Agenda packet — Mayor and City Council, November 16, 2022 (part 5 of 6)

Table 1: Crossings within the Proposed Quiet Zone
US Dot No. Mile Post Crossing Jurisdiction
027210T 101 SG-57.67 (002U-1.00) S E Street San Bernardino 027211A 101 SG-57.82 (002U-1.10) D Street San Bernardino 027212G 101 SG-57.94 (002U-1.20) Arrowhead Avenue San Bernardino 027213N 101 SG-58.21 (002U-1.50) S Sierra Way San Bernardino 027215C 101 SG-58.70 (002U-2.00) Mill Street San Bernardino 027216J 101 SG-58.78 (002U-2.07) County Flood Control (Private) County Flood Control 027217R 101 SG-58.81 (002U-2.09) County Flood Control (Private) County Flood Control 027218X 101 SG-59.11 (002U-2.40) Central Avenue San Bernardino 027296E 101 SG-59.57 (002U-2.85) Orange Show Road San Bernardino 027220Y 101 SG-59.76 (002U-3.00) S Waterman Avenue San Bernardino 027226P 101 SG-60.91 (002U-4.20) Tippecanoe Avenue San Bernardino 027227W 101 SG-61.33 (002U-4.60) Richardson Street San Bernardino 027228D 101 SG-61.87 (002U-5.20) Mountain View Avenue
San Bernardino/
Redlands
The following railroads currently, or are proposed to, operate over the proposed quiet zone:
• Southern California Regional Rail Authority (SCRRA)
• BNSF Railway (BNSF)
• Redlands Passenger Rail Service (Future Service)
SECTION 2 – TIME RESTRICTION
The routine sounding of horns will be restricted twenty-four (24) hours a day, seven (7) days a week.

SECTION 3 – PROPOSED IMPROVEMENTS
The improvements are described and shown in detail on the design plans (attached herein as Exhibit A).

The quiet zone is proposed to be established based upon the regulatory provision described under 49 CFR §222.39(b). Supplemental Safety Measures (SSMs) and Modified Supplemental Safety Measures (MSSMs) are proposed to be implemented at selected crossing sufficient to reduce the Quiet Zone Risk Index to a level at or below the Risk Index with horns as shown in the preliminary Quiet Zone Calculations (attached as Exhibit B).

Packet Pg. 925
City of San Bernardino, California
SCRRA - San Gabriel Subdivision Quiet Zone

Page 3 of 6 ends

SECTION 4 – POINT OF CONTACT
The point of contact for the City of San Bernardino is:

Alex Qishta
Deputy Public Works Director/City Engineer
City of San Bernardino
600 N. Arrowhead Ave.

San Bernardino, CA 92401
Packet Pg. 926
City of San Bernardino, California
SCRRA - San Gabriel Subdivision Quiet Zone

Page 4 of 6 ends

SECTION 5 – DISTRIBUTION
This notice has been sent to the following individuals:

Alex Qishta
Deputy Public Works Director/City Engineer
City of San Bernardino
600 N. Arrowhead Ave.

San Bernardino, CA 92401
Eric McBride
Acting Chief of Police
City of San Bernardino Police Department
710 North D Street
San Bernardino, CA 92402-1559
Carrie Schindler
Director of Transit and Rail
San Bernardino County Transportation Authority
1170 W. 3rd Street, 2nd Floor
San Bernardino, CA 92410-1715
Victor Lopez
Chief Engineer - Rail
San Bernardino County Transportation Authority
1170 W. 3rd Street, 2nd Floor
San Bernardino, CA 92410-1715
Kate Kalinosky
Manager Public Projects
BNSF Railway Co.
740 East Carnegie Drive
San Bernardino, CA 92408-3571
Anton Garabetian
Program Manager
Rail Crossings Engineering Section
California Public Utilities Commission
320 West 4th Street, Suite 500
Los Angeles, CA 90013
Sergio Licon
Utilities Engineer
Rail Crossings Engineering Section
California Public Utilities Commission
320 West 4th Street, Suite 500
Los Angeles, CA 90013
Andrew Althorp
Acting Assistant Director, Construction
SCRRA
2558 Supply Street
Pomona, CA 91767
Justin Fornelli
Chief, Program Delivery
SCRRA
2558 Supply St.

Pomona, CA 91767
Mark A. Adamczak
Deputy Regional Administrator – Region 7
Federal Railroad Administration
3401 Centrelake Dr. Suite 480
Ontario, CA 91761
Joe Petito
Rail Safety Specialist
Federal Railroad Administration
39252 Winchester Road, #107-270
Murrieta, CA 92563
Karl Alexy
Associate Administrator for Safety
Federal Railroad Administration
1200 New Jersey Avenue, SE, MS-25
Washington DC 20590
Brian Patrick,
Right of Way Agent
CALTRANS - District 8
464 West Fourth Street, MS-950
San Bernardino, Ca 92401
Rebecca Guirado
Deputy District Director - Right of Way
CALTRANS - District 8
464 West Fourth Street, MS-950
San Bernardino, Ca 92401
Packet Pg. 927
City of San Bernardino, California
SCRRA - San Gabriel Subdivision Quiet Zone

Page 5 of 6 ends

Brendon Biggs, MS, PE
Assistant Director
San Bernardino County
Department of Public Works
825 E. Third Street
San Bernardino, CA 92415-0835
Ross Wittman
Senior Project Manager
City of Redlands
35 Cajon Street, Suite 15-A
Redlands, CA 92373
David S. Kim
Secretary
California State Transportation Agency
915 Capitol Mall Suite 350 B
Sacramento, CA 95814
Catalino Pining III
Deputy District Director, Traffic Operations,
District 8, San Bernardino Co.

California Department of Transportation
(Caltrans) Region 9
464 W. 4th Street, 6th Floor
San Bernardino, CA 92401-1400
Tan D. Nguyen P.E.

Transportation Engineer, Civil
Caltrans District 8 Encroachment Permits OfficeStormwater Coordinator 464 W. 4th Street
San Bernardino, CA 92401-1400
Chris Diggs
Municipal Utilities and Engineering Director
City of Redlands
35 Cajon Street, Suite 15-A
Redlands, CA 92373
Packet Pg. 928
Department of Public Works
600 N. Arrowhead Ave.

San Bernardino, CA 92401
(909) 384-5140
(909) 384-5190 FAX
www.sbcity.org
SCRRA San Gabriel
Subdivision Quiet Zone
Exhibits
San Gabriel (formerly Redlands) Subdivision
Southern California Regional Rail Authority
Notice of Intent to Create New Quiet Zone
List of Exhibits:

Exhibit A – Design Layout Plans
Exhibit B – Preliminary Quiet Zone Risk Index Calculations Packet Pg. 929
Department of Public Works
600 N. Arrowhead Ave.

San Bernardino, CA 92401
(909) 384-5140
(909) 384-5190 FAX
www.sbcity.org
SCRRA San Gabriel
Subdivision Quiet Zone
Exhibit A
– Design Layout Plans
San Gabriel (formerly Redlands) Subdivision
Southern California Regional Rail Authority
Notice of Intent to Create New Quiet Zone
Packet Pg. 930
REV. DATE APP. 5-18-2018 BY SUB.

DESIGNED BYDRAWN BYCHECKED BYAPPROVED BYDATE
CONTRACT NO.

REVISION SHEET NO.

DRAWING NO.

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REDLANDS PASSENGER RAIL PROJECT
R. KLOVSKY
San Bernardino County Transportation Authority
2280 Market Street, Suite 100Riverside, CA 92501-2110(951) 320-7300HDR 17-1001705
J. SONG
No. 71849
CIVIL
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pdc
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98 99 100 101
98 99 100 101 554 553 552 551 550 555
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CONSTRUCTION NOTES: REMOVAL NOTES:

SOUTH E STREET

SOUTH E STREET
20 0 20 40
SCALE: 1"=20'
CR09101
1"=20'

ROADWAY IMPROVEMENT
LAYOUT
50'
> MT-2 > MT-1

EXIST SBCTA R/W

EX CITY R/WEX CITY R/W

EX CITY R/W

PROPOSED EASEMENT

EX CITY R/W

EX CITY R/W EX CITY R/W
> MT-1
> MT-2
S0°24'16"E
SOUTH E STREET - MP 57.68 (0.95)
22'
53'

R/WSBCTA EXIST
SWK
7'

SEE FENCING PLANS

SEE DRAINAGE PLANS (TYP)

SEE FENCING PLANS
SWK
4'
3'

SEE FENCING PLANS
SHEET CR09301SEE DETAIL B

11.5'
SHEET CR09301SEE DETAIL A

LOT PLANSSEE PARKING

SEE PARKING LOT PLANS

EX CITY R/W
08-28-18 ADDENDUM 1 EA CC
No.

REG ISTERED PROFESSIONAL ENG INEER

STATE OF CALIFORNIA CIVIL

CHRISTOPLIS

CHARLES
045570
MH
FH
DOT 027210T, CPUC 101 SG-57.68
STA > SOUTH E STREET = 551+38.10STA > MT-1 = 99+02.29MP 57.68 (0.95) STA > SOUTH E STREET = 551+56.10STA > MT-2 = 99+02.53MP 57.68 (0.95) LPL

VAULTWATER PB
PAD = 1024.4'14'x10'
(SBTC)

SAN BERNARDINO TRANSIT CENTER
CB
MH
MH
SIGN
PB
PB
TREE
PB
SEE ELEC PLANSSTA 551+00
PB
1 23
15 20

ADJUST TO GRADE, ITEM PER PLANSAWCUT EXISTING PAVEMENTPROTECT IN PLACE 3 20
1 20
2 20
1 4 REMOVE EXISTING CURB & GUTTER5 REMOVE EXISTING SIDEWALK 10 REMOVE EXISTING RAILROAD SIGNAL
5 2
5 5
3 2
1 1
1 1
1 10
10 10
10 4 15
SWK
SWK
49 LPL
20 JOIN EXISTBEG SWK34.20' RTSTA 551+81.72
JOIN EXISTEND SWK34.30' RTSTA 551+12.24
18 18 REMOVE EXISTING RAIL EQUIPMENT PER SIGNAL PLANS
1 1
49 INSTALL SIGNAL HOUSE
1 1
4 4
43 43
BERNARDINO STD PLAN NO. 200CONSTRUCT 8" HIGH TYPE B CURB AND GUTTER PER CITY OF SAN NO. 202, WIDTH PER PLANCONSTRUCT 4" PCC SIDEWALK PER CITY OF SAN BERNARDINO STD PLAN (LED)INSTALL STREET LIGHT PER CITY OF SAN BERNARDINO STD PLAN SL-1 1 1

DISPOSITION PLANSSEE UTILITY DETECTOR CHECK
1 C&G
5 20
23 23 C/L DWY, W=34'
STA 552+40.29
JOIN EXISTEXIST SIDEWALKSAWCUT & REMOVE BEG C&G, SWK.43.00' LTSTA 552+68.56 END C&G43.00' LTSTA 552+17.79
1 3
5 25 REMOVE EXISTING PCC PAVEMENT
PLAN NO. 204, WIDTH PER PLANCONSTRUCT COMMERCIAL DRIVEWAY PER CITY OF SAN BERNARDINO STD 25 1 REMOVE EXISTING AC PAVEMENT
1 1
PB
2 5 20
3 VAULT
JOIN EXISTEND C&G43.00' LTSTA 551+04.00
3 2
SEE SIGNAL PLANS (TYP)ELEV PER SHEET CR09102PROP PB (TYP) 3 20 5
20 CURB
1 5
PER SHEET CR00006CONSTRUCT FULL AC PAVEMENT SECTION, DEPTHS OF AC AND AB CONCRETE OVERLAYCOLD MILL 0.12' EXISTING PAVEMENT AND CONSTRUCT 0.12' ASPHALT 5 3 4 4
6 REMOVE EXISTING DRIVEWAY
6 1
1 CURB
1 C&G
1 1
1 25
1 1
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DESIGNED BYDRAWN BYCHECKED BYAPPROVED BYDATE
CONTRACT NO.

