Agenda packet — Mayor and City Council, November 2, 2022 (part 5 of 6)

RESOLUTION NO. 2022-232

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 Packet Pg. 873
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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, December 7, 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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SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday, December 7, 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 2nd day of November 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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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. 2022-232, adopted at a regular meeting held on the 2nd day of November 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 District 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 Li Hanhsing, 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 Li Hanhsing, 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 attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1.

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

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

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

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

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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 Packet Pg. 882
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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 isidentified in Table 1 below:

TABLE 1

MAXIMUM SPECIAL TAX A RATES

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

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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 Packet Pg. 885
City of San Bernardino 8
Community Facilities District No. 2019‐1 (Maintenance Services) Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c.   Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

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

TABLE 6

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

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

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

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

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

2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of Packet Pg. 886
City of San Bernardino 9
Community Facilities District No. 2019‐1 (Maintenance Services) Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows:

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

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

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

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

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

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

Packet Pg. 887
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.

Packet Pg. 888
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
Packet Pg. 889
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

Packet Pg. 890
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. 26 To Be Determined
27 28 PM 20320 2022‐23 $1,851 / Acre $292 / Acre SB Drake Central Avenue LLC Packet Pg. 891
City of San Bernardino 14
Community Facilities District No. 2019‐1 (Maintenance Services)

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.

Packet Pg. 892
City of San Bernardino 15
Community Facilities District No. 2019‐1 (Maintenance Services)

APPENDIX B

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

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

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

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City of San Bernardino 16
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 Packet Pg. 894

PLEASANT HILL DR

ORANGE ST

PALM AVE

HIGHLAND AVE
0285-211-05 0285-211-23
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 BEANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1(MAINTENANCE SERVICES), OF THE CITY OF SANBERNARDINO, COUNTY OF SAN BERNARDINO, STATE OFCALIFORNIA. THE BOUNDARIES OF WHICH COMMUNITY FACILITIESDISTRICT ARE SHOWN AND DESCRIBED ON THE MAPTHEREOF WHICH WAS PREVIOUSLY RECORDED ONJUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENTAND COMMUNITY FACILITIES DISTRICT AT PAGE 32 ANDAS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THECOUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA. I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1(MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WASAPPROVED BY THE CITY COUNCIL OF THE CITY OF SANBERNARDINO AT A REGULAR MEETING THEREOF, HELDON THE ____ DAY OF ____________________, 20 ____. BY ITS RESOLUTION NO. ____________________ _________________________________________CITY CLERK, CITY OF SAN BERNARDINO FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF________, 20 ____. _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO CFD 2019-1
TAX ZONE 26
^_
§¨¦10
·|}þ210
§¨¦215
£¤66
·|}þ330
THIS ANNEXATION MAP CORRECTY SHOWS THE LOT ORPARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OFTHE COMMUNITY FACILITIES DISTRICT. FOR DETAILSCONCERNING THE LINES AND DIMENSIONS OF LOTS ORPARCEL REFER TO THE COUNTY ASSESSOR MAPS FORFISCAL YEAR 2022-23. -
LEGEND

ANNEXATION AREA BOUNDARYPARCEL LINECITY BOUNDARY

XXXX-XXX-XX ASSESSOR PARCEL NUMBER (APN)
26 TAX ZONE
26 THIS MAP WAS FILED UNDER DOCUMENT NUMBER_____________, THIS ____ DAY OF _______, 20 ____, AT_____ M. IN BOOK ___ OF __________ AT PAGE ____, ATTHE REQUEST OF _____________________________IN THE AMOUNT OF $_________ CHRIS WILHITE ASSESSOR-RECORDER SAN BERNARDINO COUNTY BY:________________________________

DEPUTY RECORDER

SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE

EXHIBIT D
   
 Packet Pg. 895
 
  
 Packet Pg. 896

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 Community 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 systems, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated 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 proposed 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 the undersigned request that the results 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 having 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, including 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 expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to annexing territory into Community Facilities District No. 2019-1 of the portion of the incorporated area of the

EXHIBIT E
Packet Pg. 897
Packet Pg. 898
Packet Pg. 899
Packet Pg. 900
Packet Pg. 901
Packet Pg. 902
Packet Pg. 903
Packet Pg. 904
Packet Pg. 905
 
  
 Packet Pg. 906
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. 907
(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. 908
(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. 909
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.

PALM AVENUE
ENTRANCEFROM PALM AVE.

PALM AVENUE
   
 Packet Pg. 910
(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. 911

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 November 2, 2022 adopted its Resolution No. 2022-___, in which it declared its intention to annex territory to existing Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code.

The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed.

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

Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 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
Packet Pg. 912

EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 25
(December 7, 2022)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino:

Name of Landowner Number of Acres Owned Total Votes
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 tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:

Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than November 23, 2022, two calendar weeks prior to the date set for the election.

Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.

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

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on December 7, 2022.

Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Pg. 913
TO CAST THIS BALLOT, 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 November 2, 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 correct and that this declaration is executed on ____________, 20__.

Chenmei Cheng
Owner

Signature
Print Name
Title
Packet Pg. 914

EXHIBIT G

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.

Mail
Delivery:

Personal
Delivery:

If by mail, place ballot in the return envelope provided, and mail no later than November 23, 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 December 7, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on December 7, 2022.

Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Pg. 915
TO CAST THIS BALLOT, 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

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

Ann C. Lau
Owner
Signature
Print Name
Title
Packet Pg. 916

EXHIBIT G

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.

Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than November 23, 2022, two calendar weeks prior to the date set for the election.

Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.

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

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on December 7, 2022.

Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Pg. 917
TO CAST THIS BALLOT, 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

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

Hanhsing Li
Owner
Signature
Print Name
Title
Packet Pg. 918

EXHIBIT G

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.

Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than November 23, 2022, two calendar weeks prior to the date set for the election.

Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.

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

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on December 7, 2022.

Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Pg. 919
TO CAST THIS BALLOT, 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

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

Pacific West Company
Owner
Signature
Print Name
Title
Packet Pg. 920
O
R
A
N
GE S
T
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. 921
MH
MH
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MH
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MH
MH
SLOW
SCHOOL
SIGN
SLOW
SCHOOL

XING XING
AHEA
SIGNAL
AHEAD
3 4
1353.29
1 2 3 12
33 4 5 6 7 8 10
40 9 11 13 14
60 15 16 17 18 19 20 21 22
31 30 29 28 27 26 25
42 41 39 38 37 36 35 34 32
45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 61
43 62
65 66
63 70 69 68
67 107
79 78
77 110
80 82
81 85
84 83
86 115
88 87
92 91
93 90
94 99 98
102
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100
103
105
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106
108 111
109
112 113
114 117
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119 124
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127 128
89 130 131
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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

CFD MAINTENANCE LEGEND

SIDEWALK

CATCH BASINS

STORM DRAIN PIPESTREET- LINEAR FEETSTREET- AREA TO CENTERLINESTREETLIGHTS ---------------------------------------------------------------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 NORTH 0' 40' 80' 120' April 13, 2022    
 Packet Pg. 922
MH
MH
MH
MH
MH
MH
MH
SLOW
SCHOOL
SIGN
SLOW
SCHOOL

N. PALM AVE.

N. ORANGE ST.

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 PIPESTREETLIGHTS

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

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 NORTH 0' 40' 80' 120' April 8, 2022    
 Packet Pg. 923

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 2, 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 St. Francis Electric, LLC., for Traffic Signal and Related Component Knockdown Services
(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 Maintenance Services Agreement with St. Francis Electric, LLC., for traffic signal supplies and related component knockdown services; and

2. Authorize the Agency Director of Administrative Services to appropriate funds in the amount of $251,500 to the Public Works Operations and Maintenance General Fund and Gas Tax Fund; and

3. Authorize the issuance of a purchase order in the amount not to exceed $251,500.

Background
The Operations and Maintenance Division (O&M) of the Public Works Department is responsible for the maintenance, repair, and clean-up of City-owned infrastructure and rights of way. In conjunction with the Engineering Division of Public Works, O&M is also responsible for ensuring the City’s traffic intersections are properly maintained, inspected, repaired, and upgraded as needed. General maintenance, repair, and inspection of traffic intersections is largely performed by the in-house Traffic and Lighting section of the O&M Division; however, contractual services are often utilized for repairs that occur after hours or are beyond staff’s equipment and materials availability.

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Discussion
The City of San Bernardino has nearly 275 traffic intersections that are comprised of a variety of traffic signal components and hardware. Annually, numerous traffic collisions at intersections occur which may necessitate the immediate repair and replacement of damaged components to include large poles and signal heads. These collisions often occur after work hours or on weekends and require the utilization of a contractor to expedite the repairs and/or possible replacement of components and traffic cabinets.

In many instances, repairs are required on an emergency basis to avert traffic backups at busy intersections.

To ensure the City efficiently responds to traffic intersection collisions and has 24-hour coverage for repair services, staff is requesting $251,500 for traffic signal supplies and related component knockdown services under this maintenance services agreement.

The Operations and Maintenance Division of Public Works worked with the Finance Department and in June of 2022, a formal bid process was initiated to solicit proposals for traffic signal supplies and related component knockdown services in Request for Proposal No. F-22-72. Notices were posted on the City’s website. The results of the bid opening yielded four vendors which were evaluated and scored by a selection committee and further reviewed by the Procurement Division for compliance with mandatory requirements. Although a unit cost sheet for potential traffic knockdown related services was requested from all bidders, this RFP was not based on lowest bid.

Proposals were evaluated on the following criteria:

1. Responses to all points in the “Instructions to Respondents Section I” of the RFP

2. Responses to all points in the “Requirements Section” of the RFP

3. Responses to all points in the “Scope of Services Section” of the RFP

4. Proposal Format and Content
 Cover Letter
 Statement of Understanding and Approach
 Company Information
 Statement on prior claims or litigation
 Company Personnel
 Experience
 Licensing and Certification Requirements
 Evidence of Insurance
 Exceptions/Deviations (to work requested)

5. Appendices (additional information that was not specifically solicited)

6. Miscellaneous (statement ensuring proposal would remain valid for 120 days from submittal date)

7. References (pass/fail)
The selection committee was asked to score the above listed criteria on a 0-10 scale for each area with a baseline score of 60. St. Francis Electric, LLC., yielded the highest score and was recommended for selection by the selection committee.

Packet Pg. 925

SCORE BIDDER CITY TOTAL COST
66 St. Francis Electric, LLC Riverside, CA $310,179
63 Crosstown Electrical and Data, Inc. Irwindale, CA $248,632 63 Yunex, LLC Riverside, CA $296,655
61 Bear Electrical Solutions, Inc. Alviso, CA $367,663
Based upon their proposal St. Francis Electric, LLC., is qualified to perform the required work for this maintenance service agreement and noted the extensive experience of their staff in their proposal. Additionally, St. Francis Electric is well regarded in this region and has previously provided services to the City in the past. The term of the proposed agreement shall be from November 2, 2022, to June 30, 2023. 2021-2025 Strategic Targets and Goals
This project is consistent with several City goals and targets. It is aligned with Key Target 1e: Minimize risk and litigation exposure. Approval of this agreement will reduce the risk of potential liability associated with tort cases and significantly reduce the amount of open work order requests. It is also aligned with Key Target 3c: Evaluate and enhance the quality of public safety services. The ability to carry out formalized procedures is critical when immediate response is required in emergency situations at traffic signals due to collisions and power outages.

Fiscal Impact
The General Fund impact is $113,500 with an additional $138,000 available to be used from the Gas Tax Fund. A total amount of $251,500 is available in the FY 2022/23 operating budget from both funding sources to cover all maintenance service costs.

Although St. Francis Electric, LLC., submitted an overall cost of $310,179 for all items (combined) in the unit cost sheet, staff does not anticipate using all services listed and believes capping the total purchase order amount at $251,500 is consistent with recent annual costs associated with these types of services.

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 Maintenance Services Agreement with St. Francis Electric, LLC., for traffic signal supplies and related component knockdown services; and

2. Authorize the Agency Director of Administrative Services to appropriate funds in the amount of $251,500 to the Public Works Operations and Maintenance General Fund and Gas Tax Fund; and
Packet Pg. 926

3. Authorize the issuance of a purchase order in the amount not to exceed $251,500.

Attachments
Attachment 1 Maintenance Services Agreement
Attachment 2 Bid Documents-RFP No. F-22-72
Attachment 3 St. Francis Electric, LLC. Proposal
Attachment 4 Crosstown Electrical and Data, Inc. Proposal Attachment 5 Yunex, LLC. Proposal
Attachment 6 Bear Electrical Solutions, Inc. Proposal
Attachment 7 Bid Matrix - Summary of Scores
Ward
All Wards
Synopsis of Previous Council Actions
None
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CITY OF SAN BERNARDINO

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 2nd day of November, 2022 by and between the City of San Bernardino, a municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”) and St.

Francis Electric, LLC., a Stock Corporation with its principal place of business at 1420 Citrus Street, Riverside, CA. 92507 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

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

Contractor represents that it is experienced in providing TRAFFIC INTERSECTION KNOCKDOWN MAINTENANCE services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for the TRAFFIC INTERSECTION KNOCKDOWN MAINTENANCE services project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from November 2, 2022, to June 30, 2023, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and Packet Pg. 928
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deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Contractor.

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

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

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

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

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

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

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

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of Packet Pg. 929
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California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

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

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

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

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

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

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

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

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

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

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

3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Packet Pg. 931
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Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

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

3.2.11 Insurance.

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

3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of Packet Pg. 932
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the Agreement by the Contractor, its agents, representatives, employees or subcontractors.

Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

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

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(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.

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

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

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

3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of Packet Pg. 934
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protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

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

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

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

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

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

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

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or Packet Pg. 935
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injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

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

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

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

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

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

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3.2.15 Work Site.

3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.

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

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

3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the Packet Pg. 937
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replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

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

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

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

3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, Packet Pg. 938
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penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

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

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

3.4 Termination of Agreement.

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

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

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

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3.5 General Provisions.

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

Contractor:

St. Francis Electric, LLC
1420 Citrus Street
Riverside, CA. 92507
Attn: Guy Smith
City:

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

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

3.5.2 Indemnification.

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

3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this indemnification section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, Packet Pg. 940
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award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

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

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

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

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

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

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

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

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3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

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

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

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

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

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

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

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

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

3.5.19 Federal Provisions When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and Packet Pg. 942
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incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND ST. FRANCIS ELECTRIC, LLC
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

ROBERT D. FIELD
City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
ST. FRANCIS ELECTRIC, LLC
By:

Its:

Printed Name:

By:

Its:

Printed Name:
____________________________________
Contractor’s License Number
____________________________________
DIR Registration Number
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18 EXHIBIT A

SCOPE OF SERVICES
Traffic Signal On-Call Services and Emergency Repair Services (Knockdowns) Scope of Work and Technical Specifications
The City of San Bernardino is seeking on-call support and emergency repair/replacement services for the City’s traffic signals and related infrastructure. The vendor will provide services related to the repair and replacement of traffic signal knockdowns related to vandalism or accidents.

