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of the Act.

34.a
Packet Pg. 1405 Attachment: Attachment 1 – Resolution No. 2022-131 Declaring Intent to Annex Territory: CFD No. 2019-1: Annexation No. 18 (9000 : Resolution Resolution No. 2022-131
Resolution 2022-131
June 15, 2022

Page 3 of 4 ends

SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday August 3, 2022 to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the Mayor and City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot in substantially the form set forth in Exhibit G hereto. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference.

SECTION 10. That the Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 12. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 15th day of June 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

34.a
Packet Pg. 1406 Attachment: Attachment 1 – Resolution No. 2022-131 Declaring Intent to Annex Territory: CFD No. 2019-1: Annexation No. 18 (9000 : Resolution Resolution No. 2022-131
Resolution 2022-131
June 15, 2022

Page 4 of 4 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-131, adopted at a regular meeting held on the _ __ day of _____ __ 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk

34.a
Packet Pg. 1407 Attachment: Attachment 1 – Resolution No. 2022-131 Declaring Intent to Annex Territory: CFD No. 2019-1: Annexation No. 18 (9000 : Resolution

EXHIBIT A

DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 18 is currently comprised of one (1) parcel, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APN).

APN Owner Name
0142-325-04 RGC Family Trust

34.b
Packet Pg. 1408 Attachment: Attachment 2 – Exhibit A: Description of Territory (9000 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1:

EXHIBIT B

34.c
Packet Pg. 1409 Attachment: Attachment 3 – Exhibit B: Description of Services (9000 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1:

EXHIBIT C
City of San Bernardino 1
Community Facilities District No. 2019‐1 (Maintenance Services)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)

OF THE CITY OF SAN BERNARDINO
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2019‐1 (Maintenance Services) (the “CFD No. 2019‐1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2019‐1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2019‐1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.

A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2019‐1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the coststo the City, CFD No. 2019‐1, or any designee thereof associated with fulfilling the CFD No. 2019‐1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019‐1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019‐1 for any other administrative purposes of CFD No. 2019‐1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of San Bernardino, or his or her designee. “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.

34.d
Packet Pg. 1410 Attachment: Attachment 4 – Exhibit C: Rate and Method of Apportionment (9000 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino 2
Community Facilities District No. 2019‐1 (Maintenance Services) “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non‐Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD” or “CFD No. 2019‐1” means the City of San Bernardino Community Facilities District No. 2019‐ 1 (Maintenance Services).
“City” means the City of San Bernardino.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. “County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 etseq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019‐1.

34.d
Packet Pg. 1411 Attachment: Attachment 4 – Exhibit C: Rate and Method of Apportionment (9000 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino 3
Community Facilities District No. 2019‐1 (Maintenance Services) “Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019‐1.
“Multi‐Family Residential Property” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit.
“Non‐Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non‐residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non‐Residential Property. “Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “Service(s)” means services permitted under the Mello‐Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2019‐1 as set forth in the documents adopted by the City Council at the time the CFD was formed. “Single Family Residential Property” means any residential property other than Multi‐Family Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019‐1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.

34.d
Packet Pg. 1412 Attachment: Attachment 4 – Exhibit C: Rate and Method of Apportionment (9000 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino 4
Community Facilities District No. 2019‐1 (Maintenance Services) “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2019‐1, which are not Exempt Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2019‐1 at formation; additional Tax Zones may be created when property is annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.

B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019‐1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non‐Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi‐Family Residential Property and the number of Residential Units shall be determined by the Administrator.

C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. For Parcels of undeveloped property zoned for development of single family attached or multi‐family units, the number of Residential Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single family attached or multi‐family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.

For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non‐Residential Property, all such Assessor’s

34.d
Packet Pg. 1413 Attachment: Attachment 4 – Exhibit C: Rate and Method of Apportionment (9000 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino 5
Community Facilities District No. 2019‐1 (Maintenance Services) Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs.

1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2019‐2020 within Tax Zone 1 isidentified in Table 1 below:

TABLE 1

MAXIMUM SPECIAL TAX A RATES

DEVELOPED PROPERTY
Tax
Zone  Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential Property RU $961
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category.  The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel.  For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel.  The Administrator's allocation to each type of property shall be final.
b.   Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved  Property shall be specific to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A.  The Maximum Special Tax A for Approved property Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 2 below:

34.d
Packet Pg. 1414 Attachment: Attachment 4 – Exhibit C: Rate and Method of Apportionment (9000 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino 6
Community Facilities District No. 2019‐1 (Maintenance Services) TABLE 2

MAXIMUM SPECIAL TAX A RATES

APPROVED PROPERTY
Tax
Zone  Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential RU $961
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c.   Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A.  The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 3 below:

TABLE 3

MAXIMUM SPECIAL TAX A RATES

UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council. a. Developed Property
(i) Maximum Special Tax B (Contingent)

34.d
Packet Pg. 1415 Attachment: Attachment 4 – Exhibit C: Rate and Method of Apportionment (9000 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino 7
Community Facilities District No. 2019‐1 (Maintenance Services) The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 4 below:

TABLE 4

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

DEVELOPED PROPERTY
Tax
Zone  Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
(ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category.   The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel.  For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel.   The Administrator's allocation to each type of property shall be final. b.   Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 5 and shall be specific to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified in Table 5 below:

TABLE 5

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for

34.d
Packet Pg. 1416 Attachment: Attachment 4 – Exhibit C: Rate and Method of Apportionment (9000 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino 8
Community Facilities District No. 2019‐1 (Maintenance Services) Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified in Table 6 below:

TABLE 6

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

UNDEVELOPED PROPERTY
Tax Zone
Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Acre $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

1. Special Tax A
Commencing with Fiscal Year 2019‐20 and for each following Fiscal Year, the Council shall determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:

First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax A Requirement for such Tax Zone;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax A for Undeveloped Property.

2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of

34.d
Packet Pg. 1417 Attachment: Attachment 4 – Exhibit C: Rate and Method of Apportionment (9000 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino 9
Community Facilities District No. 2019‐1 (Maintenance Services) Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows:

First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Contingent Special Tax B Requirement;
Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property.

E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2019‐1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone when annexed and included in Appendix A.

F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.

For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided.

G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2019‐1, any Assessor’s Parcels; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public or utility easements making impractical their utilization for other than the purposesset forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which is in use in the performance of a public function as determined by the Administrator.

H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019‐1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).

34.d
Packet Pg. 1418 Attachment: Attachment 4 – Exhibit C: Rate and Method of Apportionment (9000 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino 10
Community Facilities District No. 2019‐1 (Maintenance Services)

I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2019‐1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.

34.d
Packet Pg. 1419 Attachment: Attachment 4 – Exhibit C: Rate and Method of Apportionment (9000 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino 11
Community Facilities District No. 2019‐1 (Maintenance Services)

APPENDIX A

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)

COST ESTIMATE
Special Tax A Services ‐ The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2022‐23. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2019‐1.

TAX ZONE 19
TR 20258
Item Description Estimated Cost
1 Streets $1,663
2 Parks $780
3 Graffiti $33
4 Reserves $50
5 Admin $1,000
Total $3,526
Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019‐1. However, additional Tax Zones may have Special Tax B Contingent Services being provided.

TAX ZONE 19
FY 2022‐23 MAXIMUM SPECIAL TAX RATES

DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Single‐Family Residential RU $588 $0
Multi‐Family Residential RU $588 $0
Non‐Residential Property Acre $3,371 $0
TAX ZONE 19
FY 2022‐23 MAXIMUM SPECIAL TAX RATES

UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $3,371 $0

34.d
Packet Pg. 1420 Attachment: Attachment 4 – Exhibit C: Rate and Method of Apportionment (9000 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino 12
Community Facilities District No. 2019‐1 (Maintenance Services)

TAX ZONE SUMMARY
Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B Subdivider
Original 1 17170 2019‐20 $961 / RU $0 / RU Santiago Communities, Inc. 1 2 17329 2019‐20 $473 / RU $0 / RU JEC Enterprises, Inc. 2 3 PM 19814 2020‐21 $608 / Acre $0 / Acre GWS #4 Development, LLC 3 4 0266‐041‐39 2019‐20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC 4 5 TR 20006 2020‐21 $344 / RU $57 / RU TH Rancho Palma, LLC 5 6 PM 19701 2020‐21 $1,895 / Acre $528 / Acre Strata Palma, LLC 6 7 PM 20112 2020‐21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC
7 8 TR 20293 2021‐22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC 8 9 LM 2019‐021 2021‐22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC 9 10 TR 20189 2021‐22 $490 / Acre $154 / Acre Central Commerce Center, LLC 10 11 LD 1900086 2021‐22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC 11 12 TR 20305 2022‐23 $175 / Acre $0 / Acre Prologis, LP 12 13 LLA 2020‐004 2022‐23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings 13 14 TR 5907 2022‐23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc. 14 15 0136‐191‐21 2022‐23 $5,277 / Acre $0 / Acre Ahmad Family Trust 15 16 TR 20216 2022‐23 $7,089 / Acre $0 / Acre Gateway SB, LLC 16 17 TR 20145 2022‐23 $646 / RU $0 / RU RCH‐CWI Belmont, LP 17 18 CUP 20‐07 2022‐23 $7,433 / Acre $0 / Acre George A. Pearson 18 19 TR 20258 2022‐23 $588 / RU $0 / RU RGC Family Trust 19 20 LM 21‐10 2022‐23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC 20 21 LM 22‐04 2022‐23 $6,397 / Acre $0 / Acre 108 Highland, LP 21 To Be Determined
22 23 TR 4592 2022‐23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC 23 24 LLA 2020‐005 2022‐23 $1,385 / Acre $978 / Acre Vone SB, LLC

ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

34.d
Packet Pg. 1421 Attachment: Attachment 4 – Exhibit C: Rate and Method of Apportionment (9000 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino 13
Community Facilities District No. 2019‐1 (Maintenance Services)

APPENDIX B

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)

DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019‐1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right‐of‐ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways,streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right‐of‐way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019‐1; as well as local roads within residential subdivisions located within CFD No. 2019‐1; and any portions adjacent to the properties within CFD No. 2019‐1; and In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.

The above services shall be limited to those provided within the boundaries of CFD No. 2019‐1 or for the benefit of the properties within the boundaries of CFD No. 2019‐1, asthe boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019‐1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019‐1 before CFD No. 2019‐1 was created.

34.d
Packet Pg. 1422 Attachment: Attachment 4 – Exhibit C: Rate and Method of Apportionment (9000 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino 14
Community Facilities District No. 2019‐1 (Maintenance Services)

APPENDIX C

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)

PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES

34.d
Packet Pg. 1423 Attachment: Attachment 4 – Exhibit C: Rate and Method of Apportionment (9000 : Resolution Declaring Intent to Annex Territory: CFD No.

MARVIN D
R

SIXTH ST
MERIDIAN AVE 0142-325-04
ANNEXATION MAP NO. 18
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES)CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
SHEET 1 OF 1 SHEET
THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BEANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1(MAINTENANCE SERVICES), OF THE CITY OF SANBERNARDINO, COUNTY OF SAN BERNARDINO, STATE OFCALIFORNIA. THE BOUNDARIES OF WHICH COMMUNITY FACILITIESDISTRICT ARE SHOWN AND DESCRIBED ON THE MAPTHEREOF WHICH WAS PREVIOUSLY RECORDED ONJUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENTAND COMMUNITY FACILITIES DISTRICT AT PAGE 32 ANDAS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THECOUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA. I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1(MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WASAPPROVED BY THE CITY COUNCIL OF THE CITY OF SANBERNARDINO AT A REGULAR MEETING THEREOF, HELDON THE ____ DAY OF ____________________, 20 ____. BY ITS RESOLUTION NO. ____________________ _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF________, 20 ____. _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO CFD 2019-1
TAX ZONE 19 ^_
·|þ}210
§¨¦215
£¤66
§¨¦10
THIS ANNEXATION MAP CORRECTY SHOWS THE LOT ORPARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OFTHE COMMUNITY FACILITIES DISTRICT. FOR DETAILSCONCERNING THE LINES AND DIMENSIONS OF LOTS ORPARCEL REFER TO THE COUNTY ASSESSOR MAPS FORFISCAL YEAR 2022-23. - THIS MAP WAS FILED UNDER DOCUMENT NUMBER_____________, THIS ____ DAY OF _______, 20 ____, AT_____ M. IN BOOK ___ OF __________ AT PAGE ____, ATTHE REQUEST OF _____________________________IN THE AMOUNT OF $_________ BOB DUTTONASSESSOR-RECORDER SAN BERNARDINO COUNTY BY:________________________________

DEPUTY RECORDER

SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE
LEGEND

ANNEXATION AREA BOUNDARYPARCEL LINECITY BOUNDARY

XXXX-XXX-XX ASSESSOR PARCEL NUMBER (APN)
19 TAX ZONE
19 EXHIBIT D 34.e
Packet Pg. 1424
Attachment: Attachment 5 – Exhibit D: Boundary Maps (9000 : Resolution Declaring Intent to Annex

34.e
Packet Pg. 1425
Attachment: Attachment 5 – Exhibit D: Boundary Maps (9000 : Resolution Declaring Intent to Annex

EXHIBIT E

34.f
Packet Pg. 1426 Attachment: Attachment 6 – Exhibit E: Signed Petition and Waiver (9000 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1:

34.f
Packet Pg. 1427 Attachment: Attachment 6 – Exhibit E: Signed Petition and Waiver (9000 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1:

34.f
Packet Pg. 1428 Attachment: Attachment 6 – Exhibit E: Signed Petition and Waiver (9000 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1:

34.f
Packet Pg. 1429 Attachment: Attachment 6 – Exhibit E: Signed Petition and Waiver (9000 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1:

34.f
Packet Pg. 1430 Attachment: Attachment 6 – Exhibit E: Signed Petition and Waiver (9000 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1:

EXHIBIT F

NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 18)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on June 15, 2022 adopted its Resolution No. 2022-___, in which it declared its intention to annex territory to existing Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed.

NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as practicable, Wednesday, August 3, 2022 at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2019-1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the August 3, 2022 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F.

Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92418. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002.

DATED: ____________, 2022 _________________________________________ City Clerk of the City of San Bernardino
PUB: _______________, 2022

34.g
Packet Pg. 1431 Attachment: Attachment 7 – Exhibit F: Notice of Public Hearing (9000 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1:

EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 18
(August 3, 2022)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino:

Name of Landowner Number of Acres Owned Total Votes
RGC Family Trust 1.05 2
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:

Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than July 20, 2022, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on August 3, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on August 3, 2022.

Very truly yours,
Genoveva Rocha, CMC, City Clerk

34.h
Packet Pg. 1432 Attachment: Attachment 8 – Exhibit G: Special Election Ballot (9000 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1:

TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):

RGC Family Trust
Attn: Roger Chi
117 W. Las Flores Ave.

Arcadia, CA 91007
0142-325-04

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:

Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on June 15, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 18 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected?
YES _________

NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.

RGC Family Trust
By. Roger Chi
Owner

Signature
Print Name
Title

34.h
Packet Pg. 1433 Attachment: Attachment 8 – Exhibit G: Special Election Ballot (9000 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1:

PROJECT MAP
CFD NO. 2019-1 (MAINTENANCE SERVICES)
TAX ZONE 19

34.i
Packet Pg. 1434
Attachment: Attachment 9 – Project Map (9000 : Resolution Declaring Intent to Annex Territory: CFD No.

34.j
Packet Pg. 1435
Attachment: Attachment 10 – Maintenance Exhibit (9000 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1: Annexation No. 18

34.j
Packet Pg. 1436
Attachment: Attachment 10 – Maintenance Exhibit (9000 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1: Annexation No. 18

Page 1 ends

Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 15, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Daniel Hernandez, Director of Public Works
Subject: Issuance of PO to Phoenix Contracting for Animal Service 34Ft Mobile Spay/Neuter Vehicle (All Wards)
Recommendation
Adopt Resolution No. 2022-132 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue a purchase order to Phoenix contracting in the amount not-to-exceed $600,000 to purchase one 34-foot mobile spay/neuter vehicle; and authorize the Director of Finance to appropriate $600,000 from the grant fund to the Animal Services motor vehicle expense account to cover cost of mobile 34-foot spay/neuter vehicle.

Background
On December 15, 2021, Mayor and City Council adopted Resolution No. 2021-305 accepting a grant from the San Manuel Band of Mission Indians in an amount of $2,220,220 of which $1,100,000 of the grant was designated for a Mobile Veterinary Clinic.

Discussion
The addition of a Mobile Veterinary Clinic will assist the Animal Services Department in better serving the community’s needs by providing convenient access to residents who otherwise may not have access to traditional Veterinary services. The Department would also have the ability to deploy the Mobile unit at community-based events, community centers, and other locations throughout the city, to perform spaying, neutering, vaccinations, and micro-chipping services.

On April 18, 2022, the Finance Department began advertising a Request for Qualifications (RFQ) for a Mobile Veterinary Clinic on Planet Bids the City's procurement website. The RFQ remained open until May 9, 2022. During this four week process, the Finance department only received one proposal which was submitted by Phoenix Contracting. A selection committee consisting of City staff evaluated the proposal along with the City's purchasing department, and determined that Phoenix Contracting was the lowest most responsive and responsible bidder. Staff recommends the Mayor and City Council approve a purchase order in an amount not-to-exceed $600,000 for one 34-foot mobile spay/neuter vehicle.
35 Packet Pg. 1437
9008

Page 2 ends

2021-2025 Strategic Targets and Goals
The purchase of this 34-foot spay/neuter vehicle aligns with Key Target No. 1: Improved Operational and Financial Stability. The purchase of the vehicle will allow the Animal Services Department to expand its reach into the community. The Department will be able to deploy the Mobile unit to community events where they can educate residents on proper animal care, and conduct pet licensing and pet sterilization services.

Fiscal Impact
There is no fiscal impact to the General Fund as the funding is associated with grant funding from San Manuel Band of Mission Indians.

Conclusion
Adopt Resolution No. 2022-132 of the Mayor and City Council of the City of San Bernardino, CA authorizing the Director of Finance to issue a purchase order to Phoenix contracting in the amount not-to-exceed $600,000 to purchase one 34-foot mobile spay/neuter vehicle; and authorize the Director of Finance to appropriate $600,000 from the grant fund to the Animal Services motor vehicle expense account to cover cost of mobile 34-foot spay/neuter vehicle.

Attachments
Attachment 1 Resolution No. 2022-132
Attachment 2 RFQ F-22-47
Ward: All
Synopsis of Previous Council Actions:

December 15, 2021 Mayor and City Council adopted Resolution No. 2021-305 accepting a grant from the San Manuel Band of Mission
Indians in the amount of $2,220,220 and $1,100,000 of the grant was designated for a Mobile Veterinary Clinic.
35 Packet Pg. 1438
Resolution No. 2022-132
Resolution 2022-132
June 15, 2022

Page 1 of 3 ends

RESOLUTION NO. 2022-132

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE DIRECTOR OF FINANCE TO ISSUE

A PURCHASE ORDER TO PHOENIX CONTRACTING IN
THE AMOUNT NOT TO EXCEED $600,000 TO PURCHASE
ONE 34-FOOT MOBILE SPAY/NEUTER VEHICLE AND
APPROPRIATE $600,000 FROM GRANT FUND TO THE

ANIMAL SERVICES MOTOR VEHICLE EXPENSE
ACCOUNT TO COVER COST OF MOBILE 34-FOOT
SPAY/NEUTER VEHICLE.

WHEREAS, the availability of reliable equipment and new technology are critical for the Department to respond to public request for spay and neuter services: and WHEREAS, Phoenix Contracting was selected as the lowest bidder for one 34-foot mobile spay/neuter vehicle through formal bid RFQ F-22-47.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The Mayor and City Council hereby authorize the Director of Finance to issue a purchase order to Phoenix Contracting in the amount not to exceed $600,000 for one 34- foot mobile spay/neuter vehicle.

SECTION 3. The Mayor and City Council hereby authorize the Director of Finance to appropriate funds in the amount not to exceed $600,000 from the San Manuel Band of Mission Indians grant fund to the Animal Services Motor Vehicle account.

SECTION 4. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 6. Effective Date. This Resolution shall become effective immediately.

35.a
Packet Pg. 1439 Attachment: Attachment 1 - Resolution No. 2022-132 Issuance of PO to Phoenix Contracting for Animal Service 34Ft Mobile Spay/Neuter Vehicle Resolution No. 2022-132
Resolution 2022-132
June 15, 2022

Page 2 of 3 ends

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 15th day of June 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

35.a
Packet Pg. 1440 Attachment: Attachment 1 - Resolution No. 2022-132 Issuance of PO to Phoenix Contracting for Animal Service 34Ft Mobile Spay/Neuter Vehicle Resolution No. 2022-132
Resolution 2022-132
June 15, 2022

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-132, adopted at a regular meeting held on the 15th day of June 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk

35.a
Packet Pg. 1441 Attachment: Attachment 1 - Resolution No. 2022-132 Issuance of PO to Phoenix Contracting for Animal Service 34Ft Mobile Spay/Neuter Vehicle

35.b
Packet Pg. 1442 Attachment: Attachment 2 - RFQ F-22-47 (9008 : Issuance of PO to Phoenix Contracting for Animal Service 34Ft Mobile Spay/Neuter Vehicle (All

35.b
Packet Pg. 1443 Attachment: Attachment 2 - RFQ F-22-47 (9008 : Issuance of PO to Phoenix Contracting for Animal Service 34Ft Mobile Spay/Neuter Vehicle (All

35.b
Packet Pg. 1444 Attachment: Attachment 2 - RFQ F-22-47 (9008 : Issuance of PO to Phoenix Contracting for Animal Service 34Ft Mobile Spay/Neuter Vehicle (All

35.b
Packet Pg. 1445 Attachment: Attachment 2 - RFQ F-22-47 (9008 : Issuance of PO to Phoenix Contracting for Animal Service 34Ft Mobile Spay/Neuter Vehicle (All

35.b
Packet Pg. 1446 Attachment: Attachment 2 - RFQ F-22-47 (9008 : Issuance of PO to Phoenix Contracting for Animal Service 34Ft Mobile Spay/Neuter Vehicle (All

35.b
Packet Pg. 1447 Attachment: Attachment 2 - RFQ F-22-47 (9008 : Issuance of PO to Phoenix Contracting for Animal Service 34Ft Mobile Spay/Neuter Vehicle (All

35.b
Packet Pg. 1448 Attachment: Attachment 2 - RFQ F-22-47 (9008 : Issuance of PO to Phoenix Contracting for Animal Service 34Ft Mobile Spay/Neuter Vehicle (All

35.b
Packet Pg. 1449 Attachment: Attachment 2 - RFQ F-22-47 (9008 : Issuance of PO to Phoenix Contracting for Animal Service 34Ft Mobile Spay/Neuter Vehicle (All

35.b
Packet Pg. 1450 Attachment: Attachment 2 - RFQ F-22-47 (9008 : Issuance of PO to Phoenix Contracting for Animal Service 34Ft Mobile Spay/Neuter Vehicle (All

35.b
Packet Pg. 1451 Attachment: Attachment 2 - RFQ F-22-47 (9008 : Issuance of PO to Phoenix Contracting for Animal Service 34Ft Mobile Spay/Neuter Vehicle (All

35.b
Packet Pg. 1452 Attachment: Attachment 2 - RFQ F-22-47 (9008 : Issuance of PO to Phoenix Contracting for Animal Service 34Ft Mobile Spay/Neuter Vehicle (All

35.b
Packet Pg. 1453 Attachment: Attachment 2 - RFQ F-22-47 (9008 : Issuance of PO to Phoenix Contracting for Animal Service 34Ft Mobile Spay/Neuter Vehicle (All

35.b
Packet Pg. 1454 Attachment: Attachment 2 - RFQ F-22-47 (9008 : Issuance of PO to Phoenix Contracting for Animal Service 34Ft Mobile Spay/Neuter Vehicle (All

35.b
Packet Pg. 1455 Attachment: Attachment 2 - RFQ F-22-47 (9008 : Issuance of PO to Phoenix Contracting for Animal Service 34Ft Mobile Spay/Neuter Vehicle (All

35.b
Packet Pg. 1456 Attachment: Attachment 2 - RFQ F-22-47 (9008 : Issuance of PO to Phoenix Contracting for Animal Service 34Ft Mobile Spay/Neuter Vehicle (All

35.b
Packet Pg. 1457 Attachment: Attachment 2 - RFQ F-22-47 (9008 : Issuance of PO to Phoenix Contracting for Animal Service 34Ft Mobile Spay/Neuter Vehicle (All

35.b
Packet Pg. 1458 Attachment: Attachment 2 - RFQ F-22-47 (9008 : Issuance of PO to Phoenix Contracting for Animal Service 34Ft Mobile Spay/Neuter Vehicle (All

35.b
Packet Pg. 1459 Attachment: Attachment 2 - RFQ F-22-47 (9008 : Issuance of PO to Phoenix Contracting for Animal Service 34Ft Mobile Spay/Neuter Vehicle (All

35.b
Packet Pg. 1460 Attachment: Attachment 2 - RFQ F-22-47 (9008 : Issuance of PO to Phoenix Contracting for Animal Service 34Ft Mobile Spay/Neuter Vehicle (All

35.b
Packet Pg. 1461 Attachment: Attachment 2 - RFQ F-22-47 (9008 : Issuance of PO to Phoenix Contracting for Animal Service 34Ft Mobile Spay/Neuter Vehicle (All

35.b
Packet Pg. 1462 Attachment: Attachment 2 - RFQ F-22-47 (9008 : Issuance of PO to Phoenix Contracting for Animal Service 34Ft Mobile Spay/Neuter Vehicle (All

Page 1 ends

Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 15, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Alex Qishta, Deputy Director of Public Works/ City Engineer Subject: Revised Five-Year CIP for FY 2021/22 to FY 2025/26 Measure I Local Expend. (All Wards)
Recommendation
Adopt Resolution No. 2022-133 of the Mayor and City Council of the City of San Bernardino, California, approving the Revised Measure I Five-Year Capital Improvement Plan for Fiscal Year 2021/22 through Fiscal Year 2025/26 and Measure I Expenditure Strategy.
36 Packet Pg. 1463
9015

Page 2 ends

Background
In November 1989, voters approved Measure I authorizing the San Bernardino County Transportation Authority (SBCTA) to impose a one-half of one percent retail transaction and use-tax. This tax was applicable throughout the County for a period of 20 years beginning April 1, 1990, and extending to March 31, 2010, and is commonly known as the 1/2-Cent Sales and Road Tax (Measure 1). In November 2004, voters approved an extension of the 1/2-cent sales tax for an additional 30 years from April 1, 2010, through March 31, 2040. To distinguish the two programs, they are being referenced as Measure I 1990-2010 and Measure I 2010-2040.