REVISION SHEET NO.

DRAWING NO.

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SCALE: 1"=20'
SOUTH
D
STREET
SOUTH
D
STREET
CONSTRUCTION NOTES:

REMOVAL NOTES:
1"=20'
CR11101

ROADWAY IMPROVEMENT
> MT
5'
5'
5'
5'
5'
LAYOUT

EX CITY R/W

EX SBCTA R/W

EX CITY R/W
3 SAWCUT EXISTING PAVEMENT
15 20
54 23
43 1 PROTECT IN PLACE
3 15
4 5
15 20
3 43
20 15
43 20
3 20
23 15
5 3
4 1 REMOVE EXISTING AC PAVEMENT
4 REMOVE EXISTING CURB & GUTTER5 REMOVE EXISTING SIDEWALK 6 10
11 REMOVE EXISTING TREE
4 1
4 5
10 5 11 10
5 5
5 6
4 1
4 REMOVE EXISTING RAILROAD SIGNAL
5 SWK
C&G
JOIN EXISTBEG C&G, SWK STA 9+08.06, 39.95' RT

EX CITY R/W
JOIN EXISTEND C&G, SWK STA 10+72.42, 39.08' RT
SWK
3 5
20 STA > SOUTH D STREET = 9+80.02STA > MT = 106+65.66MP 57.82 (1.09)

PLANSSEE FENCING K RAIL
RECORD >
CONSTRUCTION >
WALL
B
A
A
1 C&G
DRWYEX
DRWYEX

WEST CONGRESS STREET DRWY EX
DRWYEX
CBEX
CBEX

GATE SLIDING
& FENCEBLOCKWALL
& FENCEBLOCKWALL
JOIN EXISTEND PVMTSTA 11+37.81, 30.57' RT
JOIN EXISTEND C&G, SWK & PVMTSTA 11+31.85, 31.55' LT
(41.25'R/W)
(41.25'R/W)
(40'R/W)
(40'R/W)
SEE ELEC PLANSSTA 9+57
SEE ELEC PLANSSTA 10+18

PROP EASEMENT

FOR DETSEE FENCING PLANS
3 1
1 1
2 1
1 2
9 9
9 REMOVE AND SALVAGE EXISTING STREET LIGHT
3 2 ADJUST TO GRADE, ITEM PER PLAN
13 13 REMOVE EXISTING WALL
1 1
1 1
1 1
1 1
1 2
2 3 1

PROP TCE

PROP TCE
MH
1 SOUTH D STREET - MP 57.82 (1.09)

SEE SIGNAL PLANS FOR DET (TYP)
MODIFIED> DRWY, W=30'STA 10+46.50
JOIN EXISTBEG C&G, SWK & PVMTSTA 8+52.42, 31.55' LT
JOIN EXISTBEG PVMTSTA 8+48.35, 30.55' RT

PROP TCE

PROP EASEMENT

EASEMENTPROP

PROP EASEMENT
DOT 027211A, CPUC 101 SG-57.82

REMOVE EXISTING DRIVEWAY

EASEMENTPROP

DISPOSITIONPLANS FOR SEE UTILITY GAS VALVE
B
TYP
1 BOLLARDS
WALL
1 1
4'
9'
TYP
15'TYP
8'
TYP
13'
1 LOADING DOCK
INSTALL STREET LIGHT PER CITY OF SAN BERNARDINO STD PLAN SL-1 (LED) 53 PAINT 4" SOLID WHITE STRIPE
53 INSTALL PRECAST CONCRETE WHEEL STOP PER DETAIL ON CP00002 70 70
ASPHALT CONCRETE OVERLAYCOLD MILL 0.12' EXISTING PAVEMENT AND CONSTRUCT 0.12' SHEET CR00006CONSTRUCT FULL AC PAVEMENT SECTION, DEPTHS OF AC AND AB PER BERNARDINO STD PLAN NO. 200CONSTRUCT 8" HIGH TYPE B CURB AND GUTTER PER CITY OF SAN NO. 202, WIDTH PER PLANCONSTRUCT 4" PCC SIDEWALK PER CITY OF SAN BERNARDINO STD PLAN NO. 204, WIDTH PER PLANCONSTRUCT COMMERCIAL DRIVEWAY PER CITY OF SAN BERNARDINO STD PLAN SHEET CR11102DETAILS SEE WALL & RAILING
MHSS
MHSS
MHELEC
MHSD
MHSS

PROP TCE
NOTE:

1. FOR SECTION VIEWS, SEE SHEET CR11102
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112 113 114
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CONSTRUCTION NOTES:
20 0 20 40
SCALE: 1"=20'
SOUTH

ARROWHEAD
AVENUE
SOUTH

ARROWHEAD
AVENUE

W HILDA ST
5'
5'
9'
> MT
9'
32' 32'
1"=20'
CR12101

ROADWAY IMPROVEMENT
32' 32'
SWK
7'
SWK
7'

0.5'R

0.5'R
No.

CURVE DATA
T
L

4.50 N/A 14.14 4.50 180°00'00" 14.14
180°00'00"
N/A
1 2
1 2
LAYOUT

EX CITY R/W
50'

EX SBCTA R/W

EX SBCTA R/W
50'

EX CITY R/W

EX CITY R/W
(41.25' R/W) (41.25' R/W)
(41.25'R/W) (41.25'R/W)

PROP EASEMENT
REMOVAL NOTES:

PROP TCE

EASEMENTPROP

PROP TCE

EX CITY R/W

PROP EASEMENT
SEE SIGNAL PLANS FOR DET (TYP)ELEV PER SHEET CR12102PROP PB (TYP) (TYP)PLANS FOR DETSEE FENCING
S. ARROWHEAD AVENUE - MP 57.94 (1.21)

FOR DISPOSITIONSEE UTIL PLANS VENT

R/WSBCTAEX

BY OWNERTO BE REMOVEDEXISTING BILLBOARD
6'

20.5'

31.7'
SWK
7'
1 PLANS FOR DETAILSEE DRAINAGE
08-28-18 ADDENDUM 1 EA
1 1 CC
1 No.

REG ISTERED PROFESSIONAL ENG INEER

STATE OF CALIFORNIA CIVIL

CHRISTOPLIS

CHARLES
045570
PERSHING AVE (CUL-DE-SAC)SEE SHEET CR13101 FOR
WV
WV

VALVEGAS
WV
FENCE
FENCE
MHTEL
TREE
MP 57.94 (1.21)STA > MT = 112+63.74STA > ARROWHEAD AVENUE = 9+82.50 SIGN
PB
DRWYEX
DRWYEX
PP
PP
SEE ELEC PLANSSTA 8+83
FDC

RESET GUYPP
WV
WV
FH
FH

INLETGRATE
DOT 027212G, CPUC 101 SG-57.94
PAD = 1014.8'10'x8'
WV
WALL
TREE
WM
GAS
MHSS
PIV
SEE SHT CR12301DETAIL A
SEE SHT CR12301DETAIL B
VACAIR
PP

REMOVE EXISTING SIDEWALKREMOVE EXISTING CURB & GUTTERREMOVE EXISTING AC PAVEMENT

4.5' LT8+69.50 BC

4.5' RT8+69.50 EC
3 SAWCUT EXISTING PAVEMENT
1315
20 45
23 2 ADJUST TO GRADE, ITEM PER PLAN
1 PROTECT IN PLACE
10 1
1 15
4 3
1 20
20 20
13 5
3 10
5 4
2 20
15 15
1 13
5 2
2 2 2
1 1
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10 10
15 1
1 1
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15 23
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47 49

4.5' LT11+00.50 BC

4.5' RT11+00.50 EC
1 45
6 10
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SEE ELEC PLANSSTA 10+30 JOIN EXIST
END C&G, SWK & PVMTSTA 11+10.00, 32.00' RT
JOIN EXISTEND C&G, SWK & PVMTSTA 11+10.00, 32.00' LT
SEE ELEC PLANSSTA 9+52
W = 18
> DRWY
STA 8+54
3 4
5 3
MODIFIED> DRWY, W = 18'STA 10+31

CASE II

CASE II
3 1
1 5
5 END MED9+72.50 BEG MED
9+92.50

REMOVE EXISTING DRIVEWAY
43 9
43 9 REMOVE AND SALVAGE EXISTING STREET LIGHT
43 9
11 11 REMOVE EXISTING TREE
7 15
7 REMOVE CROSS GUTTER
11 9 43
47 RELOCATE FIRE HYDRANT PER UTILITY PLANS49 INSTALL SIGNAL HOUSE 11 11
1 1
6 4 15
11 10
1 4
2 2
2 15
2 2
2 2
5 69 INSTALL CURB DRAIN PER SPPWC STD PLAN NO.150-3, CASE PER PLAN 69 69
28 REMOVE EXISTING DRAINAGE PIPE
28 JOIN EXISTBEG C&G, SWK & PVMTSTA 8+15.00, 32.00' LT
JOIN EXISTBEG C&G, SWK & PVMTSTA 8+15.00, 32.00' RT 2
3 REMOVE EXISTING CURB
CONSTRUCT FULL AC PAVEMENT SECTION, DEPTHS OF AC AND AB PER SHEET CR00006 CONSTRUCT 8" HIGH TYPE A CURB PER CITY OF SAN BERNARDINO STD PLAN NO. 200CONSTRUCT 8" HIGH TYPE B CURB AND GUTTER PER CITY OF SAN BERNARDINO STD PLAN NO. 200CONSTRUCT 4" PCC SIDEWALK PER CITY OF SAN BERNARDINO STD PLAN NO. 202, WIDTH PER PLANCONSTRUCT COMMERCIAL DRIVEWAY PER CITY OF SAN BERNARDINO STD PLAN NO. 204, WIDTH PER PLANINSTALL STREET LIGHT PER CITY OF SAN BERNARDINO STD PLAN SL-1 (LED)95% COMPACTED NATIVE MATERIAL CONSTRUCT STAMPED CONCRETE MEDIAN PAVEMENT, 4" PCC OVER 4" SAND FILL OVER 1 1
2 2
FH
78 INSTALL 12" X 12" CONCRETE INLET BROOKS PRODUCT WITH TRAFFIC RATED GRATE 78 REMOVE EXISTING RAILROAD SIGNALUTILITY DISPOSITION PLANSREMOVE/RELOCATE EXISTING POWER POLE, SEE COLD MILL 0.12' EXISTING PAVEMENT AND CONSTRUCT 0.12' ASPHALT CONCRETE OVERLAY 1 344 OF 2425
   
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GISANLGISANL
STOP
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RR
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Asph
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126
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21 9
31 0
7 8 9 10 11 12
2 3
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SECTION A-A SECTION B-B

9.25'
MAX
2%
20 5
15 R/W
EX
9'
MAX
2%
20 1:1

AC SLOPE

9.25'
R/W
EX
5 15
3'

PROP RET CURB WALL
9'

0.5'

EX ASPH PVMT EX GROUND

EX FENCE
42 N
20 0 20 40
SCALE: 1"=20'
CONSTRUCTION NOTES:

REMOVAL NOTES:
> MT
SOUTH
SIERRA
WAY
32'
9'
32'
9'
>

SAWCUT EXISTING PAVEMENT

6.5'
5'
STA > SOUTH SIERRA WAY = 9+74.20
5'
1"=20'
CR15101

ROADWAY IMPROVEMENT
5'
TREES (2)
FH
32' 32'
SWK
9'
WV

MHSEWER
WV

4.5' LT11+45.00 BC
2 4.5' RT11+45.00 EC 4.5' RT
7+90.00 EC
1 4.5' LT7+90.00 BC
SWK
9'
SWK

6.5'

0.5'R

0.5'R
SWK
9'
No.