During on-call or emergency requests, the vendor will furnish all labor, materials, equipment, and perform all work to repair traffic signals (to include poles) and related components (including intersection safety lights). In some instances, the City may opt to furnish materials to expedite the repair of a signalized intersection and return it to an operational status. This will require pre-authorization by the Contract Administrator.

Description of Services
Traffic Signal Repair and/or Replacement
The includes the repair and/or replacement of any signals of any type which may be malfunctioning as a result of vandalism, knockdown due to accidents, wind or weather-related damage, malfunction, and/or any other type of failure.

1. Accidental Damage Repair – will consist of repairing damage to traffic signal systems (to include safety lights) and poles/foundations resulting from vehicular accidents.

Accidental repair work includes cleanup of debris, such as that from a pole knockdown, set-up of barricades or other traffic control signs, hook-up of temporary controllers, temporary poles, temporary signals (as necessary), and any other work related to safeguarding the site against all injury or damage to the public and to return the intersection to a fully operational status as quickly as possible. The vendor will provide adequate traffic control and warning signs per Manual on Uniform Traffic Control devices (MUTCD) guidelines and shall maintain proper work site and directional signs while performing repair work. All temporary signals, controllers, or other equipment shall provide the same functional capability as the original installation.

2. Vandalism—This work will consist of repairing damage to traffic signal systems as a result of theft, break-in (into cabinets), or even purposeful knockdown of poles.

Parts, Material Quality, and Workmanship

1. Unless otherwise provided for in the specifications, all workmanship, equipment, materials, and articles incorporated in the work covered by this agreement shall be of the best quality of their respective kind and for their Packet Pg. 945
19 purpose. Wherever replacement of material or equipment, in accordance with the Standard Plans and Specifications may cause an obvious difference in either appearance or operation of the system or would be in any way incompatible with other existing equipment, the vendor shall so inform City staff. All phases of the work are subject to inspection and approval of City staff.

2. All permanent repairs to the system shall be undertaken within a thirty (30) day period. Failure to effect permanent repairs within this time limit shall be sufficient cause for City staff to authorize repairs to be completed by another contractor.

3. The vendor shall be responsible for furnishing all spare parts necessary to maintain the continued safe and efficient operation of the signals whenever the original unit is withdrawn for maintenance, repair, or modification. All component parts of each system shall be maintained at all times to perform the functions for which they were designed, unless authorized otherwise by City staff.

Repair or Replacement Services Records
The following records shall be maintained by the vendor covering signal maintenance activities:

1. A record of all repairs, and relevant data pertaining to each individual intersection will be kept in the controller cabinet and properly annotated by the vendor, at the time of any repair work or modifications. A duplicate record will be kept on file in the vendor's office and will be sent to City staff, included on the monthly summary report. The vendor shall supply a copy of the maintenance record to City staff.

2. A database shall be maintained indicating previous maintenance and scheduled maintenance work.

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20 EXHIBIT B

SCHEDULE OF SERVICES
Response and Service
The vendor shall provide response and service in the following manner:

1. The vendor shall designate and inform City staff of a telephone number(s), where a representative can be reached concerning response or on-call maintenance. The vendor shall be accessible at this telephone number(s) and available to perform traffic signal repair/response maintenance, twenty-four (24) hours a day, seven (7) days a week, including holidays. A fax number and an e- mail address for transmitting documents shall be owned and operated by the vendor.

2. When the notification is sent by City staff to the vendor between 8:00 a.m. and 5:00 p.m., the response time shall not exceed two (2) hours, Monday through Friday.

3. When the notification is received at any other time or on any other day, the response time shall not exceed three (3) hours.

4. When a situation exists that City staff deems dangerous or an emergency and so advises the vendor, the vendor shall dispatch qualified personnel and appropriate equipment and material to correct the situation, as soon as possible, but in no case later than indicated above.

5. Vendor’s response to emergency repair should be coordinated with City staff.

6. The vendor shall restore normal operation of each traffic signal or system master covered under this contract within twenty-four (24) hours of notification. On this end, the vendor shall install a City supplied substitute controller unit and/or cabinet that can provide the same signal operation, insofar as phasing and time, until the existing controller unit and/or cabinet can be returned to service or replaced. The installation of a substitute cabinet shall be considered as traffic signal repair/response maintenance and will be paid as noted in the Unit Cost Sheet.

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21 7. In the event the vendor is required to furnish a controller unit or cabinet, prior approval is required from City staff. If the existing controller unit or cabinet is repairable, it shall be returned to service within thirty (30) days. The vendor or shall use only City- recommended and supplied controllers, such as Naztec, or Econolite Make Controllers ASC/2S, ASC/2M, Cobalt, or McCain 2070 etc.

The Contractor shall not use any other type of controllers from other manufacturers not recommended by City staff.

8. If temporary stop signs are in place at the intersection when the vendor arrives, the vendor shall coordinate with City staff regarding removal of the signs when the traffic signal is placed in operation.

10. The vendor shall provide all material and equipment required for response maintenance. Permanent repairs shall be completed as soon as possible, and, in all cases, within thirty (30) days, unless extended, due to unusual circumstances, by City staff. City staff may extend the maximum response time if materials are unavailable due to national shortages.

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22 EXHIBIT C

COMPENSATION
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23 Packet Pg. 950
24 Packet Pg. 951
25 PLEASE NOTE: NOT ALL SERVICES MAY BE REQUIRED AND THIS AGREEMENT IS CAPPED AT $251,500. PRICE PER UNIT ITEM WILL BE HONORED.

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Street Medians and Islands Landscape Maintenance -26-
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, (hereinafter referred to as the “City”) has awarded to _________________________, (hereinafter referred to as the “Contractor”) an agreement for Contract No._________, (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by the City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.

The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

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Street Medians and Islands Landscape Maintenance -27-
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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Street Medians and Islands Landscape Maintenance -28-
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)
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Street Medians and Islands Landscape Maintenance -29-
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER
Individual

DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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Street Medians and Islands Landscape Maintenance -30-
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER
Individual

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.

END OF PERFORMANCE BOND
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Payment Bond (Labor and Materials).

KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401 (hereinafter designated as the “City”), by action taken or a resolution passed ___________________ , 20_____, has awarded to ________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: Contract No.____________ (the “Project”); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of Packet Pg. 958
any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER
Individual

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER
Individual

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

END OF PAYMENT BOND
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REQUEST FOR PROPOSALS
FOR

CITY OF SAN BERNARDINO
FOR

TRAFFIC SIGNAL ON-CALL SERVICES AND EMERGENCY REPAIR SERVICES (KNOCKDOWNS)

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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1 CITY OF SAN BERNARDINO
NOTICE INVITING PROPOSALS, RFP NO. RFP F-22-72

TRAFFIC SIGNAL ON-CALL SERVICES AND EMERGENCY REPAIR SERVICES (KNOCKDOWNS)
PUBLIC NOTICE IS HEREBY GIVEN that proposals will be received by the City of San Bernardino (“City”) via the Planetbids website until 3:00pm, Tuesday, June 21, 2022. Proposals received after this date will be returned to the proposers unopened. Faxed or electronically submitted proposals will not be accepted. ***Please Note*** Technical delays and issues may occur from time to time. Please be advised that the city is not responsible for late bids due to technical discrepancies. Bids will not be accepted in any other format.

The City is requesting proposals to provide: Traffic Signal On-Call Services and Emergency Repair Services (Knockdowns)
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 proposals determined not to be in the best interest of the City.

Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing at sections 1720 et seq. and 1770 et seq. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations. Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/. In addition, a copy of the prevailing rate of per diem wages will be made available at the City’s Public Works Department upon request. The successful bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors. If the total compensation under the contract will exceed $25,000 and pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations (“DIR”). No bid shall be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the project. The contract awarded pursuant to this proposal may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Interested proposers may download copies of the Request for Proposals (“RFP”) by visiting the City’s web site, https://www.ci.san-bernardino.ca.us/. Firms that anticipate submitting a proposal are required to send an email to the project manager acknowledging receipt of the RFP so that the City can add the firm to its notification list. Please include the contact person, the name of the firm, address, phone number, and e-mail address. All addenda will be published on the City’s website.

For more information regarding the RFP, please contact:

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2 City of San Bernardino Purchasing Department
Precious Carter, email: [email protected]
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3 CITY OF SAN BERNARDINO

REQUEST FOR PROPOSALS

TRAFFIC SIGNAL ON-CALL SERVICES AND EMERGENCY REPAIR SERVICES (KNOCKDOWNS)
I. BACKGROUND AND INTRODUCTION
The City of San Bernardino (“City”) is requesting proposals from qualified firms1 (“Proposers”) for Traffic Signal On-Call Services and Emergency Repair Services (Knockdowns) services (“Services”).

The City of San Bernardino is seeking on-call support and emergency repair/replacement services for the City’s traffic signals and related infrastructure. The awarded vendor will provide services related to the repair and replacement of traffic signal knockdowns related to vandalism or accidents.

To serve and promote the welfare of its residents, the City intends to procure the Services, as described below.

TRAFFIC SIGNAL ON-CALL SERVICES AND EMERGENCY REPAIR SERVICES (KNOCKDOWNS) REQUEST FOR PROPOSALS
A. Scope of Services
The Services sought under this Request for Proposals (“RFP”) are set forth in more detail in Exhibit “A”, attached hereto and incorporated herein by this reference. Notwithstanding the inclusion of such Services in Exhibit “A”, the final scope of Services negotiated between City and the successful Proposer shall be set forth in the Maintenance Services Agreement (“Agreement”) executed by and between City and the successful Proposer. A copy of the Agreement is attached hereto as Exhibit “B” and incorporated herein by this reference.

1. Public Works Prevailing Wage and Contractor Registration: Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing at sections 1720 et seq. and 1770 et seq. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations.

Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/.

In addition, a copy of the prevailing rate of per diem wages will be made available at the City’s Public Works Department upon request. The successful bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors. If the total compensation under the contract will exceed $25,000 and pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a 1Use of the term “firm” shall mean individual proprietorship, partnership, Limited Liability Company, corporation or joint venture.

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4 contract to perform public work must be registered with the Department of Industrial Relations (“DIR”). No bid shall be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the Project. The contract awarded pursuant to this proposal may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations.

B. City Contact for this RFP
The principal contact for the City regarding this RFP will be Precious Carter, Purchasing Division Manager for the City’s Purchasing Department, (909) 384-5086, email:

[email protected] or a designated representative, who will coordinate the assistance to be provided by the City to the Proposer.

C. Requests for Clarification
All questions, requests for interpretations or clarifications, either administrative or technical must be requested in writing and directed to the City Contact for this RFP, identified above.

All written questions, if answered, will be issued to all prospective proposers via Planetbids. Oral statements regarding this RFP by any persons should be considered unverified information unless confirmed in writing. To ensure a response, questions must be received in writing by 3:00 p.m. local time on the date identified in the Proposal Schedule. Each Proposer is responsible for ensuring that it has received all addenda, clarifications, supplemental information and responses to questions prior to submitting a proposal.

D. Pre-Proposal Meeting (No Meeting Required)
No meeting required
E. Content and Format of Proposal
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall include one (1) electronic pdf version to be uploaded to Planetbids. Proposals shall be organized, tabbed, and numbered in the order presented below.

Proposals must include page numbers for all pages in the proposal.

Proposals shall be in the following order and shall include:

1. Executive Summary: (limit: 1 pages) Summarize the content of your proposal in a clear and concise manner.

2. Table of Contents: (limit: 1 page)

3. Identification of Proposer: (limit: 1 pages)
a. Legal name and address of the company.
b. Legal form of company (partnership, corporation).

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5 c. If company is a wholly owned subsidiary of a “parent company,” identify the “parent company.”
d. Name, title, address and telephone number of the proposed representative to contact concerning the Proposal Submittal. e. California Business License Number

4. Staffing Resources: (limit: 2 pages)
a. Firm Staffing and Key Personnel
(i) Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed.
(ii) Identify three (3) persons that shall be principally responsible for working with the City. Indicate the role and responsibility of each individual. If the Proposer is chosen as a finalist, these principal individuals must attend the interview and in-person presentation.
(iii) Describe proposed team organization, including
identification and responsibilities of key personnel. Please include one-page resumes.
(iv) Provide brief biographies of individuals that shall be working directly with the City.
b. Subcontractors
(i) The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor(s) that is anticipated to perform each function, if known at this time.

5. Fiscal Stability: (limit: 4 pages- not including supporting documentation) a. The Proposer should provide evidence of corporate stability including:
(i) A current report from any commercial credit rating service such as Dunn and Bradstreet or Experian; or
(ii) A letter from a financial institution stating a current line of credit; and
(iii) Latest audited financial statement and/or annual report that has been certified by a CPA. This information will remain confidential and is not subject to public disclosure.

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6 6. Experience and Technical Competence: (limit: 4 pages) a. Experience
(i) The Proposer shall provide a description of how the Proposer’s experience, technical and professional skills will meet the goals and fulfill the general functions identified in this RFP.
(ii) Describe the past experience of the staff to be assigned to perform the Services in performing similar services.
(iii) The Proposer shall state the number of years the firm has conducted business. Proposer must have at least four (4) years’ experience in providing the required scope of
Services for public clients.
(iv) Provide five (5) references regarding the Proposer’s experience and performance performing similar services.

Include the following information: (1) Organization/City, contact name, phone number, e-mail address; and (2)
project size and description, if applicable, and description of services.
(v) Describe the Proposer’s local experience and knowledge of City.
b. Project Specific Experience
(i) The Proposer shall provide a description of the three most relevant service contracts held within the last five years, one page per project, to include:
(a) Role of the firm
(b) Dollar value of the services
(c) Dollar value of the fee
(d) Description of services
(e) Staffing
(f) Duration of providing services
(g) Relationship to client
(h) Contact name, position, entity name, telephone
number, fax number and e-mail address for each
project.

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7 (ii) If any of the following has occurred, please describe in detail:
(a) Failure to enter into a contract or professional
services agreement once selected.
(b) Withdrawal of a proposal as a result of an error.
(c) Termination or failure to complete a contract.
(d) Debarment by any municipal, county, state, federal
or local agency.
(e) Involvement in litigation, arbitration or mediation.

Conviction of the firm or its principals for violating a state or federal antitrust law by bid or proposal
rigging, collusion, or restrictive competition between
bidders or proposers, or conviction of violating any
other federal or state law related to bidding or
professional services performance. Knowing
concealment of any deficiency in the performance of
a prior contract.
(f) Falsification of information or submission of
deceptive or fraudulent statements in connection
with a contract.
(g) Willful disregard for applicable rules, laws or
regulations.