On July 21, 2021, the Mayor and City Council adopted Resolution No. 2021-182 approving a Five-Year Capital Improvement Program (FY2021-2022) for Measure I (MICIP). This program identified the projects, estimated Measure I expenditures, and provided brief descriptions of projects and programs to be undertaken with the Measure I funding. Approval of the CIP program is an administrative requirement for both the original and subsequent voter approved measures.

Following approval of the MICIP in 2021, staff began initiating work on many of the projects. As projects have progressed, required funding has been revised based on project needs. Over the course of the fiscal year, a number of additional Measure I funded projects have been approved by the Mayor and City Council and added to the City's Capital Improvement Plan. Staff is now requesting to update the MICIP to accurately reflect the projects approved throughout the year. All revisions to the MICIP must also be approved by the Mayor and City Council prior to submission to SBCTA.

Discussion
City staff is recommending approval of the revised Five-Year Capital Improvement Program (FY 2021-2022) for Measure I (Attachment 2). The projects shown in the revised five years of the MICIP reflect the projects and the revised Capital Improvement Program budget. Only projects in the first year of the budget are actually funded in FY 2021/22. The City is projected to receive $4,362,735 in Measure I pass thru funds for FY 2021/22. Exhibit A reflects revisions to the allocation of Measure I funds within the City's Capital Improvement Budget.

The proposed projects were selected based upon need and importance to the City's roadway network and are consistent with the approved Capital Improvement Program and the Public Works Department Work Plan. Changes to the MICIP during the year are permitted, subject to approval of plan amendments authorized by resolution of the Mayor and City Council. SBCTA also requires the local agencies to provide an "Expenditure Strategy". Exhibit ‘B’ reflects a copy of the Expenditure Strategy Document for FY 2021/22. Staff is recommending approval of the revised Five-Year MICIP for FY 2021-2025.

2021-2025 Key Strategic Targets and Goals
The revision of the Measure I Five-year CIP is consistent with Key Target No 1d:

Improved Operational & Financial Capacity - Create a framework for spending decisions as it reflects the most current and highest priority need for use of Measure I Funds in 36 Packet Pg. 1464
9015

Page 3 ends

the current fiscal year.

Fiscal Impact
There is no fiscal impact associated with approval of this item. The projects listed in the revised Five-Year MICIP (FY 2021-2025) for Measure I Local Expenditures have previously been approved, and their respective funding sources identified, in the City's Capital Improvement Program.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-133 approving the Revised Measure I Five-Year Capital Improvement Plan for Fiscal Year 2021/22 through Fiscal Year 2025/26 and Measure I Expenditure Strategy.

Attachments
Attachment 1 Resolution 2022-133;
Attachment 2 Resolution 2022-133; Exhibit A - MICIP Report San Bernardino Attachment 3 Resolution 2022-133; Exhibit B - 5 Year CIP Measure I Expenditure Strategy
Wards: All
Synopsis of Previous Council Actions:

November 15, 2012 Resolution No. 2012-258 adopted the Five-Year Measure I Capital Improvement Program for FY 2012-2017.

October 21, 2013 Resolution No. 2013-296 adopted the Five-Year Measure I Capital Improvement Program for FY 2013-2018.

October 20, 2014 Resolution No. 2014-374 adopted the Five-Year Measure I Capital Improvement Program for FY 2014-2019.

December 7, 2015 Resolution No. 2015-273 adopted the Five-Year Measure I Capital Improvement Program for FY 2015-2020.

March 20, 2017 Resolution No. 2017-047 adopted the Five-Year Measure I Capital Improvement Program for FY 2016-2021.

February 7, 2018 Resolution No. 2018- 031adopted the Five-Year Measure I Capital Improvement Program for FY 2017-2022.

August 15, 2018 Resolution No. 2018- 235 adopted the Five-Year Measure I Capital Improvement Program for FY 2018-2023.

June 5, 2019 Resolution No. 2019- 083 adopted the Revised Five-Year Measure I Capital Improvement Program for FY 2018-2023. 36 Packet Pg. 1465
9015

Page 4 ends

July 17, 2019 Resolution No. 2019- 172 adopted the Five-Year Measure I Capital Improvement Program for FY 2019-2024.

June03, 2020 Resolution No. 2020-115 adopted the Revised Five-Year Measure I Capital Improvement Program for FY 2019-2024.

June 17, 2020 Resolution No. 2020- 143 adopted the Five-Year Measure I Capital Improvement Program for FY 2020-2025.

July 21, 2021 Resolution No. 2021- 182 adopted the Five-Year Measure I Capital Improvement Program for FY 2021-2026.
36 Packet Pg. 1466
Resolution No. 2022-133
Resolution 2022-133
June 15, 2022

Page 1 of 4 ends

RESOLUTION NO. 2022-133

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA

APPROVING THE REVISED MEASURE I FIVE-YEAR

CAPITAL IMPROVEMENT PLAN FOR FISCAL YEAR
2021/22 THROUGH FISCAL YEAR 2025/26 AND MEASURE

I EXPENDITURE STRATEGY
WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and
WHEREAS, Revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04- 01 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five-Year Capital Improvement Plan; and
WHEREAS, On July 21, 2021, the Mayor and City Council adopted Resolution No. 2021- 182 approving the Measure I Five Year Capital Improvement Plan (MICIP) for FY 2021/22 Thru FY 2025/26, Measure I Expenditure Strategy; and
WHEREAS, the City now wishes to revise the MICIP for FY2021/22 projects to reflect the current priority of use for Measure I funding.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The Mayor and City Council of the City of San Bernardino hereby approves the Revised Five-Year Capital Improvement Program (FY 2021-2026) for Measure I Local Expenditures (MICIP) attached hereto and incorporated herein as Exhibit ‘A’.

SECTION 3. The Mayor and City Council of the City of San Bernardino hereby approves the Expenditure Strategy attached hereto and incorporated herein as Exhibit ‘B’.

SECTION 4. As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project.

36.a
Packet Pg. 1467 Attachment: Attachment 1 - Resolution No. 2022-133 Revised Five-Year CIP for FY 2021/22 to FY 2025/26 Measure I Local Expend (9015 :

Resolution No. 2022-133
Resolution 2022-133
June 15, 2022

Page 2 of 4 ends

Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines;
(2) The proposed project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines because it involves the pavement rehabilitation. Additionally, the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
(3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because pavement rehabilitation does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and
(4) The determination of CEQA exemption reflects the independent judgment of the City Council.

SECTION 6. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 15
th day of June 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk

36.a
Packet Pg. 1468 Attachment: Attachment 1 - Resolution No. 2022-133 Revised Five-Year CIP for FY 2021/22 to FY 2025/26 Measure I Local Expend (9015 :

Resolution No. 202
2-133
Resolution 2022-133
June 15, 2022

Page 3 of 4 ends

Approved as to form:

Sonia Carvalho, City Attorney

36.a
Packet Pg. 1469 Attachment: Attachment 1 - Resolution No. 2022-133 Revised Five-Year CIP for FY 2021/22 to FY 2025/26 Measure I Local Expend (9015 :

Resolution No. 2022-133
Resolution 2022-133
June 15, 2022

Page 4 of 4 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-133, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk

36.a
Packet Pg. 1470 Attachment: Attachment 1 - Resolution No. 2022-133 Revised Five-Year CIP for FY 2021/22 to FY 2025/26 Measure I Local Expend (9015 :

Resolution Number:

Resolution Approval Date:

Contact Person/Title: Alex Qishta Measure I Local Pass-through Program San Bernardino, City of
Phone: (909) 384-5019
Email: [email protected] FIVE YEAR CAPITAL IMPROVEMENT PLAN (REVISED) 6/30/2021 Carry Over Balance $6,867,963.00 Fiscal Years 2021/2022 thru 2025/2026
Total Est. Rev.
$23,300,855.00
No No 0% 100% $850,000.00 $218,660.00 $631,340.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $850,000.00 No No 0% 100% $497,163.00 $497,163.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $497,163.00 Sierra Way Reconstruction between 3rd to
30th $2,500,000.00 $0.00 $2,500,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,500,000.00 Belleview Reconstruction from Mt. Vernon
to K Street $215,000.00 $0.00 $215,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $215,000.00 27th Street Rehabilitation from Little
Mountain Avenue to K Street $165,000.00 $0.00 $165,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $165,000.00 Temple Street Rehabilitation from Medical
Center Drive to end $165,000.00 $0.00 $165,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $165,000.00 Co-op with City of Loma Linda - Barton
Road Rehabilitation Project $35,500.00 $0.00 $35,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $35,500.00 Waterman Avenue and SR-210 off-ramp
expansion Project $400,000.00 $0.00 $400,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $400,000.00 Sterling Avenue Rehabilitation from Pacific Street to Highland Avenue No n 0% 100% $784,093.81 $695,989.87 $88,093.94 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $784,083.81 No No 0% 100% $7,500,000.00 $199,431.00 $47,269.00 $7,500,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $7,746,700.00 $5,414,311.00
$644,091.00 $770,220.00 $0.00 $1,000,000.00 $0.00 $1,000,000.00 $0.00 $1,000,000.00 $0.00 $1,000,000.00 $5,414,311.00 No No 0% 100% $84,400.00 $84,400.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $84,400.00 No No 0% 100% $490,000.00 $0.00 $490,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $490,000.00 Traffic Signal Light Upgrade - Mill and K and Mill and Arrowhead No No 0% 100% $828,022.71 $0.00 $828,022.71 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $828,022.71 $21,466.50
$0.00 $21,466.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $21,466.50 No No 0% 100% $2,039,582.00 $403,313.00 $385,940.00 $0.00 $749,272.00 $0.00 $501,057.00 $0.00 $0.00 $0.00 $0.00 $2,039,582.00 $2,743,047.87 $6,742,852.15 $0.00 $9,249,272.00 $0.00 $1,501,057.00 $0.00 $1,000,000.00 $0.00 $1000000.00 $22,236,229.02 No No $8,250,000.00 $1,650,000.00 $1,650,000.00 $1,650,000.00 $1,650,000.00 $1,650,000.00 $8,250,000.00 $1,650,000.00 $1,650,000.00 $1,650,000.00 $1,650,000.00 $1,650,000.00 $8,250,000.00

37.82% 36.39% 35.37% 34.37% 33.41%
Total Carryover Programming: $2,743,047.87
Total Estimated Programming: $27,743,181.15
Total Programming: $30,486,229.02
Total Programming is currently 87.07% (must not exceed 150%) of Carryover Balance + Total Est. Revenue. -4,124,915.13 Categorical Projects:

Electrical Charges for Street Lights and Traffic Signals Categorical Projects Total:
(%) Categorical Projects to FY Est. Revenue:
(%) Named Projects to FY Est. Revenue: 217.43% 203.99% 32.18% 20.83% 20.25% $9,485,900.02 $9,249,272.00 $1,501,057.00 $1,000,000.00 $1,000,000.00 $4,938,594.00
FY2021/22 Est. Revenue FY2024/25 Est. Revenue FY2024/25 Est. Revenue Named Projects Total:

Total Carryover + Estimate:

University Parkway & I-215 Improvements
Citywide Pavement Rehabilitation (Slurry / Crack Seal) at Auto Center Dr b/w Camino Real and Show Case Drive ,Auto Center Road b/w I-215 on Ramp and Fairway Drive, Fairway Dr b/w Auto Center Rd and Camino Real, Camino Real b/w Auto Center Rd and Fairway Dr, Showcase Dr North b/w Century Dr and Auto Center Rd, Show case Dr South b/w Century Dr and Auto Center Rd.

Arrowhead farm area Street Rehabilitation, 40th Street between Johnson Avenue and 3rd Avenue
Alabama Street Rehabilitation between 3rd Street and River Bluff Avenue Citywide Street Rehabilitation (Annual)-Industrial Road from Waterman Avenue to Steele Road,
Pepper Avenue Rehabilitation from Baseline Road to
Mill Street
Co-op with City of Redland for Mountain View Avenue Resurfacing from -10 Freeway to the Mission Zanja Channel
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Named Projects: Total
Co-op with City of Highland for Pacific Street from Buckeye Street to Boulder Avenue – Remove & Replace (SS19-00)
Current
Estimate
Carryover
Funds
Current
Estimate
Carryover
Funds
Current
Estimate
Carryover
Funds
Current
Estimate
Carryover
Funds
Estimated Total
Project Cost
FY2022/23 Est. Revenue
$4,800,005.00
Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
$4,534,259.00 $4,665,262.00
FY2023/24 Est. Revenue
$4,362,735.00
Current
Estimate
Carryover
Funds

36.b
Packet Pg. 1471 Attachment: Attachment 2 - Resolution No. 2022-133; Exhibit A - Revied MICIP Report [Revision 2] (9015 : Revised Five-Year CIP for FY 2021/22

36.b
Packet Pg. 1472 Attachment: Attachment 2 - Resolution No. 2022-133; Exhibit A - Revied MICIP Report [Revision 2] (9015 : Revised Five-Year CIP for FY 2021/22

CITY OF SAN BERNARDINO

MEASURE I CAPITAL IMPROVEMENT PLAN

EXPENDITURE STRATEGY
Fiscal Year 2021/2022 to 2025/2026
The City of San Bernardino will continue to place emphasis on both its regional and sub-regional arterial roadway system. At least fifty percent of the City's Measure I allocation will be earmarked for specific capital projects that are geared toward improving traffic flow and motorist convenience. Failing pavement surfaces will be rehabilitated and traffic striping modified as needed to accommodate increased traffic demand; and intersection capacity will be improved with new and modified traffic signals.

