Mayor and City Council
August 17, 2022

Construction Inspection
On call and full time specialty construction inspection can be provided for Capital Improvement Projects consisting of streets, storm drains, water, sewer, traffic signals, traffic signs, pavement markings, maintenance projects, and addition construction projects.

Document Management
Computerized document management system for filing, storage, and retrieval of all construction documents and correspondence, including daily construction activity reports, RFIs, change orders records, contractor submittal and shop drawing logs, meeting minutes, invoice and progress payment records, etc.

Administrative/Secretarial Support
GK & Associates also provides as-needed support by professional administrative staff well versed in construction related services.

Experience in Resolving Contract Disputes
GK & Associates ’ team members hav e successfully resolved several contract disputes on construction projects in a very organized fashion through a deeper working knowledge of the design and construction phase, while at the same time maintaining job site safety standards, surrounding community issues and protecting City’s standards. This process has been implemented by keeping an objective, fair, consistent and efficient partnering approach to all contract disputes, and keeping all stakeholders/parties interest in mind.

Quality Control/Assurance
GK & Associates’ Quality Assurance plan includes construction work to be in conformance with the Plans and Specs, keeping in m ind that the contractor s proceed with the construction work completely within City ordinances, and standard specifications for Public Works projects. The plan includes clearly identifying field activities, task assignments, and responsibilities for each team representative and all field activities to be monitored according to the QA/QC plan, selected for the project in following design, budget tracking controls, regular team meetings and regular reporting to the City.

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City of San Bernardino Capital Improvement
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Project Understanding

The City of San Bernardino is see king a qualified consultant to provide Capital Improvement Projects Inspection Services for the City’s Public Works Engineering Division . Projects within the 5 -year Capital Improvement Program consist of improvements on long term and short term assignments for streets, storm drains, traffic, water, sewer, pavement markings and maintenance projects.

Scope of Work

Our scope of work is focused on delivering Capital Improvement Projects Inspection services in accordance with your RFP requirements. We have carefully reviewed all of the scope requirements under the RFP – Staff Augmentation Capital Improvement Projects Inspection Services for the Capital Improvement Program and are fully prepared to fill all of your needs as described in the RFP.

GK & Associates Public Works Inspection Services include:
• Provide one or more qualified Contract Inspectors on an as-needed basis • Perform Constructability review and prepare response n writing with recommended modifications to be incorporated prior to receipt of bids
• Inspect construction of CIP projects assigned including but limited to streets, curbs, gutters, storm drains, sewers, sidewalks, water lines, alleys, traffic signals, bridges, and so on. • Testing and reporting on construction materials
• Determine whether co nstruction and inspection are in conformity with safety regulations; all work not in accordance with plans and specifications will be stopped for noncompliance • Prepare final punch list and schedule final inspection • Investigate complaints
• Attend all as-needed meetings
• Compose daily reports on progress of work
• Assist the City Engineer in the evaluation of recommended changes to the work; Inspector will not have authority to authorize changes
• Deliver, pick up and reviews plans and specifications prior to and during the project.

Scope of Services

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EDUCATION/TRAINING
MBA, PKE, Presidential Key
Executive Program
Business Administration
MSc, Biology/Environmental Sciences
Construction Management Training

MEMBERSHIPS
APWA Board Member for Street
and Technology

Metro Centre Association Board
Member

Registered Environmental Assessor

INDUSTRY TENURE
30+ years

GHAZALA KHAN
Project Principal

Summary of Experience
Ms. Khan has been directly involved in providing Program Management and Construction Management Support Services to municipal clients for over 29 years. These services have typically covered all aspects of construction contract administration for timely and successful project delivery. As such her experience includes: quality control inspection, cost and schedule control, document management, change order estimates and negotiations, claim resolutions, partnering/teambuilding workshops, interagency coordination liaison, community outreach, and dispute resolution.

Ms. Khan is currently working as principal- in-charge for Construction Management and Inspection services to the Inland Empire Utilities Agency which includes providing Construction Managers, Inspectors and Engineers for managing construction of CIP projects at RP4 and RP1. She has also provided asset planning and management, asset valuations, infrastructure condition assessments, and business process improvements for Los Angeles Department of Water and Power. Ms. Khan was also the project manager for City of San Diego, Water Department that includes developing asset hierarchies, updating asset inventories, creating com prehensive asset registers, determining asset criticality and establishing asset replacement values.

Relevant Project Experience
Ms. Khan’s Plan check experience includes the following:

City of Banning:

Mountain Avenue/ Wilson Avenue, Peppertree Apartments ($11.4K) • Mountain Avenue Tract Homes Project ($19.4K)
• Banning Petroleum ($4.4K)
• Tract Homes Project ($13.1K)
• Fiesta Homes Project ($11K)
• Mini-warehouse and storage ($4.7K)
• Tract No. 29233, plan check services for a 10-lot subdivision ($3.5K) • Tract No. 31833, plan check services for 17-lot subdivision ($6.5K) • Tract No. 31834, plan check services for 18-lot subdivision ($5.7K) • Tract No. 31835, plan check services for 33-lot subdivision ($10.4K) • Tract No. 30774, Cameo Homes ($16K)
• Tract No. 32175, King Street ($3.2K)
• Tract No. 30642, plan check services ($9K)
• Tract No. 31748, plan check services ($4.3K)

City of Lancaster:
• Traffic Control Plan Check Services for Tract No. 061225 • Traffic Control Plan Check Services for Storm Drain & Water for Tract No. 60614 • Traffic Control Plan Check Services for Tract No. 54025

Key Personnel

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• Traffic Control Plan Check Services for Tract No. 61206 • Traffic Control Plan Check Services for Tract Nos. 54369, 54370, & 54370-2 • Traffic Control Plan Check Services for Tract No. 61920 • Traffic Control Plan Check Services for Tract No. 54411 and 62326 • Traffic Control Plan Check Services for Tract No. 54370/PM27135 • Plan checking services for Subdivision Improvement for Tract No. 53229

 Inland Empire Utilities Agency: Construction Management Service s which includes their RP -4, RP -1 facilities including pump stations, reservoirs, and several pipelines located in the agency’s jurisdiction.  City of Brea: Construction Management and Inspection Services for Reservoir, Pump Station, street rehabilitation and development work.
 City of Downey: Construction management and Inspection services for street rehabilitation and Traffic Signal update and new construction.
 City of Glendale: Construction management and Inspection services for Traffic signal updates incl uding installation of fiber optic cameras throughout the City.  City of South Pasadena: currently managing construction management and inspection services for Water, Sewer, street including Curb/Gutter and Sidewalk projects.  City of Bradbury: Asset inventor y, condition assessment, asset valuations and replacement planning, and interdepartmental coordination related to GASB 34 compliance work.  City of Pico Rivera: Principal-in-Charge for several Construction and Inspection services for infrastructure projects. In addition provided engineering staff augmentation for Water Department, Engineering Department and Maintenance Department.
 City of Lancaster: Project Management and Inspection services for City wide Projects including Street Rehabilitation, Development projects and Traffic Signal updates.  City of Whittier: Construction Management Services for several water and sewer pipeline projects, Construction Management Services for replacement of water pipeline projects.  City of Baldwin Park: Construction Management services for street rehabilitation and construction of Teen Center.
 City of Diamond Bar: Construction Management for the construction of Community Center.  City of Las Vegas: Construction Management Services for Las Vegas Convention Center.  City of Temecula: Program/Construction Management for Temecula Medical Building,  City of Compton: Construction Management Services for Street Rehabilitation and traffic signal upgrades.  City of Norwalk: Construction Management Services for street rehabilitation and pump station  City of Colton: City Museum Constructability Review and Contract Claim Review and Resolution Services, Right-of-Way negotiation services and field investigation for the widening of Fairway Avenue. In addition she has managed Construction Management and Inspection Services for Missing Link Project, on several streets involving project design with sidewalk, curb and gutter.

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EDUCATION/TRAINING

California State University, San
Bernardino, California
Westec College, ACCSCT, Pomona,
California

Traffic Signal Operations Specialist –
TSOS
Traffic Signal Inspection – TSI
Certified Public Works Infrastructure
Inspector – CPII (Pending)

PROFESSIONAL ORGANIZATIONS

Institute of Transportation Engineers
(ITE)
International Municipal Signal
Association (IMSA)
American Public Works Association
(APWA)

INDUSTRY TENURE
26 years

DAVID ALCALA
Traffic/Communications Inspector

Summary of Experience
Mr. Alcala has over 30 years of in -depth and deta iled working knowledge and experience of Inspecting, and managing federally funded Public Works projects. He has worked on projects that include Construction traffic control to ensure compliance with applicable codes and standards, in particular for CAMUTC D. He has inspected several projects performing compliances with applicable regulatory requirements, BMP, and air regulatory compliance. He has made sure that all concrete improvements, electrical improvements, and AC Paving, fiber - optic communications, installation and testing are completed and documented on the field review documents.

Mr. Alcala is extremely familiar with City of Downey Standards along with Caltrans and Public Works Standards and Specs. He has inspected materials and equipment upon de livery for compliance with construction contract Documents. He has closely monitored compaction, material and concrete cylinder and other needed testing results to make sure the contractor is within compliance requirements, along with preparing final punch list items.

Relevant Experience
Agency: City of Norwalk
Contract Title: Studebaker Road, Rosecrans Ave to Alondra Blvd Traffic Signal Project Scope of Services: Mr. Espinoza was the Inspector on the Traffic Signal project on Studebaker Road. This Federally Funded project included upgrading the signal hardware, installing new pedestrian countdown signal heads, installing fiber optic interconnect, installing ADA compliant curb ramps, and updating the signal timing coordination. His duties included completion of daily reports, with supporting pictures on daily basis.

Agency: City of Downey
Contract Title: Paramount Blvd Traffic Signal and Safety Enhancements Improvement Project Scope of Services: Mr. Alcala inspected the Traffic Signal and Safety Improve ment Project from the intersections of Paramount Boulevard at Gardendale Street, Quill Drive/Quoit Street, Alameda Street, Stewart & Gray Road, Brookmill Road, Firestone Boulevard, 3th street, 5 th street, 7th street, Florence Avenue, Lubec Street, Suva Str eet, Gallatin Road, and I -5 Freeway N/B off -ramp. The project was federally funded through Federal Highway Safety Improvement Program (HSIP) Cycle 7 funds. His duties included preparation of daily logs and the inspection of installed elements of the projec t including the proper staging of traffic control, work site safety and verification of man power used on the project, while keeping constant communication with the City and all involved stakeholders.

Agency: City of Downey
Contract Title: Paramount Blvd Fiber Optic/Communication Project Scope of Services: Mr. Alcala inspected projects that consisted of modification of existing traffic signals and the installation of fiber optic conduit, vaults, manholes, pull boxes and cable for the City of Downey Public Works Department. These projects modified, upgraded and connected several existing traffic signals along Paramount Blvd to tie into the existing fiber optic system. He was responsible for the preparation of daily logs and the inspection of installed elements of the project including the proper staging of traffic control, work site safety and verification of man power used on the project, such as traffic signals and lighting, grading and paving, water, sewers, storm drains and landscape irrigation. Mr. Alca la reviewed and observed traffic control to ensure public safety and compliance

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with applicable codes and standards including the California Manual of Uniform Traffic Control Devices (CAMUTCD) and Work Area Traffic Control Handbook (WATCH).

Agency: City of Downey
Contract Title: Bellflower Blvd Fiber Optic/Communication Project Scope of Services: Mr. Alcala inspected the installation of fiber optic conduit, vaults, manholes, pull boxes and cable for the City of Downey Public Works Department. This project connected the City of Downey Maintenance Yard and the Water Facilities Yard into the city’s existing fiber optic communications system. It included the installation of conduit, cables and pull boxes as well as the integration with an existing vault in Bellflower Blvd. He was responsible for the preparation of daily logs and the inspection of installed elements of the project including the proper staging of traffic control, work site safety and verification of man power used on the project.

Agency: City of Downey
Contract Title: Imperial Highway Traffic Signal Upgrades and Fiber Optic/Communication Project Scope of Services: Mr. Alcala
Inspected the modification of existing traffic signals and the installation of fiber optic conduit, vaults, manholes, pull boxes and cable for the City of Downey Public Works Department. The project modified, upgrade and connect several existing traffic signals along Imperial Highway from the eastern city limits to the western limits. Tied into the existing fiber optic system at Paramount and installed a hub at Woodruff for a future project. He was r esponsible for the preparation of daily logs and the inspection of installed elements of the project including the proper staging of traffic control, work site safety and verificati on of manpower used on the project.

Agency: City of Burbank
Contract Title: Three Traffic Signal Modification Inspection, Project BS1399 Scope of Services: Mr. Alcala was the Construction Manager for the modification of three traffic signal modifications that include traffic signal poles, cabinets, pillboxes, conduits, conductors and wiring, video detection systems, lighting and signing and striping improvements. On- going coordination with various utility companies and daily documentation of inspector logs with photos are maintained and verified. As a part of the inspection services, DPA also reviews and verifies construction material submittals, accurately measures bid item quantities and maintains on-site presence to ensure proper construction techniques are being used.