Information regarding any of the above may, at the
sole discretion of the City, be deemed to indicate an
unsatisfactory record of performance.
c. Technical Competence
(i) Description of in-house resources (i.e., computer
capabilities, software applications, modem protocol,
modeling programs, etc.)
(ii) Ability to draw upon multi-disciplinary staff to address the Services requested in this RFP.

7. Proposed Method to Accomplish the Work: (limit: 2 pages) Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the Services, goals of the City, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described in Exhibit “A”, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work.

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8 8. Fee Proposal: (limit: 10 pages) Please provide a Unit Cost fee proposal (using the attached pricing template) for the scope of Services. The fee proposal shall include hourly rates for all personnel for “Additional Work” (as such term is defined in the proposed Agreement attached hereto as Exhibit “B”).

9. Insurance: (limit: 2 pages) - not including supporting documentation) See the Agreement, attached hereto as Exhibit “B”, for a description of the insurance requirements.

Please provide a copy of your Certificate of Insurance for verification of the cities insurance requirements.

10. Litigation: (limit: 2 pages) Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years.

11. Other Information: (limit: 2 pages) This section shall contain all other pertinent information regarding the following:
a. Demonstration of record of staffing tasks efficiently and completing projects on time and within the allocated budget.
b. Description of community involvement.
c. Description of any previous involvement with the City. d. A statement that the Proposer has not conflicts of interest in connection with providing the Services.

12. Certification of Proposal: This section shall state:
“The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.”

13. Appendices: (limit: 2 pages)
F. No Deviations from the RFP
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted in the proposal and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein. If no deviations/exceptions will be taken proposer must indicate this information by submitting a statement that not deviations/exceptions are being taken.

G. Selection Process

1. The City will evaluate proposals based on the following criteria:
a. The Proposer is properly licensed to practice in the State of California.

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9 b. The Proposer has no conflict of interest with regard to any other work performed by the firm for the City.
c. Clarity and conformance of proposal to the RFP.
d. Content of the proposal.
e. Proposer’s experience and performance.
f. Team members’ experience and performance.
g. Fee proposal.
h. Litigations (Pass/Fail)
i. Exceptions/Deviations (Pass/Fail)
j. Comments by references. (Pass/Fail)

2. During the evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from Proposers, or to allow corrections of errors or omissions.

3. It is the City’s intent to select a Proposer best evidencing demonstrated competence and professional qualification to perform the Services. The City reserves the right to reject all proposals, select by proposal review only or interview as needed. Certain Proposers may be selected to make a brief presentation and oral interview after which a final selection will be made. The successful Proposer will be selected on the basis of information provided in the RFP, in-person presentations, and the results of the City’s research and investigation. Upon selection of a Proposer, the City will endeavor to negotiate a mutually agreeable Agreement with the selected Proposer. In the event that the City is unable to reach agreement, the City will proceed, at its sole discretion, to negotiate with the next Proposer selected by the City. The City reserves the right to contract for services in the manner that most benefits the City including awarding more than one contract if desired.

4. After negotiating a proposed Agreement that is fair and reasonable, City staff will make the final recommendation to the City Council concerning the proposed Agreement.

The City Council has the final authority to approve or reject the Agreement.

H. Protests

1. Protest Contents: Protests based on the content of the RFP shall be submitted to the City no later than ten (10) calendar days prior to the scheduled proposal submittal deadline. If necessary, the proposal submittal deadline may be extended pending a resolution of the protest. Proposer may protest a contract award if the Proposer believes that the award was inconsistent with City policy or this RFP is not in compliance with law. A protest must be filed in writing with the City (email is not acceptable) within five (5) business days after receipt of notification of the contract award. Any protest submitted after 5 p.m. of the fifth business day after notification of the contract award will be rejected by the City as invalid and the Proposer’s failure to timely file a protest shall waive the Proposer’s right to protest the contract award. The Proposer’s protest must include supporting documentation, legal authorities in support of the Packet Pg. 971
10 grounds for the protest and the name, address and telephone number of the person representing the Proposer for purposes of the protest. Any matters not set forth in the protest shall be deemed waived.

2. City Review: The City will review and evaluate the basis of the protest, provided that the protest is filed in strict conformity with the foregoing. The City shall provide the Proposer submitting the protest with a written statement concurring with or denying the protest.

Action by the City relative to the protest will be final and not subject to appeal or reconsideration.

The procedure and time limits set forth in this section are mandatory and are the Proposer’s sole and exclusive remedy in the event of protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings.

I. Proposal Schedule
The tentative schedule is as follows:

ACTION DATE
Release of Request for Proposal May 31st, 2022
Last Day to Submit Questions for Clarification
received by the City on or before 3:00 pm
June 7th, 2022
Clarifications Issued by City on or before 3:00 pm June 10th, 2022 Deadline for Receipt of Proposals
submitted on or before 3:00 pm
June 21st, 2022
The above scheduled dates are tentative and City retains the sole discretion to adjust the above schedule. Nothing set forth herein shall be deemed to bind City to award a contract for the above-described professional Services and City retains the sole discretion to cancel or modify any part of or all of this RFP at any time.

J. Submittal Requirements

1. General: It is strongly recommended that the Proposer submit proposals in the format identified in this RFP to allow the City to fully evaluate and compare the proposal.

All requirements and questions in the RFP should be addressed and all requested data shall be supplied. The City reserves the right to request additional information which, in the City’s opinion, is necessary to assure that the Proposer’s competence, number of qualified employees, business organization, and financial resources are adequate to perform according to the Agreement.

2. Preparation: Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP.

Responses should emphasize the Proposer’s demonstrated capability to perform the Services.

Expensive bindings and promotional materials, etc., are not necessary or desired. However, technical literature that supports the approach to providing the Services and work plan should be forwarded as part of the proposal. Emphasis should be concentrated on completeness, approach to the work and clarity of proposal.

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11 3. Site Examination: Proposers may visit the City and its physical facilities to determine the local conditions which may in any way affect the performance of the work; familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and codes affecting the performance of the work; make such investigations, as it may deem necessary for performance of the Services at its proposal price within the terms of the Agreement; and correlate its observations, investigations, and determinations with the requirements of the Agreement.

4. Authorization: The proposal shall be signed by an individual, partner, officer or officers authorized to execute legal documents on behalf of the Proposer.

5. Confidentiality of Proposal: Pursuant to Michaelis, Montanari, & Johnson v. Superior Court (2006) 38 Cal.4th 1065, proposals submitted in response to this RFP shall be held confidential by City and shall not be subject to disclosure under the California Public Records Act (Cal. Government Code section 6250 et seq.) until after either City and the successful Proposer have completed negotiations and entered into an Agreement or City has rejected all proposals. All correspondence with the City including responses to this RFP shall become the exclusive property of the City and shall become public records under the California Public Records Act. Furthermore, the City shall have no liability to the Proposer or other party as a result of any public disclosure of any proposal or the Agreement.

If a Proposer desires to exclude a portion of its proposal from disclosure under the California Public Records Act, the Proposer must mark it as such and state the specific provision in the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. For example, if a Proposer submits trade secret information, the Proposer must plainly mark the information as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a Proposer submits is a trade secret. If a request is made for information marked “Confidential”, “Trade Secret” or “Proprietary” (“Proprietary Information”), the City will provide Proposers who submitted the information with reasonable notice to seek protection from disclosure by a court of competent jurisdiction. Proposer shall have five (5) working days after receipt of such notice to give City written notice of Proposer's objection to the City's release of Proprietary Information. Proposer shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information.

Proposals which indiscriminately identify all or most of the proposal as exempt from disclosure without justification may be deemed unresponsive and disqualified from further participation in this procurement.

Submittal Instructions: The proposal must be received no later than 3:00 pm local time, on or before June 21, 2022 via Planetbids.

The City shall not be responsible for proposals that are delinquent, lost, incorrectly marked, sent to an address other than that given herein, or sent by mail or courier service and not signed for by the City. ***Please Note*** Technical delays and issues may occur from time to time. Please be advised that the city is not responsible for late bids due to technical discrepancies. Bids will not be accepted in any other format.

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12 K. General Conditions

1. Amendments to RFP: The City reserves the right to amend the RFP and issue to all Proposers an addendum.

2. Amendments to Proposals: Unless specifically requested by the City, no amendment, addendum or modification shall be accepted after a proposal has been submitted to City. If a change to a proposal that has been submitted is desired, the submitted proposal must be withdrawn and the replacement proposal submitted prior to the deadline stated herein for receiving proposals.

3. Non-Responsive Proposals: A proposal may be considered nonresponsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the proposal.

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

5. Cancellation of RFP: City reserves the right to cancel this RFP at any time prior to contract award without obligation in any manner for proposal preparation, interview, fee negotiation or other marketing costs associated with this RFP.

6. Price Validity: Prices provided by Proposers in response to this RFP are valid for 190 days from the proposal due date. The City intends to award the contract within this time but may request an extension from the Proposers to hold pricing, until negotiations are complete and the contract is awarded.

7. No Commitment to Award: Issuance of this RFP and receipt of proposals does not commit the City to award a contract. City expressly reserves the right to postpone the proposal for its own convenience, to accept or reject any or all proposals received in response to this RFP, to negotiate with more than one Proposer concurrently, or to cancel all or part of this RFP.

8. Right to Negotiate and/or Reject Proposals: City reserves the right to negotiate any price or provision, task order or service, accept any part or all of any proposals, waive any irregularities, and to reject any and all, or parts of any and all proposals, whenever, in the sole opinion of City, such action shall serve its best interests and those of the tax-paying public. The Proposers are encouraged to submit their best prices in their proposals, and City intends to negotiate only with the Proposer(s) whose proposal most closely meets City’s requirements at the lowest estimated cost. The Agreement, if any is awarded, shall go to the Proposer whose proposal best meets City’s requirements.

9. Non-Discrimination: The City does not discriminate on the basis of race, color, national origin, religion, age, ancestry, medical condition, disability or gender in consideration for an award of contract.

Publication Date of RFP: May 31st, 2022
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13 EXHIBIT A

PROPOSED SCOPE OF SERVICES
Traffic Signal On-Call Services and Emergency Repair Services (Knockdowns) Scope of Work and Technical Specifications
The City of San Bernardino is seeking on-call support and emergency repair/replacement services for the City’s traffic signals and related infrastructure. The vendor will provide services related to the repair and replacement of traffic signal knockdowns related to vandalism or accidents.

1. Accidental Damage Repair – will consist of repairing damage to traffic signal systems (to include safety lights) and poles/foundations resulting from vehicular accidents. Accidental repair work includes cleanup of debris, such as that from a pole knockdown, set-up of barricades or other traffic control signs, hook-up of temporary controllers, temporary poles, temporary signals (as necessary), and any other work related to safeguarding the site against all injury or damage to the public and to return the intersection to a fully operational status as quickly as possible. The vendor will provide adequate traffic control and warning signs per Manual on Uniform Traffic Control devices (MUTCD) guidelines and shall maintain proper work site and directional signs while performing repair work. All temporary signals, controllers, or other equipment shall provide the same functional capability as the original installation.

2. Vandalism—This work will consist of repairing damage to traffic signal systems as a result of theft, break-in (into cabinets), or even purposeful knockdown of poles.

Bidders must acknowledge all requirements of previous section, including all categories and subpoints.

Please Sign and Acknowledge Here: __________________________________________ _________________________________________________________________________ If Bidder can provide additional services that are related to the services above, but not mentioned in this section, please list the additional services and detail how they will be beneficial to the city BIDDER’S RESPONSE:

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14 Parts, Material Quality, and Workmanship

1. Unless otherwise provided for in the specifications, all workmanship, equipment, materials, and articles incorporated in the work covered by this agreement shall be of the best quality of their respective kind and for their purpose. Wherever replacement of material or equipment, in accordance with the Standard Plans and Specifications may cause an obvious difference in either appearance or operation of the system or would be in any way incompatible with other existing equipment, the vendor shall so inform City staff. All phases of the work are subject to inspection and approval of City staff.

2. The vendor shall absorb the cost and responsibility for repairing parts to the signal equipment and control devices under the provisions of the preventative maintenance program while performing regularly scheduled maintenance. When total equipment and controller devices become obsolete or deteriorated to the point of being beyond repair, the Contractor shall report such conditions to City staff and demonstrate or provide evidence that replacement is necessary.

3. All permanent repairs to the system shall be undertaken within a thirty (30) day period.

Failure to effect permanent repairs within this time limit shall be sufficient cause for City staff to authorize repairs to be completed by another contractor.

4. The vendor shall be responsible for furnishing all spare parts necessary to maintain the continued safe and efficient operation of the signals whenever the original unit is withdrawn for maintenance, repair, or modification. All component parts of each system shall be maintained at all times to perform the functions for which they were designed, unless authorized otherwise by City staff.

Bidders must acknowledge all requirements of previous section, including all categories and subpoints.

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15 Repair or Replacement Services Records
The following records shall be maintained by the vendor covering signal maintenance activities:

2. A database shall be maintained indicating previous maintenance and scheduled maintenance work.

Bidders must acknowledge all requirements of previous section, including all categories and sub-points.

Response and Service
The vendor shall provide response and service in the following manner:

1. The vendor shall designate and inform City staff of a telephone number(s), where a representative can be reached concerning response or on-call maintenance.

The vendor shall be accessible at this telephone number(s) and available to perform traffic signal repair/response maintenance, twenty-four (24) hours a day, seven (7) days a week, including holidays. A fax number and an e- mail address for transmitting documents shall be owned and operated by the vendor.

2. When the notification is sent by City staff to the vendor between 8:00 a.m. and 5:00 p.m., the response time shall not exceed two (2) hours, Monday through Friday.

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16 3. When the notification is received at any other time or on any other day, the response time shall not exceed three (3) hours.

5. Vendor’s response to emergency repair should be coordinated with City staff.

6. The vendor shall restore normal operation of each traffic signal or system master covered under this contract within twenty-four (24) hours of notification.

On this end, the vendor shall install a City supplied substitute controller unit and/or cabinet that can provide the same signal operation, insofar as phasing and time, until the existing controller unit and/or cabinet can be returned to service or replaced. The installation of a substitute cabinet shall be considered as traffic signal repair/response maintenance and will be paid as noted in the Unit Cost Sheet.

7. In the event the vendor is required to furnish a controller unit or cabinet, prior approval is required from City staff. If the existing controller unit or cabinet is repairable, it shall be returned to service within thirty (30) days. The vendor or shall use only City- recommended and supplied controllers, such as Naztec, or Econolite Make Controllers ASC/2S, ASC/2M, Cobalt, or McCain 2070 etc. The Contractor shall not use any other type of controllers from other manufacturers not recommended by City staff.