In addition to the above Capital Improvement Program, San Bernardino will continue to allocate up to fifty percent of its annual Measure I fund towards public works maintenance activities. Maintenance work will continue to include the City's traffic signal systems, sidewalk and curb repair, and pavement repair and overlay on the local street system.

36.c
Packet Pg. 1473 Attachment: Attachment 3 - Resolution No. 2022-133; Exhibit B - 5 yr CIP Measure I expenditure Strategy (9015 : Revised Five-Year CIP for FY

Page 1 ends

Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 15, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Daniel Hernandez, Director of Public Works
Subject: Amendment No. 2 to Agreement with Z&K Consultants, Inc. (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with Z&K Consultants, Inc., extending the agreement until December 31, 2022.

Background
Annually, the Mayor and City Council of the City of San Bernardino approve a Five-Year Capital Improvement Plan (CIP) establishing priority projects to be implemented.

Approved CIP’s include projects in the general buildings, parks, street improvements, storm drain, streetlights and traffic signals, police, and landfill categories. The Engineering Division of the Public Works Department is responsible for planning and implementing the City’s CIP which consists of the design and construction of roads, bridges, buildings, grading, drainage, landscaping, ADA access ramps, and other public improvements.

On August 7, 2019, the Mayor and City Council adopted Resolution No. 2019-263 approving a Professional Services Agreement with Z&K Consultants, Inc., to provide project management services for Capital Improvement Projects. The agreement was approved for one year and provided an option for two additional single year extensions.

On June 16, 2020, a letter was sent to Z&K Consultants, Inc. to administratively extend the agreement through June 30, 2021.

On June 3, 2021, a letter was sent to Z&K Consultants, Inc. to administratively extend the agreement through June 30, 2022, for its final one-year option.

On December 15, 2021, the Mayor and City Council adopted Resolution No. 2021-294 authorizing the execution of Amendment No.1 to the Professional Services Agreement with Z&K Consultant, Inc. increasing the total contract amount to $525,000.

Discussion
37 Packet Pg. 1474
9017

Page 2 ends

Z&K Consultants, Inc. is providing staff augmentation for project management services regarding several critical CIP projects including the 2nd Street Bridge replacement over Warm Creek, 40th Street widening, H Street widening, the State Street extension, and Kendall Drive slope rehabilitation.

Due to the complexity of these critical projects, many issues have transpired such as right-of-way acquisitions, permitting, and utility safety concerns that have delayed these projects. Project management services are imperative to the success and completion of 2nd Street Bridge replacement over Warm Creek, 40th Street widening, H Street widening, the State Street extension, and Kendall Drive slope rehabilitation.

On May 18, 2022 the City Council approved the addition of a Senior Project Engineer as a full-time position for the Public Works, Engineering Department, this position is set to assume the responsibility over these critical projects. Due to the time needed to recruit for this important and vital position in the Engineering Department staff is recommending the execution of Amendment No. 2 to the Professional Services Agreement (Second Amendment) with Z&K Consultants, Inc., to extend the Agreement from June 30, 2022 to December 31, 2022 to continue providing project management services for critical CIP Projects. This will allow staff the time to perform a successful recruitment and keep the continuity of the vital project without interruptions. 2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No.1e: Improved Operational and Financial Capacity - Minimize risk and litigation exposure. Approval of this resolution will result in public improvements being constructed that minimize risk and litigation exposure by improving infrastructure throughout the City.

Fiscal Impact
There is no General Fund impact associated with this action. Sufficient funds are available in the current CIP budget to absorb the contract amount.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with Z&K Consultants, Inc., extending the agreement until December 31, 2022.

Attachments
Attachment 1 Amendment No. 2 to PSA with Z&K Consultants, Inc.

Attachment 2 Professional Services Agreement with Z&K Consultants, Inc.

Attachment 3 Resolution No. 2019-263
Attachment 4 Resolution No. 2021-294
Attachment 5 1st Contract Extension
Attachment 6 2nd Contract Extension
attachment 7 3rd Contract Extension
Ward: All
37 Packet Pg. 1475
9017

Page 3 ends

Synopsis of Previous Council Actions:

August 7, 2019 The Mayor and City Council adopted Resolution No. 2019- 263, approving Professional Services Agreement for Project Management Services.

December 15, 2021 The Mayor and City Council adopted Resolution No. 2021- 294, approving the execution of Amendment No.1 with Z&K Consultant Inc.
37 Packet Pg. 1476
AMENDMENT NO. 2 TO

AGREEMENT FOR PROFESSIONAL SERVICES
Z&K CONSULTANTS, INC.

This Amendment No. 2 to the Professional Services Agreement for project management services is made and entered into as of June 15, 2022, by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Z&K Consultants, Inc., a California corporation (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.” A. WHEREAS, the City and Consultant have entered into an agreement dated August 7, 2019, for the purpose of providing project management services (the “Master Agreement”); and
B. WHEREAS, on June 16, 2020, the City exercised its first of two one-year extension options, extending the term through June 30, 2021; and C. WHEREAS, on June 3, 2021, the City exercised its final one-year extension option, extending the term through June 30, 2022; and
D. WHEREAS, on November 17, 2021, the City and Consultant entered into Amendment No. 1 to the Master Agreement in order to provide funding for work previously performed and to provide additional funds for the continued performance of services; and
E. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 2 and the Master Agreement, the Parties mutually agree as follows:

AGREEMENT

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Term. The term of the Master Agreement shall be extended through December 30, 2022, unless earlier terminated.

3. Amendment to Section 6 of the Master Agreement. The last sentence of Section 6 of the Master Agreement shall be amended to read as follows:
“The total duration of the Agreement, including the exercise of any options, shall not exceed December 30, 2022.”

37.a
Packet Pg. 1477 Attachment: Attachment 1 - Amendment No. 2 to PSA w ZK Consultants (9017 : Amendment No. 2 to Agreement with Z&K Consultants, Inc. (All

4. Full Force. Except as amended by this Amendment No. 2, all provisions of the Master Agreement, as previously amended, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 2.

5. Electronic Transmission. A manually signed copy of this Amendment No. 2 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 2 for all purposes. This Amendment No. 2 may be signed using an electronic signature.

6. Counterparts. This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]

37.a
Packet Pg. 1478 Attachment: Attachment 1 - Amendment No. 2 to PSA w ZK Consultants (9017 : Amendment No. 2 to Agreement with Z&K Consultants, Inc. (All

SIGNATURE PAGE FOR
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH Z&K CONSULTANTS, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 2 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Robert D. Field,
City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
Z&K Consultants, Inc.

Signature
Name
Title

37.a
Packet Pg. 1479 Attachment: Attachment 1 - Amendment No. 2 to PSA w ZK Consultants (9017 : Amendment No. 2 to Agreement with Z&K Consultants, Inc. (All

37.b
Packet Pg. 1480 Attachment: Attachment 2 - Professional Service Agreement with Z&K Consultants, Inc. (9017 : Amendment No. 2 to Agreement with Z&K

37.b
Packet Pg. 1481 Attachment: Attachment 2 - Professional Service Agreement with Z&K Consultants, Inc. (9017 : Amendment No. 2 to Agreement with Z&K

37.b
Packet Pg. 1482 Attachment: Attachment 2 - Professional Service Agreement with Z&K Consultants, Inc. (9017 : Amendment No. 2 to Agreement with Z&K

37.b
Packet Pg. 1483 Attachment: Attachment 2 - Professional Service Agreement with Z&K Consultants, Inc. (9017 : Amendment No. 2 to Agreement with Z&K

37.b
Packet Pg. 1484 Attachment: Attachment 2 - Professional Service Agreement with Z&K Consultants, Inc. (9017 : Amendment No. 2 to Agreement with Z&K

37.b
Packet Pg. 1485 Attachment: Attachment 2 - Professional Service Agreement with Z&K Consultants, Inc. (9017 : Amendment No. 2 to Agreement with Z&K

37.b
Packet Pg. 1486 Attachment: Attachment 2 - Professional Service Agreement with Z&K Consultants, Inc. (9017 : Amendment No. 2 to Agreement with Z&K

37.b
Packet Pg. 1487 Attachment: Attachment 2 - Professional Service Agreement with Z&K Consultants, Inc. (9017 : Amendment No. 2 to Agreement with Z&K

37.b
Packet Pg. 1488 Attachment: Attachment 2 - Professional Service Agreement with Z&K Consultants, Inc. (9017 : Amendment No. 2 to Agreement with Z&K

37.b
Packet Pg. 1489 Attachment: Attachment 2 - Professional Service Agreement with Z&K Consultants, Inc. (9017 : Amendment No. 2 to Agreement with Z&K

37.b
Packet Pg. 1490 Attachment: Attachment 2 - Professional Service Agreement with Z&K Consultants, Inc. (9017 : Amendment No. 2 to Agreement with Z&K

37.b
Packet Pg. 1491 Attachment: Attachment 2 - Professional Service Agreement with Z&K Consultants, Inc. (9017 : Amendment No. 2 to Agreement with Z&K

37.b
Packet Pg. 1492 Attachment: Attachment 2 - Professional Service Agreement with Z&K Consultants, Inc. (9017 : Amendment No. 2 to Agreement with Z&K

37.b
Packet Pg. 1493 Attachment: Attachment 2 - Professional Service Agreement with Z&K Consultants, Inc. (9017 : Amendment No. 2 to Agreement with Z&K

37.b
Packet Pg. 1494 Attachment: Attachment 2 - Professional Service Agreement with Z&K Consultants, Inc. (9017 : Amendment No. 2 to Agreement with Z&K

37.c
Packet Pg. 1495 Attachment: Attachment 3 - Resolution No. 2019-263 (9017 : Amendment No. 2 to Agreement with Z&K Consultants, Inc. (All Wards))

37.c
Packet Pg. 1496 Attachment: Attachment 3 - Resolution No. 2019-263 (9017 : Amendment No. 2 to Agreement with Z&K Consultants, Inc. (All Wards)) Resolution No. 2021-294
Resolution 2021-294

Page 1 of 3 ends

RESOLUTION NO. 2021-294

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE EXECUTION OF AMENDMENT NO.
1 TO PROFESSIONAL SERVICES AGREEMENT WITH,
Z&K CONSULTANTS, INC. INCREASING THE TOTAL
CONTRACT AMOUNT TO $525,000
WHEREAS, on August 7, 2019, the Mayor and City Council adopted Resolution No. 2019-263 approving a Professional Services Agreement with Z&K Consultants, Inc. (the “Agreement”) to provide Project Management Services for Capital Improvement Projects; and WHEREAS, the Agreement granted the City two one-year extension options; and WHEREAS, on June 16, 2020, the City exercised its first of the two one-year extension options, extending the term through June 30, 2021; and
WHEREAS, on June 3, 2021, the City exercised its final one-year extension option, extending the term through June 30, 2022; and
WHEREAS, the City and Z&K Consultants, Inc. desires to amend the Agreement to modify the not-to-exceed amount to $525,000 in order to provide funding for work previously performed during the option terms and to provide additional funds for the continued performance of services in accordance with the compensation provisions of the Agreement.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Mayor and City Council hereby authorize the City Manager, or designee, to execute Amendment No. 1 to the Professional Services Agreement with Z&K Consultants, Inc., attached hereto as Exhibit “A”, in an amount not-to-exceed $525,000.

SECTION 3. The Mayor and City Council hereby authorize the Finance Director to amend the purchase order for Z&K Consultants, Inc., increasing the not-to-exceed amount to $525,000.

37.d
Packet Pg. 1497 Attachment: Attachment 4 - Resolution No. 2021-294 (9017 : Amendment No. 2 to Agreement with Z&K Consultants, Inc. (All Wards)) Resolution No. 2021-294
Resolution 2021-294

Page 2 of 3 ends

SECTION 6. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2021.