Agency: City of Burbank
Contract Title: Florence Street and Olive Avenue Traffic Signal and Communication Installation, Project BS1414 Scope of Services: Mr. Alcala was the Construction Manager for the installation of a traffic signal at the intersection of Florence Street and Olive Avenue. The traffic signal poles and equipment, street lighting, fiber -optic communications and signing and striping work was inspected and managed on a daily basis. DPA also provided safety inspection related to the removal of a street light, foundation, including coordination with Burbank Water and Power for de -energizing of nearby power lines. The ITS related inspection included the installation of communications equipment such as a fiber optic splice vault, copper and fiber optic cables on Olive Avenue from Florence Street to Buena Vista Street.

Agency: County of Riverside
Contract Title: Downtown Riverside Fiber Optic/Communication Project Scope of Services: Inspected and observed the installation of the F/O conduit, vaults, manholes, pull boxes and cable for Riverside County Information Technology. This project connected several county buildings including the DA’s office, courthouse and jail. Responsible for the preparation of daily logs and the inspection of installed elements of the project including the proper staging of traffic control, work site safety and verification of man power used on the project. Mr. Alcala has also worked on the construction and modification of numerous intersections within the City of Riverside in coordination with this project.

Agency: City of Irwindale
Contract Title: Irwindale and Edna Place

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Scope of Services: Mr. Alcala inspected the installation of a new traffic signal system with video detection, CCTV and railroad preemp tion. This project included cabinet setup, timing upload and interconnect system installation.

Coordination with the Union Pacific Railroad and Metrolink was a major part of this project due to the proximity of the new signal to the existing tracks. Respon sible for the preparation of daily logs and the inspection of installed elements of the project including the proper staging of traffic control, work site safety and verification of man power used on the project.

Agency: City of Glendale
Contract Title: Traffic Signal Upgrade
Scope of Services: Mr. Alcala provided the inspection of traffic signal modifications at the intersections of Sonora Avenue/Air Way and Grandview Avenue/Air Way. In addition to the traffic engineering components, Mr. Alcala also inspected with the Curb and Gutter installation, sidewalks and minor AC pavement installation. He provided construction inspection services on Traffic Signal updates with video, fiber optics and other equipment. He also provided inspection services on several street related Rehabilitation projects.

Agency: City of Glendale
Contract Title: Metrolink Crossings at San Fernando Road/Broadway-Brazil Street & Chevy Chase Drive Scope of Services: Mr. Alcala inspected traffic signal modification and copper/fiber interc onnects system. In addition, to the traffic engineering components, the project consisted of the inspection of AC pavement, curb and gutter, catch basins, and drop inlets. As a part of the project, the installation of an 18” storm drain along San Fernando Road was also inspected.

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EDUCATION

Antelope Valley College

CERTIFICATIONS

OSHA 10

Tanker Endorsement

Commercial Class A Driver’s License

CPR/First Aid/ AED

OSHA 510 Industry Standards for the
Construction Industry

California Contractors License #875766

California Teaching Credentials in
Construction and Building Trades

INDUSTRY TENURE

20+ years

JUAN ABAD
Construction Inspector

Summary of Experience
Mr. Abad has over 20 years of providing Inspection and Quality Control on Public Works Capital Improvement Projects. As a public works inspector, he has worked on various street, water, and traffic projects consisting of curb and gutter, ADA improvements, driveway approached, catch basins, sidewalks and center medians per specific City’s standard and specifications and Greenbook standards. He has inspected numerous Capital Improvement Projects as well as Caltrans freeway work, Metro Division, Housing tracts, private and commercial concrete site improvements.

Relevant Experience
Agency: City of Victorville
Contract Title: Victorville Wellness Center
Scope of Service: Mr. Abad provided inspection services for Phase one of the Victorville Wellness Center that included site grading, utilities, concrete, off site street improvements. Phase one construction cost was $4.8 million. Mr. Abad’s responsibilities included, but were not limited to, daily inspection reports with site pictures, quality control, reviewing the plans and specs, and communications with contractor, City and all involved parties.

Agency: City Of Lancaster
Contract Title: 15th West Lancaster Roundabout
Scope of Service: Mr. Abad provided services for the Public Works Capital Improvement, 15th West Lancaster Roundabout which consisted of curb and Gutter, ADA handicap access ramps, bike pathway, sidewalks, parkway drains, stamped/colored concrete, and center medians. The project cost was $2 million. His responsibilities included but were not limited to daily inspection reports with site pictures, quality control, reviewing the plans and specs, and communications with contractor, City and all involved parties.

Agency: City of Palmdale
Contract Title: Avenue S Widening
Scope of Service: Mr. Abad reviewed plans to ensure they complied with codes regulations and local standards and specifications, completed inspection reports and maintain detailed records of work performed, provided effective communication for the Public Works Capital Improvement Project of Avenue S Widening. This project consisted of Curb and Gutter, ADA handicap access ramps, catch basins, commercial driveways,
sidewalks, center medians, stamped/colored concrete. The project cost was $11 million.

Agency: City of Palmdale
Contract Title: Rancho Vista Widening
Scope of Service: Mr. Abad provided his services for the Public Works Capital Improvements Project of Rancho Vista Widening which consisted of Gap Closure, Curb and gutter, sidewalks, bike paths, catch basins, commercial driveways, stamped/colored concrete, center medians, and ADA handicap access ramps. The project cost was $7 million. Mr. Abad provided daily reports, quality control, revi ewed plan to ensure compliance and provide timely communications with all involved parties.

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Agency: City of Palmdale
Contract Title: Yellen Park
Scope of Service: Mr. Abad provided his service the $4 million project which consisted of Curb and Gutter, sidewalks, bike pathway, catch basins, parkway drains, ADA access handicap ramps, v -gutters, ribbon gutter, rip rap, colored concrete, commercial driveways. Mr. Abad provided daily reports, quality control, reviewed plan to ensure compliance and provide timely communications with all involved parties.

Agency: City of Santa Clarita
Contract Title: Old Town Newhall Improvements
Scope of Service: Mr. Abad provided his service for the $2.2 million capital improvement project which consisted of Curb and gutter, sidewalks, ADA handicap access ramps, commercial driveways, catch basins, parkway drains, colored concrete. Mr. Abad provided daily reports, quality control, reviewed plan to ensure compliance and provide timely communications with all involved parties.

Agency: City of Lancaster
Contract Title: Avenue I and 10th Street West Improvements Scope of Service: Mr. Abad provided his services for the $2 million Capital Improvement Project which consisted of curb and gutter, ADA handicap access ramps, sidewalks, commercial driveways, catch basins, bike pathways, colored/stamped concrete, center medians. Mr. Abad provided daily reports, quality control, reviewed plan to ensure compliance and provide timely communications with all involved parties.

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EDUCATION

Bachelors of Science in Soil Science

CERTIFICATIONS

• ICC Soil
• ICC Reinforced Concrete
• ICC Masonry
• ICC Fireproofing
• ACI 1
• DSA Masonry
• ACI Certification
• 20+ Caltrans Certifications

INDUSTRY TENURE:

25+ years

NAZAR TOMA
Senior Inspector

Summary of Experience
Mr. Nazar Toma has over 25 years’ of experience in performing inspection services on numerous projects consisting of grading, paving, concrete, masonry, water, street, and other city department construction projects on a routine basis. He has worked with several cities in Southern California, Caltrans, Schools and Airports. Nazar is well versed in determining work quality, safety, and Caltrans and city standards compliance.

Nazar works effectively with contractors and owners to resolve issues for final approval and is a dependable inspector, making sure all projects are completed efficiently and effectively while making sure contractors comply with change orders. He has coordinated the scheduling of work between developers, contractors, and city departments. In his years as Construction Inspector he was responsible for several large projects consisting of testing, cost effectiveness of a project, quality control and quality assurance, keeping daily reports, plan review, corresponding with contractor and other Caltrans, school district, or City departments and ensuring public safety on the job site and surrounding streets.

Relevant Experience
Agency: Edison – City of Palmdale
Contract Title: Tehachapi Renewal Transmission Project (TRTP) Scope of Services: Mr. Toma was the civil inspector responsible for inspecting grading, building retailing walls, access roads and following change orders, as well as daily inspection reports and communications with all involved parties.

Agency: Caltrans
Contract Title: I-5 Interstate Concrete Replacement
Scope of Services: Mr. Toma was the Caltrans Inspector for the $15 million project. His Responsibilities included Quality Control and inspections of soil, concrete, field, batching plant, sampling and aggregate testing.

Agency: Caltrans
Contract Title: Interstate I-405 Widening
Scope of Services: Mr. Toma provided inspection for the $1 billion project. His responsibilities consisted of but were not limited to Quality Control, testing s oil and concrete, and following change orders, as well as daily inspection reports and communications with all involved parties.

Agency: Caltrans
Contract Title: Sound Masonry for Retaining Walls on Insterstate I-805 Scope of Services: Mr. Toma provided inspection for the $2 million project. His main responsibilities covered Q/A and Q/C masonry inspection, as well as daily inspection reports and communications with all involved parties.

Agency: Caltrans
Contract Title: HOV Lane I-805 Addition
Scope of Ser vices: Mr. Toma provided inspection for the $100 million project. His responsibilities included but were not limited to inspections of concrete paving and rapid set concrete, as well as daily inspection reports and communications with all involved parties.

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Agency: Caltrans
Contract Title: French Valley Off-ramp Project
Scope of Services: Mr. Toma provided inspection for the $100 million project which included embankments, retaining walls, water, sewer concrete, and asphalt. His responsibilities consisted of testing and inspections of soil, concrete, batching plants, asphalt and following change orders all under Caltrans Standards.

Agency: Caltrans
Contract Title: San Ysidro Railway Station Improvement/Double Track Railway Scope of Services: Mr. Toma was t he Caltrans Inspector for the $15 million project (Phase 1). His responsibilities were Quality Control and inspection of soil, reinforced concrete, grading utility- including water and sewer.

Agency: Caltrans
Contract Title: Sorrento Valley Railway Station Improvements/ Double Track Railway Scope of Service: Mr. Toma provided inspection services for the $2 million projects. His main responsibilities covered Quality Control and Quality Assurance Masonry inspection, as well as daily inspection reports and communications with all involved parties.

Agency: City of San Diego
Contract Title: Ramona Main Water Line
Scope of Services: Mr. Toma was the ICC Inspector for the Ramona Water Main Line Upgrades which included building a new steel water tank and main water line (1.0 mile). My responsibility covered soil grading, backfill and concrete reinforcement.

Agency: Camp Pendleton
Contract Title: Camp Pendleton Improvements
Scope of Services: Mr. Toma was the Civil Inspector for a $120 million project which included 6 buildings and over 800 marine bachelor rooms. The project also included a recycled water treatment plant, and water and sewer pipelines (total 1.5 mile). His responsibilities as project inspector covered soil grading, concrete reinforcement, masonry, utility backfill, parking lots, asphalt paving as well as following change orders, and documenting follow up with project cost, time and progress.

Agency: Carlsbad High School Project
Contract Title: Carlsbad High Football Field Project
Scope of Services: Mr. Toma was the Civil Inspector for building a new football stadium with bleacher seating, new classrooms, a water treatment plant and new utility lines. As project inspector, he covered soil grading, concrete, masonry, micro pile drilling, installations, paving asphalt, and following change orders.

Agency: San Diego School District
Contract Title: DSA Inspector – Wilson Middle School Project Scope of Services: Mr. Toma was the DSA Inspector for a $100 milli on project of a new school. His Responsibilities included inspections of the soil, concrete, and DSA masonry.

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TRAINING/LICENSES

Reinforced Concrete Special
Inspector, International Code Council

Pre-stressed Concrete Special
Inspector, International Code Council

ACI Concrete Field Testing
Technician Grade 1, American
Concrete Institute

Structural Masonry Special Inspector,
International Code Council

Structural Steel and Welding Special
Inspector, International Code

Spray-Applied Fireproofing Special
Inspector, International Code Council

Commercial Building Inspector,
International Code Council

INDUSTRY TENURE:

35+ years

TONY PEREZ
Senior Inspector

Summary of Experience
Mr. Perez has over 35 years’ of extensive and diversified experience servicing the public as a Certified Construction and Building Inspe ctor with a strong background in all facets of construction. His experience includes roadwork, freeways, hospitals, schools, parking structures, multi- story buildings, communication towers, water treatment plants, public work facilities, buildings, undergr ound sub -stations, subways and retrofitting of existing bridges and buildings.

He is experienced with performing numerous street improvement projects including grading, raised medians, landscaped medians, street resurfacing and sewer/water projects and s treet widening and signal modifications.

Tony has been responsible for many street rehabilitation projects which have included asphalt, concrete work and several new and existing street overlay projects.

Tony has coordinated the scheduling of work between developers, contractors, site testing, city departments and private inspection agencies.

In his years as Construction Inspector he was responsible for Caltrans Projects, City contracts, keeping daily diaries, corresponding with contractor and other City d epartments and ensuring public safety on the job site and surrounding streets. He
documented contractor’s daily activities,
equipment and manpower.

Mr. Perez performed sampling of concrete (test cylinders) and laboratory testing for transfer and 28 -day strength tests, unit weight, slump, air content also performed sand and rock graduations, organic impurities and documentation of all quality control work. Inspection of all incoming materials, cement, reinforcing steel, pre - stressing tendons Inspection of placement of reinforcing steel, pre -stressing tendons along with tendon elongation verification/documentation, concrete both during the batching and placement, verification of steel forms for sizes, lengths, verification of induced camber when required, utilization of accelerated curing by the use of live steam.