CURVE DATA
T
L

4.50 14.14 4.50 180°00'00" 14.14
1 180°00'00"
2 LAYOUT
16'

EX CITY R/W

EX SBCTA R/W

EX CITY R/W
SWK
6'
(41.25' R/W) (41.25'R/W)
(41.25'R/W) (41.25'R/W)
3 13
5 10
20 43
4 1 PROTECT IN PLACE
2 ADJUST TO GRADE, ITEM PER PLAN
4 3
20 5
15 43
15 20 3
1 1
13 20
5 4
10 15
5 20
1 15
20 1
3 4
5 10
5 4
3 13
1 2
1 20
15 15
4 3

REMOVE EXISTING AC PAVEMENTREMOVE EXISTING CURB & GUTTERREMOVE EXISTING SIDEWALK 15 4 5
1 1
3 4
10 10
1 1
1 10 10
3 10
4 3
1 15
4 5
5 10
6 2
2 2
5 2
15 27
27 REMOVE EXISTING RAILROAD SIGNAL
49 INSTALL SIGNAL HOUSE
49 30
30 15
3 5'
MHSD
3 5'
5'
9'
4 5'
TYP
43 3 808.94 26°32'11" 190.75 374.66
= 5+00 EC (SOUTH DOROTHY STREET)
INT 10+54.46 (SOUTH SIERRA WAY)
3 MP 58.21 (1.48)STA > MT = 127+26.26
1TYP
9'
43 & CAP PIPINGREMOVE INLET
3 9

REMOVE AND SALVAGE EXISTING STREET LIGHT
53 PAINT 4" SOLID WHITE STRIPE
53 54
43 25
25 9
18 18
28 28
54 9
18 PP
PP

PROP SBCTA R/W

SEE ELEC PLANS
STA 8+60
SOUTH

DOROTHY
STREET

EAST JULIA STREET
SEE ELEC PLANSSTA 10+85
DRWYEX
DRWYEX
15'
RAD
N74°40'30"E
1+25.34
BC
PP
SEE ELEC PLANSSTA 4+15DOROTHY ST
1021.05 FS1020.72 TOW10+69.00, 41.00' LTBEG RET WALL

RESET GUYPP
1019.58 FS1019.25 TOW12+00.00, 41.00' LTEND RET WALL
JOIN EXISTEND C&G, SWK & PVMTSTA 12+00.00, 32.00' LT
JOIN EXISTEND PVMTSTA 12+00.00, 6.50' RT
JOIN EXISTEND PVMTSTA 11+40.00, 30.37' RT
1 GUY
1 FH
1 PP & GUY
3 PROP TCE
(50'R/W)
(50'R/W)
> DRWY, W=16'STA 8+20
GV
1 PP
1 GUYRESETPP
1 1
FENCE

REMOVE EXISTING CURBREMOVE EXISTING RAIL EQUIPMENT PER SIGNAL PLANS 2 1 1
1 2
WV
AA
BB
NOTE: SEE SHT CR15301 FOR ADDITIONAL CURVE DATA
2 13
13 13
TYPE C
END HAND RAILSTA 12+05.00, 40.50' LT
BEG HAND RAIL40.50' LTSTA 10+64.00

EX CITY R/W

END AC SLOPE
STA 9+87.82
BEG AC SLOPESTA 8+30.00
WV
2 MH
2 3
3 4
3'
(20'R/W) (20'R/W) FOR DET (TYP) SEE FENCING PLANS
-- R/WEX CITY 10 42
42 1
1 6
6 6
1 345
6 9
10 76
76 24 REMOVE AND SALVAGE EXISTING SIGN
24 24
24 JOIN
EXIST
END

CURB,PVMT
STA
2+79.52,19.00'LT

DOROTHY
ST
5 13
SWK
6'
13 SOUTH SIERRA WAY - MP 58.21 (1.48)
PAD = 1018.6'10'x8'
ELEV = 1018.6PROP PB LID
DOT 027213N, CPUC 101 SG-58.21

REMOVE EXISTING DRIVEWAY
TYPE 2
JOIN EXISTBEG C&G, SWK, PVMTSTA 7+80.00, 32.00' RT
JOIN EXISTBEG PVMTSTA 7+80.00, 6.50' LT
JOIN EXISTBEG C&G, SWK, PVMTSTA 8+30.00, 32.00' LT

TRANSFORMER
END MED9+57.38
2 BLOWOFF
VACAIR
BEG MED9+80.63
JOIN EXISTEND C&G, SWK STA 10+65.00, 32.00' RT
& BOLLARDSGAS SERVICE
PB
2 2
SEE SIGNAL PLANS (TYP)CR15101 AND CR15102ELEV PER SHEETS PROP PB (TYP) 15 3 TOTAL
24 EASEMENTPROP

DETAIL A
SEE SHT CR15301
24 PLANS

SEE ELEC
STA 9+60

PLANS FENCING SEE

FENCING PLANSREMOVE FENCE SEE
3 SEE FENCING PLANSREMOVE EXISTING FENCE

PAD AND FOUNDATIONREMOVE ELECTRONIC KEY

SEE ELEC PLANSPEDESTALMETERING
1 FENCE

SEE FENCING PLANSREMOVE EXISTING FENCE
3 3
3 REMOVE GATE MOTOR

PAD AND FOUNDATIONREMOVE ELECTRONIC KEY
24 24
6'
28'
6'
12'
44 INSTALL NON-REMOVABLE BOLLARDS PER SHEET CR00006
44 8 REMOVE EXISTING POLE/BOLLARD
8 SCRRA ENGINEERING STD ES4011CONSTRUCT DRIVEWAY FOR MAINTENANCE ACCESS PER STD PLAN NO. 202, WIDTH PER PLANCONSTRUCT 4" PCC SIDEWALK PER CITY OF SAN BERNARDINO

0.12' ASPHALT CONCRETE OVERLAYCOLD MILL 0.12' EXISTING PAVEMENT AND CONSTRUCT AND AB PER SHEET CR00006CONSTRUCT FULL AC PAVEMENT SECTION, DEPTHS OF AC ENGINEERING STD ES4001, DETAIL BCONSTRUCT 8" AC PAVEMENT WITH GLASS GRID PER SCRRA OVER 4" SAND FILL OVER 95% COMPACTED NATIVE MATERIAL CONSTRUCT STAMPED CONCRETE MEDIAN PAVEMENT, 4" PCC BERNARDINO STD PLAN NO. 200CONSTRUCT 8" HIGH TYPE A CURB PER CITY OF SAN SAN BERNARDINO STD PLAN NO. 200CONSTRUCT 8" HIGH TYPE B CURB AND GUTTER PER CITY OF PLAN NO. 201CONSTRUCT CROSS GUTTER PER CITY OF SAN BERNARDINO STD DRAINAGE PLANS FOR CATCH BASIN INFORMATIONSTD PLAN NO. 407, TYPE PER PLAN. SEE GRADING & CONSTRUCT LOCAL DEPRESSION PER CITY OF SAN BERNARDINO TYPE PER PLANINSTALL METAL HAND RAILING PER SPPWC STD 606-4, STD PLAN SL-1 (LED)INSTALL STREET LIGHT PER CITY OF SAN BERNARDINO

STRUCTURAL PLANSCONSTRUCT RETAINING WALL TYPE B, DETAILS PER 111-5, CASE CCONSTRUCT CURB RAMP PER SPPWC STD PLAN NO.

DISPOSITION PLANSREMOVE/RELOCATE EXISTING POWER POLE, SEE UTILITY PER SPPWC STD PLAN NO. 111-5, CASE B, TYPE 1CONSTRUCT CURB RAMP AND DETECTABLE WARNING SUFACE JOIN EXISTBEG C&G, SWK & PVMTSTA 3+52.07, 26.96' RTDOROTHY ST

19.32'
54 MHSS
1 PP
352 OF 2425
   
 Packet Pg. 934
REV. DATE APP. 5-18-2018 BY SUB.

DESIGNED BYDRAWN BYCHECKED BYAPPROVED BYDATE
CONTRACT NO.

REVISION SHEET NO.

DRAWING NO.

SCALE
8/23/2018 12:02:32 PM
p:\pwworking\sac\d0756163\SANBAG-ICS-HALF.tbl
C:\Program Files (x86)\Com m on Files\InterPlot\IPLOT\bin\iplotdrvm .plt \\OMAP-INPICS01\ICSforPDF\2515\883953_29\26495-06-CR20101.DGN OMAP-INPICS02$

ESSI AL
ER E

NE IG N

ER G SI

D RET E
T TA E
S

OF CALIFORNIA
Exp. 12/31/19
GN SO
HENG
SNIAJ J. KUO
J. BROWN
W W
W
T
W
W
W
FH
R R
R R
R R
R R
Asph
Asph.

Asph.

Asph.
152 153 154
8 9 10 11 12 13
N
No.

REG ISTERED PROFESSIONAL ENG INEER

STATE OF CALIFORNIA CIVIL

CHRISTOPLIS

CHARLES
045570
9'
9'

EAST MILL STREET
CONSTRUCTION NOTES:
20 0 20 40
SCALE: 1"=20'
> MT

EAST MILL STREET
32' 32'
1"=20'
CR20101

ROADWAY IMPROVEMENT
5'
FH
5'
1 4.5' LT8+75.00 BC
32'
32'

MHSEWER

0.5'R
2 4.5' RT8+75.00 EC
END ISLAND9+79.88
No.

CURVE DATA
T
L

4.50 N/A 14.14 4.50 180°00'00" 14.14
180°00'00"
N/A
1 2
WV
WV
WV
LAYOUT
34'

EX CITY R/W

EX SBCTA R/W

EX CITY R/W

EX CITY R/W
(50' R/W)
10 13
15 20
3 4
10 1 PROTECT IN PLACE
1 13
5 15
1 5
15 20
4 5
13 10
15 3
3 4
15 5
20 20
20 4
1 1 REMOVE EXISTING AC PAVEMENT
345
6 REMOVE EXISTING SIDEWALKREMOVE EXISTING CURB & GUTTER 10 15
23 23
23 3
4 1
1 1
10 4
2 2
10 10
1 1
5 5
2 5
6 3
10 1
4 6
15 4
2 2
2 2
6 2 ADJUST TO GRADE, ITEM PER PLAN
23 49
49 INSTALL SIGNAL HOUSE
3 SAWCUT EXISTING PAVEMENT
5 REMOVE EXISTING RAILROAD SIGNAL
SWK
8'
(41.25' R/W)
3 3
42'
WV
(46.25' R/W) (41.25' R/W)
TREE
TREE
2 STA > E MILL STREET = 9+89.94STA > MT = 152+72.95MP 58.70 (1.97) BEG ISLAND10+00.00
4'
1'

9.25'

4.5' RT11+05.00 EC

4.5' LT11+05.00 BC
DRWYEX
PP
W=12'> DRWYSTA 10+27
JOIN EXISTEND C&G, SWK & PVMTSTA 11+20.00, 32.00' LT
CB
WV
SEE ELEC PLANSSTA 10+40
JOIN EXISTEND C&G, SWK & PVMTSTA 11+26.50, 32.00' RT

0.5'R
REMOVAL NOTES:

FOR DET (TYP)SEE FENCING PLANS
(75'R/W)
(50'R/W)
GV
GV

PROP TCE

PROP TCE
3 4
5'
3 REMOVE EXISTING CURB
12 12
25 1
25 6
1 1 2
2 18 REMOVE EXISTING RAIL EQUIPMENT PER SIGNAL PLANS
18 18
43 43
1 1
3 4
5'
6'
INSTALL STREET LIGHT PER CITY OF SAN BERNARDINO STD PLAN SL-1 (LED) BEG SWK JOIN EXISTSTA 8+60.00, 42.00' RT
4 TREE
1 1
2 WV
2 WV
2 3
3 FOR DET (TYP)SEE DRAINAGE PLANS
12 1

PROP EASEMENT
PP
1 1
GUY
TREE
1 1
PP
1 2
WM GUY
LPL
1 SEE ELEC PLANSSTA 8+77
43 1
1 BOLLARD

BOLLARD
6" AB8" PCC
3 3
5'20 5
1 5
1 5
SWK

8.25'
CURB
1 EAST MILL STREET - MP 58.70 (1.97)
9 56 CONSTRUCT PCC PAVEMENT PER PLAN
9 REMOVE AND SALVAGE EXISTING STREET LIGHT
61 25
25 REMOVE EXISTING PCC PAVEMENT
56 61
61 MODIFIED> DRWY, W=34'STA 11+03
MODIFIED> DRWY, W=42'STA 10+69
MODIFIED> DRWY, W=40'STA 9+25
2 JOIN EXISTBEG C&G, SWK & PVMTSTA 8+00.00, 32.00' LT
JOIN EXISTBEG C&G, PVMTSTA 8+00.00, 32.00' RT
13 13
FDC
4 TOF = 1010.0'RAILROAD ANTENNA
PAD = 1012.4'
14'X10'
SEE SIGNAL PLANS FOR DET (TYP)ELEV PER SHEET CR20102PROP PB (TYP)

REMOVE EXISTING LANDSCAPING AND IRRIGATION
DOT 027215C, CPUC 101 SG-58.70
2 UNDER SWK DRAIN
VACAIR

GUYPP &
2 WM
2 PB
VACAIR
2 BO
2 PP
SEE SHT CR20301

CITY R/WEX

DETAIL C
SEE SHT CR20301 DETAIL A
SEE SHT CR20301DETAIL B
BFP

FOR DISPOSITIONSEE UTILITY PLANS GAS VENT
SIGN
2 PB

REMOVE EXISTING DRIVEWAY
CONSTRUCT 6" HIGH TYPE A CURB PER CITY OF SAN BERNARDINO STD PLAN NO. 200CONCRETE OVERLAYCOLD MILL 0.12' EXISTING PAVEMENT AND CONSTRUCT 0.12' ASPHALT SHEET CR00006CONSTRUCT FULL AC PAVEMENT SECTION, DEPTHS OF AC AND AB PER SAND FILL OVER 95% COMPACTED NATIVE MATERIAL CONSTRUCT STAMPED CONCRETE MEDIAN PAVEMENT, 4" PCC OVER 4" PLAN NO. 200CONSTRUCT 8" HIGH TYPE A CURB PER CITY OF SAN BERNARDINO STD BERNARDINO STD PLAN NO. 200CONSTRUCT 8" HIGH TYPE B CURB AND GUTTER PER CITY OF SAN NO. 202, WIDTH PER PLANCONSTRUCT 4" PCC SIDEWALK PER CITY OF SAN BERNARDINO STD PLAN PLAN NO. 204, WIDTH PER PLANCONSTRUCT COMMERCIAL DRIVEWAY PER CITY OF SAN BERNARDINO STD STD ES4011CONSTRUCT DRIVEWAY FOR MAINTENANCE ACCESS PER SCRRA ENGINEERING

TCEPROP
SW

13.25'

DISPOSITION PLANSREMOVE/RELOCATE EXISTING POWER POLE , SEE UTILITY SWK
8'

IRRIGATION

LANDSCAPE &
1 1

IRRIGATION

LANDSCAPE &
1 1
08-28-18 ADDENDUM 1 EA CC
1 361 OF 2425
   
 Packet Pg. 935
REV. DATE APP. 5-18-2018 BY SUB.

DESIGNED BYDRAWN BYCHECKED BYAPPROVED BYDATE
CONTRACT NO.

REVISION SHEET NO.

DRAWING NO.

SCALE
5/24/2018 10:09:59 AM
p:\pwworking\sac\d0756163\SANBAG-ICS-HALF.tbl
C:\Program Files (x86)\Com m on Files\InterPlot\IPLOT\bin\iplotdrvm .plt \\OMAP-INPICS01\ICSforPDF\2278\883953_34\26495-06-CR21101.DGN OMAP-INPICS01$

ESSI AL
ER E

NE IG N

ER G SI

D RET E
T TA E
S

OF CALIFORNIA
Exp. 12/31/19
GN SO
HENG
SNIAJ J. KUO
J. BROWN
157 158 159 160
4 5
6 3
4 5
6 20 0 20 40
SCALE: 1"=20'
1"=20'
CR21101
N
LAYOUT
CONSTRUCTION NOTES:

CURVE DATA
2 1
R T L
100'
200' 18.01' 35.92'
1 2
No.

FLOOD CONTROL MAINTENANCE ACCESS ROAD
3 SAWCUT EXISTING PAVEMENT
1 REMOVE EXISTING AC PAVEMENT
5 CONSTRUCT FULL AC PAVEMENT SECTION, DEPTHS OF AC AND AB PER SHEET CR00006 12'
12'
12'
12'
12 1
'
2'
(50'R/W)
(50'R/W)
S6°33'16"E
MP 58.78 (2.05)
STA > MT = 156+89.36

MAINTENANCE CROSSING
> FLOOD CONTROL STA 5+00.00
MP 58.81 (2.08)
STA > MT = 158+66.84

MAINTENANCE CROSSING
> FLOOD CONTROL STA 5+00.00
REMOVAL NOTES:

EXIST SBCTA R/W

FOR DETSEE DRAINAGE PLANS

SEE FENCING PLANS FOR DET (TYP)
JOIN EXIST END PVMTSTA 6+11.52
JOIN EXIST END PVMTSTA 6+80.00
TWIN
CREEK

CHANNEL

STRUCTUREEXIST CONCRETE
TWIN
CREEK

CHANNEL
MP 58.78 (2.05) & MP 58.81 (2.08)

PROP TCE
JOIN EXIST BEG PVMTSTA 4+10.00
ACCESS ROAD 1 >

PROP TCE

PROP TCE
JOIN EXISTBEG PVMTSTA 3+50.00

PROP TCE

PROP TCE
3 3
3 3
5 5
5 5
1 1
1 1
ACCESS ROAD 2 >
1 PROTECT IN PLACE
1 SEE TRACK PLANSHMA LIMITS

SEE TRACK PLANSHMA LIMITS

10.35' 20.63'
367 OF 2425
   
 Packet Pg. 936
REV. DATE APP. 5-18-2018 BY SUB.

DESIGNED BYDRAWN BYCHECKED BYAPPROVED BYDATE
CONTRACT NO.

REVISION SHEET NO.

DRAWING NO.

SCALE
1/15/2019 11:50:02 AM
p:\pwworking\sac\d0756163\SANBAG-ICS-HALF.tbl
C:\Program Files (x86)\Com m on Files\InterPlot\IPLOT\bin\iplotdrvm .plt \\OMAP-INPICS01\ICSforPDF\3041\990937_41\26495-06-CR24101.DGN OMAP-INPICS02$

ESSI AL
ER E

NE IG N

ER G SI

D RET E
T TA E
S

OF CALIFORNIA
Exp. 12/31/19
GN SO
HENG
SNIAJ J. KUO
J. BROWN
0 02-06-19 CONFORMED TJ SG
M
R R
R R
STOP
Asph
Asph
Asph.

WM
W
WM
W
W
W
W
T
FH
EXIST.10"SEWER
EX 2" GAS
EXIST.TELEPHONE EXIST.TELEPHONE
EXIST.TELEPHONE
EX 6"WATER
EX 12"WATER
EX 6"WATER
EX 2" GAS

EX ELECTRIC LINE

EX ELECTRIC LINE
1005
174 175 176
7 8 9 10 11 12
N
20 0 20 40
SCALE: 1"=20'
> MT
CONSTRUCTION NOTES:
5'
5'
9'
9'
TREE
TREE
32' 32'
TREE
1"=20'
CR24101

ROADWAY IMPROVEMENT
EAST

CENTRAL
AVENUE
EAST

CENTRAL
AVENUE
REMOVAL NOTES:
1 PROTECT IN PLACE
3 SAWCUT EXISTING PAVEMENT4
10 5
1513
20 23
1 20
23 20
3 4
5 5 15
23 REMOVE EXISTING AC PAVEMENTREMOVE EXISTING SIDEWALKREMOVE EXISTING CURB & GUTTERREMOVE EXISTING TREE 1 1
1 3
4 15
13 5
5 20
10 13

4.5' LT9+15.00 BC

4.5' RT9+15.00 EC
1 0.5'R
2 4.5' RT10+65.00 EC

4.5' LT10+65.00 BC
(44' R/W) (44' R/W)
No.

R
T
L
180°00'00"
1 180°00'00"
2 0.5'R

MHSEWER
MH
LAYOUT
30'

EX CITY R/W

EX SBCTA R/W

EX SBCTA R/W
1 11
1 1
1 1
1 4
10 5
3 4
5 2
2 1
45 6
10 11
2 ADJUST TO GRADE, ITEM PER PLAN
25 6
6 4
49 49 INSTALL SIGNAL HOUSE

EX CITY R/W

EX SBCTA R/W EX SBCTA R/W
SWK
11'
30 30
10 3
5'
STA > CENTRAL AVENUE = 9+89.94STA > MT = 174+79.77MP 59.11 (2.38) DRWY
EX
PP
> DRWY, W=24'STA 9+30

PROP EASEMENT
BEG SWK STA 10+20.00, 32.00' RT
JOIN EXISTEND C&G, SWK & PVMTSTA 10+39.00, 32.00' RT
JOIN EXISTEND PVMTSTA 11+30.00, 6.50' RT
(44' R/W) (44' R/W)

SOUTH ALLEN STREET

SEE ELEC PLANS
STA 10+21 TREE
1 JOIN EXISTEND C&G, SWK & PVMTSTA 11+30.00, 32.00' LT

27.5'

PROP TCE

PROP TCE
SEE ELEC PLANSSTA 9+36

PROP TCE

PROP EASEMENT
4 3
45'
3 3

REMOVE EXISTING RAILROAD SIGNAL
43 2
43 43
1 PLANS FOR DETSEE TRACK
(50' R/W)
(50' R/W)
MH
13 13
6'
SWK
4 3

EX CITY R/W

EX CITY R/W
1 10
18 18
WV
1 -
- FOR DET (TYP)

SEE FENCING PLANS
PP
5'
8+21.62 EC
7+09.05 BC
3 3000' 2°09'00" 56.29'
3 EAST CENTRAL AVENUE - MP 59.11 (2.38)
6" AB
6" PCC
2 1
25 REMOVE EXISTING PCC PAVEMENT
25 56 CONSTRUCT PCC PAVEMENT PER PLAN
56 EASEMENTPROP
1 1

MODIFIED
W=24'
> DRWY
STA 8+90

MODIFIED
> DRWY, W=34'
STA 10+45 INLET GRATE
INLET
GRATE
3 1 5
SEE SIGNAL PLANS FOR DET (TYP)ELEV PER SHEET CR24102PROP PB (TYP)