9. If the response time exceeds eight (8) hours or more, City staff reserves the right to have the repairs done by another company at the sole expense of the vendor. All penalty costs will be deducted from the monthly payments to the vendor
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17 10. The vendor shall provide all material and equipment required for response maintenance. Permanent repairs shall be completed as soon as possible, and, in all cases, within thirty (30) days, unless extended, due to unusual circumstances, by City staff. City staff may extend the maximum response time if materials are unavailable.

Bidders must acknowledge all requirements of previous section, including all categories and sub-points.

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18 UNIT COST COMPENSATION SHEET
Type of Equipment or Material Unit Cost (Each)
Furnish and install new Controller Cabinet (TS – 2 Type 1 “P”) Furnish and install new signal controller
Furnish and replace/install American Disability Act (ADA) complaint PPB Furnish and install ADA compliant Pedestrian Pushbutton (PPB) post (no foundation replacement)
Furnish and install ADA compliant PPB post (with foundation replacement)
Furnish and install Audible PPB (Polara)
Furnish and Install 12’ Green pedestrian light pole (no foundation replacement)
Furnish and Install 12’ Green pedestrian light pole (with foundation replacement)
Furnish and Install 30’ Green pedestrian light pole (no foundation replacement)
Furnish and Install 30’ Green pedestrian light pole (with foundation replacement)
Type 1-A – 10’ (no foundation replacement)
Type 1-A - 10’ (with foundation replacement)
Type 1-B – 10’ (no foundation replacement)
Type 1-B - 10’ (with foundation replacement)
Type 1-D – 10’ (no foundation replacement)
Type 1-D -10’ (with foundation replacement)
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Exhibit A
Furnish and Install Type 18-4-100 with foundation
Furnish and Install Type 19-4-100 with foundation
Install Type 15 pole with new 8’luminaire mast arm with LED light and Install Foundation
Install Type 15 pole with new 8’luminaire mast arm with LED light Remove existing type 15 Pole
Pull box # 3.5
Pull box # 5
Pull box # 6
Pull box lid for # 3.5
Pull box lid for #5
Pull box lid for #6
12” LED signal (Green – Ball)
12” LED signal (Yellow – Ball)
12” LED signal (Red – Ball)
12” LED signal (Green – Arrow)
12” LED signal (Yellow – Arrow)
12” LED signal (Red – Arrow)
8” LED signal (Yellow – Ball)
8” LED signal (Red – Ball)
8” LED signal (Green – Arrow)
8” LED signal (Yellow – Arrow)
8” LED signal (Red – Arrow)
LED pedestrian signal
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Exhibit A
LED countdown pedestrian signal
Audible signal
Type “C” pedestrian signal housing
12” full circle visor
8” full circle visor
3 section 8” back plate (louvered)
3 section 12” back plate
3 section signal head complete assembly installation
4 section signal head complete assembly installation
5 section signal head complete assembly installation
Remove and secure a knockdown traffic signal pole
Trench rigid PVC conduit (1.5” to 3”)
Bore rigid PVC conduit (1.5” to 3”)
Trench rigid steel conduit (1.5” to 3”)
Bore rigid steel conduit (1.5” to 3”)
City furnished Battery Backup system in an existing “P” cabinet City furnished Battery Backup system in a stand-alone cabinet City furnished Battery Backup system and foundation
City furnished LED signal (vehicle indication only)
City furnished LED signal (Pedestrian indication only)
Installation of Timing Plan in controller
City furnished New Controller Cabinet (TS-2 Type 1 or Type 2) on existing foundation
City furnished New Controller Cabinet (TS-2 Type 1 or Type 2) on new Packet Pg. 982
Exhibit A
foundation. Furnish and install new foundation
City furnished Pedestrian signal housing replacement (Type C) Attach City furnished solar-powered radar sign to existing pole Install City furnished radar feedback sign or flashing beacon – Furnish and install foundation and pole in sidewalk
Install City furnished radar feedback sign or flashing beacon – Furnish and install foundation and pole in dirt
Install City furnished Rectangular Rapid Flashing Beacons (RRFB).

Furnish and install foundation with pole in dirt LS (complete system may be 2 or 3 RRFB)
Install City furnished RRFB. Furnish and install foundation with pole in LS sidewalk (complete system may be 2 or 3 RRFB)
Install City furnished GPS Opticom with receiver
Installation of complete lighted crosswalks – wired (up to 8 lights for two-lane LS roadway)
Installation of complete lighted crosswalks – solar wireless (up to 8 lights for two-lane roadway)
Restore turned signal head
Restore turned pedestrian signal head
Restore loose back plate
Restore loose missing visor or replace
Installation of traffic sign on overhead mast arm
Reset signals on flash and reset the Malfunction Management Unit (MMU) Grand Total $
After Work Hours or Weekend Hours Rate (additional
cost per hour) of labor (or flat rate added):$
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EXHIBIT B

SAMPLE CITY OF SAN BERNARDINO

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], 2021 by and between the City of San Bernardino, a municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”) and [***INSERT NAME***], a [***[INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY]***] with its principal place of business at [***INSERT ADDRESS***] (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

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

Contractor represents that it is experienced in providing [***INSERT TYPE OF SERVICES***] services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for the [***INSERT NAME OF PROJECT***] project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from [***INSERT START DATE***] to [***INSERT ENDING DATE***], unless earlier terminated as provided herein. [***INSERT THE FOLLOWING SENTENCE FOR MULTI-YEAR, AUTOMATIC RENEWAL NOT TO EXCEED THREE CONSECUTIVE YEARS; OTHERWISE, ALWAYS DELETE: The City Packet Pg. 984
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shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than [INSERT NUMBER] additional one-year terms.***] Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Contractor.

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

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

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

3.2.5 Contractor’s Representative. Contractor hereby designates [***INSERT NAME OR TITLE***], or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement.

The Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

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3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. [***INCLUDE THE FOLLOWING SENTENCE ONLY IF YOU’RE INCLUDING LD’S – DELETE OTHERWISE – DON’T SIMPLY INSERT $0; ALSO DELETE “AND LIQUIDATED DAMAGES” FROM TITLE OF SECTION ***]Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of [***INSERT WRITTEN DOLLAR AMOUNT***] Dollars ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.

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

3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed Packet Pg. 986
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that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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

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

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

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

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

3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Packet Pg. 988
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Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance. [***CITY RISK MANAGER TO REVIEW TO DETERMINE WHETHER REQUIREMENTS AND LIMITS ARE ACCEPTABLE***]

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

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; (4) Privacy/Network Security (Cyber), in a form and with insurance companies acceptable to City; and (5) Aviation and/or Drone Liability, in a form and with insurance companies acceptable to City. [***DELETE IF AVIATION LIABILITY IS NOT REQUIRED***]The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another.
(B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability:[***INSERT AMOUNT - TYPICALLY $2,000,000 MINIMUM; and $4,000,0000 aggregate. HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:[***INSERT AMOUNT - TYPICALLY $1,000,000 MINIMUM; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of [***INSERT AMOUNT - TYPICALLY $1,000,000 MINIMUM; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] per accident for bodily injury or disease; (4) Cyber Liability: :[***INSERT AMOUNT - TYPICALLY $1,000,000 PER OCCURRENCE/AGGREGATE; HOWEVER, Packet Pg. 989
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AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] for privacy breaches, system breaches, denial/loss of service, and introduction, implantation or spread of malicious software code; (5) Aviation/Drone Liability: [***INSERT AMOUNT - TYPICALLY $1,000,000 PER OCCURRENCE LIMIT; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] for bodily injury and property damage.[***DELETE IF AVIATION LIABILITY NOT REQUIRED***] Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).

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(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.

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

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

3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all Packet Pg. 991
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insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

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

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

3.2.13 Bonds.
[***NOTE (READ AND DELETE THIS BLOCK BEFORE USING MODEL):

Some maintenance projects of more than $25,000 will require payment bonds by law. See generally Civil Code Section 9550 or speak to the City’s Purchasing Team or City Attorney***]

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

3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount Packet Pg. 992
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of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

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

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

3.2.15 Work Site.

3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or Packet Pg. 993
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omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

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

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed [***INSERT WRITTEN DOLLAR AMOUNT***] ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) without written approval of City’s [***INSERT TITLE***]. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Packet Pg. 994
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Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

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

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

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

3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Packet Pg. 995
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Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

3.4 Termination of Agreement.

3.5 General Provisions.

Contractor:
[***INSERT NAME, ADDRESS & CONTACT PERSON***]
City:

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

3.5.2 Indemnification.

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

3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this indemnification section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters Packet Pg. 997
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that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

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

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

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

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

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

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

3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working Packet Pg. 998
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solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

3.5.19 Federal Provisions.[***INCLUDE THIS SECTION ONLY IF APPLICABLE; DELETE OTHERWISE AND DELETE ASSOCIATED EXHIBIT. IF APPLICABLE, YOU MAY ALSO NEED TO INCLUDE SOME INFORMATION IN THE RFP. CONSULT AGENCY COUNSEL IF NECESSARY***]When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

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

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

Best Best & Krieger LLP
City Attorney
[***INSERT NAME OF CONTRACTOR***]
[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER REQUIRED]
By:

Its:

Printed Name:
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:

Its:

Printed Name:
____________________________________
Contractor’s License Number
____________________________________
DIR Registration Number
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RFP F-22-72 Traffic Signal On-Call Services and
Emergency Repair Services
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Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:

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RFP F-22-72 Traffic Signal On-Call Services and
Emergency Repair Services
-22-
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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RFP F-22-72 Traffic Signal On-Call Services and
Emergency Repair Services
-23-
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)
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RFP F-22-72 Traffic Signal On-Call Services and
Emergency Repair Services
-24-
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER
Individual

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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RFP F-22-72 Traffic Signal On-Call Services and
Emergency Repair Services
-25-
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER
Individual

Signer is representing:

END OF PERFORMANCE BOND
Packet Pg. 1005
Payment Bond (Labor and Materials).

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of Packet Pg. 1006
any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Packet Pg. 1007
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER
Individual

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

Packet Pg. 1008
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER
Individual

Signer is representing:

END OF PAYMENT BOND
Packet Pg. 1009
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 1 Proposal For The

CITY OF SAN BERNARDINO

FOR TRAFFIC SIGNAL ON-CALL SERVICES AND EMERGENCY REPAIR SERVICES (KNOCKDOWNS)
Proposal to the City of San Bernardino
Presented by: St Francis Electric
1420 Citrus St. Riverside, CA 92507
“Experience, Quality & Reliability…”
Due by: June 21, 2022 @ 3:00 p.m.

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St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 3

2. TABLE OF CONTENTS

1. EXECUTIVE SUMMARY ............................................................................................................................. 2

2. TABLE OF CONTENTS ............................................................................................................................... 3

3. IDENTIFICATION OF SFE ........................................................................................................................... 4

4. STAFFING RESOURCES............................................................................................................................. 5

5. FISCAL STABILITY....................................................................................................................................... 9

6. EXPERIENCE AND TECHNICAL COMPETENCE .................................................................................... 30

7. PROPOSED METHOD TO ACCOMPLISH THE WORK ........................................................................... 34

8. FEE PROPOSAL....................................................................................................................................... 41

9. INSURANCE ............................................................................................................................................ 45

10. LITIGATION............................................................................................................................................ 47

11. OTHER INFORMATION ......................................................................................................................... 48

12. CERTIFICATION OF PROPOSAL........................................................................................................... 49

13. APPENDICES......................................................................................................................................... 50 NO DEVIATION FROM THE RFP ................................................................................................................. 52 Packet Pg. 1012
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 4

3. Identification of St. Francis Electric
a. Legal Name: St. Francis Electric, LLC.

Address: 1420 West Citrus Street, Riverside, CA 92507
b. Legal Form of Company: St. Francis Electric, LLC is a Limited Liability Corporation chartered under the State of California and incorporated in 1986
c. SFE is not owned by another business organization or individual
d. Contact concerning the Proposal Submittal: Guy Smith – Vice President 975 Carden Street
San Leandro, CA 94577
(510) 639-0639 x 211
e. California Business License Number: 4073169
Company Profile & History
SFE has been in the electrical business for 76 years. We have provided a track record of success in the contracting and in the maintenance divisions, over these 76 years. We have the senior management team to allow for continued growth and have the path of growth to succeed. We have seen tremendous changes in our industry and have grown our business along the lines of longevity and stability. We have matured as a company from the early days of SFE into a leader in our industry. We pride ourselves on a close working relationship with our clients and we have continued to create new and lasting relationships with all of them. SFE has extensive experience in the maintenance work that is being requested. SFE owns and operates approximately 100+ service vehicles of various types and sizes throughout California.

We maintain management of all our costs and expenses. Having been in the Electrical business for these 76 years length of time, we have crafted special relationships with our suppliers and our financial backing. We have worked on projects that have been worth over 20 million dollars and have successfully secured the financing and the manpower to produce the finest work and craftsmanship in this business proving that SFE is the best qualified to provide the services as described in this RFP. We intend to bring our years of experience to this maintenance proposal.

Principals of the Company
Name Title Address
Robert Spinardi President 975 Carden St, San Leandro, CA 94577 Guy Smith Vice President, Secretary & Manager 975 Carden St, San Leandro, CA 94577 Andrew Amador Vice President 975 Carden St, San Leandro, CA 94577 Karla Brauer Treasurer 975 Carden St, San Leandro, CA 94577 Headquarters Riv/SB/OC/LA Region 24/7/365 Telephone Service 1-(844)-LIGHT88 St. Francis Electric, LLC Jill Petrie Shenoa Townsend
975 Carden Street SoCal Area Manager Project Manager
San Leandro, CA 94577 1420 Citrus Street 1420 Citrus Street Office: (510) 639-0639 Riverside, CA 92507 Riverside, CA 92507 Fax: (510) 639-4653 Cell: (951) 203-4586 Cell: (951) 906-7626 Fax: (951) 274-0061 Fax: (951) 274-0061
Email: [email protected] Email: [email protected] Packet Pg. 1013
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 5

4. Staffing Resources
a. Firm Staffing and Key Personnel
i. Currently SFE has over 250+ employees. The estimated proposed staff to provide services for this contract would be 25+ employees. The local staff support consists of 15+ employees and continues to grow rapidly. Corporate staff has also dedicated its staff (approximately 10+ employees) to support the Southern California operations which would include services provided for the City of San Bernardino.