Relevant Experience
Agency: City of Glendale
Contract Title: Construction Inspector
Scope of Services: Mr. Perez inspected of Pile Driving & tie backs for two sub-terrane parking structures on Brand Avenue in the City of Glendale, California. Inspection of reinforcement, shot-Crete placement of walls, pool bottom and the epoxy bolt installation for the tracks for Jurassic Park ride also placement of reinforcement, concrete, tendon, stressing/documentation and false work for a parking structure.

Agency: City of West Hollywood
Contract Title: Inspector
Scope of Services: Tony inspected above ground drilling and placement of PVC piping for chemical grout injection to stabilize tunnel heading during the tunneling operation, monitoring of chemical grout during its application, daily inspection of traffic control, lane closures, and detours along Lankershim Blvd, West Hollywood, California. He also performed inspection of reinforcement, concrete, electric al placement of cross passage inverts, walls, columns and beams, verification of false work installation, and inspection of sub -grade, base and hot mix asphalt for street replacement as required or determined, Portland cement concrete sidewalks, curbs, gut ters, cross gutters, and islands.

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Agency: City of Corona
Contract Title: Inspector
Scope of Services : Mr. Perez performed inspection of post- tension tendons along with tendon stressing/documentation, reinforcement and concrete placement for house slabs al so sub-grade, base and hot mix asphalt (batch plant and field) for streets along with infrastructure improvements, Portland Cement Concrete curb and gutter, sidewalks and utilities.

Agency: City of Murrieta
Contract Title: Construction Inspector
Scope of Services: Under Caltrans specifications, project included the improvements of two interchanges done in coordination with the development of the Murrieta Springs Mall. Mr. Perez inspected Bridge false work, reinforcement and concrete placement for bridge, a pproach slabs, abutments, cast in drilled hole piles for bents, concrete curing, and placement of post -tensioned tendons and grouting, partial demolition of existing bridge for tie in, verification of grades, installation of bearing pads. He inspected plac ement of false work, reinforcement, concrete, pre -stressed tendon and elongation/documentation for columns, slabs and beams along with the placement of Concrete curing, placement of post-tensioned tendons and grouting, Structural excavation/ backfill of bents, abutments and retaining walls, barrier/sound wall construction.

Agency: City of Lawndale & Pacific Palisades
Contract Title: Construction Inspector
Scope of Services: Mr. Perez inspected demolition/milling and replacement of asphalt concrete streets for street beautification projects. Portland cement concrete, sidewalks, curbs, gutters, cross gutters, islands. He also inspected sub-grade, base and hot mix asphalt for street replacement as required, and street light signal loops, pavement marking and signage, daily inspection of traffic control, lane closures, and detours.

Contract Title: Bridge Inspector -
405 Sepulveda Pass Widening Project
Scope of Services: Mr. Perez inspected Bridge false work, reinforcement and concrete placement, approach slab s, cast in drilled hole piles for bents and abutments, rebar couplers, formwork, monitoring of concrete cure.

Abutments, back-walls, and bridge decks, erection of pre -cast pre-stressed concrete girders, concrete and steel piles at bridge abutments and bents.

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EDUCATION
B.S. James Madison University,
Communications

CERTIFICATIONS
ACI Field and Laboratory
Technician

Nuclear Gauge Certified

Caltrans 504, 518, 533, 539, 540,
556, 557

INDUSTRY TENURE
30+ years

JOHN THUNE
Construction Manager / Inspector

Summary of Experience
Mr. John Thune II has over 30 years of experience in the construction related trades ranging from laboratory and field testing, special inspection, quality assurance/quality control ( QA/QC) and design services to numerous projects throughout California. He has worked on a variety of projects including airports, roadway and freeway improvements, emergency road repairs, and numerous other public projects. John has served as Field Service s Manager for numerous on‐ call materials testing and inspection projects for numerous cities and agencies throughout Southern California. He has extensive experience with the laboratory testing and/or characterization of construction materials which include, but are not limited to: concrete, asphalt, aggregates, and soils. John has in‐depth knowledge of standard test methods published by ASTM, AASHTO and Caltrans that pertain to the testing and characterization of various construction materials.

John provides in- depth knowledge a nd experience to his role. Having previous project experience with various jurisdictions and agencies, he’s proven to be a valuable asset to oversee and manage City projects. John also has vast experience being the day-to-day point of contact for all projects.

Relevant Project Experience
Agency: City of Anaheim
Contract Title: Underground District #50 Project - Euclid Street from Ord Way to Broadway Scope of Services: Mr. Thune has performed Inspection and Testing Services for the City of Anaheim. This project consisted of installing new conduits and underground structures, cable and transformers to replace degrading direct buried electrical cables. He provided inspection and testing of trench backfill, crushed misc. base rock, and AC paving during this project. John also observed concrete encasement of duct bank and trench backfill compaction efforts of electrical contractor. He worked closely with City of Anaheim Public Works Inspector and Staff.

Agency: City of Orange
Contract Title: Cambridge Street Sewer Improvements Project Scope of Services: Mr. Thune provided inspection and testing services on the contractors QC team. This project consisted of removal of existing facilities and construction of new storm drain, sewer and roadway improvements on Cambridge Street in Orange, CA. He performed inspection and testing of trench backfill, road way aggregate base rock, AC paving, sidewalk subgrade, C&G subgrade, and driveway subgrade. John also completed Field Reports and Field Density Test results being provided to City of Orange Public Works inspectors and project staff.

Agency: Masonic Homes of California
Contract Title: Skilled Nursing Facility, Covina, CA. (OSHPD Project) Scope of Services: Mr. Thune provided inspection and testing of soils during over excavation and re-compaction of foundation soils for this 32-bed Skilled Nursing Facility in Covina. John performed observation and documentation of contractor’s activities in compliance with OSHPD Specifications during underground utility installation. All reports were provided to Resident OSHPD IOR at the end of each day’s work.

Agency: Caltrans District 8
Contract Title: SR‐330 E mergency Repairs, San Bernardino, CA Scope of Services: John was the field services manager for the geotechnical investigat ion for proposed retaining walls along I‐215, north of SR‐210 Segment 11 for civil design firm working for SANBAG and Caltrans District 8.

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Agency: City of Irvine
Contract Title: Jamboree/I-5 Widening and Interchange Improvements Scope of Services: John wa s responsible for scheduling field activities and overseeing the day ‐to‐day quality assurance/quality control for this City of Irvine CIP project. His team provided independent assurance sampling and testing (IAST) for this project. Responsibilities includ ed on demand construction materials testing and geotechnical inspection.

Agency: City of Garden Grove
Contract Title: Five Arterial Street Rehabilitation
Scope of Services: For City of Garden Grove CIP project, John oversaw the rehabilitation including re moval and replacement of failed asphalt concrete, grinding and asphalt concrete overlay with pavement reinforcing fabric. The project scope of work also included removal and replacement of Portland Cement Concrete (PCC) sidewalk, curb, and gutter, cross gutter, drive approaches, curb ramps, and new bus pads.

Agency: City of Anaheim
Contract Title: Tustin Avenue Bridge Widening
Scope of Services: Mr. Thune oversaw the soils and inspection testing services provided for the Tustin Avenue Bridge Widening pr oject at the SR ‐91 Freeway. This two ‐year project involved soils testing and inspection during embankment fills, pile driving, retaining wall backfill, and slope compaction. His team’s field inspectors worked closely with City inspectors to ensure contractor compliance w ith both City of Anaheim Specifications and Caltrans Specifications.

Agency: City of Moreno Valley
Contract Title: On-call Material Testing and Inspection Scope of Services: Mr. Thune was the field services manager for all projects for the City of Moreno Valley requiring QA/QC testing and inspection for on‐call services provided to the City of Moreno Valley.

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City of San Bernardino Capital Improvement
Projects Inspection Services -

EDUCATION/TRAINING

ACI Training
Grade 1, Confined Space Training
Microsoft Excel Levels 1&2

CERTIFICATIONS

Construction Manager (1999)

INDUSTRY TENURE

10+ Years

BRIAN FRENCH
Senior Inspector

Summary of Experience
Mr. French has 10 years of extensive public works inspector experience and quality control. As a public works inspector, he has worked on a sphalt and conventional asphalt overlay projects, storm drain installations and sewer lateral installation projects. His knowledge includes: Green Book and traffic control; knowledge of asphalt concrete and emulsion technologies; catch basin -poured-in-place or precise; junction structures and collars; concrete sidewalks, curbs, gutters, driveway approaches and x -gutters; metal beam guard railing; landscaping; median curbs; concrete, asphalt and rubber pavement; storm drains and sewer construction; SWPPP; sound walls and retaining walls; and channel slope paving. He is also experienced in traffic signal lighting, traffic signal and overhead sign foundations; interconnections and street lights.

Relevant Experience
Agency: City of Bellflower/City of Downey
Contract Title: Foster Road Street Rehabilitation Project Scope of Services: Mr. French was responsible for grading, installing new ADA compliant handicap ramps, traffic control and coordinating field testing of materials. Work includes traffic coordination, paving, landscaping, concrete sidewalks, concrete aprons, signing and striping. The project cost was approximately $756,000 and was funded by local sources.

Agency: City of El Lynwood
Contract Title: Imperial Hwy (from Atlantic Ave. to East City Limits) Street Improvement Project Scope of Services: Mr. French Responsible for grading, earthwork, traffic control and coordinating field testing of materials. Work includes traffic coordination, concrete sidewalks and aprons, cross gutters, paving, utility coordination, landscaping, signing and striping. The project was a $479,000.00 and was funded by federal and local sources.

Agency: Castaic Lake Water Agency, Kern County, CA
Contract Title: Various Capital Improvement Projects
Scope of Services: Mr. French provided full construction management and inspection services for the following capital improvement projects: Groundwater Containment, Treatment Restoration (Treatment) and Groundwater Production Restoration Transmission Mains (Pipelines); Honby Parallel P hase II Rio Vista Treatment Plant Expansion; Kern County Water Agency, Cross Valley Canal Expansion. Mr. French inspected the asphalt paving, concrete pouring of the air vac pads, storm drain installation and backfill, and the installation of a 16in pipeli ne pipe into hangers under a bridge over a river. Other duties included taking pictures, SWPPP, writing daily reports, and making contact with city and water agencies.

Agency: Kern County Water Agency
Contract Title: Cross Valley Canal Expansion
Scope of Services: Mr. French provided construction management and administrative assistance for the construction of this $50 million canal liner rising for 13 miles. The project consisted of five 500 CFS pump stations, siphon removal, canal liner installation, par allel siphons and turnout. Mr. French inspected the asphalt paving, concrete pouring of the air vac pads, and the installation of a 16 inch pipeline pipe into hangers under a bridge over a river. Additional duties included taking pictures, writing daily re ports, and making contact with city and water agencies.

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Agency: Caltrans District 8
Contract Title: SR-60 / SR-91 / I-215
Scope of Services: Mr. French acted as Construction Inspector, and was held responsible for grading, earthwork, surveying, concrete, traffic control and coordinating field testing of materials. Work on this project included:
freeway widening, new bridges, interchange improvements, connector ramps, sound walls, retaining walls, drainage system, traffic coordination, SWPPP, paving, concrete structures, utility coordination, signing and striping.

Agency: Caltrans District 7
Contract Title: On-Call Contact Administration & Construction Engineering, Task Order #4 /#8 Scope of Services: Construction Inspector: As the Construction Inspector Mr. French was responsible for inspection, coordinating testing and construction management. He was also responsible for inspection coordination with the District SWPPP inspectors. In addition, he ensured that the contractors were in compliance with the approved SWPPP plan. Mr. French’s duties included: heavy traffic control and quality assurance; safety, environmental and labor regulations and making sure the work was done in accordance with the plans and specifications.

Agency: Caltrans District 11
Contract Title: I-805/La Jolla Village Drive Interchange Improvements, San Diego, CA Scope of Services: Mr. French currently Serves as the Inspector for this project which he is in charge of AC, concrete pours that aren’t related to the bridge concrete struct ures, overhead signs and foundations, landscaping, relocating utilities and coordinating between different utility companies, setting up compaction tests, checking grades and approving them, drainage systems, checking forms for concrete, checking AC temps/ thickness, quantities, daily reports, pictures, metal beam guard rail removal and installation, SWPPP inspection and reports, traffic control, coordinating with COZEEP, calling in lane closures, and being sure that all work is done to the Caltrans specs/specials/plans. The ($20M construction) Interstate 805 (I-805) La Jolla Village Drive/Miramar Road project will convert the current cloverleaf configuration to a partial-cloverleaf configuration.

Agency: City of Palm Desert
Contract Title: Joint Construction Projects (Volumes 1-4) Scope of Services: As the Construction Inspector, Mr. French was responsible for roadway excavation, subgrades, base work, AC and rubber overlay, temporary and permanent signage and striping. He was also responsible for contractor compliance with specifications and plans for the following projects: Volume 1 - Miles Avenue / Warner Trail Roadway Improvement Plan, Volume 2 - Sanitary Sewer and Storm Drain Project, Volume 3 - Sanitary Sewer Lift Station, Volume 4 - Miles Avenue Transition Line (18').

Agency: City of Palm Desert
Contract Title: Fred Waring Widening Phases 1 & 2
Scope of Services: Mr. French was responsible for the inspection of demolition, roadway excavations, subgrades, base work, AC paving, rubber overlay and fog sea ling. He was also responsible for removal and replacement of sidewalks, curbs, gutters, handicap ramps, sound walls, x-gutters and driveway approaches. He additionally inspected temporary and permanent signage and striping, traffic signals and inter-connections.