John Valdivia, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

37.d
Packet Pg. 1498 Attachment: Attachment 4 - Resolution No. 2021-294 (9017 : Amendment No. 2 to Agreement with Z&K Consultants, Inc. (All Wards)) Resolution No. 2021-294
Resolution 2021-294

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2021-294, adopted at a regular meeting held on the ___ day of _______ 2021 by the following vote:

Genoveva Rocha, CMC, City Clerk

37.d
Packet Pg. 1499 Attachment: Attachment 4 - Resolution No. 2021-294 (9017 : Amendment No. 2 to Agreement with Z&K Consultants, Inc. (All Wards))

37.e
Packet Pg. 1500 Attachment: Attachment 5 - 1st Contract Extension (9017 : Amendment No. 2 to Agreement with Z&K Consultants, Inc. (All Wards))

37.e
Packet Pg. 1501 Attachment: Attachment 5 - 1st Contract Extension (9017 : Amendment No. 2 to Agreement with Z&K Consultants, Inc. (All Wards))

37.f
Packet Pg. 1502 Attachment: Attachment 6 - 2nd Contract Extension (9017 : Amendment No. 2 to Agreement with Z&K Consultants, Inc. (All Wards))

37.f
Packet Pg. 1503 Attachment: Attachment 6 - 2nd Contract Extension (9017 : Amendment No. 2 to Agreement with Z&K Consultants, Inc. (All Wards))

37.g
Packet Pg. 1504 Attachment: Attachment 7 - 3rd Contract Extension (9017 : Amendment No. 2 to Agreement with Z&K Consultants, Inc. (All Wards))

37.g
Packet Pg. 1505 Attachment: Attachment 7 - 3rd Contract Extension (9017 : Amendment No. 2 to Agreement with Z&K Consultants, Inc. (All Wards))

Page 1 ends

Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 15, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Daniel Hernandez, Director of Public Works
Subject: Agreement with Parkwood Landscape Maintenance, Inc. for Landscape Maintenance (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of SanBernardino, California:

1. Authorize the City Manager to execute a Maintenance Services Agreement with Parkwood Landscape Maintenance, Inc., for landscape maintenance and grass turf overseeding at all City parks, greenways, and recreation corridors; and

2. Authorize the Director of Finance to appropriate funds in the amount of $3,425,946.12 to the Public Works Parks Maintenance General Fund; and issue a purchase order in an amount not to exceed $3,425,946.12 annually with four one-year extensions at the City’s option for Fiscal Year 2022/23.

Background
The Operations and Maintenance Division of the Public Works Department is responsible for landscape maintenance and grass turf overseeding at all City parks, greenbelts, recreation corridors and City-owned cemeteries thereby ensuring the safety of the public. The Division is also responsible for assessing/performing irrigation repairs, conducting playground inspections, installing new amenities, maintaining security lights, performing pest control, maintaining trees, replacing/repairing sidewalks, and removing any hazards and other related activities at these locations. The current contract with RP Landscape and Irrigation is set to expire on June 30, 2022, and has expended all extensions agreed upon in contract.

Historically, in-house staff provided landscape maintenance, but contractual services replaced in-house landscape maintenance activities and the remaining inhouse staff was largely assigned inspection duties. With nearly 40 locations to maintain, simply inspecting all locations is a significant task that is nevertheless accomplished daily. Landscape contractors have typically performed a variety of tasks that primarily include mowing, litter collection, sweeping/blowing, minor irrigation inspection/repair along with other activities such as tree trimming, plant/shrub care, raking, and pest control.
38 Packet Pg. 1506
9043

Page 2 ends

During a review of current and past maintenance service agreements, staff noted that prior contracts did not adequately address all landscape and maintenance activities required at City parks. To that end, the requested services for this maintenance services project reflect significant enhancements of park maintenance tasks to ensure the inclusion of maintenance tasks which had not been adequately addressed in the past. Additionally, frequency of maintenance work tasks at all locations were increased to reflect the increased usage of our parks (Attachment 2).

This increase in work task frequency will ensure our parks are kept clean, beautiful, and free of hazards. Also key among these enhancements is the inclusion of grass turf overseeding which has not been included in recent years due to budgetary constraints.

Discussion
The City of San Bernardino has nearly 500 acres of parks, greenways, recreation corridors, and cemeteries for which landscape maintenance is required. To ensure that our city parks and greenways are properly maintained and kept beautiful in appearance, staff is requesting $3,426,000 for landscape maintenance and grass turf overseeding services under this maintenance services agreement with four oneyear options.

The Operations and Maintenance Division of Public Works worked with the Finance Department, and, in March of 2022, a formal bid process was initiated to solicit proposals for landscape maintenance and overseeding at all City parks, greenways, and recreation corridors in Request for Proposal No. F-22-28 B. Notices were posted on the City’s website. The RFP process for this agreement was personally handled by the Purchasing Manager, who worked closely with the Public Works Department to ensure that the process was handled effectively from beginning to end. The results of the bid opening yielded five qualified vendors which were evaluated and scored by a selection committee. Proposals were evaluated on the following criteria:

1. The Proposer is properly licensed to practice in the State of California.

2. The Proposer has no conflict of interest with regard to any other worker formed by the firm for the City.

3. Clarity and conformance of proposal to the RFP.

4. Content of the proposal.

5. Proposer’s experience and performance.

6. Team members’ experience and performance.

7. Fee proposal.

8. Comments by references.

In addition, the selection committee was asked to score a six (6) part evaluation sheet on a 0-10 scale for each area for a total max score of 60. The evaluation included a thorough review of the following areas and asked the following for each part: Did Vendor Sign the Bidder's Response box? Did Vendor include any additional Services? Did Vendor take exceptions to this section services included in 38 Packet Pg. 1507
9043

Page 3 ends

this area of the Scope of Work, if so, would the city agreeing to these exceptions diminish the quality of the services requested from the vendor.

Part 1: General Scope of Services
- Terms: Contract Manager, Vendor, Area Maintenance
- Materials
- Daily Reporting and Notification
- Hours of Operation
- Special Projects
- Requests from the Public
- Locations and Areas of Maintenance
Part 2: Landscape Maintenance
- Litter Collection from Grounds
- Litter Collection from Trash Receptacles
- Mowing
- Edging
- Sidewalk Sweeping/Blowing
- Plant, Bush, Shrub Trimming
- Fertilization (plants, bushes)
- Weed Abatement
- Playground Inspections/Sports Equipment and Minor Repairs - Irrigation Inspection and Repair
- Backflow Inspection and Repair
- Landscape Bed Raking
- Pest Control
- Mole Hill Flattening and Re-Filling
- Minor Tree Trimming
- Lock/Gates Inspection
Part 3: Overseeding
- Steps and Requirements for the Overseeding Process
Part 4: Park Maintenance
- Picnic Bench/Table/Canopy Area Cleaning and Power Washing - Plant Replacement
- Doggie Bag Replacement
- Ballfield Fence Edging
- Aerification
- Recreational Courts Power Washing (Tennis, Pickleball, Basketball) - Monument/Signs Power Washing
- Watering
- Other Considerations for Non-Traditional Maintenance
Part 5: Content and Format of Proposal
- Executive Summary
- Tables of Contents
38 Packet Pg. 1508
9043

Page 4 ends

- Identification of Proposer
- Staffing Resources
- Experience and Technical Competence
Part 6: Content and Format of Proposal
- Proposed Method to Accomplish the Work
- Insurance: Did vendor provide a certification of insurance along with endorsement & waivers of subrogation or at least a copy of page 1 of their COI - Litigations
- Other Information
To determine points awarded, the selection committee was instructed to follow the scoring system listed below:

1. If the vendor has an acceptable answer to the City's question start scoring at 6.

2. If the proposal meets the requirements set forth in the RFP and there are no deductions or additions, then a score of 6 is to be given as “acceptable.”

3. Anything lower than a 6 is an automatic “less than,” which should have a comment in the deductions section.

4. Anything "higher than" a 6 will need a comment in the additions section.

5. All Scoring shall be based on the information submitted within the RFP.

6. No partial points are awarded
This RFP was not based on the lowest cost. It was based on most the responsive and responsible bidder. The cost was weighted at 40% of total points, meaning that the total scores from the selection committee are valued up to 60% of the total points in order to make a final selection. The committee completed its review on May 5, 2022, and recommended Parkwood Landscape Maintenance, Inc. as the winning vendor based on their submitted proposal and exemplary references performing similar services for the cities of Irvine and Long Beach. In reviewing the vendor listing for the local vendor preference 1% bonus, it was discovered that because there is no point of sale for this vendor contract scope of work, the local preference does not apply. This was confirmed by legal review of municipal code

3.04.125. Staff is confident that Parkwood Landscape Maintenance, Inc is qualified to perform the required work for this maintenance service agreement and noted the extensive availability of equipment and staff in their proposal. Additionally, Parkwood was the most experienced and knowledgeable in overseeding processes and provided a reasonable price per acre for overseeding that reflects current market prices. Their operational plan of execution was detailed and provided alternative solutions to problems that have been reoccurring with our current level of service. The term of the proposed agreement shall be from July 1, 2022, to June 30, 2027. The results of the submitted proposals are provided below:

SCORE BIDDER CITY AMOUNT
80 Parkwood
Landscape
Maintenance, Inc.

Van Nuys Landscape: $1,149,323
Overseeding: $2,276,623
Total: $3,425,946
38 Packet Pg. 1509
9043

Page 5 ends

57 Mariposa
Landscapes, Inc.

Irwindale Landscape: $2,100,000
Overseeding: $2,119,598
Total: $4,219,598
62 Greentech Moreno Valley Landscape: $1,356,000
Overseeding: $893,030
Total: $2,249,030
70 Inland Empire
Landscape, Inc.

San Bernardino Landscape: $1,403,616
Overseeding: $219,747
Total: $1,623,363
67 RP Landscape and
Irrigation
San Bernardino Landscape: $1,651,848
Overseeding: $153,224
Total: $1,805,072
2021-2025 Strategic Targets and Goals
This project is consistent with several City goals and targets. It is aligned with Key Target No.1e: Minimize risk and litigation exposure. Approval of this agreement will reduce the risk of potential liability associated with tort cases and significantly reduce the amount of open work order requests. It is also aligned with Key Target No. 3c:

Constantly evaluate public safety service delivery models to enhance the quality of service. This landscape maintenance contract will ensure the City is clean, hazard-free, and attractive at all parks, greenways, recreation corridors, and City-owned cemeteries and will promote investment in the City.

Fiscal Impact
The General Fund impact of $3,425,946.12 is accounted for in the FY2022/23 budget.

This is an annual contract amount; General Fund costs of $3,425,946.12 will continue on an annual basis should the City decide to exercise the option of extending the contract.

Conclusion
It is recommended that the Mayor and City Council of the City of SanBernardino, California:

Attachments
Attachment 1 Maintenance Services Agreement
Attachment 2 Bid Documents-RFP No. F-22-28 B
38 Packet Pg. 1510
9043

Page 6 ends

Attachment 3 Parkwood Proposal
Attachment 4 Greentech Proposal
Attachment 5 Inland Empire Landscape, Inc. Proposal
Attachment 6 RP Landscape & Irrigation Proposal
Attachment 7 Mariposa Landscapes, Inc. Proposal
Attachment 8 Location Maps
Ward: All
Synopsis of Previous Council Actions: None
38 Packet Pg. 1511
- 1 -

MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PARKWOOD LANDSCAPE MAINTENANCE, INC.

1. PARTIES AND DATE.

This Agreement is made and entered into this 15th day of June, 2022 by and between the City of San Bernardino, a municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”) and Parkwood Landscape Maintenance, Inc., a CORPORATION with its principal place of business at 16443 Hart Street, Van Nuys, CA. 91406 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in providing Landscape and Irrigation Systems Maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for the City of San Bernardino Parks, Greenways, and Recreation Corridors Landscape Maintenance project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Landscape maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 1, 2022 to June 30, 2027, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

38.a
Packet Pg. 1512 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape - 2 -

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates Ernesto Salinas, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates George Alabanez or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally,

38.a
Packet Pg. 1513 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape - 3 -
Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).

Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such

38.a
Packet Pg. 1514 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape - 4 -
requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.

Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its subsections.

3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility: Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.

3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for

38.a
Packet Pg. 1515 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape - 5 -
violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance.

3.2.11.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.

Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:

38.a
Packet Pg. 1516 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape - 6 -
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; (4) Privacy/Network Security (Cyber), in a form and with insurance companies acceptable to City; and The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. MINIMUM; and $4,000,0000 aggregate. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability $1,000,000 MINIMUM per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 MINIMUM; per accident for bodily injury or disease; Defense costs shall be paid in addition to the limits. (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall

38.a
Packet Pg. 1517 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape - 7 -
be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional

38.a
Packet Pg. 1518 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape - 8 -
insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.13 Bonds.

3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor

38.a
Packet Pg. 1519 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape - 9 -
shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.2.15 Work Site.

3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface

38.a
Packet Pg. 1520 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape - 10 -
improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.

3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “A” attached hereto and incorporated herein by reference. The total compensation shall

38.a
Packet Pg. 1521 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape - 11 -
not exceed Three million, four hundred twenty-five thousand, nine hundred forty-six dollars annually $3,425,946.12 annually. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner

38.a
Packet Pg. 1522 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape - 12 -
under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5 General Provisions.

3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

Parkwood Landscape Maintenance, Inc.

38.a
Packet Pg. 1523 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape - 13 -
16443 Hart Street
Van Nuys, CA. 91406
Attn: George Albanez
City:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Ernesto Salinas
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense which is caused by the the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City.