Jill Petrie - SoCal Area Manager/Project Manager (Key
Personnel)
Scott Verplanck – Foreman/Traffic Signal &
Streetlight Technician/Electrician (Key Personnel)
Shenoa Townsend – Project Manager (Key Personnel) Emi Cervantes – Assigned Traffic Signal & Streetlight Technician/Electrician (Key Personnel)
Andy Briones - Project Administrative Support (Key
Personnel)
Gonzalo Moreno – Assigned Traffic Signal &
Streetlight Technician/Electrician (Key Personnel)
Guy Smith - Maintenance Division Manager/VP/CEO
(Management Contact)
Lance Alm - Traffic Signal & Streetlight
Technician/Electrician (Key Personnel)
Ceasar Gonzales – Traffic Signal & Streetlight
Technician/Electrician – (Staff Support)
Chris Cruz – Traffic Signal & Streetlight Technician /
Electrician (Key Personnel)
Stephen Petrie - Traffic Signal & Streetlight
Technician/Electrician (Key Personnel)
Alex Lara - Traffic Signal & Streetlight
Technician/Electrician (Key Personnel)
Josh Alm – Streetlight Technician / Electrician (Key
Personnel)
Sergio Godinez – Streetlight Technician / Electrician
(Staff Support)
SFE is an active union company and is supported by the local unions in all areas which provides upon request certified IBEW journeyman electricians, traffic signal technicians, laborers, and apprentices for these classifications. SFE supports these unions and their apprenticeship programs in order to develop knowledge and growth which in turn provides jobs for our local communities in the traffic signal maintenance industry. Currently, SFE has 5 qualified IMSA candidates on file pursuing employment with SFE and we would be willing to bring these candidates on as needed. ii. Individuals principally responsible for working with the City include Jill Petrie – SoCal Area Manager – responsible for quality of service, communications with the City, contract execution, and Proposal/Estimating. Shenoa Townsend – Project Manager – responsible for repairs, upgrades, extraordinary work, city project planning, and assisting City with Fiscal budgeting. Scott Verplanck – Foreman - responsible for overseeing projects and managing field technicians along with responding to service calls. Emi Cervantes – Traffic Signal Technician / Electrician – responsible for responding to service calls and communications with the City.
iii. Summarized Resumes
Jill Petrie is the SoCal Area Manager, a key personnel contact for the City of San Bernardino. Her responsibilities include quality of service, communications with the City, and Proposal/Estimating. She is fully available to the City of Redondo Beach for repairs, upgrades, extraordinary work, city project planning, assisting City with Fiscal budgeting and contract execution. She has over 21 years of experience in the Traffic Signal, ITS, and Street Light industry working with numerous Government agencies and contractors.

Work Experience:
 SoCal Area Manager / Project Manager – St. Francis Electric, LLC – 2015 to Present Packet Pg. 1014
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 6  Service Account Manager - Siemens Industry, Inc. - 2010 to 2015  Project Manager – Republic ITS - 2001 to 2010
Shenoa Townsend is the Project Manager and has over 17 years of experience working with traffic signal and streetlight maintenance service and contract management. Her responsibilities include quality of service, communications with the City, and Proposal/Estimating. She is fully available to the City of San Bernardino for repairs, upgrades, extraordinary work, city project planning, assisting City with Fiscal budgeting and contract execution.

Work Experience:
 Project Manager – St. Francis Electric, LLC. – 2021 to Present  Service Account Manager – Siemens Industry, Inc – 2015 to 2021  Senior Service Coordinator – Siemens Industry, Inc - 2012 to 2015  Jr Project Manager – Republic ITS – 2008 to 2012 (acquired by Siemens in 2010)  Service Coordinator – Republic ITS – 2006 – 2008
 Administrative Assistant / Dispatcher – Republic ITS – 2005 – 2006 Andy Briones has over 15 years of experience and is responsible for assisting with proposal estimates, monthly billing tasks, assisting City with Fiscal accounting and contract administrative/coordination tasks.

Work Experience:
 Service Coordinator – St. Francis Electric, LLC. – 2015 to Present  Service Coordinator – Siemens Industry, Inc – 2010 to 2015  Service Coordinator – Republic ITS – 2007 to 2010
Scott Verplanck has over 28 years of experience in the Traffic Signal and Streetlighting Maintenance. He is familiar with street lighting, traffic signal systems, and expectations. Skilled in all aspects of traffic signal and streetlight maintenance, troubleshooting and construction.

Work Experience
 Traffic Signal Technician – St. Francis Electric, LLC. – 2019 to Present  Traffic Signal Technician Construction, Utility Lead – Computer Service Company – 2017 to 2019  Traffic Signal Technician / Journeyman Electrician – Crosstown – 2016 to 2017  Construction & Utility - Schimick Construction – 2014 to 2016  Construction & Utility – California Professional Engineering – 2013 to 2014  Construction & Utility Lead - Siemens Industry, Inc. – 2010 to 2013  Construction & Utility Lead – Republic ITS – 2003 to 2010  Lead Utility - Econolite – 1998 to 2003
Emi Cervantes has over 17 years of experience in the Traffic Signal and Streetlighting Maintenance. Skilled in all aspects of traffic signal and streetlight maintenance and troubleshooting.

Work Experience
 Traffic Signal Technician – St. Francis Electric, LLC. - 2022 to Present  Traffic Signal Technician – Siemens Industry, Inc. and Yunex ITS – 2010 to 2022  Traffic Signal Technician – Republic ITS – 2008 to 2010  Traffic Signal Technician – Team Econolite – 2006 to 2008  Apprentice – LA Signal – 2005 – 2006
Gonzalo Moreno has 5 years of experience in the Traffic Signal and Streetlighting Maintenance. Skilled in all aspects of traffic signal and streetlight maintenance and troubleshooting.

Work Experience
Packet Pg. 1015
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 7  Traffic Signal Technician – St. Francis Electric, LLC. - 2022 to Present  Traffic Signal Technician – Bear Electrical – 2017 to 2022 Lance Alm has over 14 years of experience in the Traffic Signal and Streetlighting Maintenance. Skilled in all aspects of traffic signal and streetlight maintenance and troubleshooting.

Work Experience
 Traffic Signal Technician – St. Francis Electric, LLC. - 2016 to Present  Traffic Signal Technician – Siemens Industry, Inc. – 2010 to 2016  Traffic Signal Technician – Republic ITS – 2008 to 2010 Chris Cruz has over 2 years of experience in the Traffic Signal and Streetlighting Maintenance. Skilled in all aspects of traffic signal and streetlight maintenance, troubleshooting and construction.

Work Experience:
 Traffic Signal Technician / Electrician – St. Francis Electric, LLC. – 2020 to Present Stephen Petrie has over 14 years of experience in the street lighting / traffic signal maintenance and oncall emergency response.

Work Experience
 Traffic Signal/Street Lighting Technician – St. Francis Electric, LLC. – 2016 to Present  Traffic Signal/Street Lighting Technician – Siemens Industry, Inc. – 2010 to 2016  Traffic Signal/Street Lighting Technician – Republic ITS – 2008 to 2010 Alex Lara has over 7 years of experience in traffic signal maintenance services. He has worked in Cities that are similar in Scope of Services and size as the City of San Bernardino.

Work Experience
 Traffic Signal Technician – St. Francis Electric, LLC. – 2016 to Present  Traffic Signal Technician – Computer Service Company – 2014 to 2016  Construction Wireman – CSI – 2013 to 2014
Guy Smith is responsible for the maintenance operations for all offices he also oversees all field and front office. Guy is available to the City of San Bernardino to ensure contract satisfaction. He has over 20 years of experience in the Traffic Signal and Street Light business in maintenance, repairs, and modification for public agencies from the Bay Area through Central Valley.

Work Description
 Chief Executive Officer, Vice President and Secretary of Company  Authorized representative to sign agreements for SFE
 Supervisor responsible for managing 250+ employees
 Responsible for the management of all Maintenance and Construction projects and accounts.  10+ Years of multiple Video Detection installations, specifically: Iteris, Autoscope, Trafficon & Aldis
 Knowledgeable with CCTV installation, maintenance and troubleshooting; iv. Jill Petrie - has excellent relationships with manufacturers, contractors, municipalities, Region.al Transportation Associations, and State Department of Transportations. Extensive experience in both technical and construction related aspects of the traffic signal and streetlight maintenance industry.

Experienced in scheduling, coordinating field work, support calls and intersection turn-ons.

Shenoa Townsend - has provided service for many municipalities throughout Southern California, while building relationships with contractors, distributors, and manufacturers to ensure the best Packet Pg. 1016
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 8 pricing available for her customers. During her time in the industry, she has managed and scheduled a field team of 8 employees, while managing contracts and repair estimates.

Scott Verplanck - has many years of experience in building intersections therefore troubleshooting field wiring issues is one of his skills. He has been a primary responder for many emergency calls such as traffic signal pole and cabinet knock downs and is very familiar in trouble-shooting controllers and ITS equipment.

Emi Cervantes - Proficient with TS1, TS2, Type 170, ATC and NEMA Controllers. Video Detection installation and maintenance, specifically: Iteris & Autoscope. Also familiar with No Traffic detection systems. Experienced with installation and wiring of battery backup system and traffic signal controller cabinets. ATSI (Athens Technical Specialist, Inc.) CMU/MMU Testing Equipment Certified.

Familiarity with Various different Solar and Hardwired Speed Feedback Systems for both installation and troubleshooting. Intersection inspection and Service Meter installation inspection turn-on support.
b. Subcontractors
SFE will/may subcontract work with Sierra Pacific Electrical, Inc. SPE is very knowledgeable of the City of San Bernardino as they have been providing on-call response services for Traffic Signal and Streetlight Pole knockdowns, Service Meter knockdowns, Wire Pulls, Conduit Repairs and any extraordinary work needed by the City for over 10 years. If it is found that additional subcontractors are required, their information would be submitted to City at that time.

Company Address Phone Number License DIR
Registration Responsibilities
Sierra Pacific
Electrical,
Inc.
2542 Avalon St
Riverside, CA 92509 (951) 784-1410
264048
A, B, C101000004626
Underground
Construction,
Foundations
Sierra Pacific Electrical Contracting - Summarized Resumes Sarge – is the superintendent for all Sierra Pacific projects and schedules the crews for each project. He is Sierra Pacific’s main point of contact for projects. Sarge works closely with the estimator/project manager to ensure all work is done timely and correctly. He has been installing and modifying traffic signals for over 30 years.

Jorge Gomez – is the main estimator and designated project manager for all of his bids. He works with Sarge to keep his projects on scheduled and completed. He has over 20 years of experience installing and modifying traffic signals.

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St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 9

5. Fiscal Stability
a. Evidence of Corporate Stability
i. See current line of credit below
ii. Letter from Financial Institution
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St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 10 iii. Financial Statement
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St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 11 Packet Pg. 1020
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 12 Packet Pg. 1021
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 13 Packet Pg. 1022
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 14 Packet Pg. 1023
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 15 Packet Pg. 1024
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 16 Packet Pg. 1025
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 17 Packet Pg. 1026
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 18 Packet Pg. 1027
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 19 Packet Pg. 1028
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 20 Packet Pg. 1029
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 21 Packet Pg. 1030
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 22 Packet Pg. 1031
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 23 Packet Pg. 1032
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 24 Packet Pg. 1033
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 25 Packet Pg. 1034
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 26 Packet Pg. 1035
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 27 Packet Pg. 1036
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 28 Packet Pg. 1037
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 29 Packet Pg. 1038
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 30

6. Experience and Technical Competence
a. Experience
i. SFE’s experience
It is always the goal of SFE to hone our service around a City’s needs. We understand that throughout the term of a contract of this type, those needs may change. We approach all our contracts with the same vision; build a partnership with the City’s staff and work towards achieving common goals set forth through that partnership. We realize that this is an ever-evolving process and that is why we believe that the only successful route is through establishing these common goals. SFE’s account management team as well as our field staff will work closely with the City in order to make sure that all of your requests are being effectively addressed. We make every effort to ensure that the City’s staff is always aware of issues that are in need of attention.
ii. Past Experience of Staff
SFE has been extremely successful in retaining & acquiring traffic signal maintenance and response contracts due to our customer service and reputation; this is largely due to our desire to offer the best possible customer service. SFE staff has an exemplary customer service track-record highlighted by our well-qualified field personnel, knowledgeable customer service representatives, and our accounting department with on time quarterly invoicing and reports. We understand what is required to maintain a community’s electrical infrastructure and exceed our customer’s expectations. Our Southern Californian staff has an overwhelming combined Traffic signal maintenance response team experience for this exact scope of work of 50 years. It is from this experience that we have grown to understand that Cities such as the City of San Bernardino isn’t just looking for a contractor, they want a partner that they can trust has their best interest in mind. With SFE’s work ethics we intend to gain that trust and not ever lose it. iii. SFE has been conducting business for over 76 years and providing the services as outlined in this RFP for over 6 years.
iv. St. Francis Electric has established a reputation of quality service with our Southern California team.

The field and office staff have provided maintenance/response services to public agencies for over two decades and continue to build strong relationships with new clients. We understand the value of our clients as well as their demands all while keeping the citizens’ safety in mind. Additional references available upon request.

Client Address Contact Info Contract
Term Description
City of Corona 400 S. Vicentia Ave
Corona, CA 92882
Gabriel Hernandez
[email protected]
(951) 279-3709
2019/2-yr Staff Augmentation
For over 140 I/S’s
City of
Lancaster
44933 Fern Ave
Lancaster, CA 93534
Mike Harne
[email protected]
(661) 723-5801
2019/1-yr
2020/1-yr
TS & STL Maintenance
of over 140 I/S’s and
18,000 STL’s
City of Palm
Desert
73-510 Fred Waring Dr
Palm Desert, CA 92260
Bassam AL-Beitawi
[email protected]
(760) 776-6452
2017/2-yr
On-Call TS
Maintenance
City of Rialto 150 S Palm Avenue
Rialto, CA 92376
Marcus Fuller
[email protected]
(909) 820-2689
2016/1-yr+1+1
2019/1-yr+1+1
TS Maintenance of 102
I/S’s, 2 RRFB’s, 1 FB, 1
IRXW, & 6 Speed Signs
City of
Temecula
41000 Main Street
Temecula, CA 92590
Jeff Beardshear
[email protected]
(951) 760-9409
2016/4-yr+1 On-Call TS
Maintenance
Packet Pg. 1039
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 31 v. SFE has been providing the County of San Bernardino Traffic Signal Maintenance for 5 years and the SFE team has provided an additional 20 years of service. SFE also has a technician and service coordinator that reside in the City of San Bernardino so because of this, SFE and its team members are knowledgeable of the City of San Bernardino. It also currently provides services to its surrounding cities such as: Rialto, Loma Linda, and Redlands.
b. Project Specific Experience
i. Three most relevant service contracts
a. Traffic Signal Maintenance Contractor
b. $343,935 / yr
c. $343,935 / yr
d. Provided Bi-Monthly Preventative Maintenance and Emergency Services for 112 Locations e. Staffing – Jill Petrie, Shenoa Townsend, Scott Verplanck, Lance Alm & Emi Cervantes f. Since 2016 and on-going
g. Traffic Signal Maintenance Contractor
h. Marcus Fuller, City Manager, City of Rialto, 909-820-2689, Fax n/a, [email protected] a. Traffic Signal Maintenance Contractor
b. $250,000 / yr
c. $250,000 / yr
d. Staff Augmentation for Traffic Signal Systems Maintenance e. Staffing - Jill Petrie, Shenoa Townsend, and Alex Lara f. Since 2018 and on-going
g. Traffic Signal Maintenance Contractor
h. Gabriel Hernandez, Traffic Signal Coordinator, City of Corona, 951-903-9285, Fax n/a, [email protected]
a. Traffic Signal Maintenance Contractor
b. $100,000 / yr
c. $100,000 / yr
d. On-Call Traffic Signal Maintenance
e. Staffing – Jill Petrie, Shenoa Townsend, All On-Call Technicians f. Since 2016 and on-going
g. Traffic Signal Maintenance Contractor
h. Jeff Beardshear, Senior Signal Technician, City of Temecula, 951-760-9409, Fax n/a, [email protected]
iv. If any of the following has occurred, please describe in detail:
a. SFE has not failed to enter into a contract or professional services agreement once selected. b. SFE has not withdrawn a proposal as a result of an error. c. SFE has not terminated or failed to complete a contract. d. SFE is not debarred by any municipal, county, state, federal or local agency. e. SFE is not involved in litigation, arbitration, or mediation. SFE or its principals have not been convicted for violating a state or federal antitrust law by bid or proposal rigging, collusion, or restrictive competition between bidders or proposers, or convicted of violating any other federal or state law related to bidding or professional services performance. Knowing concealment of any deficiency in the performance of a prior contract.
f. SFE has not falsified information or submission of deceptive or fraudulent statements in connection with a contract.
g. SFE has not willfully disregarded applicable rules, laws or regulations.