Agency: City of Yucca Valley
Contract Title: Various CIP Projects throughout the City Scope of Services: As an Inspector, Mr. French was responsible for roadway excavation, subgrades, base work, inspecting residential permits, taking pictures and writing daily reports.

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City of San Bernardino Capital Improvement
Projects Inspection Services -

EDUCATION/TRAINING

Wesley College Colombo- Sri Lanka

CERTIFICATIONS

IMSA Level III – Traffic Signal

IMSA Level I – Traffic Signal
Construction Inspection

IMSA Level II – Street Lighting

IMSA – Work Zone Safety

Fiber Optic splicing

IMSA Level II – Signs and Markings

LICENSES

(A&P) Air Frame & Power Plant
Federal Aviation Authority USA

California Class C Driver’s License

INDUSTRY TENURE
31+ years

PAT SIVALINGAM
Senior Traffic Inspector

Summary of Experience
Mr. Sivalingam has over 31 years of experience in the inspection of electrical systems for street lighting, traffic signals, and communication systems. His entire career has been with the City of Lancaster Public Works Division. Mr. Sivalingam’s experience includes electrical construction and maintenance, including traffic signal installations and modifications, fiber optic communication system installation, traffic signage, street lighting and conduit, traffic signal coordination timing, and traffic signal equipment. His experience includes installation of fiber optic communication conduit, cable, splice vaults, pull boxes and field communication facilities. He has been r esponsible for installing and modifying traffic signals, including video detection systems, fiber optics and other equipment for the City of Lancaster for the entirely of his Inspection career Inspection.

Mr. Sivalingam has a deep understanding of Caltran s requirements and forms, train traffic operations, Manual of Uniform Traffic Control Devices codes (MUTCD) and Work Area Traffic Control Handbook (WATCH).

With over 30 years under his belt, he is well experienced and aware of all aspects pertaining to the Public Works Division and Inspection requirements, as well.

Relevant Experience
Agency: City of Lancaster
Contract Title: Various Projects
Scope of Services: Mr. Sivalingam inspected projects that consisted of Traffic Signal, Fiber Optics and Street Ligh t Installation and Modification. He managed traffic signal maintenance field staff and traffic signal operations while maintaining and documenting traffic signal operation records such as daily logs, work staging area for safety, and proper placement of tr affic control devices and public safety. Pat also attended all traffic signal pre -construction meeting as well as all new/ upgrade traffic signal construction planning meetings. As a senior inspector he was in charge of inspection and sign- off of new and u pgrade modifications of traffic signal, street light and fiber optic construction. Mr. Sivalingam often inspected fiber optic communication systems installations which included pull boxes and cable installations as well.

His duties for Traffic signal mod ifications and installations included plan check, programming/ maintenance of video detection systems and loop detection, installation and programming of the operation software and timing plans, meeting with the equipment and supply vendors, procure equipment and supplies, prepare department budget, crew training, test and certify conflict monitor units (CMU), meetings with power companies regarding power upgrades and new installations, and met with CALTRANS and rail road agencies regarding the upgrades and modifications within their jurisdiction. Mr. Sivalingam reviewed and observed traffic control to ensure public safety and compliance with applicable codes and standards including the California Manual of Uniform Traffic Control Devices (CAMUTCD) and Work Area Traffic Control Handbook (WATCH).

A few of Mr. Sivalingam’s projects include:
• Metro 2007, 2011 Fiber Optic Cable and Communications System Installation • Traffic Signal Upgrade Modification and Installation, 400 traffic signal video detection upgrade, STPL grant project.
• Left Turn Traffic Signal Upgrades, HSIP grant project

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City of San Bernardino Capital Improvement
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• 128 new traffic signal installations and maintenance operations • Antelope Valley Metro Link Railroad Traffic Signal Upgrade Modification • 11 new school smart crosswalks with rapid traffic signals and maintenance • 18 new rapid flash indication mid-block pedestrian cross walks and maintenance • 21 driver feedback radar sign installations
• 120 traffic signal battery backup systems installations through California Energy project • 70 traffic signal upgrade modification construction
• 2 new traffic signals and 1 traffic signal upgrade for new Costco store • Removal of all copper interconnect traffic signal cables, communication systems and installation of fiber optics cables and systems
• 19000 street light LED upgrades, Southern California Edison grant project • 75 traffic signal intersections with video detection installations and upgrade modifications

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City of San Bernardino Capital Improvement
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The following projects highlight GK & Associates relevant e xperience. We encourage you to contact our client references for their input on the quality of our work and expertise and responsiveness of our staff.

Inland Empire Utilities Agency

Project Description: GK & Associates currently provides IEUA with Construction Management services and has been providing the agency for over ten (10) years. Our staff provides a full range of services including contract administration, document tracking, monitoring and inspection of daily activities, coordination with design consultants on major re -design, change order tracking and negotiations, dispute resolutions, schedule monitoring, multi-agency coordination, review of payment requests, and construction meetings. To specifically appoint one project we have included RP -1. RP-1 is located in the City of Ontario near the intersection of Highway 60 and Archibald Avenue is going through several major expansions to bring the facility to a capacity of 114 million gallons per day. The facility serves the cities of Ontario, Rancho Cucamonga, Upland, Montclair, Fontana and an unincorporated area of San Bernardino County. RP I plant expansion project includes construction of a new laboratory building, an expansion of the cogeneration facilities, a standby power system, improvements t o the digester heating equipment and electric power distribution system and odor control facilities at the plant head works and primary clarifiers.

Reference:

Mr. Jerry Burke
Manager of Engineering/ CM
Inland Empire Utilities Agency
6075 Kimball Avenue
Chino, CA 91708
[email protected]

We regularly receive positive feedback from Inland Empire Utilities Agency about GK & Associates’ and our staff providing exceptional services in line with the Agency's expectations, keeping up the high standards of the Agency, project schedules, budgets and safety standards.

Inland Empire Utilities Agency Project Site Pictures

References

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City of San Bernardino Capital Improvement
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City of Downey

Project Descriptions: GK & Associates is currently providing a variety of construction management and inspe ction services for multiple CIP projects in the City of Downey. Past and current projects vary from minor traffic signal upgrades and modifications to City -wide Fiber Optic installations to full citywide sewer rehabilitation and intersection and roadway wi dening. These projects include street rehabilitations, storm drain systems, major utility "undergrounding" and ADA compliance elements. When a project involves federal funding, GK & Associates’ Inspectors are responsible for maintaining field compliance requirements as well as conducting federally mandated
contractor/employee interviews for "end of project" and certified payroll audits. Quality assurance activities involve inspection of the work including Traffic Signal Upgrades, Street Lighting, A.C . pavement, dry utilities, water, sewer, storm drain, curb and gutter, and sidewalks.

G K & Associates has worked on multiple projects for the City of Downey, including the Firestone Boulevard Water Systems Improvement; Lakewood Boulevard Street and Water System s Improvements; Paramount Boulevard Fiber Optic Installation Project - Phase 1 & 2; Florence Avenue Fiber Optic City -Wide Installation Project; Bellflower/Imperial Highway Street Improvement and Utility Undergrounding Project; and multiple traffic signal m odifications and new installation projects.

References: Mr. Edwin “Ed” Norris
Director Public Works
City of Downey
11111 Brookshire Ave.

Downey, CA 90241-7016
(562) 904-7109

Mr. Desi Gutierrez
Principal Civil Engineer
City of Downey
11111 Brookshire Ave.

Downey, CA 90241-7016
(562) 904-7110

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City of San Bernardino Capital Improvement
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City of Norwalk

Project Description: GK & Associates has previously provided the City of Norwalk with Construction Management and Inspection services for the City of Norwalk Wellhead Facilities and Pipeli nes. The facilities, which are federally funded, will significantly reduce the City’s reliance on the water purchases from MWD. Our involvement on this project has spanned virtually every aspect of project implementation during construction, including overall project coordination, communication, scheduling, estimating, contract document reviews, value engineering, bidding and awarding, contract administration, field inspection, quality control, document maintenance, labor compliance, change orders, progres s payments, progress reports, material testing, equipment and system testing, start up, trouble shooting, federal funding reporting, and contract closeout.

GK & Associates is also currently providing Construction Management and Inspection services for Tra ffic Signal Upgrades. This project is located on Studebaker Road between Rosecrans Avenue and Alondra Boulevard where there are traffic signal improvements along the corridor to modernize 5 intersections to improve safety and traffic flow. These signal improvements will upgrade signal hardware, install new pedestrian countdown signal heads, install fiber optic equipment, install ADA -compliant curb ramps, and update the signal timing coordination. The upgrade of a total of 5 signalized intersections will be inspected and managed by GK & Associates knowledgeable staff.

References:

City of Norwalk Project Site Pictures

Mr. Glen Kau, P.E.

Public Services Director
City of Norwalk
12700 Norwalk Boulevard
Norwalk, CA 90650
Phone: (562)929-5511
[email protected]

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City of San Bernardino Capital Improvement
Projects Inspection Services

3333 Brea Canyon Road, Suite 120
Diamond Bar, CA 91765
www.gkandassociates.com
[email protected]
(909)595-1940

GK & ASSOCIATES
STANDARD HOURLY RATE SCHEDULE 2022

PREPARED FOR CITY OF SAN BERNARDINO

EFFECTIVE FOR ONE YEAR FROM SIGNED CONTRACT DATE

CLASSIFICATION

Construction Inspector

HOURLY RATES

$115

GK & Associates rates are subject to yearly increases based on the Consumer Price Index (CPI).

Sincerely,

Ghazala Khan
President

Fee Schedule

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17 EXHIBIT B
Sample Task Order Form

TASK ORDER

Task Order No. _______
Agreement: ON-CALL PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND EC&AM ASSOCIATES, INC. D/B/A GK & ASSOCIATES

Consultant: GK & Associates
The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above:

List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date: _____________
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above.

CITY OF SAN BERNARDINO GK & ASSOCIATES

Dated: Dated:

By: By:

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1 ON-CALL PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND INFRASTRUCTURE ARCHITECTS, INC. D/B/A INFRASTRUCTURE

ENGINEERS
This Agreement is made and entered into as of August 17, 2022 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Infrastructure Architects Inc., a California corporation, d/b/a Infrastructure Engineers, Inc., with its principal place of business at 3060 Saturn Street, Suite 250, Brea, CA 92821 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

As-Needed On-Call Inspection Services (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” The services shall be more particularly described in the individual Task Order issued by the City or its designee. No services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “B”.

3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.

4. Compensation.
a. Consultant shall receive compensation, including authorized

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2 reimbursements, for all services rendered under this Agreement at the rates set forth in the Schedule of Charges attached hereto as Exhibit “A” and incorporated herein by this reference. The maximum compensation for services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. b. The City will not pay any additional fees for printing expenses.

Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction.

City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

6. Term. The term of this Agreement shall be from August 17, 2022 to August 17, 2023, unless earlier terminated as provided herein. Consultant shall complete the services within the term of this Agreement and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.
a. Extension Options. The term of this Agreement may be administratively extended by the City Manager or his designee, for a maximum of four additional one-year terms.

7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of a Task Order from the City to proceed.

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3 9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.

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4 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.

14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall

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5 be at least as broad as the following:

Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status.

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6 (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
f. Privacy/Network Security (Cyber)
At all times during the performance of work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code.
g. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit

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7 Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)

Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
h. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
i. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary

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8 insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims- made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. k. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance

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9 it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification .
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized 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, 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 Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers.

Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability

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10 for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 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, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected 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 Consultant 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).

If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

19. Verification of Employment Eligibility. By executing this Agreement, Consultant 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, and shall require all subconsultants and sub-subconsultants to comply with the same.

20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.

21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned.

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11 City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.

23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.

24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.

25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

27. Organization. Consultant shall assign Ray Abbasi as Project Manager.

The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

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12 28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.

29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Manager

With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney

CONSULTANT:

Infrastructure Engineers
2060 Saturn Street, Suite 250
Brea, CA 92821
Attn: Ray Abbasi, Principal-in-Charge

30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. 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.

32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.

33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.

34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns

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13 of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

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

37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.

39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant 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 Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. 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 official, 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.

41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.

42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.

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14 43. Order of Precedence.

The following order and succession of the referenced documents shall govern in the event of conflict between documents:

1. Amendment(s)

2. This Agreement

3. Task Orders

44. Electronic Signatures. 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]

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15 SIGNATURE PAGE FOR ON-CALL PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO AND
INFRASTRUCTURE ARCHITECTS, INC. D/B/A INFRASTRUCTURE ENGINEERS

IN WITNESS WHEREOF, the Parties 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, CMC
City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT

INFRASTRUCTURE ARCHITECTS,
INC. D/B/A INFRASTRUCTURE

ENGINEERS

Signature

Name

Title

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16 EXHIBIT A
Scope of Services / Schedule of Charges and Payments / Activity Schedule

[ATTACHED]

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17 EXHIBIT B
Sample Task Order Form

TASK ORDER

Task Order No. _______
Agreement: ON-CALL PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND INFRASTRUCTURE ARCHITECTS, INC. D/B/A

INFRASTRUCTURE ENGINEERS

Consultant: Infrastructure Engineers
The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above:

List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date: _____________
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above.