3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this indemnification section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this

38.a
Packet Pg. 1524 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape - 14 -
Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

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

3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.8 Construction; References; Captions. 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 or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.10 Waiver. 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.

38.a
Packet Pg. 1525 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape - 15 -

3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.18 Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]

38.a
Packet Pg. 1526 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape - 16 -

SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND PARKWOOD LANDSCAPE MAINTENANCE, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

ROBERT D. FIELD
City Manager
ATTESTED BY:

GENOVEVA ROCHA
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

PARKWOOD LANDSCAPING
MAINTENANCE, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:
____________________________________
Contractor’s License Number
____________________________________
DIR Registration Number

38.a
Packet Pg. 1527 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape 17 EXHIBIT A

SCOPE OF SERVICES AND COMPENSATION
The City of San Bernardino has more than 500 acres of parks, greenways and recreation corridors which require daily landscape maintenance. Each park has its own individual identity and maintenance requirements, that may vary from park to park. Whether maintaining grass turf, fence lines, baseball fields, plant beds, picnic canopies, playground equipment, water features, gazebos, just to list a few. The demands for each park are rigorous and require professional and robust maintenance from a vendor with the proper resources that includes trained staff, sufficient equipment, and a work order management system.

Materials. Industry standards are required for all materials used in the performance of landscape maintenance. The following table lists replacement materials should the need arise for replacement or repair. No all items are necessarily listed for some categories; however, every effort will be made to use high-grade, industry standard materials and parts.

Item Category Remarks
Pipes and fittings Irrigation High-grade, industry standard •Examples: 40 or 80 PVC pipe, approximately 2” for
irrigation lines and approximately 6” for water mains;
however, these sizes may vary.

Nozzles/emitters Irrigation High-grade, industry standard •Examples: Rain Bird Rotor Heads, Orbit Voyager, Toro
Sprinkler Head, Hunter PGP, ETC: however,
nozzles/emitters may vary, please try best to replace
like for like/kind for kind.

Backflow
fittings/valves
Irrigation Bronze fitting for replacement
Plants Landscape
• 1 gallon size of replacement plants that are nonestablished. • 5-gallon plants for mature, well-established plants
being replaced
Rock/Gravel Landscape Must match existing rock/gravel
Trash can liners Hardscape Must match existing liners (as closely as possible) and properly fit in the trash receptable. Contract
administrator will provide liners as requested.

Trash Bags Hardscape Must properly fit cans (if used)
Dog Station bags Amenities Must use standard doggie bag boxes but green, translucent bags are preferred. Example (8” x 11.4” size bags and 0.92 Millimeter in thickness)
Weed Killer Maintenance Cheetah-Pro is preferred, but industry standard weed killer (as legally sold in California is allowed.) Please review California Office of Environmental Health Hazard Assessment for updates in regards to updates in
regards to Weed Killers.
https://oehha.ca.gov/about/home

38.a
Packet Pg. 1528 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape 18 Ant Killer/Insecticide Maintenance Industry standard insecticide as legally sold in California may be used. Applicable applicator/operator pesticide
license required. Please review this website:
www.cdpr.ca.gov…to effectively use Insecticides in
California and for future updates.

Daily Reporting and Notification. The vendor is required to notify the contract administrator (via email) of each day’s starting work location. Any repairs to irrigation will also require notification and/or pre-authorization for any significant repairs that will require water shut-off. On a monthly basis, the vendor will provide a signed and dated work task/frequency sheet verifying all work performed at all locations. Bid Schedule A. City of San Bernardino, Parks, Greenways, and Recreation Corridors Landscape Maintenance Work Tasks and Frequency may be used as a template for the monthly work report so long as it is signed and dated confirming that the work was accomplished.

Hours of Operation. All work will be performed Sundays to Saturday within the hours of 7 a.m. to 9 p.m. unless otherwise exempted by the Contract Administrator.

Customer Service and After-Hours Notification. The vendor is required to have a dedicated after-hours notification line monitored and answered by an employee that can dispatch crews should an after-hour emergency or urgent issue occur.

Special Projects. At times the landscaper may come across areas of maintenance that may require significant upgrades that are not within the normal scope of the landscape maintenance agreement. In such cases, the vendor will advise the contract administrator of the problem. A quick bid will be released for the desired upgrades and the awarded vendor can submit a quick bid quote for the upgrades.

Requests from The Public. The vendor is prohibited from taking direct requests from any residents, park patrons, City staff (not affiliated with the Parks Maintenance Work Section of the Operations and Maintenance Division), or any other organizations. The vendor will make every effort to politely inform the requesting individual to contact the Contract Administrator or San Bernardino’s Help Line. Any instance of work performed as a result of a direct request outside of the Contract Administrator will be cause for termination of the vendor services agreement.

Locations and Areas of Maintenance. Please refer to the Locations and Areas of Maintenance document attached within this agreement for a full description and illustration of all areas requiring landscape and general maintenance.

38.a
Packet Pg. 1529 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape 19 The below-listed technical specifications are designed to elaborate many of the work tasks described in the Scope of Services. The city of San Bernardino, Parks, Greenways, and Recreation Corridors Landscape Maintenance Work Tasks and Frequency Table) is included in this document. The table should be your primary document to ensure all work tasks are performed properly and at the correct frequency. It’s important to note that some items of special consideration (listed below) are not in the Work Task and Frequency Table but are nevertheless requirements of this services agreement.

1. Litter Collection from Grounds. This includes the collection of all litter from park grounds, grass turf, landscape beds, fence lines, parking lots, entrances, sidewalks, playgrounds. Litter shall include discarded items, such as leftover food, used clothing/shoes, syringes, and is not limited solely to paper-based wrappings or discarded food packaging. This task will be performed daily by 9am. Please Note:

During wind or other weather events, palms fronds/debris, green waste, small limbs shall also be picked up, however, some flexibility will be afforded in regard to the daily deadline.

2. Litter Collection from Trash Receptacles. This includes collecting litter from trash can receptacles and ensuring the receptacle is left in working order and cleaned. Any vandalism to the receptacle should be reported to the Contract Manager (to include theft of liners). This task will be performed daily by 9am.

3. Mowing. Mowing will occur on all parks grounds with lawn (grass turf) regardless of the condition of the grass turf unless the Contract Manager makes an exception to forego mowing. Litter shall be collected from grass turf prior to mowing and must not be shredded with equipment. All care shall be taken to ensure sprinkler heads are not damaged by equipment. Grass clippings must not be left on-site (either as a pile or as mower trail clumps). Equipment tracks (on grass turf) will be repaired before leaving the site for the day. The following applies to mowing operations:
a. All turf areas shall be mowed once a week. Winter Schedule (November to February) shall be reduced to mowing once every two weeks. b. Some special events or sporting activities may require mowing on a specific day or at an expedited frequency.
c. All missed mowing due to inclement weather will be accomplished no later than 2 days after the inclement weather has subsided and/or the ground is no longer saturated.
d. Cutting heights will generally be established at 2 ¼ inches for St. Augustine grass turf, ¾ inch for Bermuda, 2 inches for Bluegrass and Fescue (Sept to May) and 3 inches for Bluegrass and Fescue (June to Sept).
e. All obstructions (hardscape elements such as picnic tables, etc.) shall be mowed as necessary to mow all portions of the grass turf.
f. All sidewalks, trails, roadways, curbs, and any other areas impacted by grass clippings shall be cleared of debris once mowing is complete for the day.

4. Edging. In conjunction with mowing, edging will occur on all fence lines, bleachers/seating, picnic tables/benches, buildings (to include storage facilities), sidewalks, parking lots, and any other areas where turf begins. The following applies to edging operations:
a. All grass turf will be neatly and uniformly edged with each mowing. b. Mechanical methods will be used except where not physically possible.

38.a
Packet Pg. 1530 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape 20 c. Chemical application is allowed in difficult to reach areas and shall be used on planters, around buildings, trees, trails, sports field equipment, fence lines.

Browned out turf will be removed manually if it does not deteriorate within two weeks of application.
d. Only chemicals legally allowed in the State of California are authorized. In the event State laws are updated, it is the responsibility of the vendor to comply with any new requirements.
i. Please review the following websites to see what chemicals are authorized by the state of California:

1. https://oehha.ca.gov/about/home

2. www.cdpr.ca.gov
e. Chemicals will only be applied by properly certified personnel and under the supervision of person(s) with a California pest/weed abatement control operator’s license. The vendor is required to maintain and provide proof of certification to the Contract Administrator. Failure to provide certification or allowing the certification to lapse may be considered as grounds for termination of the vendor services agreement.
f. Chemicals will be applied to a drift limit of six inches. All precautionary methods shall be employed in public access areas (to include posting of notifications prior to application).
g. Chemical edging shall be restricted to a 6-inch-wide strip around buildings, planters, trails, etc. A 12-inch-wide strip will be used around trees, fence lines, and sports field equipment. This task will be performed in conjunction with mowing and completed accordingly.

5. Sidewalk Sweeping/Blowing. All sidewalks will either be swept or blown (with power blowers) to remove dirt, grass clipping, minor debris, tree pods/seeds and/or any other items/residue from trees. This task will be performed daily by 9am.

6. Plant, Bush, Shrub Trimming. All plants, bushes, shrubs and/or related vegetation will be trimmed every 6 months for aesthetic reasons and to prevent any overgrowth which may become an obstacle. This will also include the complete removal of any dead leaves, branches/stems from the plants and the full removal of any dead plants.

7. Fertilization (plants, bushes). Fertilization of all plants, bushes, shrubs will occur once every 6 months to ensure plants are kept as vibrant and as blooming as possible; however, depending on soil condition, fertilization may be required more frequently. It is the vendor’s responsibility to ensure plants are properly fertilized to allow for growth and proper blooming.

8. Weed Abatement. While the use of chemical agents is allowed to mitigate weeds, every effort should be made to use non-toxic chemical agents (such as Cheetah-Pro or vinegar-based agents). Once weeds begin to die or brown-out, they shall be pulled from the ground with its root attached and must not be left standing. This task will occur weekly be Friday.

9. Playground Inspection/Sports Equipment and Minor Repairs. This inspection will primarily be focused on inspecting for any damages or hazards to the playground or sports equipment. Other inspectable items will include graffiti, slap stickers, standing water, protruding bolts, to list a few. All noted hazards/deficiencies must be reported to the Contract Manager daily by 9 a.m. AND resolved by the same day if minor in nature.

38.a
Packet Pg. 1531 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape 21 Power-washing is allowable to resolve any issues related to grime, feces, dirt on playground/sports equipment or in the surrounding area.

10. Irrigation Inspection and Repair. All Park irrigation shall be inspected to ensure everything is in proper working order at all times. This includes all controllers, remote controls, valves, gate valves, backflow devices, main/lateral lines, sprinkler heads/nozzles/emitters, moisture sensing devices, and any related equipment. Any leaks, breaks to irrigation lines and related components will be repaired by the vendor.

Examples of minor repairs are: Nozzle breaks, irrigation line breaks, main/lateral line breaks, sprinkler head breaks. This includes any water features (fountains, etc.) at parks and recreational splash-pads. All potential repairs need to be assessed by the project manager before vendor is authorized to begin repair work. Water shut-off to any park for repairs shall be pre-authorized by the Contract Manager prior to repairs occurring. Irrigation inspections will occur by 3 p.m. daily. Repairs will be complete within 24 hours of notification for simple line breaks and nozzle breaks on plant bed lines.

Leaks that require extensive excavation, needs to be assessed by the Contract Manager first. If work is more complex, the project may need to be stopped safely and secured and a licensed contractor may be required to complete the repairs. If the leaks fall within the tasks of this agreement, the repair must be completed no later than 48 hours. Saw cutting of sidewalks or excavation of grounds to repair leaks will be the responsibility of the vendor, if the saw cuts do not require a licensed contractor to complete the excavation. All replacement materials shall consist of original types (or industry standard materials performing the same function). The vendor must keep an adequate stock of materials on hand and will ensure defects of replacement parts are covered by warranty.

11. Backflow Inspection and Repair. All Park backflows shall be inspected to ensure they are in proper working order and not vandalized or shut off. Any instance of significant vandalism shall be reported to the Contract Manager prior to making any repairs.

Examples of significant vandalism would be missing backflow cage, removal of pipes. Water shut-off to any park for repairs shall be pre-authorized by the Contract Manager prior to repairs occurring. Backflow inspections will occur by 9am on a daily basis. Repairs will be complete within 24-48 hours of notification. Replacement parts will be of original type or upgraded to industry standards.

12. Landscape Bed Raking. All landscape beds (regardless of the volume of plants/shrubs) will be raked free of minor yard waste, clippings, tree droppings, animal feces, etc. All dead leaves or debris under plants/shrubs shall be raked away to create a clean appearance. This task will occur every two weeks.

13. Pest Control. Pest control of any pests is required at all parks. This primarily includes ground squirrels but will also include any other pests and insects. Fire ants will also be treated on site. Treatment of all pests shall require the use of approved chemical agents and/or approved pest control methodologies in accordance with Federal, State, and Local environmental regulations. Please review
https://www.pestboard.ca.gov/pestlaw/pestact.pdf for the latest updates for approved pest control methods and approved chemicals. All treated areas shall be inspected for dying animals after treatment. Precautionary measures shall be taken when treating any areas near floodways, public access, eating areas, and agricultural production areas.