Packet Pg. 1040
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 32 c. Technical Competence
i. In-House Resources
Salesforce
SFE is proud to utilize Salesforce Project Tracking ™ our computerized electronic maintenance and inventory management system. This internet cloud-based website www.salesforce.com/products/service-cloud/overview represents what we believe to be the forefront of customer account management and maintenance tracking in our industry. The City’s Salesforce Project Tracking ™ account will include a complete list of all of City of San Bernardino’s intersections, equipment inventory, a log of repair and replacement parts, and records of all routine and emergency calls received for the City. Once the technician has received a notification of a service request, he/she will respond and arrive on site within two (2) hours, making the proper repair work, and report the incident via online real time Salesforce™ on their mobile tablets. Reporting for routine maintenance activities is handled the same way.

The information handled by Salesforce™ includes:
• Service Request Management and Scheduling, including time stamping and dispatching. • Scheduled Maintenance Management and Scheduling.
• Location details of technicians and start work/end work times in the case of Emergency call-outs. • Intersection Details, inventories of equipment, maps, CAD drawing, timing sheets, etc. • Report Generation: including invoices, material use, etc. • Inventory control, including real-time tracking of available and installed equipment. • Information available to view or download through the Customer Portal, which includes:
• Real-time status of Scheduled Maintenance and Service Request calls. • Real-time Intersection Inventories.
• Real-time Equipment Inventories.
• Intersection maintenance histories, maps, CAD drawings, digital photographs. • Account information, such as contacts and billing
Essential key functions of this online database are made available to the Public Works Director and staff, all Traffic Engineers and authorized agent(s) to monitor maintenance, service call history, and review all activities performed by SFE technicians working within the City.

Salesforce™ Customer Portal (Sample)
Information that is associated with each service call will be documented as follows:
• Call to Dispatch Center or Office is logged as to time and location of request. • Dispatch time is noted as well as Technician name that is dispatched • Arrival time to site of call for service.
• Technician notes of problem(s) discovered, and process to repair.

Packet Pg. 1041
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 33 • Any notes of other circumstances seen by the technician will also be captured. • Resolution of problems and equipment used or replaced to remedy the location will be noted. • Technician completion of service call will be noted.

All SFE work done under this maintenance contract will be verified and available to the City of San Bernardino through this online Salesforce Project Tracking ™ tool SAMPLE OF CITY OF SAN BERNARDINO’S MONTHLY ACTIVITY REPORT GPS Navigation System
SFE uses Samsara Networks to track our workforce and fleet. Samsara’s fleet management platform organizes daily workflow management to help managers effectively respond to customer requests. Its instant visibility map feature allows users to view all drivers and vehicles in real-time to pinpoint exact locations to dispatch the best routes. When a customer calls for an ETA or last-minute status update, SFE can accurately answer inquires based on location within seconds.

In addition, SFE offers Transportation Engineering and Civil Engineering support for the City of San Bernardino as an optional service. SFE’s in-house California Professional Civil and Traffic Engineer have extensive experiences to address all traffic signal related problems for the City of San Bernardino.

Including, but not limited to, ITS equipment programming, traffic signal coordination, signal timing validation, traffic control plan, traffic signal design modifications, foundation design, pedestrian ramp design, and many other traffic signal disciplines.

We maintain these types of services to create the applications needed to keep SFE in the leading edge of services that are provided as part of our core business. We take great pride in our value-added services and how we can be relied on for a complete package of services in the Transportation areas. ii. We also work with our Local Unions to be able to draw upon multi-disciplinary staff, if needed, to address the Services requested in this RFP.

Packet Pg. 1042
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 34

7. Proposed Method to Accomplish the Work
SFE’s Technical and Management approach is to provide a thorough maintenance program for all of the City’s Traffic Signals and other appurtenant equipment. In order to provide the best service possible, we have hired an experienced staff and have listened to what they feel is providing Platinum services.

Having heard what has caused constraints in the past from both Field Technicians and Management, it all comes back to time spent if they had just a bit more time. At SFE, we found if we focus on the services provided and not so much the time spent, our customers become partners who trust us and are undeniably satisfied with the services they are paying for, and our technicians and management are able to provide a service that give them pride and enjoyment in what they do.

We clearly comprehend and understand what the City expects of us and the work we do. SFE’s field and office staff continues to strive to become a highly valued part of the City of San Bernardino’s team.

SFE proposes to make every effort to satisfy the City of San Bernardino in responding to emergency callouts within two (2) hours of notification during normal working hours under normal circumstances and within three (3) hours at any other time or on any other day.

Our SFE team stands out over many due to our experience and providing exceptional customer service year after year. Working with municipalities is our primary focus. All SFE Employees have the same goal to “be the best in the industry”, by providing superior customer service. We understand to last the test of time you not only must be the very best at what you do but you must care about what you do and prove it every day. SFE owners have from day one always been boots on the ground, in the field working alongside their employees, taking pride in the service we provide and the team that it has built throughout the years.

SFE’s crew is focused and attentive to the City’s needs and will do what it takes to assist the City achieve their goals for their streets and infrastructure.

SFE has been in the traffic signal and streetlighting industry for over 76 years and has built an outstanding reputation all over California for its work and services provided:
• We have over 250+ employees throughout our offices and in the field, IMSA certified, NEC certified, VMS qualified, USA trained, Traffic Engineers on staff and Construction specialists dedicated to this industry alone. Our motto “Experience, Quality & Reliability…” is something we all stand by.
• We strive to understand our customer’s, their needs, and goals. We understand there can be many obstacles our customers may have to navigate, and we are there to help them in any way possible. Our project managers/field staff make it a point to answer calls and emails responsively, we meet with our customers on a routine basis whether it be onsite or at their facility to always have clear concise communications. With this type of effort, we can sustain from common issues that arise when there is a lack of communication.
• We offer our customers an emailing option for non-urgent [email protected] during our business hours so that our Cities will receive a response from our office staff. We inform our customers that a tech has been dispatched and when a service request has been completed in the field by our technicians so that they are not left wondering if a problem has been addressed. • We have a live person dispatch service when calling our 24/7 Direct Line Teleservice every time you call in, and the service call is immediately dispatched to our on-call technicians. Our techs will follow up with a return phone call notifying the reporting party confirmation of receipt and our estimated time of arrival. All our technicians have smartphones / tablets and / or laptops and can be reached at any time while performing services within the City. • We have built outstanding relationships with our suppliers over the past few decades giving us the advantage of outstanding pricing, expedited shipping and making it so we have access to thousands of components that may not be the standard everyday part, and a tremendous number of resources that we can rely on.

Packet Pg. 1043
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 35 • SFE continuously works with all our customers on getting their warranty items repaired or replaced throughout the city even when they were not the original installer. We make every effort to handle and relieve our customers of this burden, while keeping the customer informed and up to date on the status.
• We have an In-house testing/training Lab in both our Southern California and Northern California facilities.
• Our technicians receive communication directly from our 24/7 Dispatch center and take company vehicles home for a faster response time. Our shop is centrally located between the 215/60/91 Freeways making it convenient for our technicians to pick up materials if needed. Our technicians reside in varies areas of SoCal and our company vehicles are equipped with GPS to be able to dispatch the nearest technician available.

SFE Staff we will proactively communicate with City officials to inform of field issues encountered for all services described in this RFP during the contract period. Correspondence between the City of San Bernardino and our local Area Manager, Project Managers, and Project Coordinators can be called in direct line or via individual email or to [email protected] (this will send an email to all office staff.) Any and all issues with service, performance or quality shall be directed to the assigned project manager for the City of San Bernardino. All Call/Service request and Dispatch request will go through our 24/7 dispatch center. This helps to insure they are responded to in a timely manner. Our Dispatch Center also knows what techs are in what area in order to have the quickest response possible. SFE DISPATCH 1- (844)-LIGHT88
• Staff will proactively communicate with city personnel to inform of field issues encountered for all services described in this RFP during the contract period. • SFE highly encourages all field technicians become acquainted with city personnel so that they are recognized while working throughout the City. Our technicians will contact designated city contact(s) when they plan on being in the city, when they are responding to calls and to update status of the calls in the city or prior to leaving the city to ensure all tasks have been communicated. • Correspondence between the City of San Bernardino and our local Area Manager, Project Managers, and Project Coordinators can be called in direct line or via individual email or to socalmadmin@sfeinc.com (this will send an email to all office staff.) Any and all issues with service, performance or quality shall be directed to the assigned project manager for the City of San Bernardino. • Dispatch requests (emergency or non-emergency) are encouraged to be called into our 24/7/365 dispatch call center at 1-844-LIGHT88 this helps ensure accurate complete information is received and dispatched appropriately.

Time Period Between Award and Start of Service
During our “kick-off” meeting with your City (virtually or in-person) we would like to have staff introductions, a discussion on any on-going issues or projects that we would be taking over, and exchange contact information including our 24/7 Dispatch number 1-844-LIGHT88 or 1-844-544-4888 and operations. SFE believes on an “Eyes On” approach which we will discuss. We would also obtain a list of authorized callers (if applicable). Prior to contract commencement, SFE will contact the designated City presentative to confirm any additional City requests or answer any questions and confirm transition is set to go.

Contracts
Received.

Confirm all
documentation
is complete.

Open Job in Our
System.
(Immediately)
Input City
Information
into Salesforce
(3 Weeks)
Setup "Kick-off"
Meeting with
City
(2 Weeks)
Inform our 24/7
Dispatch Center
of City Account
(2 Weeks)
Check in with
City to ensure
all contact
information has
been received
(Prior to Start
Date)
Packet Pg. 1044
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 36 Packet Pg. 1045
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 37 Packet Pg. 1046
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 38 Packet Pg. 1047
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 39 Packet Pg. 1048
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 40 Packet Pg. 1049
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 41

8. Fee Proposal
Packet Pg. 1050
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 42 Packet Pg. 1051
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 43 Packet Pg. 1052
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 44 See Additional Labor and Equipment Hourly Rates Below
Item Description Unit Regular Time Overtime Double Time Superintendent HR $105.00 $145.00 $185.00
Traffic Technician HR $103.00 $133.00 $163.00
Service Laborer HR $99.00 $129.00 $159.00
Safety Light Technician HR $103.00 $133.00 $163.00
Service Truck HR $28.00 $28.00 $28.00
Bucket Truck HR $36.00 $36.00 $36.00
Crane Truck HR $125.00 $125.00 $125.00
Jack Hammer / Compressor HR $20.00 $20.00 $20.00
Packet Pg. 1053
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 45

9. Insurance
SFE carries General Liability and Automotive Liability insurance that meets or exceeds the minimum requirements of this RFP. SFE carries Worker’s Compensation Insurance per State Law. SFE will meet all additional required Insurance provision said in this RFP. Feel free to contact our insurance broker, Laura Berry, at (415) 992-3165 for any questions regarding our insurance.

Packet Pg. 1054
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 46 Packet Pg. 1055
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 47

10. Litigation
SFE has no litigation history to report for any claims filed by SFE or against SFE related to the provisions of Services in the last five (5) years.

Packet Pg. 1056
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 48

11. Other Information
a. SFE’s Project Manager will primarily be responsible for planning a particular job and overseeing its progress along the way. The Project Manager plans the work that his or her crew will perform. The Project Manager will look over the proposed project to determine how and when the work will be performed, including prep work such as ordering materials and scheduling that must be completed before the project starts. The Project Manager will also develop a deliverables schedule to provide a roadmap that the team must adhere to in order to finish the job in a timely and cost-effective manner.

SFE’s Project Manager will be responsible for setting up estimates, budgets and timetables for the City, and develop a strategy. The project manager will select the appropriate field staff and coordinate / collaborate with the City personnel. When delays or problems occur the project manager and foreman will be the first responders, ready to make the changes required to move the project past the issue.

SFE’s Project Manager and Foreman will review the work daily to ensure that it is progressing in a timely fashion. If there is a slowdown, due to weather, an accident, or simply a task that takes longer than expected, the Project Manager will make changes to get the job back on track.

SFE’s Project Manager and Foreman will maintain ongoing customer contact to ensure quality work is completed on time and ensures customer satisfaction. The Project Manager will manage the field staff daily and stay in constant communication with the Foreman on scheduling and potential problems / solutions. Our Project Manager will check in with the warehouse weekly regarding material inventory and assist with competitive pricing for the customer.
b. Description of community involvement
As a proud member of United Contractors “United for Veterans” program, St. Francis Electric recognizes and honors active military, veterans, and retirees seeking employment. Obtaining employment here not only provides a rewarding career but the training and support needed to ensure a successful transition into civilian job duties.

Another example of community involvement
Palm Springs Festival of Lights
Packet Pg. 1057
 
  
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St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 50

13. Appendices
SFE’s Primary, Headquarters and Satellite Offices
St. Francis Electric’s Southern California office is the designated local office/yard for this project located at 1420 Citrus St, Riverside, CA 92507 in the County of Riverside. We currently provide these exact services to your neighboring cities, allowing for our technicians to always be in the neighborhood just minutes away - this allows for eyes on in the field of day-to-day operations of the intersections and emergency support when needed. SFE’s office has secured outdoor storage space sufficient for all the contract equipment, parts, components, and inventory. In addition to the outdoor storage, we also have ample warehouse indoor secured storage space necessary for these types of contracts. SFE’s Southern California shop is not only set up for our typical maintenance & response work but has the necessary room for growth to support the addition of many new customers, contracts and projects. SFE has a Southern California traffic signal lab located in Riverside County used for the testing and repairs of new/used equipment and the on-going training of field technicians in a controlled environment. SFE also has a testing lab facility located at our Headquarters office for these same types of services in that area. Since all of our offices are located in California, as seen below, they all provide services throughout Northern, Central and Southern California.