CITY OF SAN BERNARDINO INFRASTRUCTURE ENGINEERS

Dated: Dated:

By: By:

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 17, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Daniel Hernandez, Agency Director of Public Works,
Operations, and Maintenance
Department: Public Works
Subject: Agreement with San Bernardino Paint and Supply, Inc. for the Purchase of Paint and Related Materials
for City-wide Graffiti Abatement (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Authorize the City Manager to execute a Goods and Services Agreement with San Bernardino Paint and Supply, Inc., for the purchase of paint and related materials; and

2. Authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $130,000.

Background
The Operations and Maintenance Division of the Public Works Department is responsible for the maintenance, repair, beautification, and clean-up of City-owned infrastructure and rights of way. It is also responsible for ensuring the City is kept clean and free from blight related to illegal dumping, overgrown weeds, graffiti and related vandalism.

Discussion
The City of San Bernardino has numerous historical neighborhoods, major economic corridors, two institutions of higher learning, and nearly forty parks, greenways and recreation corridors for which keeping a clean and aesthetically pleasing appearance is vital to the City’s economic growth and well-being of its residents and visitors alike. As in many large urban areas, graffiti and related vandalism contribute to unwanted blight and an overall unclean appearance which has potential negative

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impacts on commercial activities, leisure and hospitality, and future investment. Graffiti is also associated with gang and criminal activity using territorial tagging. San Bernardino is not immune from graffiti, but it has a well-established graffiti abatement program that aggressively removes graffiti and related vandalism City-wide.

At the request of Council, the City’s graffiti abatement program was recently enhanced, and additional positions were established to respond to graffiti City-wide more-efficiently. Additionally, the Operations Division of Public Works expanded graffiti abatement services to seven days a week to further complement Council’s desires for graffiti abatement program enhancements.

With the increase in graffiti abatement staff and enhancement of services, additional paint and related materials are simply required. This purchase will ensure paint and related materials are readily available and that no delays will occur in performing graffiti removal and/or repainting of tagged buildings, City infrastructure, or other structures.

To ensure our City is kept free from graffiti and that it is removed quickly and efficiently, staff is requesting $130,000 for paint supplies and related materials under this goods and services agreement.

The Operations and Maintenance Division of Public Works worked with the Finance Department, and, in May of 2022, a formal bid process was initiated to solicit quotes for paint supplies and related materials. Notices were posted on the City’s website.

The results of the bid opening yielded two qualified vendors as noted below. Both vendors are local to San Bernardino and have provided services to the City in the past. San Bernardino Paint and Supply, Inc and Sherwin Williams, Inc. both provided quotes for a comprehensive listing of paint supplies and related materials. However, Sherwin Williams did not fully provide prices for every item listed and was therefore deemed as non-responsive. San Bernardino Paint provided prices for every item requested. It is important to note that the prices below are a combined unit cost for all items and does not reflect the total dollar amount requested for this goods purchase agreement (which will be established at $130k via a purchase order). The results of the submitted quotes are provided below:

NAME OF BIDDER CITY UNIT COSTS (ALL

ITEMS COMBINED)
San Bernardino Paint and Supply, Inc. San Bernardino $242.15 Sherwin Williams, Inc. * San Bernardino $141.89 *did not fully price all items
Staff is confident that San Bernardino Paint and Supply is qualified to provide the required paint materials and related supplies. The City has worked with San

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Bernardino Paint and Supply, Inc. for several years and they have always provided quality products and timely services. In addition, most paints provided by them are bio-based, high quality products with no VOC’s (volatile organic compounds). This is of great value to the City and the employees which work closely with these products. 2021-2025 Strategic Targets and Goals
This project is consistent several goals and targets. It is aligned with Goal No. 4:

Ensure Development of a Well-planned, Balanced, and Sustainable City, and Goal No. 6: Operate in a Fiscally Responsible and Business-like manner.

This goods and services agreement will ensure the City is clean and attractive and free from blight related to graffiti at all economic corridors, neighborhoods, parks, greenways, recreation corridors, and City-owned infrastructure and will promote investment in the City.

Fiscal Impact
The General Fund impact is $49,500; Gas Tax Fund impact is $80,500; and is fully appropriated in the FY2022/23 budget.

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

1. Authorize the City Manager to execute a Goods and Services Agreement with San Bernardino Paint and Supply, Inc., for the purchase of paint and related materials; and

2. Authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $130,000.

Attachments
Attachment 1 Goods and Services Agreement
Attachment 2 Summarized Cost Sheet
Attachment 3 Bid Documents– RFQ F-22-76
Ward
All Wards
Synopsis of Previous Council Actions
N/A

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1 CITY OF SAN BERNARDINO

GOODS PURCHASE AGREEMENT
This Goods Purchase Agreement (“Agreement”) is entered into this 1st day of September, 2022, by and between the City of San Bernardino, a charter city and 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 San Bernardino Paint, a SOLE PROPRIETORSHIP with its principal place of business at 160 E. Highland Ave.

San Bernardino, CA. 92404 (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

Section 1. DEFINITIONS.

A. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor or other services, including design, engineering and installation services, provided by Supplier as specified in Exhibit “A,” attached hereto and incorporated herein by reference.

B. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to City, ready for approval, testing and/or use as specified in Exhibit “B.” Section 2. MATERIALS AND WORKMANSHIP.

When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without City’s written approval.

Machinery, equipment or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, City will decide the question of equality. When requested by City, Supplier will furnish City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Goods. Material samples will be submitted at City’s request.

Section 3. INSPECTIONS AND TESTS.

City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject the Goods or exercise any of its rights under Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods, irrespective of City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof.

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2 Section 4. WARRANTY.

A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by City as required for final payment under Section 7. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards.

B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this Section 4.B.

C. For any breach of the warranties contained in Section 4.A and Section 4.B, Supplier will, immediately after receiving notice from City, at the option of City, and at Supplier’s own expense and without cost to City:

1. Repair the defective Goods;

2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or

3. Repay to City the purchase price of the defective Goods.

If City selects repair or replacement, any defects will be remedied without cost to City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to City.

D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold City harmless against any and all third-party claims resulting from the breach or inaccuracy of any of the foregoing warranties.

E. In the event of a breach by Supplier of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4, but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code.

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3 Section 5. PRICES.

Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by City’s authorized representative. The total price shall include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination.

Section 6. CHANGES.

City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications.

If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be authorized by a change order document signed by City and accepted by Supplier.

Section 7. PAYMENTS.

A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods.

B. If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods will be made as the requirements of such Progress Milestones are met.

Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “B.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “B” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “B” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle.

C. Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier’s expense.

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4 D. Payment of the final Progress Milestone payment or any retention will be made by City upon:

1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress Milestone;

2. Written acceptance of the Goods by City;

3. Delivery of all drawings and specifications, if required by City;

4. Delivery of executed full releases of any and all liens arising out of this Agreement; and

5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full.

If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City.

E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section 7.D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement.

Section 8. SCHEDULE FOR DELIVERY.

A. The time of Supplier’s performance is of the essence for this Agreement.

The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of $10.00 per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.”
B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that City can maximize the efficient completion of such project(s).

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5 Section 9. TAXES.

A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement.

B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld.

C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier.

D. Supplier will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder.

Section 10. INDEPENDENT CONTRACTOR.

Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall have no power or authority by this Agreement to bind City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement.

Section 11. SUBCONTRACTS.

Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in Section 13.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City.

Section 12. TITLE AND RISK OF LOSS.

Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the

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6 Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods but which does not become a part of the Goods.

Section 13. INDEMNIFICATION.

A. Supplier shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against City or its officials, officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

Section 14. INSURANCE.

A. General. Supplier shall take out and maintain:

1. Commercial General Liability Insurance, of at least $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01;

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7 2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto);

3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and

4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials.

5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000.

6. Privacy/Network Security (Cyber Liability), of at least $1,000,000 per occurrence and aggregate for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.

B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The policies required under this Section shall give City, its officials, officers, employees, agents or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self- insurance or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss, and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.

C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.

D. Evidence of Insurance. Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. 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 supplied or approved by the City. All certificates and endorsements must be received and

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8 approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods.

Section 15. LIENS.

A. Supplier, subcontractors and suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant.

B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims.

Section 16. TERMINATION OF AGREEMENT BY CITY.

A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered.

If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City.

B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Supplier, and will not affect the

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9 obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated.

C. On receipt of notice under Section 16.B, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise,

1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods,

2. Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and

3. Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site.

D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to Section 7.C.

Section 17. FORCE MAJEURE
A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event.

B. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

C. In the event of any such excused interference with shipments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement.

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10 Section 18. MISCELLANEOUS PROVISIONS.

A. 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:

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
SUPPLIER:

San Bernardino Paint
160 E. Highland Ave.

San Bernardino, CA. 92404
Attn: Oliver Peter
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.

B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval.

Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.

C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

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

E. 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.

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11 F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees.

H. Interpretation. 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.

I. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

J. Authority to Enter 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.

K. 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.

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

M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods.

N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing.

O. 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]

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12 SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND SAN BERNARDINO PAINT
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.

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

SAN BERNARDINO PAINT
Signature
Name
Title

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13 Exhibit A
Scope of Services
Paint Supplies and Related Materials Technical Specifications The Vendor shall furnish all materials, renderings, equipment, tools, removal, installation, labor, coordination, permits, supervision, freight, and incidentals (including tax) as necessary to perform and complete the project pursuant to the Request for Vendor Quotes and the Agreement. The following is a non-inclusive description of the project work and/or goods to be provided.

The vendor shall provide paint and related supplies for our graffiti abatement program. Items descriptions and unit (annual) quantities are described in the Fee Schedule (Exhibit C); however, the following specifications are also required (as applicable):
•Paint must be ready to pick-up no longer than 5 days after order is placed (notwithstanding national supply-chain issues).
•All paint must be lead-free and compliant with State of California regulations. Please refer to https://www.calrecycle.ca.gov/Paint/MfrBrands/ for additional information. The vendor (or manufacturer) must maintain compliance with any upcoming laws or regulations—this includes disposal and recycling.
•It is strongly desired that paints are bio-based/ecologically-friendly (as is becoming more common) with no formaldehydes or ammonia.

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14 Exhibit B
Delivery Schedule
Paint must be ready to pick-up no longer than 5 days after orders are placed (notwithstanding national supply-chain issues).

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15 Exhibit C
Fee Schedule
Item
Num Section Description Qty
San Bernardino
Paint - Unit Price
San Bernardino
Paint - Line Total San Bernardino Paint - Comment
1 Exterior Latex Paint (Gallons) Exterior Paint Latex Flat (White) 1 $9.79 $9.79 #1400 Bio Based Zero VOC 2 Exterior Latex Paint (Gallons) Exterior Paint Latex Flat (Gray) 1 $9.79 $9.79 #1400 Bio Based Zero VOC 3 Exterior Latex Paint (Gallons) Exterior Paint Latex Flat (Beige) 1 $9.79 $9.79 #1400 Bio Based Zero VOC 4 Exterior Latex Paint (Gallons) Exterior Paint Latex Flat (Tan) 1 $9.79 $9.79 #1400 Bio Based Zero VOC 5 Exterior Latex Paint (Gallons) Exterior Paint Latex Flat (Dark Gray) 1 $16.95 $16.95 #2500 Bio Based High Quality Zero VOC 6 Exterior Latex Paint (Gallons) Exterior Paint Latex Flat (Red) 1 $16.95 $16.95 #2500 Bio Based High Quality Zero VOC 7 Exterior Latex Paint (Gallons) Exterior Paint Latex Flat (Concrete-Color) 1 $9.79 $9.79 #1400 Bio Based Zero Voc 8 Exterior Latex Paint (Gallons) Exterior Paint Latex Flat (Orange) 1 $16.95 $16.95 #2500 Bio Based High Quality Zero VOC 9 Exterior Latex Paint (Gallons) Exterior Paint Latex Flat (Yellow) 1 $16.95 $16.95 #2500 Bio Based High Quality Zero VOC 10 Aerosol Paint (15oz Cans) Flat or Matte White 1 $9.49 $9.49 Rustoleum Industrial 11 Aerosol Paint (15oz Cans) Flat or Matte Black 1 $9.49 $9.49 Rustoleum Industrial 12 Aerosol Paint (15oz Cans) Flat or Matte Grey 1 $9.49 $9.49 Rustoleum Industrial Quality 13 Aerosol Paint (15oz Cans) Flat or Matte Silver/Aluminum 1 $9.49 $9.49 Rustoleum Industrial Quality 14 Aerosol Paint (15oz Cans) Flat or Matte Blue 1 $9.49 $9.49 Rustoleum Industrial Quality 15 Aerosol Paint (15oz Cans) Flat or Matte Yellow 1 $9.49 $9.49 Rustoleum Industrial Quality 16 Aerosol Paint (15oz Cans) Flat or Matte Forest or Hunter Green 1 $9.49 $9.49 Rustoleum Industrial Quality 17 Aerosol Paint (15oz Cans) Flat or Matte Sea Foam Green (Specialty) 1 $11.95 $11.95 Rustoleum Speciality 18 Aerosol Paint (15oz Cans) Flat or Matte Brown (Park Signage Brown) 1 $9.49 $9.49 Rustoleum Industrial Quality 19 Accessories (Items) Trays, Heavy Duty metal 1 $2.49 $2.49 Sundry Item 20 Accessories (Items) Tape (painters blue tape) ¾” 1 $3.79 $3.79 Quality 3M Scotch Brand 21 Accessories (Items) Tape (painters blue tape) 1 ½” 1 $5.49 $5.49 Quality 3M Scotch Brand 22 Accessories (Items) Tape (painters blue tape) 2” 1 $7.49 $7.49 Quality 3M Scotch Brand 23 Accessories (Items) Painters Masks to prevent particulates (disposable) 1 $0.32 $0.32 Disposable Dust Particle Mask 24 Special Color Match Exterior Latex Flat Match 1 $17.95 $17.95 #56-110 High Quality LEED Qualified Product VOC

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Attachment 2
Summarize Cost Sheet (per item cost)
 
  
 
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REQUEST FOR VENDOR QUOTES
FOR

CITY OF SAN BERNARDINO
FOR
RFQ F-22-76

PAINT SUPPLIES AND RELATED MATERIALS

CITY OF SAN BERNARDINO
290 North D Street
San Bernardino, California 92401
Telephone: (909) 384-7272
https://www.ci.san-bernardino.ca.us/

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RFQ F-22-76 Paint Supplies and Related Materials
2 OF 19

REQUEST FOR VENDOR PRICE QUOTES
RFQ F-22-76

PAINT SUPPLIES AND RELATED MATERIALS
PUBLIC NOTICE IS HEREBY GIVEN that vendor price quotes (“Quotes”) will be received by the City of San Bernardino (“City”) electronically through the City’s online bid management provider (“PlanetBids”), until 3:00pm, Tuesday, June 28, 2022. Quotes may NOT be submitted by fax, email, telephone, mail, hand delivery, or other means; any Quotes received through any means other than PlanetBids will be returned to the Vendor unopened.