Any invasive insects affecting plants/shrubs will also be treated by the vendor. This task will occur every two weeks.

38.a
Packet Pg. 1532 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape 22 14. Mole Hill Flattening and Re-Filling. All mole hills resulting from pests (primarily ground squirrels) will be flattened and all associated holes will be filled with dirt. Although pestcontrol will ideally take care of the issues of mole hills, this task will nonetheless be required in the interim. This task is required daily.

15. Minor Tree Trimming. All minor trees in landscape beds or those creating obstacles to sidewalks, walkways, or entrances to buildings will be trimmed so as to remove any obstacles to pedestrians. A 6.5 ft standard shall be used when removing tree branch/limb obstacles. This task will occur monthly but may also occur upon request.

16. Lock/Gates Inspection. All locks and gates shall be inspected on daily basis by 9 a.m. and any minor vandalism repaired (and reported to the Contract Manager).

17. Overseeding. Overseeding will occur on an annual basis for all Parks or related areas that have grass. Seed blends (Rye-grass variations) shall be used as appropriate for the designated parks. The vendor is responsible for developing a preferred schedule for overseeding at parks so that proper notifications are given to park patrons about the park closure for overseeding and scalping. This schedule will be approved by the Contract Manager prior to work commencing (Please See Scalping and Overseeding Locations attached within this agreement).
a. Steps and Requirements for the Overseeding Process
i. Determine overseeding schedule for all parks and receive approval from contract manager no later than the Friday of the first week of October (or sooner).
ii. Post temporary signage advising park patrons of overseeding (at least two weeks prior) and additional signage advising patrons to avoid walking on grass turf.
iii. Perform removal of all debris/litter and other obstacles from grass turf before aeration and overseeding.
iv. Begin scalping process (de-thatching); grass will be cut to the lowest mower setting.
v. All clippings (and yard waste) will be removed from the work site and not left overnight.
vi. Overseed grass turf with a vertical over-seeder using aforementioned seed blends. Seed must not contain any noxious weeds (at least 98% weed free).
vii. Overseeding must occur when daytime temps range from 78 to 85 degrees and nighttime lows are 57 degrees or colder (Generally, between October and Mid-November)
viii. Irrigation will be increased as appropriate to ensure maximum growth. It will need to occur in small increments throughout the day. Contractor will ensure correct irrigation schedules are set and that over-watering does not occur.
ix. Contractor will be responsible for leaving the area in a clean condition when the entire overseeding project is complete. This includes keeping the area clean during scalping.

38.a
Packet Pg. 1533 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape 23 x. To the best extent possible, contractor will advise the Contract Manager if foot traffic is harming the overseeding process.
xi. It is highly recommended Contractor take before-and-after photos.

18. Picnic Bench/Table/Canopy Area Cleaning and Power washing. All benches, picnic tables, and related hardscape elements will be power washed to remove grime and any other elements (to include gum, charcoal stains, grease, slap stickers, food stains). BBQ grills shall be cleaned and cleared of debris and emptied of ashes. This task will occur weekly by Friday; however, inspections must occur daily to remove any hazards such as broken glass, feces, syringes, etc.

19. Plant Replacement. Any dead plants, whether a result of negligence or vandalism will be replaced by the vendor. Plant size will be 1 gallon for minor plant-bed plants, and a minimum of 5-gallon for larger, more-established plants. This task will be completed as needed.

20. Doggie Bag Replacement. At our dog parks, dog stations will be inspected/serviced, and bags replaced as needed. This will occur daily by 9am. The contractor is responsible for supplying bags. Environmentally friendly dog bags are preferred (green, translucent type).

21. Ballfield Fence Edging. In conjunction with mowing, fence edging will occur on all ballfield fence lines. While chemical edging may be used to expedite this task, any leftover browned-out grass will require removal if not deteriorated in a timely manner.

This task will be performed weekly by Friday.

22. Aerification. Aerification will occur in an effort to relieve compaction and to allow water, fertilizer, and oxygen to reach the roots of grass turf. The vendor will be allowed options as to what methodology they choose to use to perform this task. This task will occur once a year but no sooner than at least 6 months from the overseeding/scalping date.

23. Recreational Courts Power Washing (Tennis, Pickleball, Basketball). Proper power washing will be performed using non-abrasive methods that will not harm the courts.

Cleaning agents (such as Simple Green) that do not accelerate the deterioration of the courts are required. Power-washing must not occur at a high pressure. This task is required every two weeks (and as noted on courts signage); however, inspections must occur daily to remove any hazards such as broken glass, feces, syringes, etc.

24. Monument/Signs Power washing. Proper power washing of monuments and signs will be performed using non-abrasive methods that will not harm the signs or monuments. All efforts will be made to prevent any chipping of paints (if any) and alternative methods to clean the monuments are allowed. This task will occur once a month.

25. Watering. All grass turf areas shall be irrigated as required to maintain adequate growth and appearance in accordance with State of California Water Conservation regulations.

38.a
Packet Pg. 1534 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape 24 It is the responsibility of the vendor to comply with any State-mandated restrictions (such as drought restrictions) when they occur. The following applies to watering operations:
a. Irrigation shall be accomplished in accordance with the following time frames wherever possible:
i. Parks: 9:00 pm to 6:00 am
ii. Slopes/Landscaping: 8:00 pm to 6:00 am
iii. Medians & Parkways: 8:00 pm to 6:00 am
iv. Manual Irrigation: as needed
v. Point to Point Irrigation: 24 hours
b. Vendor is required to monitor watering requirements and adjust as needed depending on weather. The vendor is required to turn off scheduled irrigation when rain is forecasted and resume irrigation as appropriate. c. Vendor is responsible for ensuring over spraying of water does not occur. This includes overspray onto buildings, recreational courts, parking lots, and other non-turf areas.
d. Special watering may be requested for certain activities. In addition, during certain park or community events, the vendor may be asked to post-pone or stop watering by the Contract Administrator.

26. Other Considerations for Non-Traditional Maintenance. Some areas within parks or city property may not fall into the category of a traditional park nor consist of traditional park features. These areas may also require non-traditional park maintenance but are nevertheless expected to be maintained with the same standards applied to Parks. a. At all areas, animal feces or other materials detrimental to human health shall be removed daily.
b. HAZWOPER training for at least two employees. Specific information can be found at https://www.osha.com/california.html All broken glass and sharp object must be removed daily.
c. All outside sports equipment (exercise stations on trails, etc.) must be kept clean and inspected for vandalism and serviceability. Deficiencies will be reported to the Contract Administrator immediately.
d. All parking lots will be cleared of debris, broken glass, sharp objects daily. e. Sand courts will be maintained weed-free and clear of debris. All areas will be roto-tilled upon request to loosen up sand.
f. Malfunctioning security lighting (all types) shall be reported to the Contract Administrator.

38.a
Packet Pg. 1535 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape 25 COMPENSATION
Fee Proposal
Labor Rates Unit of Measure Rate
Account Manager Hourly $125.00
Landscape Maintenance Foreman Hourly $45.00
Certified Irrigation Technicians Hourly $65.00
Landscape Maintenance Laborers Hourly $36.00
Landscape Maintenance Mow Crew Members Hourly $36.00
Environmental Laborers Hourly $36.00
California Agricultural Pest Control Advisor Hourly $65.00 Certified CA Licensed QAI. Applicator Hourly $65.00
Seasonal Crew (as needed) Hourly $36.00
Equipment Rates Unit of Measure Rate
Ex Mark 72” Riding Mulching Mower Hourly $35.00
Ex Mark 60” Riding Mulching Mower Hourly $33.00
Toro 36” Walk behind Mower Hourly $30.00
Honda 21” Walk Behind Mower Hourly $25.00
TMC Line Trimmer Hourly $12.00
TMC Backpack Blower Hourly $10.00
TMC Extension Hedge Trimmer Hourly $14.00
Ryan Core Aerator Hourly $40.00
Echo 16” Chain Saw Hourly $15.00

38.a
Packet Pg. 1536 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape 26 COMPENSATION: PARKS, GREENWAYS AND RECREATION CORRIDORS LANDSCAPE

MAINTENANCE
Unit prices will include all landscape maintenance and related tasks (as noted in the Work Tasks and Frequency Table). Not all areas include turf and some work tasks do not apply to each location. It is important to cross-reference the Work Task Frequency Table when determining costs.

LOCATION

MONTHLY COST ANNUAL COST

AL GUHIN PARK
$ 3,027.51 $ 36,330.09

ANNE SHIRRELS PARK
$ 3,084.05 $ 37,008.58

BLAIR PARK
$ 3,932.16 $ 47,185.93

BOBBY VEGA PARK
$ 930.35 $ 11,164.25

BRYCE HAYNES PARK
$ 514.01 $ 6,168.10

CAMPO SANTO CEMETERY/PARK
$ 1,259.32 $ 15,111.84

COLONY PARK AND FIELD
$ 1,644.83 $ 19,737.91

DELMANN HEIGHTS PARK AND CC
$ 3,919.31 $ 47,031.73

ENCANTO PARK AND FIELD
$ 2,287.34 $ 27,448.03

FIFTH STREET SENIOR CENTER
$ 128.50 $ 1,542.02

FELDHYM LIBRARY
$ 1,285.02 $ 15,420.24

FRED SPELLACY PARK
$ 385.51 $ 4,626.07

GUADALUPE-SAL SAAVEDRA FIELD
$ 539.71 $ 6,476.50

GUTIERREZ FIELD
$ 508.87 $ 6,106.42

HAMPSHIRE GREENWAY/DOG PARK
$ 771.01 $ 9,252.14

HARRISON CANYON PARK
$ 1,542.02 $ 18,504.29

HORIN PARK
$ 1,156.52 $ 13,878.22

HUDSON PARK
$ 2,467.20 $ 29,606.86

JACK REILLY PARK
$ 64.25 $ 771.01

LA PLAZA PARK
$ 514.01 $ 6,168.10

38.a
Packet Pg. 1537 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape 27 LOCATION

MONTHLY COST ANNUAL COST

LITTLEFIELD/SHULTIS PARK
$ 3,598.06 $ 43,176.72

LYTLE CREEK PARK AND COMMUNITY CENTER
$ 4,497.57 $ 53,970.84

MEADOWBROOK FIELDS
$ 1,274.74 $ 15,296.88

MEADOWBROOK PARK
$ 3,628.90 $ 43,546.76

NEWBERRY PARK
$ 393.22 $ 4,718.59

NEWMARK FIELD
$ 1,290.16 $ 15,481.92

NICHOLSON PARK (COMMUNITY CENTER CLOSED
$ 2,446.68 $ 29,360.14

NORTON GYM
$ 645.08 $ 7,740.96

NUNEZ PARK
$ 5,664.27 $ 67,972.42

PALM FIELD
$ 591.11 $ 7,093.31

PERRIS HILL PARK
$ 9,935.69 $ 119,228.28

PIONEER CEMETERY
$ 5,911.09 $ 70,933.10

RONALD REAGAN PARK
$ 1,028.02 $ 12,336.19

SECCOMBE LAKE PARK
$ 10,449.70 $ 125,396.40

SPEICHER PARK (PATTON SOUTH)
$ 6,168.10 $ 74,017.15

STERLING BEAUTIFICATION GREENWAY
$ 657.93 $ 7,895.16

TOM GOULD
$ 130.56 $ 1,566.70

TOM MINOR PARK
$ 1,285.02 $ 15,420.24

WILDWOOD PARK/DOG PARK
$ 6,219.50 $ 74,633.96
Totals
$95,777.00 $1,149,324.00
Annual Cost: $1,149,324.00

38.a
Packet Pg. 1538 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape 28 ON-CALL RATE
Cost Per Hour for Call Out Minimum Hour (call out)
$125.00 1 Hour

38.a
Packet Pg. 1539 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape 29 COMPENSATION: SCALPING AND OVERSEEDING
Unit prices will include full cost of overseeding (materials/seed/labor/equipment). Site visits are highly recommended to observe current condition of turf. *Location acreage subject to change but cost per acre will be honored.