DEPRESSION
LOCAL
3 REMOVE EXISTING DRIVEWAYREMOVE EXISTING RAIL EQUIPMENT PER SIGNAL PLANS 1 28 REMOVE EXISTING DRAINAGE PIPE
69 INSTALL CURB DRAIN PER SPPWC STD PLAN NO.150-3, CASE PER PLAN 69 28
JOIN EXISTBEG C&G, PVMTSTA 8+00.00, 32.00' RT
JOIN EXISTBEG C&G, SWK & PVMTSTA 8+40.00, 32.00' LT
11 TCEPROP
DOT 027218X, CPUC 101 SG-59.11
PAD = 1007.5'10'X8'
3 TOTAL

CASE II
TYPE 2
INSTALL STREET LIGHT PER CITY OF SAN BERNARDINO STD PLAN SL-1 (LED) 77 77
SHEET CR00006CONSTRUCT FULL AC PAVEMENT SECTION, DEPTHS OF AC AND AB PER SAND FILL OVER 95% COMPACTED NATIVE MATERIAL CONSTRUCT STAMPED CONCRETE MEDIAN PAVEMENT, 4" PCC OVER 4" PLAN NO. 200CONSTRUCT 8" HIGH TYPE A CURB PER CITY OF SAN BERNARDINO STD BERNARDINO STD PLAN NO. 200CONSTRUCT 8" HIGH TYPE B CURB AND GUTTER PER CITY OF SAN NO. 202, WIDTH PER PLANCONSTRUCT 4" PCC SIDEWALK PER CITY OF SAN BERNARDINO STD PLAN PLAN NO. 204, WIDTH PER PLANCONSTRUCT COMMERCIAL DRIVEWAY PER CITY OF SAN BERNARDINO STD STD ES4011CONSTRUCT DRIVEWAY FOR MAINTENANCE ACCESS PER SCRRA ENGINEERING TYPE PER PLAN. SEE GRADING & DRAINAGE PLANS FOR CATCH BASIN INFORMATIONCONSTRUCT LOCAL DEPRESSION PER CITY OF SAN BERNARDINO STD PLAN NO. 407, PROTECTION SURFACE (3" NOMINAL ROCK DIAMETER)CONSTRUCT 5' WIDE X 8' LONG X 6" DEPTH GROUTED ROCK DRAINAGE 1 VAC
AIR
VAC
AIR
1 1
5 SWK DRAIN

EXIST UNDER

RESET GUY
MH
SD
2 WM
WV
2 SEE SHT CR24301DETAIL B
SEE SHT CR24301DETAIL A
1 CB
11 21'
WM
2 BEG MED10+00.00
END MED9+79.89

PER SPECSUNDER SWK DRAIN OVER EXISTINGCONSTRUCT SWK

4.50' 4.50'

CURVE DATA

14.14' 14.14'
112.57'
25 25
No.

REG ISTERED PROFESSIONAL ENG INEER

STATE OF CALIFORNIA CIVIL

CHRISTOPLIS

CHARLES
045570
CONCRETE OVERLAYCOLD MILL 2" EXISTING PAVEMENT AND CONSTRUCT 2" ASPHALT

R/WSBCTA PROP
BEG SWKSTA 9+18.54
23 20
15 15
15 DISPOSITION PLANSREMOVE/RELOCATE EXISTING POWER POLE, SEE UTILITY C
C
   
 Packet Pg. 937
REV. DATE APP. 5-18-2018 BY SUB.

DESIGNED BYDRAWN BYCHECKED BYAPPROVED BYDATE
CONTRACT NO.

REVISION SHEET NO.

DRAWING NO.

SCALE
5/24/2018 10:10:25 AM
p:\pwworking\sac\d0756163\SANBAG-ICS-HALF.tbl
C:\Program Files (x86)\Com m on Files\InterPlot\IPLOT\bin\iplotdrvm .plt \\OMAP-INPICS01\ICSforPDF\2278\883953_40\26495-06-CR28101.DGN OMAP-INPICS01$

ESSI AL
ER E

NE IG N

ER G SI

D RET E
T TA E
S

OF CALIFORNIA
Exp. 12/31/19
GN SO
HENG
SNIAJ J. KUO
J. BROWN
W
W
W
MH
T
P
W
W
FH
R R
R R

R R R R
H
Asph
Asph
197
198
199
200
8 9 10 11 12
20 0 20 40
SCALE: 1"=20'
N
CONSTRUCTION NOTES:

REMOVAL NOTES:
> MT
39' 39'
1"=20'
CR28101

ROADWAY IMPROVEMENT
2'
2'
2'
EAST
ORANGE
SHOW
ROAD
EAST
ORANGE
SHOW
ROAD
N89°23'04"E

0.5'R

0.5'R
32'
32'
LAYOUT

EX SBCTA R/W

EX CITY R/W

EX SBCTA R/W

EX SBCTA R/W
(50'R/W)

EX CITY R/W
3 SAWCUT EXISTING PAVEMENT
15 20
4 4
20 4
4 20
3 4
15 45 REMOVE EXISTING SIDEWALK

REMOVE EXISTING CURB & GUTTER
10 5
4 15
4 5 10 20
4 15
20 5
4 15
3 49
33'
30 30
30 10
10 10
3 (56.4'R/W) (41.8'R/W)
3 49 INSTALL SIGNAL HOUSE
3 5
30'
SEE ELEC PLANSSTA 9+40
TYPE 1STA 9+29.31
JOIN EXISTEND C&G, SWK & PVMTSTA 10+20.00, 39.00' LT

PROP SBCTA R/W

IN MED IF DAMAGEDREPAIR IRRI LINES
SEE ELEC PLANSSTA 10+20
(50'R/W)
STA > ORANGE SHOW ROAD = 9+83.81STA > MT = 198+65.10MP 59.57 (2.84) JOIN EXISTEND C&G, SWK & PVMTSTA 10+51.00, 39.00' RT
LPL

IN MED IF DAMAGEDREPAIR IRRI LINES
3 4 31.00' LT
STA 9+00.00

35.50' RTSTA 10+51.00

PROP EASEMENT

BOXELEC
SEE ELEC PLANSSTA 9+16
14'
10'x8'
MH
(50.7'R/W) (46'R/W)

REMOVE EXISTING RAILROAD SIGNAL
1 REMOVE EXISTING AC PAVEMENT
5 1 5 5
1 1 5
43 3
3 13
13 3 REMOVE EXISTING CURB
13 1 5
9 REMOVE AND SALVAGE EXISTING STREET LIGHT
43 43
18 18
18 52 52
52 1
1 PROTECT IN PLACE
1 3
43 9
1 SIGN
WV
3 3

AIR VAC

AIR VAC
3 13

PROP TCE
1 2
2 11 REMOVE EXISTING TREE
11 1
1 1
1 1

REMOVE EXISTING RAIL EQUIPMENT PER SIGNAL PLANS
2 ADJUST TO GRADE, ITEM PER PLAN
END MED9+72.26
BO
2 13 3
JOIN EXISTBEG C&G, SWK & PVMTSTA 9+00.00, 39.00' LT
JOIN EXISTBEG C&G, SWK & PVMTSTA 9+40.00, 39.00' RT
PAD = 1012.0'
SEE SIGNAL PLANS FOR DET (TYP)ELEV PER SHEET CR28102PROP PB (TYP) CURB
CURB
CURB
CURB

RIVER ROCK

BEG GROUTED
8+65.00
JOIN EXIST CURBBEG MEDSTA 9+40.00, 7.00' LT
JOIN EXIST CURBBEG MEDSTA 9+40.00, 7.00' RT

RIVER ROCK

END GROUTED
11+02.00
JOIN EXIST CURBEND MEDSTA 10+20.00, 7.00' RT
INSTALL STREET LIGHT PER CITY OF SAN BERNARDINO STD PLAN SL-1 (LED) E. ORANGE SHOW ROAD - MP 59.57 (2.84)

R/WCITY EXIST
2 PB
2 CONSTRUCT 8" HIGH TYPE A CURB PER CITY OF SAN BERNARDINO STD PLAN NO. 200 21 21
21 REMOVE EXISTING LANDSCAPING
CONCRETE OVERLAYCOLD MILL 0.12' EXISTING PAVEMENT AND CONSTRUCT 0.12' ASPHALT CONSTRUCT FULL AC PAVEMENT SECTION, DEPTHS OF AC AND AB PER SHEET CR00006 STD PLAN NO. 200CONSTRUCT 8" HIGH TYPE B CURB AND GUTTER PER CITY OF SAN BERNARDINO WIDTH PER PLANCONSTRUCT 4" PCC SIDEWALK PER CITY OF SAN BERNARDINO STD PLAN NO. 202, TYPE PER PLAN. SEE GRADING & DRAINAGE PLANS FOR CATCH BASIN INFORMATIONCONSTRUCT LOCAL DEPRESSION PER CITY OF SAN BERNARDINO STD PLAN NO. 407, NO. 206 AND AS MODIFIED PER SHEET CR00006CONSTRUCT GROUTED RIVER ROCK MEDIAN PER CITY OF SAN BERNARDINO STD PLAN

BEG MED
9+95.37
JOIN EXIST CURBEND MEDSTA 10+20.00, 7.00' LT

SEE FENCING PLANS (TYP)

FOR DETAILS (TYP)SEE DRAINAGE PLANSPROP DRAINAGE PIPE
PB
TYPE 1STA 9+58.93

27.6'
DOT 027296E, CPUC 101 SG-59.57
376 OF 2425
   
 Packet Pg. 938
REV. DATE APP. 5-18-2018 BY SUB.

DESIGNED BYDRAWN BYCHECKED BYAPPROVED BYDATE
CONTRACT NO.

REVISION SHEET NO.

DRAWING NO.

SCALE
8/23/2018 12:03:45 PM
p:\pwworking\sac\d0756163\SANBAG-ICS-HALF.tbl
C:\Program Files (x86)\Com m on Files\InterPlot\IPLOT\bin\iplotdrvm .plt \\OMAP-INPICS01\ICSforPDF\2515\883953_43\26495-06-CR30101.DGN OMAP-INPICS02$

ESSI AL
ER E

NE IG N

ER G SI

D RET E
T TA E
S

OF CALIFORNIA
Exp. 12/31/19
GN SO
HENG
SNIAJ J. KUO
J. BROWN
W
W
W
W
MH
P
P
W
W
W
W
T
W
W
R R
R R
R R
R R
POTS
Asph
206
207
208
209
210
7 8 9 10 11 12
3 4
5 N
No.

REG ISTERED PROFESSIONAL ENG INEER

STATE OF CALIFORNIA CIVIL

CHRISTOPLIS

CHARLES
045570
CONSTRUCTION NOTES:
43'
14'
> MT
5'
STA > SOUTH WATERMAN AVENUE = 9+77.71
20 0 20 40
SCALE: 1"=20'
40' 15'
30'
5'
1"=20'
CR30101

ROADWAY IMPROVEMENT
> MT
MH
WV
SOUTH

WATERMAN
AVENUE
SOUTH

WATERMAN
AVENUE
40'
43'
14'

41.5'
(55' R/W) (55' R/W)

0.5'R
WV

MHSEWER
WV

MHSEWER

MHSEWER
WV
No.