The award of this contract is subject to available budget adequate to carry out the provisions of the proposed agreement including the identified scope of work. The City reserves the right to reject any or all Quotes.

The City is committed to inclusion and diversity and welcomes proposals and bids from contractors, consultants, and vendors of all faiths, creeds, ancestries, and ethnicities without regard to disability, gender identity, sexual orientation, or immigration status. The City condemns and will not tolerate prejudice, racism, bigotry, hatred, bullying, or violence towards any group within or outside of our community.

For more information regarding the RFQ, please contact:

City of San Bernardino
Vanessa Slouka
Finance Department
Buyer
[email protected]
(909)384-5346

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RFQ F-22-76 Paint Supplies and Related Materials
3 OF 19
I. REQUEST FOR QUOTES
The City is requesting Quotes from qualified vendors 1 (“Vendors”) for Paint Supplies and Related Material (“Project/Equipment”). To serve and promote the welfare of its residents, the City intends to procure the Project/Equipment, as described below.

A. Scope of Work/Services
The Project/Equipment sought under this request are set forth in more detail in Attachment “A”, attached hereto and incorporated herein by this reference. Notwithstanding the inclusion of such Project/Equipment in Attachment “A”, the final scope of Project/Equipment negotiated between City and the successful Vendor shall be set forth in the Vendor Service Agreement (“Agreement”) executed by and between City and the successful Vendor. A copy of the Agreement is attached hereto as Attachment “B” and incorporated herein by this reference.

B. Project Manager
The Project Manager for the City regarding this request will be Vanessa Slouka, Buyer, for Purchasing Department (909)384-5346 [email protected] or a designated representative, who will coordinate the assistance to be provided by the City to the Vendor.

C. Requests for Clarification
All questions, requests for interpretations or clarifications, either administrative or technical must be requested in writing and will be answered in writing through PlanetBids. To ensure a response, questions must be received in writing no later than June 13, 2022 by 3:00 pm local time.

D. Meeting
For this request, there is no meeting.

E. Site Examination
Vendors may visit the City and its physical facilities to determine the local conditions which may in any way affect the performance of the work; shall familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and codes affecting the performance of the Project/Equipment; make such investigations, as it may deem necessary for performance of the Project/Equipment at its Quote within the terms of the Agreement; and correlate its observations, investigations, and determinations with the requirements of the Agreement
F. Submittal Requirements of Vendor Price Quote
The Quote must be received no later than 3:00 pm local time, on or before June 28, 2022 through PlanetBids. It is solely the responsibility of Vendor to see that its Quote is properly submitted to PlanetBids in proper form and prior to the stated closing time. PlanetBids will not accept late Quotes. The City will only consider Quotes that have transmitted successfully and have been issued a confirmation number with a time stamp from PlanetBids indicating that the Quote was submitted successfully.

Vendors experiencing any technical difficulties with the Quote submission process may contact PlanetBids Customer Service Support. If you continue to have difficulty, please contact Vanessa Slouka at (909)384-5346. Neither the City nor PlanetBids make any guarantee as to the timely availability of assistance or assurance that any given problem will be resolved by the Quote submission date and/or time.

Vendors to provide a Quote for the scope of Project/Equipment as set forth in in the Vendor Quote Form attached hereto as Attachment “C” and incorporated herein by this reference. Vendors submitting a Quote agree to furnish services to the City in accordance with the Quote submitted, and to be bound by the terms and conditions of this Request for Vendor Price Quote. Vendor is certifying that it takes no exceptions to the request, including but not limited to, the Agreement. 1Use of the term “Vendor(s)” shall mean individual proprietorship, partnership, Limited Liability Company, corporation or joint venture.

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G. Selection Process
The City will evaluate and award to the responsible Vendor offering the needed quality of supply or work or service at the lowest quotation or determined to be in the best interest of the City. During the evaluation process, the City reserves the right, to request additional information or clarifications from Vendors, or to allow corrections of errors or omissions.

H. General Conditions

1. General: It is solely the responsibility of the Vendor to see that its Quote is properly submitted to PlanetBids in proper form and prior to the stated closing time. PlanetBids will not accept late Quotes.

2. Amendments to Request: The City reserves the right to amend the request or issue to all Vendors addenda to answer questions for clarification.

3. Non-Responsive Quotes: A Quote may be considered non-responsive if conditional or incomplete.

4. Costs for Preparing: The City will not compensate any Vendor for the cost of preparing any Quote, and all materials submitted with a Quote shall become the property of the City. The City will retain all Quotes submitted and may use any idea in a Quote regardless of whether that Quote is selected.

5. Price Validity: Quotes provided by Proposers in response to this request are valid for 120 days from the due date. The City intends to award the Agreement within this time but may request an extension from the Vendors to hold pricing, until negotiations are complete and the Agreement is awarded.

6. Availability to Perform Work: Vendor must be available to begin Project/Equipment within 5 working days of the contract being awarded.

7. Additional Costs to Perform Work/Services: The Vendor’s Quote is inclusive of all cost and applicable taxes. Vendor is responsible for all building permit fees, applicable renderings, plans, documentation and fees required by the Agreement. Vendor will be required to maintain at its own cost the necessary insurance as required by the Agreement and a City business license.

8. Vendor License: Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all Vendors must possess proper licenses for performance of this Agreement.
[END OF SECTION]

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ATTACHMENT “A”

PAINT SUPPLIES AND RELATED MATERIALS

TECHNICAL SPECIFICATIONS
The Vendor will furnish all materials, renderings, equipment, tools, removal, installation, labor, coordination, permits, supervision, freight, and incidentals (including tax) as necessary to perform and complete the project pursuant to the Request for Vendor Quotes and the Agreement. The following is a non-inclusive description of the project work and/or goods to be provided.

The City of San Bernardino is seeking bids for the purchase of paint and related supplies for our graffiti abatement program. Items descriptions and unit (annual) quantities are described in the Unit Price Sheet table; however, the following specifications are also required (as applicable):
•Paint must be ready to pick-up no longer than 5 days after order is placed (notwithstanding national supply-chain issues).
•All paint must be lead-free and compliant with State of California regulations. Please refer to https://www.calrecycle.ca.gov/Paint/MfrBrands/ for additional information. The vendor (or manufacturer) must maintain compliance with any upcoming laws or regulations—this includes disposal and recycling.
•It is strongly desired that paints are bio-based/ecologically-friendly (as is becoming more common) with no formaldehydes or ammonia.

ATTACHMENT “B”

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CITY OF SAN BERNARDINO

GOODS PURCHASE AGREEMENT
This Goods Purchase Agreement (“Agreement”) is entered into this [***INSERT DAY***] day of [***INSERT MONTH***], 2022, by and between the City of San Bernardino, a charter city and 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 [***INSERT NAME***], a [***INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

Section 1. DEFINITIONS.

A. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor or other services, including design, engineering and installation services, provided by Supplier as specified in Exhibit “A,” attached hereto and incorporated herein by reference.

B. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to City, ready for approval, testing and/or use as specified in Exhibit “B.” Section 2. MATERIALS AND WORKMANSHIP.

When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without City’s written approval. Machinery, equipment or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, City will decide the question of equality. When requested by City, Supplier will furnish City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Goods. Material samples will be submitted at City’s request.

Section 3. INSPECTIONS AND TESTS.

City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject the Goods or exercise any of its rights under Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods, irrespective of City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof.

Section 4. WARRANTY.

A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final

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written acceptance of the Goods by City as required for final payment under Section 7. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards.

B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this Section 4.B.

C. For any breach of the warranties contained in Section 4.A and Section 4.B, Supplier will, immediately after receiving notice from City, at the option of City, and at Supplier’s own expense and without cost to City:

1. Repair the defective Goods;

2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or

3. Repay to City the purchase price of the defective Goods.

If City selects repair or replacement, any defects will be remedied without cost to City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to City.

D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties.

E. In the event of a breach by Supplier of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4, but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code.

Section 5. PRICES.

Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by City’s authorized representative. The total price shall include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination.

Section 6. CHANGES.

City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in

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the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be authorized by a change order document signed by City and accepted by Supplier.

Section 7. PAYMENTS.

A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods.

B. If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods will be made as the requirements of such Progress Milestones are met. Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “B.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “B” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “B” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle.

C. Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly.

If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier’s expense.

D. Payment of the final Progress Milestone payment or any retention will be made by City upon:

1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress Milestone;

2. Written acceptance of the Goods by City;

3. Delivery of all drawings and specifications, if required by City;

4. Delivery of executed full releases of any and all liens arising out of this Agreement; and

5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full.

If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City.

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E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section 7.D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement.

Section 8. SCHEDULE FOR DELIVERY.

A. The time of Supplier’s performance is of the essence for this Agreement. The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of $[***INSERT AMOUNT***] per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.” B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that City can maximize the efficient completion of such project(s).

Section 9. TAXES.

A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement.

B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors.

Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld.

C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier.

D. Supplier will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder.

Section 10. INDEPENDENT CONTRACTOR.

Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall have no power or authority by this Agreement to bind City in any respect.

Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this

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Agreement.

Section 11. SUBCONTRACTS.

Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in Section 13.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City.

Section 12. TITLE AND RISK OF LOSS.

Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then City shall have title to, and the right to take possession of, such Goods at any time following payment therefor.

Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods but which does not become a part of the Goods.

Section 13. INDEMNIFICATION.

A. Supplier shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against City or its officials, officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding.

Supplier shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

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Section 14. INSURANCE.

A. General. Supplier shall take out and maintain:

1. Commercial General Liability Insurance, of at least $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01;

2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto);

3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and

4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials.

5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000.

6. Privacy/Network Security (Cyber Liability), of at least $1,000,000 per occurrence and aggregate for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.

B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The policies required under this Section shall give City, its officials, officers, employees, agents or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss, and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.

C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.

D. Evidence of Insurance. Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. 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 supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

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E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods.

Section 15. LIENS.

A. Supplier, subcontractors and suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant.

B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims.

Section 16. TERMINATION OF AGREEMENT BY CITY.

A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City.

B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated.

C. On receipt of notice under Section 16.B, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise,

1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods,

2. Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and

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3. Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site.

D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to Section 7.C.

Section 17. FORCE MAJEURE
A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event.

B. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

C. In the event of any such excused interference with shipments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement.

Section 18. MISCELLANEOUS PROVISIONS.

A. 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:

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: [***INSERT NAME AND TITLE***]
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
SUPPLIER:
[***INSERT NAME, ADDRESS &
CONTACT PERSON***]

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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.

B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.

C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

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

E. 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.

F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees.

H. Interpretation. 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.

I. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

J. Authority to Enter 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.

K. 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.

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

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M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods.

N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing.

O. 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]

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SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.

CITY OF SAN BERNARDINO
APPROVED BY:
[***INSERT NAME***]
City Manager
ATTESTED BY:
[***INSERT NAME***]
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
[***INSERT SUPPLIER NAME***]
Signature
Name
Title

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ATTACHMENT “C”

VENDOR QUOTE FORM
VENDOR NAME:

ADDRESS:

PHONE:

Paint Supplies and Related Materials
The undersigned, hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Vendor Price Quote for the ELECTRONICALLY SUBMITTED TOTAL VENDOR QUOTE PRICE.