St. Francis Electric, LLC. (Primary Office) St. Francis Electric, LLC. (Headquarters) 1420 Citrus St 975 Carden St
Riverside, CA 92507 San Leandro, CA 94577
Other SFE Office Locations Include:
1850 West Imola Ave
Napa, CA 94559
230 Mayock Rd
Gilroy, CA 95020
341 Industrial Way
Woodland, CA 95776
1919 Commonwealth Ave
Fullerton, CA 92833
Northern California Locations Southern California Locations

SFE’s Southern California office currently has contracts for Traffic Signal Maintenance Services with such Cities as: City of Beaumont, Corona, Grand Terrace, Indian Wells, Lancaster, La Quinta, Loma Linda, Palm Desert, Palm Springs, Rialto, Rosemead, County of San Bernardino, County of San Bernardino Waste, South El Monte, Temecula, and Yorba Linda as well as several projects with other cities throughout Southern California.

We graciously hope for the opportunity to work hand and hand with your City.

Packet Pg. 1059
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 51 Equipment and Resources
The following is a list of equipment owned by SFE, which is available for use on the proposed work as required:

Quantity Name, Type & Capacity Condition
20 Bucket Truck, Diesel Gas Running Great
4 Crane Running Great
17 Dump Truck (Ford, GMC, and Ram) Running Great
3 Bore Machine,
American/Vermeer/Ditch Witch
Running Great
2 Bore Truck Running Great
16 Arrow Board, Bemis Allmand,
Eclipse, Wanco, SolarTech, and
Arrow Master
Excellent
3 Concrete Saw, Meco and Core Cut Running Great
23 Flatbed Truck, Ford, GMC, and Chevy Running Great
4 Generator, Multiequipt Excellent
3 Saw Truck, Ford Running Great
6 Trencher, Ditch Witch and Vermeer Running Great
7 Light Tower Running Great
2 Conflict Monitor Tester (ATSI/PCMT
8000, CMU/MMU Tester)
Excellent Brand New
1 170/2070 Controller Tester Excellent Brand New
1 NEMA TS 1 Controller Tester Excellent Brand New
2 Cabinet Test Display Excellent Brand New
1 2070N Controller Tester Excellent Brand New
1 ATSI MMT-900 Conflict Monitor
Tester
Excellent Brand New
Our “bucket truck” hydraulic lift is capable of reaching a height of at least forty (40) feet from roadway surfaces.

Additionally, SFE houses a minimum of 2 crane truck at our yard. Our technicians are equipped with necessary laptops for the programming/testing of traffic signal controllers, CMU/MMU, Camera monitoring (CCTV, Video, etc.), and
various equipment. In addition, all SFE employees will be equipped with a smartphone/mobile tablet with 4G LTE
access capable of email, text, photo, and internet. SFE is committed to maintain an inventory of all signal equipment used by the City of San Bernardino. This commitment will ensure the City avoiding long wait time on some equipment such as traffic signal poles.

Packet Pg. 1060
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – Fax (951) 274-0061 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 52 No Deviations from the RFP
SFE has no exceptions or deviations to this RFP including, but not limited to, this agreement.

In Closing
SFE would like to thank the City of San Bernardino for giving us this opportunity to submit this RFP and for their consideration to use our local Staff as part of a crew that represents its City. If chosen our staff will make every effort to insure your City is our next best reference on future RFP’s to other cities’. We don’t strive to be the biggest but we do strive to be the BEST! Contractor A and C10 Licenses
DIR Registration Number
Packet Pg. 1061
City of San Bernardino
RFP for Traffic Signal On-Call Services and Emergency Repair Services Due Date: June 21, 2022
P a g e 1 |

EXECUTIVE SUMMARY
June 21, 2022
Ms. Precious Carter
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
Dear Ms. Carter:

Crosstown Electrical and Data Inc. (“Crosstown”) is pleased to submit this proposal in response to the City of San Bernardino’s Traffic Signal On-Call Services and Emergency Repair Services (Knockdown) project.

Crosstown is a Southern California based Electrical & General Contractor specializing in Traffic Signal Maintenance, installation of Electrical and ITS Infrastructure, fiber optics, copper, wireless, communications, closed circuit television systems, traffic signal installations and modifications. In 2020, Crosstown acquired Computer Service Company (CSC) which has been in the Traffic Signal Maintenance business for over 40 years. With CSC’s key personnel staying in place, this work experience is now part of Crosstown and working together we are an extremely strong team that can provide top quality traffic signal maintenance services as well as provide any and all necessary traffic signal related construction should the need arise.

Crosstown’s Traffic Signal Maintenance division currently employs professional IMSA certified traffic signal/street light electricians and an operational staff consisting of dispatchers, billing specialists, customer service representatives, purchasing agent, and management team. Crosstown intends to use in-house personnel and equipment required to service the City of San Bernardino to provide oncall support and emergency repair/replacement services. We support the International Municipal Signal Association (IMSA) training procedures with all of our technicians obtaining advanced certification through in-house training and participation in IMSA certification courses. The specialized experience and professional competence of Crosstown’s personnel identified as part of this RFP is reflected in the personnel section of this response.

Please note that Crosstown maintains an A & C-10 License, No. 756309. We are also registered with the Department of Industrial Relations, No. 1000000155..

Our firm is very confident that we can provide superior service and meet all of the requirements set forth in this request for proposals. Thank you for your time and consideration and we look forward to continuing to be the Traffic Signal Maintenance Service provider for the city of Laguna Hills.

Best Regards,
Dave Heermance –President
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RFP for Traffic Signal On-Call Services and Emergency Repair Services Due Date: June 21, 2022
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TABLE OF CONTENTS

1. Executive Summary...................................................................................................... 1

2. Table of Contents.......................................................................................................................2

3. Identification of Proposer ............................................................................................ 3

4. Staffing Resoiurces ....................................................................................................................5

5. Fiscal Stability ............................................................................................................................7

6. Experience and Technical Competence ..................................................................... 9

7. Proposed Method to Accomplish the Work...............................................................................10

8. Fee proposal ............................................................................................................... 11

9. Insurance..................................................................................................................... 11

7. Litigation...................................................................................................................................11

8. Attachments................................................................................................................ 11

IDENTIFICATION OF PROPOSER
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City of San Bernardino
RFP for Traffic Signal On-Call Services and Emergency Repair Services Due Date: June 21, 2022
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Crosstown Electrical & Data, Inc. was incorporated in 1998 and has been providing Electrical, ITS and traffic signal services successfully for the past 23 years and we are proud to now offer a Traffic Signal Maintenance Division with the acquisition of the former Computer Services Company that has been continuously providing Traffic Signal Maintenance services over the past 40 years. Crosstown is 100% owned and operated by Mr. David Heermance. We currently have 135 employees with the qualified staff necessary to perform the tasks and services required of this request for proposal.

Crosstown has good relationships with many cities throughout California and multiple traffic signal maintenance contracts currently in effect that are similar to this RFP, such as the city of San Dimas, Azusa, Maywood, and Downey. See reference section for additional projects and details. Crosstown maintains a Class “A” General Construction license and a class “C10” Electrical license, No. 756309, Expires 11/30/22. We are registered with the Department of Industrial Relations, DIR # 100000155. Crosstown complies with the California Labor Code. Pursuant to said regulations entitled: Federal Labor Standards provisions; Federal Prevailing Wage Decision; and State of California Prevailing Wage Rates, respectively. Crosstown complies with the Copeland Anti- kickback Act (18 USC 874 C) and the implementation regulation (29 CFR 3) issued pursuant thereto, and any amendments thereof.

Company Name:

Legal Form of Company:

License no.:

Federal Employer ID #:

DIR #:

Crosstown Electrical & Data, Inc.

Corporation
756309
22-3611877
1000000155
Project Contact: Jerry Davis: Senior Operations Manager Telephone Number:

Cell Phone:
(951) 738-1444
(951) 260-3694
Email:

Corporate Office:
[email protected]
5454 Diaz Street
Irwindale, CA. 91706
(626) 813-669

STAFFING RESOUCES
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RFP for Traffic Signal On-Call Services and Emergency Repair Services Due Date: June 21, 2022
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A. CROSSTOWN FIRM STAFFING AND KEY PERSONNEL
(i) Crosstown will provide three traffic signal technicians assigned specifically to this project, per the names listed below. If the need arises, Crosstown can provide additional staffing to accomplish the task to be completed.

Brief Biographies of individuals working with the City are included:
i. Shea Grotke- Maintenance Technician / IMSA Field Technician Level I, II, III: Shea has a Bachelors of Arts in Computer Science from Cal State San Bernardino. He has experience as a General Maintenance Supervisor of a Building Complex and working in General Construction. Shea joined Crosstown in March of 2020 and previously worked for CSC. He has his IMSA Work Zone Safety and Traffic Signal Level I, II, and III certifications. Shea is also an IBEW Union Traffic signal Maintenance Technician, he is bucket truck certified, and trained in Iteris Video Detection systems, Gridsmart Video Detection systems, and Econolite Controller Programming. He has currently been providing Maintenance services in the cities of Laguna Hills, West Hollywood, Maywood and Los Alamitos. ii. Galt Grotke – Maintenance Technician / IMSA Field Technician Level II: Galt came to us from the United States Air Force with an extensive electrical background. He is a level II IMSA technician and has five years of experience as a technician. He also performs State Certification Testing on Traffic Signal Controller Assemblies. Galt is responsible for running Crosstown’s bench repair, as well as doing our Conflict Monitor Testing. Mr. Grotke is also IMSA Work safety certified, has up to date training on Econolite controller and software, as well as McCain 2070 controller and software training, has taken Iteris VDS training courses and is Bucket truck certified. iii. Jesus Sanchez- Maintenance Technician / IMSA Field Technician Level I, II, III: Mr. Sanchez is a Level III IM?SA Certified Traffic Signal Maintenance technician and NEC Licensed
Journeyman Electrician. He has worked for 18 years at Econolite in various positions from Controller cabinet builder, Electroic Tech, cabinet testing, Field service technician and traffic signal maintenance technician. He was also the Lead technician the last 5 years at St. Francis Electric performing Traffic Signal Maintenance and Repair and as the Testing lab Technician Supervisor. (ii) Crosstown’s Management Contacts – The (3) persons that will be principally responsible for wooring with the City include the following individuals, please see brief biographies:

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i. David Heermance, President - Mr. Heermance is the President and CEO of Crosstown Electrical & Data, Inc. which has been providing Electrical and communication services since 1998. He holds a General Construction Class A license as well as an Electrical Class C-10 License and has led Crosstown to experience continual growth and success each year. Mr.

Heermance brings over 40 years of overall experience in the installation, operation, maintenance and management of electronic equipment, communications, traffic signals and fiber optic systems to his team. He has in-depth knowledge and understanding of data communications, fiber optics, video, and their application to traffic signals and Intelligent Transportation Systems.
ii. Jerry Davis – Senior Traffic Signal Maintenance Operations Manager:

As Senior Operations Manager Jerry is also the Contact Compliant Manager for this contract. He is responsible for providing strong strategic leadership for the company by working with other management staff and ownership to establish long-range goals, strategies, plans and policies. As well as plan, develop, organize, implement, direct and evaluate the organization’s fiscal function and performance, Jerry works closely with our entire team as well as our clients. He is responsible for the day-to-day direction, oversight and quality control of and delivery of service on this contract. Jerry has over 35 years of experience in traffic signal construction, maintenance and service operations, many of those years have been spent in high profile leadership roles. Jerry came to CSC in early 2013 to oversee all aspects of the company’s operations and now manages all Traffic Signal Maintenance operations at Crosstown. He is an active IMSA Member and holds his IMSA Work Zone Safety, Level I and Level II Traffic Signal Field Technician Certifications.
iii. Shea Grotke- Maintenance Technician / IMSA Field Technician Level I, II, III: See Bio in Section (i)
(iii) Proposed team organization: Jerry Davis will be the assigned Project Manager and main point of contact and Shea, Galt, and Jesus will be Field contacts. (iv) Brief Biographies – Please see above biographies in sections (i) and (ii) B. SUBCONTRACTOR
i.Smithson Electric – Loop installation
Chris Zell, 1938 E. Katella Avenue, Orange, CA 92867
[email protected]
FISCAL STABILITY:

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Crosstown is financially strong and has an excellent relationship with our banking institution, American Business Bank. Crosstown also has an excellent relationship with our bonding agency. Crosstown has averaged over 30 million dollars per year over the past 3 years.
(i) Current Report from Dunn and BradStreet:
(ii) Letter from our Financial Institution stating a current line of credit is attached. (Confidential)
(iii) Latest Audited Financial Statement is Attached (Confidential) Packet Pg. 1067
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RFP for Traffic Signal On-Call Services and Emergency Repair Services Due Date: June 21, 2022
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EXPERIENCE AND TECHNICAL COMPETENCE
A. EXPERIENCE
(a) Crosstown Electrical & Data, Inc. is the perfect choice for this project due to the technical and professional skills of our crew. Crosstown performs work similar to that presented in this RFP on a regular basis and we are very familiar with all work associated with Traffic Signals and Traffic Signal Maintenance. Our skilled technicians can troubleshoot any issue and quickly find a resolution to get things back up and running smoothly. In additional to our IMSA certified technicians, we have a whole team including a construction crew that can install pull boxes, conduit, poles, etc., we have a Fiber Division that can perform installation of fiber and any splicing/termination/or testing required at an intersection, and we have a Communication Division which handles intelligent transportation including Ethernet switches, complex networks, cameras and wireless systems.
(b) Past experience of the staff assigned to perform services on this project is noted above in the Key Staff bios.
(c) Crosstown has been in business for 23 successful years providing service to public clients and also acquired Computer Service Company which has been in the Traffic Signal Maintenance business for 40 years prior to the acquisition.
(d) List of Current Representative References Shown Below:

City of Downey (101 Intersections, Traffic Signal Maintenance & Emergency on Call Services)
Edwin Norris, Deputy Director of Public Works
11111 Brookshire Ave., Downey, CA 90241
(562) 904-7110
[email protected]
City of San Dimas (36 Intersections, Traffic Signal Maintenance & Emergency on Call Services)
Chase Buckelew, Public Works Maintenance Superintendent 245 East Bonita Avenue, San Dimas, CA 91773
(909) 394-6270
[email protected]
City of Azusa (47 Intersections, Traffic Signal Maintenance & Emergency on Call Services)
Robert Delgadillo P.E., Director of Public Works / City Engineer 213 E. Foothill Boulevard, Azusa, CA 91702
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City of San Bernardino
RFP for Traffic Signal On-Call Services and Emergency Repair Services Due Date: June 21, 2022
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(626) 812-5248
[email protected]
City of Laguna Hills (49 Intersections, Traffic Signal Maintenance & Emergency on Call Services)
Kenneth Rosenfield, Director of Public Works
24035 El Toro Road, Laguna Hills, CA 92653
(949) 707-2655
[email protected]
City of El Monte (73 Intersection, Traffic Signal Emergency on Call Services) Frank Drevdahl, Public Works Administrative Analyst
3990 Arden Drive, El Monte, CA 91731
[email protected]
City of Monterey Park (63 Intersections, Traffic Signal Maintenance & Emergency on Call Services)
Cesar Vega, Civil Engineer Associate
320 W. Newmark Avenue, Monterey Park, CA 91754
(626) 307-1320
[email protected]
City of Hemet (41 Intersections, Traffic Signal Maintenance & Emergency on Call Services)
Matt Devore, Facilities Maintenance Technician
3777 Industrial Avenue, Hemet, CA 92545
(951) 765-3710
[email protected]
City of Maywood (Traffic Signal Maintenance & Emergency on Call Services) Able Hernandez
4319 East Slauson Ave., Maywood, CA 90270
(323) 562-5700
[email protected]
(e) Crosstown’s local experience includes multiple traffic signal and communication projects completed in the city of San Bernardino.