CURVE DATA
T
L
1 09°31'38"
2 09°31'38"
2 1
LAYOUT
MHTEL

EX CITY R/W

EX SBCTA R/W

EX CITY R/W

EX SBCTA R/W

EX CITY R/W
(50'R/W)
(50'R/W)
SWK

6.5'
4'

SAWCUT EXISTING PAVEMENT
1315
20 5
2 ADJUST TO GRADE, ITEM PER PLAN
4 10
3 4
5 13
15 20
20 2
5 3
4 4
10 5
20 4
3 2
20 13
5 10
15 20
2 10
5 1
1 REMOVE EXISTING AC PAVEMENT
34 REMOVE EXISTING CURB & GUTTER5 REMOVE EXISTING SIDEWALK 9 10

REMOVE AND SALVAGE EXISTING STREET LIGHT
2 2
1 1
1 1
10 3
4 5
1 2
2 3
10 2
2 2
10 9
2 4 15
3 13
2 4 15
26 26
2 11 REMOVE EXISTING TREE
15 11
15 26
49 INSTALL SIGNAL HOUSE
49 TREE

EX CITY R/W
3 REMOVE EXISTING RAILROAD SIGNAL
52 52
1 STREET

EAST DUMAS
W=12'
STA 9+96.00
TREE
5'
TREE
TREE
TREE
5'
N0°26'25"W
N0°27'33"W
BC
3+50.00
EC3+63.87
8 BC3+84.15
EC
4+21.39
N89°32'34"E
9 7
10 3 41.51'LT ECR
8+54.88

20.00'LT
4+20.88 PCC

43.00'LT
9+65.50 ECR

1.50'RT BC
7+30.00

1.02'LT EC
7+60.21

5.98'LT BC
7+89.79

8.50'LT EC
8+20.00
3 91°02'56"4 21°20'29"
6 21°26'26"
7 21°20'29"89 21°02'52"
89°58'52"
5 10
INT 9+10.52 SOUTH WATERMAN AVENUE
= 5+00 (WEST DUMAS STREET)
MP 59.76 (3.03)
12'
MH

5.50'RT AP7+00.00
TREE

20.00'LT BC
3+84.15

20.00'RT BC3+84.15

20.00'RT EC3+63.87

20.00'LT
EC
3+63.87
WV
REMOVAL NOTES:

VENTELEC

PROP SBCTA R/W

PROP EASEMENT
MP 59.76 (3.03)STA > MT = 208+65.27
JOIN EXISTEND C&G, SWK & PVMTSTA 10+70.00, 43.00' LT

SEE ELEC PLANS
STA 10+65
PP

SEE ELEC PLANS
STA 4+32

REMOVE EXISTING CURB
1 1 PROTECT IN PLACE
47 RELOCATE FIRE HYDRANT PER UTILITY PLANS
3 3
1 1
4 3
1 2
3 1
1 1
8 25
25 8 REMOVE EXISTING POLE/BOLLARD
18 18 REMOVE EXISTING RAIL EQUIPMENT PER SIGNAL PLANS
47 18
9 1
1 43
43 43

PROP TCE PROP EASEMENT

29.5'
6'
SWK
SWK

6.5'
SWK

7.5'
PROP TCE 5

PROP EASEMENT
4 3
5'

EX CITY R/W
1 PROP TCE

EASEMENT
PROP
1 POST

PLANS FOR DET (TYP)SEE FENCING
3 WV
1 2
1 JOIN EXISTEND C&G & PVMTSTA 10+70.00, 40.00' RT

SEE ELEC PLANS
STA 8+46 43
13 13
24 1 6
1 6
6 R=10'
R=10'
5' 10'
JOIN EXIST PVMTSTA 7+00.00, 6.50' RT
JOIN EXIST PVMTBEG MED & PVMTSTA 6+23.00, 1.50' RT
JOIN EXIST PVMTBEG MED & PVMTSTA 6+23.00, 3.10' RT
1014.7'PAD = 14'x10'
JOIN EXISTBEG C&G, SWK, PVMTSTA 7+00.00, 46.50' LT

PEDESTALMETERING
1 1 VAULT
1 PROP EASEMENT
WM
1 END MED9+66.20
BEG MED9+89.25
13 15
20 15
1 PP
4 DOT 027220Y, CPUC 101 SG-59.76
JOIN EXISTBEG PVMT, C&GBCSTA 3+50.00, 20.00' LTEAST DUMAS ST JOIN EXISTEND C&G, SWK & PVMT20.00' RT, BCSTA 3+50.00EAST DUMAS ST 6 JOIN EXISTGROUTED RIVER ROCKEND MED & BEG STA 10+70.00 5.50' RT JOIN EXISTGROUTED RIVER ROCKEND MED & BEG STA 10+70.00 8.50' LT (55'R/W) (55'R/W)
12 11 300.00' 6°23'04"
300.00' 7°26'06"
CONSTRUCT CURB RAMP PER SPPWC STD PLAN NO. 111-5, CASE A, TYPE 1 4 5
5 JOIN EXISTBEG C&G, SWK & PVMTSTA 7+00.00, 40.83' RT
1014.1'TOF = ANTENNARAILROAD
BEG PCC PVMTSTA 7+00.00, 32.62' LT
JOIN EXISTEND PCC PVMTSTA 8+54.70, 32.61' LT
12 11
VAULT

IN KIND PER SPECIFICATIONS

OF ARTIFICIAL TURF AND REPLACE

REMOVE INTERFERING PORTIONS
8 CONSTRUCT 8" PCC PAVEMENT SECTION OVER 6" CLASS 2 AGGREGATE BASE 8 FILL OVER 95% COMPACTED NATIVE MATERIAL CONSTRUCT STAMPED CONCRETE MEDIAN PAVEMENT, 4" PCC OVER 4" SAND STD ES4001, DETAIL BCONSTRUCT 8" AC PAVEMENT WITH GLASS GRID PER SCRRA ENGINEERING SHEET CR00006CONSTRUCT FULL AC PAVEMENT SECTION, DEPTHS OF AC AND AB PER PLAN NO. 200CONSTRUCT 8" HIGH TYPE A CURB PER CITY OF SAN BERNARDINO STD BERNARDINO STD PLAN NO. 200CONSTRUCT 8" HIGH TYPE B CURB AND GUTTER PER CITY OF SAN NO. 202, WIDTH PER PLANCONSTRUCT 4" PCC SIDEWALK PER CITY OF SAN BERNARDINO STD PLAN 25 25 REMOVE EXISTING PCC PAVEMENT

SEE ELEC PLANS
STA 9+16 43
S. WATERMAN AVENUE - MP 59.76 (3.03)
2 VAULTELEC
MHSD
1 CURB
1 CURB
30'
2 FH

PROP SD SEE DRAINAGE PLANS (TYP)

REMOVE INLET SEE DRAINAGE PLANS (TYP)

SEE FENCING PLANS (TYP)

SEE SIGNAL PLANS (TYP)
ELEV PER SHEET CR30102

PROP PB (TYP)

DRAINAGE PLANS

PROP SD SEE MH
SEWER
82 BERNARDINO STD PLAN NO. 206 AND AS MODIFIED PER SHEET CR00006CONSTRUCT GROUTED RIVER ROCK MEDIAN PER CITY OF SAN INSTALL STREET LIGHT PER CITY OF SAN BERNARDINO STD PLAN SL-1 (LED)CONSTRUCT DRIVEWAY FOR MAINTENANCE ACCESS PER SCRRA ENGINEERING STD ES4011 82 INSTALL WALKWAY TURNDOWN SECTION PER DETAIL ON SHEET CR00006

CABINET
PB

CABLE BOX
BEG THICKENED EDGESTA 9+12.88, 46.00' RT
END THICKENED EDGESTA 9+26.87, 60.00' RT
PRC

20.00'RT
4+23.50
1 TCE

PROJECT AT THIS LOCATION PROPINDUSTRIAL CENTERCOORDINATION WITH WATERMAN FENCE 1 FENCE
1 BFPIRRI
COLD MILL 0.12' EXISTING PAVEMENT AND CONSTRUCT 0.12' ASPHALT CONCRETE OVERLAY

CENTER (BY OTHERS)WATERMAN INDUSTRIAL

24.74'

49.69'
24 REMOVE AND SALVAGE EXISTING SIGN

SEE UTILITY DISPOSITION PLANSREMOVE/RELOCATE EXISTING POWER POLE,

26.14'
182.50' 182.50'

35.00'
120.00'

60.00' 80.00'
100.00' 100.00'

80.00' 35.00'

15.21' 15.21' 35.65' 22.61' 15.15' 18.84' 14.86' 34.99' 19.49'

30.35' 30.35' 55.62' 44.70' 29.94' 37.25' 29.39' 54.97' 33.43' 38.93' N89°26'36"E
9°56'12" 5.22' 10.41'9°56'12" 8.69' 17.34'
JOIN EXIST PVMTSTA 7+00.00, 0.50' RT
4 JOIN EXIST MEDEND GROUTED RIVER ROCKSTA 11+29.06 5.66' RT JOIN EXIST MEDEND GROUTED RIVER ROCKSTA 11+29.17 8.71' LT 10 12.16'

7.17'
ANGLE PTSTA 7+40.00, 40.00' RT

16.73'
4 4
4 1
1 1 08-28-18 ADDENDUM 1 EA CC

FOR DISPOSITIONSEE UTLITY PLANS METERING PEDESTAL
28 CONSTRUCT CROSS GUTTER PER CITY OF SAN BERNARDINO STD PLAN NO. 201 1 28
1 1 7 REMOVE CROSS GUTTER
7 6'
1 R/W

EX SBCTA
382 OF 2425
   
 Packet Pg. 939
REV. DATE APP. 5-18-2018 BY SUB.

DESIGNED BYDRAWN BYCHECKED BYAPPROVED BYDATE
CONTRACT NO.

REVISION SHEET NO.

DRAWING NO.

SCALE
5/24/2018 10:18:22 AM
p:\pwworking\sac\d0756163\SANBAG-ICS-HALF.tbl
C:\Program Files (x86)\Com m on Files\InterPlot\IPLOT\bin\iplotdrvm .plt \\OMAP-INPICS01\ICSforPDF\2278\883953_57\26495-06-CR42101.DGN OMAP-INPICS01$

ESSI AL
ER E

NE IG N

ER G SI

D RET E
T TA E
S

OF CALIFORNIA
Exp. 12/31/19
GN SO
HENG
SNIAJ J. KUO
J. BROWN
W
W
P
T
W
W
W
M
M
M
M
M
M
M
STOP
R R
R R
R R
R R
Dense Trees
Asph
Asph
WM
WM
268 269 270 271
7 8
9 10
11 12
20 0 20 40
SCALE: 1"=20'
CONSTRUCTION NOTES:
44' 36'
10'
9'
8'
5'
N

SIGN POLE
SIGNAL
2'
1"=20'
CR42101

ROADWAY IMPROVEMENT
VENTS
> MT
2 5.10' LT11+12.63 PCC
BEG ISLAND10+08.03

0.5'R
SWK

6.5'
SWK

6.5'

0.5'R
No.