Item
No. Exterior Latex Paint (Gallons) Quantity
(annual)
Cost Per
Unit Total Cost
1 Exterior Paint Latex Flat (White) 6,500 $
2 Exterior Paint Latex Flat (Gray) 6,500 $
3 Exterior Paint Latex Flat (Beige) 6,500 $
4 Exterior Paint Latex Flat (Tan) 6,500 $
5 Exterior Paint Latex Flat (Dark Gray) 6,500 $
6 Exterior Paint Latex Flat (Red) 3,500 $
7 Exterior Paint Latex Flat (Concrete-
Color) 8,500 $
8 Exterior Paint Latex Flat (Orange) 1,000 $
9 Exterior Paint Latex Flat (Yellow) 2,500 $
Total $ $

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RFQ F-22-76 Paint Supplies and Related Materials
18 OF 19
Item
No. Aerosol Paint (15oz Cans) Flat or Matte Cans Qty. Cost Per Unit Total Cost
10 White 800
11 Black 800
12 Gray 800
13 Silver/Aluminum 500
14 Blue 200
15 Yellow 100
16 Forest or Hunter Green 500
17 Sea Foam Green (Specialty) 700
18 Brown (Park Signage Brown) 600
Total $ $
Item
No. Accessories (Items) Unit Qty. Cost Per
Unit Total Cost
19 Trays, Heavy Duty metal 150
20 Tape (painters blue tape) ¾” 100
21 Tape (painters blue tape) 1 ½” 100
22 Tape (painters blue tape) 2” 100
23 Painters Masks to prevent particulates
(disposable) 250
Total $ $

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RFQ F-22-76 Paint Supplies and Related Materials
19 OF 19
Item
No. SPECIAL COLOR MATCH Gallons Cost Per
Unit Total Cost
24 Exterior Latex Flat Match 3,500
Total $ $
Total Number of Additional Pages:

I hereby declare under penalty of perjury that the foregoing is true and correct.

Submitted By: Title:
(Authorized Representative Signature)
Print Name:

Contractor’s License Number and Classification:

DIR Registration Number (if applicable): ____________________________

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 17, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Daniel Hernandez, Agency Director of Public Works,
Operations, and Maintenance
Department: Public Works
Subject: Resolution Declaring Intent to Annex Territory:

Community Facilities District No. 2019-1 (Maintenance
Services): Annexation No. 25, Tax Zone No. 26 (Palm)
(Ward 4)
Recommendation
Adopt Resolution No. 2022-140 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. 25) 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

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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; (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing.

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

1. Public lighting and appurtenant facilities, including street lights within public rights-of-way and traffic signals; and

2. Maintenance of streets, including pavement management; and

3. Maintenance and operation of water quality improvements including storm drainage and flood protection facilities; and

4. Maintenance of Parks; and

5. Graffiti abatement; and

6. 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 15.51 gross acres of a vacant residential lot. The property is located at the northwest intersection of E Highland Ave. and N Palm Ave. At build out this development will include 133 detached single family residential properties as a new Tax Zone No. 26 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. 26), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $249 per unit for FY 2022/23. This tax rate includes a Maximum Special Tax A of $204 per unit per year for maintenance services of public facilities and a Maximum Annual Special Tax B (Contingent) of $45 per unit per year. Special Tax B (Contingent) is for the maintenance and operation of the improvements described in Exhibit “B” attached

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hereto. If the Property Owners Association (POA) were to default of its obligation to maintain such improvements, the City would be able to collect funds to pay for those services. Annual Special Tax A and Annual Special Tax B (Contingent) rate are proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.

Attachment 3 attached to the staff report is a maintenance exhibit to illustrate which services are being maintained by the CFD and by the POA.

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 for October 5, 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 $27,176 from Special Tax A 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.

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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
Adopt Resolution No. 2022-140 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. 25) and authorizing the levy of a special taxes therein.

Attachments
Attachment 1 – Resolution of Intention 2022-140
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:

Fourth Ward
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 - 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.

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Resolution No. 2022-140
Resolution No. 2022-140

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0 RESOLUTION NO. 2022-140

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. 25) 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

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Resolution No. 2022-140
Resolution No. 2022-140

5 8
0 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. 25, 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 his 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, October 5, 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.

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Resolution No. 2022-140
Resolution No. 2022-140

5 8
0 SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday October 5, 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 ___ day of __________ 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Resolution No. 2022-140
Resolution No. 2022-140

5 8
0 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. 2022-140, 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

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EXHIBIT A

DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities Dist rict No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 25 is currently comprised of five (5) parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APN).

APN Owner Name
0285-211-05 Pacific West Company, et al.
0285-211-21 Pacific West Company, et al.
0285-211-22 Pacific West Company, et al.
0285-211-23 Pacific West Company, et al.
0285-211-25 Pacific West Company, et al.

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EXHIBIT B

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 attribut able 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 simila r landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, park ways, streets, roads and open space, which maintenance and lighting services may include, without lim itation, 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 repl acement) 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 fr om and maintenance and repair of public structures situated on parks, parkways, street s, roads and open space; maintena nce and repair of playground or recreation program equipment or facilities situated on any park; and

(b) maintenance and operation of water qualit y 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 includi ng the removal of petroleum hydrocarbons and other pollutants from water runoff, or appur tenant facilities, clearing of inle ts and outlets; erosion repairs; and cleanup to improvements, and other it ems 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 th e 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 pr ovided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.

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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 costs to 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.

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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 et seq.) 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.

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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.

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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

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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 is identified 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:

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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)

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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

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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

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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 purposes set 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).

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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.

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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 26
TR 20495

Item  Description  Estimated Cost
1  Lighting  $400
2  Streets  $5,701
3  Drainage  $289
4  Parks  $17,160
5  Graffiti  $735
6  Reserves  $213
7  Admin  $2,678
Total   $27,176

Special Tax B Contingent Services – The estimate in the table below breaks down the costs of providing one year’s contingent maintenance services for Fiscal Year 2022‐23. If necessary, these services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019‐1 Tax Zone 26.

TAX ZONE 26 (CONTINGENT SERVICES)
TR 20495

Item  Description  Estimated Cost
1  Drainage   $4,270
2  Reserves  $640
3  Admin  $1,000
Total   $5,910

TAX ZONE 26
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  $204  $45
Multi‐Family Residential  RU  $204  $45
Non‐Residential Property  Acre  $2,983  $649

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

TAX ZONE 26
FY 2022‐23 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY

Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre  $2,983  $649

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City of San Bernardino  13
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 24  25  TR 20494  2022‐23  $174 / RU  $17 / RU  PI Properties, LLC 25  26  TR 20495  2022‐23  $204 / RU  $45 / RU  Pacific West Company, et al.

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.

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City of San Bernardino  14
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, 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.

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City of San Bernardino  15
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

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PLEASAN

T HILL DR

ORANGE ST

PALM AVE

HIGHLAND
AVE
0285-211-050285-211-23
0285-211-22
0285-211-21 0285-211-25
ANNEXATION MAP NO. 25
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 BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES), OF THE CITY OF SAN

BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF
C A L I F O R N I A .

THE BOUNDARIES OF WHICH COMMUNITY FACILITIES

DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP

THEREOF WHICH WAS PREVIOUSLY RECORDED ON
JUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENT
AND COMMUNITY FACILITIES DISTRICT AT PAGE 32 AND
AS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THE

COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,
S T A T E O F C A L I F O R N I A .

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1
(MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS

APPROVED BY THE CITY COUNCIL OF THE CITY OF SAN

BERNARDINO AT A REGULAR MEETING THEREOF, HELD
ON THE ____ DAY OF ____________________, 20 ____.

BY ITS RESOLUTION NO. ____________________
______________________________________
___
C

ITY 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 26
^_
§¨¦10
·|}þ210
§¨¦215
£¤66
·|}þ330

THIS ANNEXATION MAP CORRECTY SHOWS THE LOT OR

PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF
THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS

CONCERNING THE LINES AND DIMENSIONS OF LOTS OR

PARCEL REFER TO THE COUNTY ASSESSOR MAPS FOR
FISCAL YEAR 2021-22.
-

THIS MAP WAS FILED UNDER DOCUMENT NUMBER
_____________, THIS ____ DAY OF _______, 20 ____, AT _____ M. IN BOOK ___ OF __________ AT PAGE ____, AT
THE REQUEST OF _____________________________
IN THE AMOUNT OF $_________

BOB DUTT ON

A S S E S S O R - R E C O R D E R

S A N B E R N A R D I N O C O U N T Y
BY:________________________________

DEPUTY RECORDER

SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE
LEGEND

ANNEXATION AREA BOUNDARY

PARCEL LINE

CITY BOUNDARY

XXXX-XXX-XX

ASSESSOR PARCEL NUMBER (APN)
26 TAX ZONE
26 EXHIBIT D
 
  
 
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PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO

REQUESTING ANNEXING TERRITORY INTO A COMMUNITY FACILITIES DISTRICT NO. 2019-1 OF THE CITY OF SAN BERNARDINO AND A WAIVER WITH RESPECTS

TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES

THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE

COMMUNITY FACILITIES DISTRICT

1. The undersigned requests that the City Council of the City of San Bernardino, initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”) (Government Code Section 53311 et seq. ), to annex territory into Communi ty Facilities District No. 2019-1 (Maintenance Services) (the “Community Facilities District”) of the property described below and consents to the annual levy of special taxes on such property to pay the costs of services to be provided by the community facilities district.

2. The undersigned requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration and maintenance required to keep the landscape lighting, street lighting, traffic signals, flood control facilities, ground cover, shrubs, plants and trees, irrigation system s, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associat ed appurtenant facilities within the district in a healthy, vigorous and satisfactory working condition.

3. The undersigned hereby certifies that as of the date indicated opposite its signature, it is the owner of all the property within the propos ed boundaries of the Community Facilities District as described in Exhibit A hereto and as shown on the map Exhibit B hereto.

4. The undersigned requests that a special election be held under the Act to authorize the special taxes for the proposed community facilities district. The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agrees that said election may be conducted by mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk and t he undersigned request that the result s of said election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on the creation of the Community Facilities District or at the next available meeting.

5. Pursuant to Sections 53326(a) and 53327( b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, and consents to not ha ving such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice requirements relating to hearings and special elections (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, incl uding but not limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code.

6. The undersigned hereby consents to and expr essly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of th e Act or other laws of the State and any and all laws and requirements inco rporated therein, and no step or acti on in any proceeding relative to annexing territory into Community Facilities District No. 2019-1 of the portion of the incorporated area of the

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LEGEND:
80 SHEET INDEX:

EASEMENTS:

ALLARD ENGINEERING
TENTATIVE TRACT NO. 20495
FEBRUARY 2022
BASIS OF BEARINGS:

BENCHMARK:

ENGINEER/SURVEYOR:

DEVELOPER/OWNER:

ASSESSOR'S PARCEL NO.:

ZONING:

PROJECT AREA:

TOPOGRAPHY:

FLOOD ZONE:

INDEX MAP
LEGAL DESCRIPTION:

NOTE:

NOT TO SCALE

VICINITY MAP
RAW EARTHWORK ESTIMATE:

UTILITIES:
(909) 356-1815
Civil Engineering - Land Surveying - Land Planning
Fontana, California 92335

ALLARD ENGINEERING
Fax (909) 356-1795
16866 Seville Avenue
Prepared By:
ea
Reynold R. Allard, R.C.E. 79086 Date
(expires 3/31/2022)
Prepared For:

WARMINGTON RESIDENTIAL
0285-211-05, 21, 22, 23, 24 & 25

PALM AVENUE
PARKING:
 
  
 
Packet Pg. 677

(909) 356-1815
Civil Engineering - Land Surveying - Land Planning
Fontana, California 92335

ALLARD ENGINEERING
Fax (909) 356-1795
16866 Seville Avenue
Prepared By:
ea
Reynold R. Allard, R.C.E. 79086 Date
(expires 3/31/2022)
Prepared For:

WARMINGTON RESIDENTIAL
0285-211-05, 21, 22, 23, 24 & 25

PALM AVENUE
 
  
 
Packet Pg. 678

(909) 356-1815
Civil Engineering - Land Surveying - Land Planning
Fontana, California 92335

ALLARD ENGINEERING
Fax (909) 356-1795
16866 Seville Avenue
Prepared By:
ea
Reynold R. Allard, R.C.E. 79086 Date
(expires 3/31/2022)
Prepared For:

WARMINGTON RESIDENTIAL
0285-211-05, 21, 22, 23, 24 & 25

PALM AVENUE
 
  
 
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APN 0285-211-14
(909) 356-1815
Civil Engineering - Land Surveying - Land Planning
Fontana, California 92335

ALLARD ENGINEERING
Fax (909) 356-1795
16866 Seville Avenue
Prepared By:
ea
Reynold R. Allard, R.C.E. 79086 Date
(expires 3/31/2022)
Prepared For:

WARMINGTON RESIDENTIAL
0285-211-05, 21, 22, 23, 24 & 25

PALM AVENUE
HIGHLAND AVE.

HIGHLAND AVE.

HIGHLAND AVE.

PALM AVENUE

ENTRANCE
FROM PALM AVE.

PALM AVENUE
 
  
 
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(909) 356-1815
Civil Engineering - Land Surveying - Land Planning
Fontana, California 92335

ALLARD ENGINEERING
Fax (909) 356-1795
16866 Seville Avenue
Prepared By:
ea
Reynold R. Allard, R.C.E. 79086 Date
(expires 3/31/2022)
Prepared For:

WARMINGTON RESIDENTIAL
0285-211-05, 21, 22, 23, 24 & 25

PALM AVENUE
 
  
 
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EXHIBIT F

NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 25)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on August 17, 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 prov isions 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 desc ribes 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, October 5, 2022 at the Bing Wong Auditor ium 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 interes t 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 October 5, 2022 meeting must occur by teleconference, videoc onference, 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 s hall 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, 92410. 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

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EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 25
(October 5, 2022)
This ballot is for the us e of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Servic es) (“CFD No. 2019-1”) of the City of San Bernardino:

Name of Landowner Number of Acres Owned Total Votes
Hanhsing Li 3.412 4
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 ta
x ballot may be used to express eit her support for or opposition to the proposed sp
ecial 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:

Personal
Delivery:

If by mail, place ballot in the return envelope provided, and mail no later than September 21, 2022, two calendar week s 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.