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RFP for Traffic Signal On-Call Services and Emergency Repair Services Due Date: June 21, 2022
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CROSSTOWN CORPORATE STRUCTURE
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RFP for Traffic Signal On-Call Services and Emergency Repair Services Due Date: June 21, 2022
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PROPOSED METHOD TO ACCOMPLISH THE WORK:

The following sets forth Crosstown Electrical & Data’s
(Crosstown’s) approach and understanding to
accomplishing the tasks outlined in the Scope of Work
(SOW). Crosstown complies with all applicable federal,
state and local laws, codes, ordinances and regulations.

Crosstown acknowledges the four main tasks set forth in this RFP and will provide and understanding of each task.

General
Crosstown will have all required tools, materials,
equipment, apparatus, facilities and skilled labor services available to perform all work necessary for this RFP. A hydraulic bucket truck capable of reaching a height of at least 28 feet above ground will be available. A computer laptop for programming, maintenance and testing of traffic signal controllers and equipment will be provided to our technicians.

Crosstown will provide all vehicles and traffic control necessary by our Technicians and vehicles will be equipped with permanently mounted warning strobe lights, traffic cones, construction warning signs. Traffic control/lane closures will conform to the California Manual on Uniform Traffic Control Devices.

Crosstown will maintain a valid Class A and Class C-10 contractor license. Contractor license No. 756309 which expires on 11/30/22. We will also apply for and maintain a current City of San Bernardino Business license throughout the duration of the agreement.

Crosstown will pay prevailing wages pursuant to Labor Code section 1771 and is registered with the Department of Industrial Relations, DIR #1000000155.

Crosstown’s assigned signal technician will be available to meet with the City’s designated representative as needed and agreed upon mutually, to discuss any necessary task orders.

Crosstown will provide and maintain emergency service response on a twenty-four (24) hour, seven (7) days per week basis utilizing a radio dispatch truck for City requested services throughout the term of the contract. We will have available all required tools, equipment, apparatus, facilities, and materials to perform all work necessary to maintain and repair issues as needed.

Traffic Control
Crosstown will always provide safe and continuous passage for pedestrian and vehicular traffic at all times and conduct its operation as to cause the least possible obstruction and Packet Pg. 1071
City of San Bernardino
RFP for Traffic Signal On-Call Services and Emergency Repair Services Due Date: June 21, 2022
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inconvenience to public traffic. Crosstown will comply with all the requirements of Section 7-10 of the Standard Specifications for Public Works Construction (“Green Book”) latest edition, and supplements and the Work Area Traffic Control Handbook (“WATCH”), latest edition. Crosstown will provide all barricades, pedestals and other means necessary to provide the safety of the public and the control of traffic. Flasher units on barricades shall have a twelve (12) volt system. Crosstown will be prepared to provide additional traffic control measures when necessary for any condition that may arise during a construction period. It is understood that failure to provide adequate safety devices as directed by the Engineer, will cause the City to install safety devices as needed and the cost will be assessed to our team at the City’s actual cost, but not less than $50 per location per day.

FEE PROPOSAL

SEE ATTACHED

INSURANCE

SEE ATTACHED

LITIGATION

SEE ATTACHED

CERTIFICATION OF PROPOSAL
“The undersigned hereby submits its proposal and by doing so, agrees to furnish services to the City in accordance with the Request for Proposal(RFP) and to be bound by the terms and conditions of the RFP” David P. Heermance
President
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JESUS SANCHEZ

TRAFFIC SIGNAL TECHNICIAN
5454 Diaz St., Irwindale, CA 91706
626-813-6693 • 626-869-0192 Fax • [email protected]

PROFESSIONAL SUMMARY
Mr. Jesus Sanchez has over 30 years of experience in the traffic signal maintenance industry and is well known for his problem solving skills and willingness to help others. He is extremely knowledgeable and hard working.

CERTIFICATIONS
• IMSA Traffic Signal Field Technician Certifications, Levels I, II, and III • IMSA Work Zone Temporary Traffic Control Technician Certification • NEC Licensed Journeyman Electrician

WORK HISTORY
Crosstown Electrical & Data, Inc. / CSC – Traffic Signal Technician 2022 – Current • Provide Technical Support for Traffic Signal Systems
• Field Testing and Repairs
• Troubleshooting, traffic signals, highway lighting
• Perform conflict monitor testing
• Perform general monthly traffic signal maintenance for various cities • Technical assistance
• Aim signals and head and change our bulbs as needed
St. Francis Electric, Inc.. – Traffic Signal Technician and Lab Technician Supervisor 2017-2022 • Performed traffic signa maintenance for various cities • Performed field testing and repair
Econolite – Traffic Signal Technician 1973-1980 and 2007-2017 • Repair of Controllers, Cabinet buiding
• Factory Service and Special Projects
• Computer Repair, Install and Repair controllers, Building Systems RECENT REFERENCE PROJECTS:
• City of Azusa Traffic Signal Maintenance
• City of San Dimas Traffic Signal Maintenance
• City of Laguna Hills Traffic Signal Maintenance
• City Maintenance 2007-2017 for Econolite for various cities to include Fullerton, Costa Mesa, Downey, Newport Beach, Buena park, Bell Gardens.

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SHEA GROTKE

TRAFFIC SIGNAL TECHNICIAN
5454 Diaz St., Irwindale, CA 91706
626-813-6693 • 626-869-0192 Fax • [email protected]

EDUCATION
Bachelor of Arts Degree, Computer Science, California State San Bernardino

CERTIFICATIONS
• IMSA Traffic Signal Field Technician Certifications, Levels I, II, and III • IMSA Work Zone Temporary Traffic Control Technician Certification

WORK HISTORY
Crosstown Electrical & Data, Inc. / CSC – Traffic Signal Technician 2019 – Current • Provide Technical Support for Traffic Signal and communication systems • Perform controller programming
• Installation of video detection and Gridsmart Cameras • Perform conflict monitor testing and programming of conflict monitor keys • Perform general monthly traffic signal maintenance for various cities • Verify detection systems and coordinate loops
• Aim signals and head and change our bulbs as needed
• Perform replacement of poles/cabinets that are knocked down Steiny, Inc. – Signal Construction 2017-2019
• Performed labor on the Signal installation crew
GSI and Crane Development – General Construction Labor 2005-2017 • Perform general construction labor on roadways
RECENT REFERENCE PROJECTS:
• City of Laguna Hills Traffic Signal Maintenance
• City of Maywood Traffic Signal Maintenance
• City of Los Alamitos Traffic Signal Maintenance
• City of West Hollywood Pedestrian Flashing Beacon Maintenance • Technical Support for the OC 405 Project to include controller programming and Gridsmart camera installation and programming.

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OTHER:
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AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

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AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
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$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
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HIRED

AUTOS ONLY
1,000,000 2,000,000 100,000 1,000,000
C
5,000 X
X
X
0 X
X
CA
2005675448 11/05/2021
COMP: $1,000
COLL: $1,000
1,000,000 [email protected]
11/05/2022
-
GREAT AMERICAN INSURANCE CO. X
X
-
-
EBL (714) 779-6999 1,000,000
X
X LA21CGLZ04TP7IC.

DEDUCTIBLE $5,000 PER

OCCURENCE
91706
E
36056
06/03/2021
27847
TUE 2572052 03
UNDERLYING LIMITS:

GL; AL; EL POLICIES 29742 5454 DIAZ STREET 27154
09/03/2022
LICENSE NO. 0637431 16691
X
X
N
06/21/2022 10,000,000 10,000,000 - -
1265 N. MANASSERO ST. SUITE 303
B WVE 5030354-07

IRWINDALE
06/03/2022 06/03/2023
X
CROSSTOWN ELECTRICAL & DATA, INC. 1,000,000 1,000,000
D
f
1,000,000
710039414
$1,000 DEDUCTIBLE
COV. INCL. THEFT

PROPERTY &

CONTRACTORS

EQUIPMENT
05/10/2023 05/10/2022
$1,413,849 Buildings $300,000 BPP
$1,418,658 Property off Premises
$300,000 Leased BPP
$300,000 BI
PATRICK MCRAE NAVIGATORS SPECIALTY INSURANCE CO. INSURANCE COMPANY OF THE WEST INTEGON NATIONAL INSURANCE COMPANY ATLANTIC SPECIALTY INSURANCE COMPANY A
X

PATRICK MCRAE INSURANCE SERVICES

CITY OF SAN BERNARDINO
290 NORTH D STREET
SAN BERNARDINO, CA 92401

CITY OF SAN BERNARDINO, ALONG WITH THEIR OFFICERS, OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED WITH RESPECTS TO THE ABOVE MENTIONED POLICIES PER ATTACHED ENDORSEMENT(S). COVERAGE IS PRIMARY & NONCONTRIBUTORY AS REQUIRED BY WRITTEN CONTRACT, PER ATTACHED ENDORSEMENT FORMS. WAIVER OF SUBROGATION APPLIES, IF REQUIRED BY WRITTEN CONTRACT.
*SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, A 30 DAYS WRITTEN NOTICE WILL BE ISSUED.

PROJECT NAME: TRAFFIC SIGNAL ON-CALL SERVICES AND EMERGENCY REPAIR SERVICES (KNOCKDOWNS) X x
(714) 779-6903 ANAHEIM HILLS, CA 92807 X
X
X

XCU OCP
09/03/2021 09/03/2022
2,000,000
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CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 POLICY NUMBER:LA21CGLZ04TP7IC. COMMERCIAL GENERAL LIABILITY CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

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This endorsement modifies insurance provided under the following:

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SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations Any person or organization for whom you are
performing “commercial construction” during the period
of this policy and have agreed in a written contract to add as an additional insured for products-completed
operations. “Commercial construction” does not
include any habitational or residential construction
other than hotels or apartments.
.
. .
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Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
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with respect to liability for "bodily injury" or
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"your work" at the location designated and
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performed for that additional insured and included
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However:

1. The insurance afforded to such additional
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2. If coverage provided to the additional insured is
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If coverage provided to the additional insured is
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This endorsement modifies insurance provided under the following:

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Condition and supersedes any provision to the
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This insurance is primary to and will not seek
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to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
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and would not seek contribution from any other
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POLICY NUMBER:LA21CGLZ04TP7IC.

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CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 POLICY NUMBER:LA21CGLZ04TP7IC. COMMERCIAL GENERAL LIABILITY CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

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SCHEDULE
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Or Organization(s) Location(s) Of Covered Operations
Any person or organization for whom you are
performing operations during the policy period when
you and such person or organization have agreed in
writing in a contract or agreement that such person or
organization be added as an additional insured on your
policy; and any other person or organization you are
required to add as an additional insured under the
contract or agreement described above.
.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or equipment
furnished in connection with such work, on the
project (other than service, maintenance or
repairs) to be performed by or on behalf of the
additional insured(s) at the location of the covered
operations has been completed; or

2. That portion of "your work" out of which the injury
or damage arises has been put to its intended use
by any person or organization other than another
contractor or subcontractor engaged in performing
operations for a principal as a part of the same
project.

Packet Pg. 1085
CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2 insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1.Required by the contract or agreement; or

2. Available under the applicable Limits of Insurance
shown in the Declarations;
whichever is less.

This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.

COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Person Or Organization:

Any person or organization when you and such person or organization have agreed in writing in a contract or agreement that you will waive any right of recovery against such person or organization.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV - Conditions:

We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "productscompleted operations hazard". This waiver applies only to the person or organization shown in the
Schedule above.

Packet Pg. 1087

COMMERCIAL GENERAL LIABILITY
NPC 711 08 11
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NPC 711 08 11 Page 1 of 2

GENERAL AGGREGATE LIMIT PER PROJECT WITH AN

OVERALL GENERAL AGGREGATE CAP
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Designated Construction Projects:

Overall General Aggregate Cap: $5,000,000
All Projects
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
A. For all sums which the insured becomes legally
obligated to pay as damages caused by “occurrences” under COVERAGE A (SECTION I), and for all medical expenses caused by accidents
under COVERAGE C (SECTION I), which can be
attributed only to ongoing operations at a single
designated construction project shown in the
Schedule above:

1. A separate Designated Construction Project
General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate
Limit shown in the Declarations. Subject to
the application of the General Aggregate Limit
to each of your projects, the maximum
amount we will pay under the General Aggregate Limit for all claims arising from all projects is the Overall General Aggregate Cap
shown in the Schedule above.

2. The Designated Construction Project General
Aggregate Limit is the most we will pay for the
sum of all damages under COVERAGE A,
except damages because of “bodily injury” or
“property damage” included in the “productscompleted operations hazard”, and for medical expenses under COVERAGE C regardless of the number of:
a. Insureds;
b. Claims made or “suits” brought; or
c. Persons or organizations making claims or
bringing “suits”.

3. Any payments made under COVERAGE A for
damages or under COVERAGE C for medical
expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such
payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project
shown in the Schedule above.

4. The limits shown in the Declarations for Each
Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit
shown in the Declarations, such limits will be
subject to the applicable Designated Construction Project General Aggregate Limit.

POLICY NUMBER:LA21CGLZ04TP7IC.

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Page 2 of 2 ends

Mayor and City CouncilNovember 2, 2022

Mayor and City Council
November 2, 2022