R
T
L
1 18°16'26"
2 161°39'04"
1 LAYOUT (SHEET 1 OF 2)

EX CITY R/W

EX SBCTA R/W

EX CITY R/W

EX SBCTA R/W
1'
(100' R/W)
(100' R/W)
69'
1 PROTECT IN PLACE
45 1315
10 11
20 23
3 SAWCUT EXISTING PAVEMENT
3 5
4 3
11 15
5 13
10 15
5 15 20
3 4
4 1
1 1
20 15

INSTALL RAISED LANE SEPARATOR SYSTEM PER MANUFACTURER'S DETAIL 20 1 REMOVE EXISTING AC PAVEMENT
345 REMOVE EXISTING SIDEWALK

REMOVE EXISTING CURB & GUTTER
10 11 REMOVE EXISTING TREE
23 4
15 11
5 4
1 4
1 1
3 10
10 25
1 4
4 10
3 10
1 5
25 6
6 6
25 49

REMOVE EXISTING RAILROAD SIGNAL
20 5
5 HEADWALLCHANNEL

EXIST CITY R/W

POLESIGNAL
1 MH
MH
N0°25'00"W
3 10+72.03 EC
3 44°41'59"
REMOVAL NOTES:

SOUTH

TIPPECANOE
AVENUE
> DRWY, W=12'STA 9+66.77

BEG ISLAND
9+77.47

END ISLAND
9+87.94
SEE ELEC PLANSSTA 10+60
> DRWY, W=12'
STA 10+45.25
JOIN EXISTEND C&G, SWK & PVMTSTA 11+40.00, 36.00' RT

SOUTH TIPPECANOE AVENUE
SEE SHEET CR42102 FOR PB SEE ELEC PLANS STA 10+30

PROP EASEMENT

1.00' RT10+75.00 PCC

9.00' LT11+12.00 EC
> DRWY, W=12'
STA 9+55.29

VICTORIA AVENUE PROP TCE

PROP TCE

FOR DET (TYP)SEE FENCING PLANS
4 20
1 REMOVE EXISTING CURB
1 1
15 8 REMOVE EXISTING POLE/BOLLARD
8 2
1 2
2 ADJUST TO GRADE, ITEM PER PLAN
43 INSTALL STREET LIGHT PER CITY OF SAN BERNARDINO STD PLAN SL-1 (LED) 43 43
25 18
8 8
18 REMOVE EXISTING RAIL EQUIPMENT PER SIGNAL PLANS

PROP SBCTA R/W

PLANS FOR DETSEE STATION PLATFORM
4 PB
35'
(50'R/W ) (50'R/W ) 13
4 5
7 6
6 745

31.79' 63.54' 31.73' 63.42' 36.78' 73.49' 34.92' 69.78' 4°50'50"4°54'14"5°40'29"
5°19'1"
9 8
89 4°40'26" 32.08' 64.12'5°11'44" 32.03' 64.02'
2'
1'
CONSTRUCT DRIVEWAY FOR MAINTENANCE ACCESS PER SCRRA ENGINEERING STD ES4011 CONSTRUCT 8" HIGH TYPE A CURB PER CITY OF SAN BERNARDINO STD PLAN NO. 200 17 17 REMOVE EXISTING BILLBOARD/SIGN
2 BEG C&G, SWK JOIN EXISTSTA 9+42.00, 44.00' LT
(TYP)SEE TRACK PLANSACCESS ROAD
BEG C&G, SWK JOIN EXISTSTA 9+56.11, 36.00' RT
1'
15 20
4 3
3 SOUTH

TIPPECANOE
AVENUE
1 C&G
SWK
1 SWK
1 6.5'
C&G
1 LINE/CURVE DATA
SEE ELEC PLANSSTA 9+00
43 43
13 3
10 1
1 5
1 5
3 3
3 3
DRWYEX
5'
4 4
1 CURB
20 5
20 5
15 4
15 4
BEG MED CURB JOIN EXISTSTA 8+90.00, 2.00' RT
BEG MED CURB JOIN EXISTSTA 8+90.00, 6.43' LT
PLANSSEE ELEC STA 8+80
1 DRWYEX
14 JOIN EXISTEND C&G, SWK & PVMTSTA 9+42.13, 44.00' LT
1063.02 TC2.00' RT ECSTA 9+18.00
SIGN
1 3
11 3
12 15
3 13

FOR DET (TYP)SEE STRUCTURAL PLANS
JOIN EXISTEND C&G, SWK & PVMTSTA 9+32.83, 36.00' RT
PAD = 1060.9'14'X10'
DET (TYP)SEE SIGNAL PLANS FOR CR42101 AND CR42103ELEV PER SHEETS PROP PB (TYP) LPL
1 28.5'
8 BILLBOARD

REMOVE EXISTING DRIVEWAY
95% COMPACTED NATIVE MATERIAL CONSTRUCT STAMPED CONCRETE MEDIAN PAVEMENT, 4" PCC OVER 4" SAND FILL OVER PLAN NO. 200CONSTRUCT 8" HIGH TYPE B CURB AND GUTTER PER CITY OF SAN BERNARDINO STD WIDTH PER PLANCONSTRUCT 4" PCC SIDEWALK PER CITY OF SAN BERNARDINO STD PLAN NO. 202, WIDTH PER PLANCONSTRUCT COMMERCIAL DRIVEWAY PER CITY OF SAN BERNARDINO STD PLAN NO. 204,

MODIFIED
> DRWY, W=32'
STA 12+70.00
DOT 027226P, CPUC 101 SG-60.91
44 2 TOTAL
17 S. TIPPECANOE AVE - MP 60.91 (4.18)

PROP TCE
L-11-23211

PER REC DOC

SBCFCD ROE
30'
BFP
1 2
WM 2
PB
2 PB
WM
1 DETAIL ASEE SHT CR42301
25 26
26 17 CONSTRUCT 6" HIGH TYPE C CURB AND GUTTER PER CITY OF SAN BERNARDINO STD PLAN NO. 200

R/WEX SBCTA
17 4
1 TREE
2 PB
JOIN EXISTEND PVMTSTA 11+40.00, 41.00' LT

HEADWALLCHANNEL

PLANS (TYP)SEE DRAINAGE

PROP SBCTA R/W
MP 60.91 (4.18)STA > MT = 269+42.43STA > TIPPECANOE AVENUE = 9+98.00 ELEV = 1061.1'PROP PB LID

PROP TCE
5'

5.50'
1062.94 TC8.00' LT BCSTA 9+18.00
5'

REMOVE/RELOCATE EXISTING POWER POLE, SEE UTILITY DISPOSITION PLANS

GATE BEHIND SIDEWALKRELOCATE EXISTING
111-5, CASE A, TYPE 1CONSTRUCT CURB RAMP AND DETECTABLE WARNING SURFACE PER SPPWC STD PLAN NO. 49 INSTALL SIGNAL HOUSE44 INSTALL NON-REMOVABLE BOLLARDS PER SHEET CR00006 CONCRETE OVERLAYCOLD MILL 0.12' EXISTING PAVEMENT AND CONSTRUCT 0.12' ASPHALT PER SHEET CR00006CONSTRUCT FULL AC PAVEMENT SECTION, DEPTHS OF AC AND AB

SBCFCD R/W

2.8'

7.5'
16 10

SBCFCD R/W
No.

R
T
L
10 11.14' 22.27'

15.71'

25.41' 50.80'
6°22'44"4°07'22"

LINE/CURVE DATA
11 1315
16 1214
180°00'00"
--- 120.00' 2.00' 750.00' 751.00'
741.00' 742.00' 752.00' 786.00' 706.00'
300.74'

12.38' 19.30' 38.27'

5.64'
572.03'
786.00' 200.00'

5.00'
706.00'

22.21' 44.40'
BEG PVMT JOIN EXISTSTA 8+80.00, 4.78' LT
JOIN EXISTBEG C&G, SWK & PVMTSTA 8+60.00, 44.00' LT
JOIN EXISTBEG SWK (1063.38 BW) STA 8+88.25, 43.00' RT
JOIN EXISTBEG C&G, SWK, PVMTSTA 8+90.50, 36.00' RT
JOIN EXISTBEG SWK (1062.12 BW) STA 8+59.09, 51.50' LT
/BEARING /BEARING
3°14'12"
N82°10'14" - 30.99'N89°52'45"N89°52'45"
-- 12.47' 42.70'
- 25 REMOVE EXISTING PCC PAVEMENT
392 OF 2425
   
 Packet Pg. 940
REV. DATE APP. 5-18-2018 BY SUB.

DESIGNED BYDRAWN BYCHECKED BYAPPROVED BYDATE
CONTRACT NO.

REVISION SHEET NO.

DRAWING NO.

SCALE
1/15/2019 11:58:07 AM
p:\pwworking\sac\d0756163\SANBAG-ICS-HALF.tbl
C:\Program Files (x86)\Com m on Files\InterPlot\IPLOT\bin\iplotdrvm .plt \\OMAP-INPICS01\ICSforPDF\3042\990937_64\26495-06-CR46101.DGN OMAP-INPICS02$

ESSI AL
ER E

NE IG N

ER G SI

D RET E
T TA E
S

OF CALIFORNIA
Exp. 12/31/19
GN SO
HENG
SNIAJ J. KUO
J. BROWN
0 02-06-19 CONFORMED TJ SG
R R
R R
M
OLSW
HCSOL
XING
STOP
STOP
STOP
Asph.

Asph.

Conc.

W
W
W
T
290 291 292 293
290 291 292 293 290 291 292 293
8 9 10 11 12
N
22' 22
3 '
'

RICHARDSON
STREET
CONSTRUCTION NOTES:

REMOVAL NOTES:

RICHARDSON
STREET
20 0 20 40
SCALE: 1"=20'
>
2'
5'
5'
1"=20'
CR46101

ROADWAY IMPROVEMENT
> MT-1
> MT-2

0.5'R
3'
1 1.5' RT11+13.50 BC
(33' R/W) (25' R/W)
STA > RICHARDSON STREET = 9+95.33STA > MT-1 = 291+52.79 MHTEL
SWK
5'
No.

CURVE DATA
T
L
1 1.50 180°00'00" - 4.71
LAYOUT

EX CITY R/W

EX SBCTA R/W

EX CITY R/W

EX SBCTA R/W
48'-9"
49'
6'

3.5'
SWK

6.5'
49 12
11 4
3 15 20
12 15
1 10
15 3
13 15
5 20
4 3
1 PROTECT IN PLACE
3 SAWCUT EXISTING PAVEMENT45
10 11 INSTALL RAISED LANE SEPARATOR SYSTEM PER MANUFACTURER'S DETAIL 121315
20 1 REMOVE EXISTING AC PAVEMENT
4 REMOVE EXISTING CURB & GUTTER5 REMOVE EXISTING SIDEWALK 6 10
4 4 5 10
6 1
1 1
4 5
4 10
2 25
2 ADJUST TO GRADE, ITEM PER PLAN
25 8
49 INSTALL SIGNAL HOUSE
8 REMOVE EXISTING RAILROAD SIGNAL
15 15
3 1 5

HEADWALLCHANNEL
4 N0°30'18"W

1.5' LT11+13.50 EC
STA > RICHARDSON STREET = 9+80.00STA > MT-2 = 291+52.87MP 61.33 (4.60) (25' R/W) (25' R/W)
DRWYEX

HEADWALLCHANNEL

SEE ELEC PLANS
STA 10+25
> DRWY, W=12'
STA 10+50
JOIN EXISTEND C&G, SWK & PVMTSTA 11+35.00, 22.00' RT
SEE ELEC PLANSSTA 9+35
N89°47'25"E
N89°47'25"E
PP
1'
1 43
43 1
1 5
43 2
2 8

PLANS FOR DETSEE FENCING
2 WV
AV

PROP EASEMENT

PROP TCE

REMOVE EXISTING POLE/BOLLARD

BLOWOFF
(132.50' R/W)
JOIN EXISTBEG C&G, PVMTSTA 9+40.00, 22.00' LT
END SEPARATOR9+67.66
JOIN EXISTBEG C&G, SWK & PVMT STA 9+40.00, 22' RT
(107.50'R/W)
INSTALL STREET LIGHT PER CITY OF SAN BERNARDINO STD PLAN SL-1 (LED) 18 18
26 REMOVE EXISTING AC CURB
26 JOIN EXISTEND C&G, PVMTSTA 11+00.00, 22.00' LT
RICHARDSON STREET - MP 61.33 (4.60)
SEE SIGNAL PLANS FOR DET (TYP)ELEV PER SHEET CR46102PROP PB (TYP) PAD = 1378.5'10'X8'
BEG MED10+05.33
END MED11+15.00
JOIN EXISTEND PVMTSTA 11+35.00, 3.5' LT