If in person, deliver to the City Clerk at any time up to 7:00 p.m. on October 5, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.

However deliv ered, this ballot must be receiv ed by the Clerk prior to the close of the public meeting on October 5, 2022.

Very truly yours,
Genoveva Rocha, CMC, City Clerk

Packet Pg. 683

TO CAST THIS BALL
OT, PLEASE RETURN THIS ENTIRE PAGE.

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

Hanhsing Li
Attn: Matthew Esquivel
3090 Pullman Street
Costa Mesa, CA 92626
0285
-211-05 and 0285-211-25

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 July 20, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 25 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 cor
rect and that this declaration is executed on ____________, 20__.

Hanhsing Li
O
w n e r
Signature
Print Name

Title

Packet Pg. 684

EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 25
(October 5, 2022)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities Di
strict No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino:

Name of Landowner Number of Acres Owned Total Votes
Ann C. Lau 0.853 1
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:

Personal
Delivery:

If by mail, place ballot in the return envelope provided, and mail no later than September 21, 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.

If in person, deliver to the City Clerk at any time up to 7:00 p.m. on October 5, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.

However deliv ered, this ballot must be receiv ed by the Clerk prior to the close of the public meeting on Oc tober 5, 2022.

Very truly yours,
Genoveva Rocha, CMC, City Clerk

Packet Pg. 685

TO CAST THIS BALL
OT, PLEASE RETURN THIS ENTIRE PAGE.

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

Ann C. Lau
Attn: Matthew Esquivel
3090 Pullman Street
Costa Mesa, CA 92626
0285
-211-05 and 0285-211-25

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 July 20, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 25 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 cor
rect and that this declaration is executed on ____________, 20__.

Ann C. Lau
O
w n e r
Signature
Print Name

Title

Packet Pg. 686

EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 25
(October 5, 2022)
This ballot is for the us e of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Servic es) (“CFD No. 2019-1”) of the City of San Bernardino:

Name of Landowner Number of Acres Owned Total Votes
Chenmei Cheng 4.265 5
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 ta
x ballot may be used to express eit her support for or opposition to the proposed sp
ecial 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:

Personal
Delivery:

If by mail, place ballot in the return envelope provided, and mail no later than September 21, 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.

If in person, deliver to the City Clerk at any time up to 7:00 p.m. on October 5, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.

However deliv ered, this ballot must be receiv ed by the Clerk prior to the close of the public meeting on Oc tober 5, 2022.

Very truly yours,
Genoveva Rocha, CMC, City Clerk

Packet Pg. 687

TO CAST THIS BALL
OT, PLEASE RETURN THIS ENTIRE PAGE.

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

Chenmei Cheng
Attn: Matthew Esquivel
3090 Pullman Street
Costa Mesa, CA 92626
0285
-211-05 and 0285-211-25

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 July 20, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 25 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 cor
rect and that this declaration is executed on ____________, 20__.

Chenmei Cheng
O
w n e r
Signature
Print Name

Title

Packet Pg. 688

EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 25
(October 5, 2022)
This ballot is for the us e of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Servic es) (“CFD No. 2019-1”) of the City of San Bernardino:

Name of Landowner Number of Acres Owned Total Votes
Pacific West Company 6.599 7
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 ta
x ballot may be used to express eit her support for or opposition to the proposed sp
ecial 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:

Personal
Delivery:

If by mail, place ballot in the return envelope provided, and mail no later than September 21, 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.

If in person, deliver to the City Clerk at any time up to 7:00 p.m. on October 5, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.

However deliv ered, this ballot must be receiv ed by the Clerk prior to the close of the public meeting on Oc tober 5, 2022.

Very truly yours,
Genoveva Rocha, CMC, City Clerk

Packet Pg. 689

TO CAST THIS BALL
OT, PLEASE RETURN THIS ENTIRE PAGE.

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

Pacific West Company
Attn: Matthew Esquivel
3090 Pullman Street
Costa Mesa, CA 92626
0285
-211-21, -22, -23

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 July 20, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 25 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 cor
rect and that this declaration is executed on ____________, 20__.

Pacific West Company
O
w n e r
Signature
Print Name

Title

Packet Pg. 690

ORANGE
ST
PALM

AVE

HIGHLAND AVE
^_

ORANGE ST

CITRUS ST

PIEDMONT DR

HIGHLAND AVE

SEINEAVE
PALM

AVE

CENTRAL AVE

HEMLOCK DR

PALM CREST DR

PACIFIC ST
·|}þ330
·|}þ210
CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 25

PROJECT MAP

Packet Pg. 691

MH
MH
MH
MH
MH
MH
MHSLOW
SCHOOL
SIGN
SLOW

SCHOOLXING
XING

AHEAAHEAD
SIGNAL
3 4
1353.29
12 1
2 3
33 5
4 6
7 8
10 40
9 11
13 14
60 15
16 17
21 18
19 20
22 26
25 27
30 28
29 31
42 32
34 36
35 37
39 38
41 61
58 59
54 57
53 56
55 52
51 47
49 50
46 48
45 43
62 65
6663
70 68
69 67
107
79 78 77
110
80 8281
85 84 83
86 115
8887
92 91
90 93 94
98 99
102
101100
103
105104 106
108
111
109
113
112
117
114
116 118
120 119
124122 123
121
126 125
129
127
128
89 130
131
132
133
24 44
23 64
97 96
95 73 72 71
74 75 76
T
R
E. HIGHLAND AVE.

N. PALM AVE.

N. ORANGE ST.

NOT A
PART

NOT A PART

NOT A PART

CFD MAINTENANCE LEGEND

SIDEWALK

CATCH BASINS

STORM DRAIN PIPE

STREET- LINEAR FEET

STREET- AREA TO CENTERLINE

STREETLIGHTS
---------------------------------------------------------------7,007 SF --------------------------------------------------------------1 EA ----------------------------------------------------- 60 LF ---------------------------------------------1,348 LF
----------------------------- 47,636 SF
------------------------------------------------------------ 4 EA

VICINITY MAP - NTS

MOW CURB
HOA

MAINTAINED

CFD MAINTENANCE RESPONSIBILITY PLAN

HIGHLAND & PALM

PREPARED FOR WARMINGTON RESIDENTIAL
3090 PULLMAN STREET COSTA MESA, CA 92626 PH:(909) 438-6224 0' 40' 80' 120'NORTH April 13, 2022
 
  
 
Packet Pg. 692

MH
MH
MH
MH
MH
MH
MHSLOW
SCHOOL
SIGN
SLOW

SCHOOLXING
XING

AHEAAHEAD
SIGNAL
3 4
1353.29
12 1
2 3
33 5
4 6
7 8
10 40
9 11
13 14
60 15
16 17
21 18
19 20
22 26
25 27
30 28
29 31
42 32
34 36
35 37
39 38
41 61
58 59
54 57
53 56
55 52
51 47
49 50
46 48
45 43
62 65
6663
70 68
69 67
107
79 78 77
110
80 8281
85 84 83
86 115
8887
92 91
90 93 94
98 99
102
101100
103
105104 106
108
111
109
113
112
117
114
116 118
120 119
124122 123
121
126 125
129
127
128
89 130
131
132
133
24 44
23 64
97 96
95 73 72 71
74 75 76
T
R
E. HIGHLAND AVE.

N. PALM AVE.

N. ORANGE ST.

NOT A
PART

NOT A PART

NOT A PART

COMMON OPEN SPACE

PRIVATE OPEN SPACE (REAR YARDS)

PRIVATE OPEN SPACE (FRONT YARDS & PATIOS)

SIDEWALK

UNDERGROUND RETENTION CHAMBERS

CATCH BASINS

STORM DRAIN PIPE

STREETLIGHTS

VISITOR PARKING

HOA MAINTENANCE LEGEND
------------------------------------------95,103 SF
-------------------112,657 SF
----28,184 SF
-------------------------------------------------------------32,534 SF -----------------13,420 SF
------------------------------------------------------------12 EA -------------------------------------------------1,680 LF ------------------------------------------------------11 EA ------------------------------------------------------ 42 EA

VICINITY MAP - NTS

HOA MAINTAINED

MOW CURB

HOA MAINTAINED

MOW CURB

MOW CURB
HOA

MAINTAINED

MOW CURB

HOA MAINTAINED

HOA MAINTAINED

MOW CURB

HOA MAINTAINED

HOA MAINTENANCE RESPONSIBILITY PLAN

HIGHLAND & PALM

PREPARED FOR WARMINGTON RESIDENTIAL
3090 PULLMAN STREET COSTA MESA, CA 92626 PH:(909) 438-6224 0' 40' 80' 120'NORTH April 8, 2022
 
  
 
Packet Pg. 693

6 6
6 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 17, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance
Department: Public Works
Subject: Amendment to Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1
(Maintenance Services): Annexation No. 24, Tax Zone No. 25 (Highland/Medical Center) (Ward 6)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, adopt Resolution No. 2022-183 of the Mayor and City Council of the City of San Bernardino, California, amending and supplementing the resolution 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. 24) and authorizing the levy of a special taxes therein.

Background
On July 20, 2022, the Mayor and City Council adopted Resolution No. 2022-139 entitled “Resolution of the Mayor and City Council of the City of San Bernardino, California, Declaring Intention to Annex Territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino” (the “Resolution of Intention”), stating its intention to include the territory into Community Facilities District No. 2019-1 for the purpose of financing the maintenance services for public improvements which are necessary to meet increased demands placed upon the City as a result of the development of said real property.

The Resolution of Intention set the date of the public hearing on the annexation into Community Facilities District No. 2019-1 as September 7, 2022, at 7:00 p.m. in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 W. 6th Street, San Bernardino, California or via teleconference as directed by the City due to COVID-19 social distancing guidelines.

Packet Pg. 694

6 6
6 The Mayor and City Council cancelled the September 7, 2022, meeting and desire to amend the date of the public hearing to October 5, 2022.

Discussion
Approval of the resolution described above will amend the date of the public hearing to October 5, 2022. Besides the amended provisions, the remaining provisions of the Resolution of Intention remain fully effective.
2021-2025 Key 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
No fiscal impact to the City.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-183 amending and supplementing the resolution 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. 24) and authorizing the levy of a special taxes therein.

Attachments
Attachment 1 Resolution No. 2022-183
Attachment 2 Project/Location Map
Attachment 3 Resolution No. 2022-139
Ward:

Sixth Ward
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 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.

Packet Pg. 695

6 6
6 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.

July 20, 2022 The City Council adopted Resolution No. 2022-139 entitled “Resolution of the Mayor and City Council of the City of San Bernardino, California, Declaring Intention to Annex Territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino”.

Packet Pg. 696

Resolution No. 2022-183
Resolution 2022-183
August 17, 2022

7 2
8 RESOLUTION NO. 2022-183

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING

AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE

SERVICES) OF THE CITY OF SAN BERNARDINO,

AMENDING AND SUPPLEMENTING THE RESOLUTION

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. 24) AND AUTHORIZING

THE LEVY OF A SPECIAL TAX THEREIN
WHEREAS, on July 20, 2022, the City Council (the “City Council”) of the City of San Bernardino (the “City”), pursuant to 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,” adopted Resolution No. 2022-139 entitled “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. 24) and Authorizing the Levy of Special Taxes Therein, (the “Resolution of Intention”), stating its intention to annex territory into the Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California for the purpose of financing the authorized services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and
WHEREAS, the Resolution of Intention set the date of the public hearing on the annexation of territory into CFD No. 2019-1 (Maintenance Services) on September 7, 2022 at 7:00 p.m. in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 W. 6th Street, San Bernardino, California or via teleconference as directed by the City due to COVID- 19 social distancing guidelines; and
WHEREAS, the City Council has cancelled the September 7, 2022 meeting and therefore desires to amend the date of the public hearing to October 5, 2022.

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

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

SECTION 2. Public Hearing. Section 7 of the Resolution of Intention shall be deleted in its entirety and replaced by the following:

Packet Pg. 697

Resolution No. 2022-183
Resolution 2022-183
August 17, 2022

7 2
8 SECTION 7. Hearing. A public hearing on the annexation of territory into CFD No. 2019-1 shall be held at 7:00 p.m. on October 5, 2022, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 W. 6th Street, San Bernardino, California or via teleconference as directed by the City due to COVID-19 social distancing guidelines.

SECTION 3.Amendment. This Resolution amends and supplements the Resolution of Intention and said resolution, as amended hereby, remains fully effective as therein specified SECTION 4. 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 17th day of August, 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

Packet Pg. 698

Resolution No. 2022-183
Resolution 2022-183
August 17, 2022

7 2
8 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. 2022-183, 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

Packet Pg. 699

20TH ST

MEDICAL
CENTER
DR

HIGHLAND AVE
·|}þ210
^_ ·|}þ259
·|}þ18
·|}þ210
§¨¦
215
£¤66
£¤66

MILL ST
16TH ST

SPRUCE ST

SIERRA W
AY
W
ATERM
AN AVE

NINTH ST

CAMPUS WAY
2ND ST

MAGNOLIA AVE

ORANGE SHOW RD
4TH ST

RANCHO AVE
17TH ST

BASE LINE ST

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CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 24

PROJECT MAP

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Resolution No. 2022-139
Resolution No. 2022-139

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3 RESOLUTION NO. 2022-139

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. 24) 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

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Resolution No. 2022-139
Resolution No. 2022-139