LOCATION ACREAGE Per Acre Cost ANNUALLY
AL GUHIN PARK 28 $ 4,791.60 $ 134,164.80
ANNE SHIRRELS PARK 12 $ 4,791.60 $ 57,499.20
BLAIR PARK 34 $ 4,791.60 $ 162,914.40
BOBBY VEGA PARK 3.62 $ 4,791.60 $ 17,345.59
BRYCE HAYNES PARK 1.5 $ 4,791.60 $ 7,187.40
CAMPO SANTO CEMETERY/PARK 5.5 $ 4,791.60 $ 26,353.80
COLONY PARK AND FIELD 6.4 $ 4,791.60 $ 30,666.24
DELMANN HEIGHTS PARK AND CC 19.7 $ 4,791.60 $ 94,394.52 ENCANTO PARK AND FIELD 8.9 $ 4,791.60 $ 42,645.24
FIFTH STREET SENIOR CENTER 0.5 $ 4,791.60 $ 2,395.80
FELDHYM LIBRARY 5 $ 4,791.60 $ 23,958.00
FRED SPELLACY PARK 1.5 $ 4,791.60 $ 7,187.40
GUADALUPE-SAL SAAVEDRA FIELD 2.25 $ 4,791.60 $ 10,781.10 GUTIERREZ FIELD 1.98 $ 4,791.60 $ 9,487.36
HARRISON CANYON PARK 6 $ 4,791.60 $ 28,749.60
HORIN PARK 5.67 $ 4,791.60 $ 27,168.37
HUDSON PARK 10.1 $ 4,791.60 $ 48,395.16
JACK REILLY PARK 0.25 $ 4,791.60 $ 1,197.90
LA PLAZA PARK 2.04 $ 4,791.60 $ 9,774.86
LITTLEFIELD/SHULTIS PARK 15 $ 4,791.60 $ 71,874.00
LYTLE CREEK PARK AND COMMUNITY CENTER 17.9 $ 4,791.60 $ 85,769.64

38.a
Packet Pg. 1540 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape 30 LOCATION ACREAGE Per Acre Cost ANNUALLY
MEADOWBROOK FIELDS 4.96 $ 4,791.60 $ 23,766.33
MEADOWBROOK PARK 14.12 $ 4,791.60 $ 67,657.39
NEWBERRY PARK 1.53 $ 4,791.60 $ 7,331.14
NEWMARK FIELD 5.02 $ 4,791.60 $ 24,053.83
NICHOLSON PARK (COMMUNITY CENTER CLOSED 9.52 $ 4,791.60 $ 45,616.03 NORTON GYM 3.72 $ 4,791.60 $ 17,824.75
NUNEZ PARK 22.04 $ 4,791.60 $ 105,606.86
PALM FIELD 22.3 $ 4,791.60 $ 106,852.68
PERRIS HILL PARK 64.4 $ 4,791.60 $ 308,579.04
PERRIS HILL SENIOR CENTER 1 $ 4,791.60 $ 4,791.60
PIONEER CEMETERY 26 $ 4,791.60 $ 124,581.60
RONALD REAGAN PARK 4 $ 4,791.60 $ 19,166.40
SECCOMBE LAKE PARK 44 $ 4,791.60 $ 210,830.40
SPEICHER PARK (PATTON SOUTH) 28 $ 4,791.60 $ 134,164.80 STERLING BEAUTIFICATION GREENWAY 7 $ 4,791.60 $ 33,541.20 TOM GOULD 0.508 $ 4,791.60 $ 2,434.13
TOM MINOR PARK 5 $ 4,791.60 $ 23,958.00
WILDWOOD PARK/DOG PARK 24.2 $ 4,791.60 $ 115,956.72
TOTALS 555 $4,791.60 $2,659.338.00
Total Annual Cost for all Services: $3,425,946.12

38.a
Packet Pg. 1541 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape 31 EXHIBIT B
SCHEDULE OF SERVICES and KEY PERFORMANCE INDICATORS

38.a
Packet Pg. 1542 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape 32 Schedule for City of San Bernardino, Parks, Greenways, and Recreation Corridors Landscape Maintenance Work Tasks and Frequency
Work Task Code Work Task Frequency
1 litter collection from turf 13 pest control A daily by 9am M 2 litter collection from cans 14 mole hill flattening / hole fill B weekly by Friday N 3 mowing 15 minor tree trimming C every two days O
4 edging 16 lock/gates inspection D 3x a week P
5 sidewalk sweeping/blowing 17 overseeding E every two weeks Q 6 plant/bush/shrub trimming 18 bench/picnic table power washing F monthly (by 30th) R 7 fertilization (plants, bushes) 19 plant replacement G annually S 8 weed abatement 20 doggie bag replacement H every 6 months T 9 playground inspection 21 ballfield fence edging I daily by 3pm U 10 irrigation inspection/repair 22 aerification J daily by 12 noon V 11 backflow inspection 23 courts power washing (tennis, etc.) K as needed W 12 landscape bed raking 24 monument/signs power washing L every 3 months X Work Task Codes (see legends below for task and
frequency)
(Example: 1A = litter collection from turf
daily by 9am)
Park Name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

1. AL GUHIN PARK A A B B A H H B A I A E E A F A G B K A B H E F

2. ANNE SHIRRELS PARK A A B B A H H B A I A E E A F A G B K B H E F

3. BLAIR PARK A A B B A H H B A I A E E A F A G B K B H E F

4. BOBBY VEGA PARK A A B B A H H B A I A E E A F A G B K H E F

5. BRYCE HAYNES PARK A A B B A H H B A I A E E A F A G B K H F

6. CAMPO SANTO CEMETERY/PARK A A B B A H H B A I A E E A F A G B K H E F

7. COLONY PARK AND FIELD A A B B A H H B A I A E E A F A G B K B H E F

8. DELMANN HEIGHTS PARK AND
CENTER

A A B B A H H B A I A E E A F A G B K H F

9. ENCANTO PARK AND FIELD A A B B A H H B A I A E E A F A G B K B H E F

10. FIFTH STREET SENIOR CENTER A A B B A H H B A I A E E A F A G B K H E F

11. FELDHYM LIBRARY A A B B A H H B A I A E E A F A G B K H E F

12. FRED SPELLACY PARK A A B B A H H B A I A E E A F A G B K H E F

13. GUADALUPE-SAL SAAVEDRA FIELD A A B B A H H B A I A E E A F A G B K B H E F

14. GUTIERREZ FIELD A A B B A H H B A I A E E A F A G B K B H E F

15. HAMPSHIRE GREENWAY/DOG PARK A A B B A H H B A I A E E A F A G B K A H E F

16. HARRISON CANYON PARK A A B B A H H B A I A E E A F A G B K H E F

17. HORINE PARK A A B B A H H B A I A E E A F A G B K H E F

38.a
Packet Pg. 1543 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 :
33 Schedule for City of San Bernardino, Parks, Greenways, and Recreation Corridors Landscape Maintenance Work Tasks and Frequency
Work Task Code Work Task Frequency
1 litter collection from turf 13 pest control A daily by 9am M 2 litter collection from cans 14 mole hill flattening / hole fill B weekly by Friday N 3 mowing 15 minor tree trimming C every two days O
4 edging 16 lock/gates inspection D 3x a week P
5 sidewalk sweeping/blowing 17 overseeding E every two weeks Q 6 plant/bush/shrub trimming 18 bench/picnic table power washing F monthly (by 30th) R 7 fertilization (plants, bushes) 19 plant replacement G annually S 8 weed abatement 20 doggie bag replacement H every 6 months T 9 playground inspection 21 ballfield fence edging I daily by 3pm U 10 irrigation inspection/repair 22 aerification J daily by 12 noon V 11 backflow inspection 23 courts power washing (tennis, etc.) K as needed W 12 landscape bed raking 24 monument/signs washing L every 3 months X

Work Task Codes (see legends below for task and
frequency)
(Example: 1A = litter collection from turf daily by 9am) Park Name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

18. HUDSON PARK A A B B A H H B A I A E E A F A G B K H E F

19. JACK REILY PARK A A B B A H H B A I A E E A F A G B K H E F

20. LA PLAZA PARK A A B B A H H B A I A E E A F A G B K H E F

21. LITTLEFIELD/SHULTIS PARK A A B B A H H B A I A E E A F A G B K H E F

22. LYTLE CREEK PARK/COMMUNITY
CENTER

A A B B A H H B A I A E E A F A G B K B H E F

23. MEADOWBROOK FIELDS A A B B A H H B A I A E E A F A G B K B H E F

24. MEADOWBROOK PARK A A B B A H H B A I A E E A F A G B K H E F

25. NEWBERRY PARK A A B B A H H B A I A E E A F A G B K H E F

26. NICHOLSON PARK (COMMUNITY CENTER

CLOSED)

A A B B A H H B A I A E E A F A G B K B H E F

27. NORTON GYM A A B B A H H B A I A E E A F A G B K H E F

28. NUNEZ PARK/POOL A A B B A H H B A I A E E A F A G B K B H E F

29. PALM FIELD A A B B A H H B A I A E E A F A G B K B H E F

30. PERRIS HILL PARK A A B B A H H B A I A E E A F A G B K B H E F

31. PIONEER CEMETERY A A B B A H H B A I A E E A F A G B K H E F

38.a
Packet Pg. 1544 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 :
34 Schedule for City of San Bernardino, Parks, Greenways, and Recreation Corridors Landscape Maintenance Work Tasks and Frequency
Work Task Code Work Task Frequency
1 litter collection from turf 13 pest control A daily by 9am M 2 litter collection from cans 14 mole hill flattening / hole fill B weekly by Friday N 3 mowing 15 minor tree trimming C every two days O
4 edging 16 lock/gates inspection D 3x a week P
5 sidewalk sweeping/blowing 17 overseeding E every two weeks Q 6 plant/bush/shrub trimming 18 bench/picnic table power washing F monthly (by 30th) R 7 fertilization (plants, bushes) 19 plant replacement G annually S 8 weed abatement 20 doggie bag replacement H every 6 months T 9 playground inspection 21 ballfield fence edging I daily by 3pm U 10 irrigation inspection/repair 22 aerification J daily by 12 noon V 11 backflow inspection 23 courts power washing (tennis, etc.) K as needed W 12 landscape bed raking 24 monument/signs washing L every 3 months X Work Task Codes (see legends below for task and
frequency)
(Example: 1A = litter collection from turf daily by 9am) Park Name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

32. RONALD REAGAN PARK A A B B A H H B A I A E E A F A G B K H E F

33. SECCOMBE LAKE PARK A A B B A H H B A I A E E A F A G B K B H E F

34. SPEICHER PARK (PATTON SOUTH) A A B B A H H B A I A E E A F A G B K B H E F

35. STERLING BEAUTIFICATION

GREENWAY

A A B B A H H B A I A E E A F A G B K H E F

36. TOM GOULD PARK A A B B A H H B A I A E E A F A G B K H E F

37. TOM MINOR PARK A A B B A H H B A I A E E A F A G B K H E F

38. WILDWOOD PARK/DOG PARK A A B B A H H B A I A E E A F A G B K A B H E F

39. 40.

41. 42.

43. 44.

45. 46.

47. 38.a
Packet Pg. 1545 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 :
35 38.a
Packet Pg. 1546 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 :
-36-

KEY PERFORMANCE INDICATORS OR PERFORMANCE REQUIREMENTS

1. Performance Expectations
• A Performance Measurement Plan (“Performance Plan”) will be developed by the City’s Public Works Department and will be reviewed on a quarterly basis. • Consultant will track and document all performance measures identified in the Performance Plan. Measures will include, but a not limited to the measures listed below:
• Consultant will develop and distribute, electronically, a monthly summary report showing the current status and 12-month trend of each performance measure • Consultant will attend quarterly meetings scheduled by the City’s Public Works Department and present and discuss performance measures • Consultant will track all cost savings for all orders requested by Waste Resources and will report their total Cost Savings on a quarterly basis

2. Performance Measures

1. Safety:
a. Definition: the condition of being protected from or unlikely to cause danger, risk, or injury
b. Safety Measures is related to PW projects when a contractor is conducting work on a county facility and/or delivery materials and services to a county facility

2. Quality:
a. Definition: the standard of something as measured against other things of a similar kind; the degree of excellence of something.
b. Quality Measure is related to final result of a product or service. Ex. was the monitor installed correctly, crooked, upside down? Were monthly/annual inspections done correctly/on time, were they incomplete.

3. Cost Savings:
a. Definition: a reduction in expenses, especially in business b. Cost Savings Measure is related savings that a vendor makes and passes on to the County.

4. On-Time Delivery:
a. Definition: On Time Delivery or OTD refers to a key performance indicator measuring the rate of finished product and deliveries made in time. This rate is expressed in a total number of units delivered within a set period defined by the customer and the supplier.
b. On-Time Delivery measure is related to service contracts, were the samples delivered on time to the lab. This can also refer to pick-up services such as with environmental contracts that deal with hazardous samples

38.a
Packet Pg. 1547 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape -37-

EXHIBIT C
BOND
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, (hereinafter referred to as the “City”) has awarded to _________________________, (hereinafter referred to as the “Contractor”) an agreement for Contract No._________, (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by the City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.

The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under

38.a
Packet Pg. 1548 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape -38-
the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

38.a
Packet Pg. 1549 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape -39-
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)

38.a
Packet Pg. 1550 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape -40-
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

38.a
Packet Pg. 1551 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape -41-
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.

END OF PERFORMANCE BOND

38.a
Packet Pg. 1552 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape Payment Bond (Labor and Materials).

KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401 (hereinafter designated as the “City”), by action taken or a resolution passed ___________________ , 20_____, has awarded to ________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: Contract No.____________ (the “Project”); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of

38.a
Packet Pg. 1553 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title

38.a
Packet Pg. 1554 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

38.a
Packet Pg. 1555 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

END OF PAYMENT BOND

38.a
Packet Pg. 1556 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement [Revision 1] (9043 : Agreement with Parkwood Landscape RFP# F-22-28 B
BID OPEN: 03/15/2022
BID Q&A: 03/29/2022
BID CLOSE: 04/12/2022

Page 1 of 57 ends

Mayor and City CouncilJune 15, 2022

Mayor and City Council
June 15, 2022