SEE UTLITY PLANS FOR DISPOSITIONAIR VAC

PROP SD SEE DRAINAGE PLANS

REMOVE EXISTING DRIVEWAYREMOVE EXISTING RAIL EQUIPMENT PER SIGNAL PLANS DOT 027227W, CPUC 101 SG-61.33
2 GUY
BEG SEPARATOR8+65.00

SEE FENCING PLANS

EXIST BOX CULVERT

LIMITS OF

PLANSSEE FENCING

SEE FENCING PLANS

PLANSSEE FENCING
INSTALL RAISED LANE SEPARATOR SYSTEM MALE END UNIT PER MANUFACTURER'S DETAILCONSTRUCT 8" HIGH TYPE A CURB PER CITY OF SAN BERNARDINO STD PLAN NO. 200CONSTRUCT 8" HIGH TYPE B CURB AND GUTTER PER CITY OF SAN BERNARDINO STD PLAN NO. 200CONSTRUCT 4" PCC SIDEWALK PER CITY OF SAN BERNARDINO STD PLAN NO. 202, WIDTH PER PLANCONSTRUCT DRIVEWAY FOR MAINTENANCE ACCESS PER SCRRA ENGINEERING STD ES4011SHEET CR00006CONSTRUCT FULL AC PAVEMENT SECTION, DEPTHS OF AC AND AB PER FILL OVER 95% COMPACTED NATIVE MATERIAL CONSTRUCT STAMPED CONCRETE MEDIAN PAVEMENT, 4" PCC OVER 4" SAND

R/WEX SBCTA

REMOVE/RELOCATE EXISTING POWER POLE PER DISPOSITION UTILITY PLANS COLD MILL 2" EXISTING PAVEMENT AND CONSTRUCT 2" ASPHALT CONCRETE OVERLAY No.

REG ISTERED PROFESSIONAL ENG INEER

STATE OF CALIFORNIA CIVIL

CHRISTOPLIS

CHARLES
045570

SEE FENCING PLANS
6 25
> DRWY, W=12'
STA 9+54.00
20 20
   
 Packet Pg. 941
REV. DATE APP. 5-18-2018 BY SUB.

DESIGNED BYDRAWN BYCHECKED BYAPPROVED BYDATE
CONTRACT NO.

REVISION SHEET NO.

DRAWING NO.

SCALE
8/23/2018 12:00:51PM
p:\pwworking\sac\d0756163\SANBAG-ICS-HALF.tbl
C:\Program Files (x86)\Com m on Files\InterPlot\IPLOT\bin\iplotdrvm .plt \\OMAP-INPICS01\ICSforPDF\2515\883953_106\26495-06-CR51101.DGN OMAP-INPICS02$

ESSI AL
ER E

NE IG N

ER G SI

D RET E
T TA E
S

OF CALIFORNIA
Exp. 12/31/19
GN SO
HENG
SNIAJ J. KUO
J. BROWN
M
M
R R
R R
M
Asph.

Asph.

Conc.
319
320
321 322
318
319
320
321 322
318
319
320
321 322
7 8 9 10 11 12
N
20 0 20 40
SCALE: 1"=20'

MOUNTAIN
VIEW
AVENUE
STA > MOUNTAIN VIEW AVE = 9+77.31
1"=20'
CR51101

ROADWAY IMPROVEMENT
CONSTRUCTION NOTES:
> MT-1
(93' R/W)
(41' R/W) (52' R/W)
CONSTRUCTION REMOVAL NOTES:
9'
LAYOUT
(93' R/W)
(41' R/W) (52' R/W)
14'X10'
> MT-2

EX CITY R/W

EX SBCTA R/W

EX CITY R/W
100'
100'
STA > MT-2 = 320+33.64
STA > MOUNTAIN VIEW AVE = 9+97.40MP 61.87 (5.14)STA > MT-1 = 320+31.37 MOUNTAIN VIEW AVENUE - MP 61.87 (5.14)

RAILROAD ANTENNA
DOT 027228D, CPUC 101 SG-61.87

BY OTHERSCONSTRUCTED BRIDGE TO BE

PLANS (TYP)SEE FENCING

R/WSBCTA PROP

IDVA PROJECT - BY OTHERSMOUNTAIN VIEW AVENUE

IDVA PROJECT - BY OTHERSMOUNTAIN VIEW AVENUE
W = 12'> DWYSTA 10+90.00
FOR DETAILSIGNAL PLANS CR51102 SEE ELEV PER SHEET PROP PB (TYP)

PROP EASEMENT

15.4' FENCE
POLE
BEG C&G, SWK42.00' LTSTA 9+69.91

33.97' LTSTA 9+80.52
1107.64 TCEND C&G, SWK33.97' LTSTA 9+92.96

34.9'

MEDIAN - BY OTHERS
1 REMOVE EXISTING AC PAVEMENT
49 49 INSTALL SIGNAL HOUSE
3 4
3 4 3
4 3
4 SAWCUT EXISTING PAVEMENT
4 COLD MILL 0.12' EXISTING PAVEMENT AND CONSTRUCT 0.12' ASPHALT CONCRETE OVERLAY3 1 1
25 25 CONSTRUCT DRIVEWAY FOR MAINTENANCE ACCESS PER SCRRA ENGINEERING STD ES4011 1 PROTECT IN PLACE
1 1
16 CONSTRUCT 8" HIGH TYPE A2-8 CURB AND GUTTER PER SPPWC STD PLAN NO. 120-2 16 21
21 21
21 21
18 REMOVE EXISTING RAIL EQUIPMENT PER SIGNAL PLANS
1 18
1 1 08-28-18 ADDENDUM 1 EA CC
SHEET CR00006CONSTRUCT 4" PCC SIDEWALK PER SPPWC STD PLAN NO. 112-2 AND 113-2, AND PER DETAIL A 1 1
No.

REG ISTERED PROFESSIONAL ENG INEER

STATE OF CALIFORNIA CIVIL

CHRISTOPLIS

CHARLES
045570
406 OF 2425
   
 Packet Pg. 942
Department of Public Works
600 N. Arrowhead Ave.

San Bernardino, CA 92401
(909) 384-5140
(909) 384-5190 FAX
www.sbcity.org
SCRRA San Gabriel
Subdivision Quiet Zone
Exhibit B
– Preliminary Quiet Zone Risk Index
Calculations
San Gabriel (formerly Redlands) Subdivision
Southern California Regional Rail Authority
Notice of Intent to Create New Quiet Zone
Packet Pg. 943
Draft Quiet Zone Risk Index Calculation QZ Name: RPRP Draft Quiet Zone Report FRA
Crossing #
CPUC Crossing
#
MP Street PRE
SSM
SSM Risk Index Risk Index
(with closure
redistribution)
Proposed Improvements ASM/MSSM
Effectiveness
Rate
Risk Index with
improvements
027210T 101 SG-57.68
(002U-1.00)

57.68 (1.0)
S E Street 132,517.22 135,223.96 Add/modify 330' and 50' medians, Queue Cutter traffic signal preemption, driveways at approx. 50' and 55'. No risk reduction due to low spots on median, less than 6" 135,223.96
027211A 101 SG-57.82
(002U-1.10)

57.82 (1.1)
D Street 2 44,912.80 0.00 Close Crossing, remove pavement extend curb across street to create cul-de-sacs on both approaches. Risk redistributed to adjacent crossings.

0.00 027212G 101 SG-57.94
(002U-1.20)

57.94 (1.2)
Arrowhead Avenue 59,799.50 60,409.34 Add 100' medians, pedestrian treatments, close Hilda St., upstream driveway w/in 20' 0.8 12,081.87 027213N 101 SG-58.21
(002U-1.50)

58.21 (1.5)
S Sierra Hwy 53,906.23 53,906.23 Add/modify 100' medians, 3 quad gates, reconfigure intersection and tie ins to Julia and Dorothy Streets, close yard driveway. MSSM Reduction for exit gates with 100' medians on north side and 100' median modification on south side.

0.86 7,546.87
027215C 101 SG-58.70
(002U-2.00)

58.70 (2.0)
Mill Street 72,650.39 72,650.39 100' medians, upstream driveways within 25' and 40' of warning devices, remove/close downstream driveway within 10'.

0.8 14,530.08
027218X 101 SG-59.11
(002U-2.40)

59.11 (2.4)
Central Avenue 98,663.26 98,663.26 70' medians, downstream driveways at 70', upstream driveway at 10'. 0.8 19,732.65 027296E 101 SG-59.57
(002U-2.85)

59.57 (2.85)
Orange Show Road 13 72,284.53 72,284.53 Modify existing 100'+ raised medians 14,456.91 027220Y 101 SG-59.76
(002U-3.00)

59.76 (3.0)
S Waterman Avenue 72,060.57 72,060.57 Modify/extend medians, add non traversible river rock within median area, 3 quad gates, Dumas Street w/in 60' in southwest quadrant. MSSM Reduction for exit gates with 100' medians on south side and 100' median with non-traversible river rock modification on north side.

0.86 10,088.48
027226P 101 SG-60.91
(002U-4.20)

60.91 (4.2)
Tippecanoe Street 13 67,849.94 67,849.94 Add/extend raised medians to min. 100 13,569.99 027227W 101 SG-61.33
(002U-4.60)

61.33 (4.6)
Richardson Street 13 65,228.97 65,228.97 Add/extend raised medians to min. 100 13,045.79 027228D 101 SG-61.87
(002U-5.20)

61.87 (5.2)
Mountain View 178,907.52 178,907.52 Add 70' median north of crossing, 60' median on south side and bridge and roadway modifications and widening
178,907.52
Risk Index with Horns (RIWH) 50,075.27
LEGEND: Quiet Zone Risk Index (QZRI) 38,107.65 PASS
Risk Index from FRA Quiet Zone Calculator
Proposed ASM/MSSM Effectiveness Rate
SSM 2 - Permanent Closure (1.0 effectiveness rate)
SSM 13 - Medians (0.8 effectiveness rate)
SSM 10 - 4 Quad Gates (0.77 effectiveness rate)
SSM 11 - 4 Quad Gates with Medians (0.92 effectiveness rate) DRAFT
Packet Pg. 944
EXHIBIT D-1
Maintenance Agreement
for At-Grade Crossings within MP 53.95 to 61.87 of
the San Gabriel Subdivision
SCRRA Form 6 - Right of Entry Agreement &
SCRRA Insurance Requirements
Packet Pg. 945
Exhibit D-1
Please refer to the current SCRRA Form 6 – Right of Entry Agreement & SCRRA Insurance Requirements posted on Metrolink’s website using the following links:

SCRRA Form 6 - Right of Entry Agreement
https://metrolinktrains.com/globalassets/about/engineering/scrra-form-no-6-september-2-2021.pdf Packet Pg. 946
EXHIBIT D-2
Maintenance Agreement
for At-Grade Crossings within MP 53.95 to 61.87 of
the San Gabriel Subdivision
SCRRA Form 37 - Rules and Requirements for
Construction on Railway Property
Packet Pg. 947
Exhibit D-2
Please refer to the current SCRRA Form 37 – Rules and Requirements for Construction on Railway Property posted on Metrolink’s website using the following links:

SCRRA Form 37 - Rules and Requirements for Construction on Railway Property https://metrolinktrains.com/globalassets/about/engineering/scrra_form_no_37.pdf Packet Pg. 948
EXHIBIT D-3
Maintenance Agreement
for At-Grade Crossings within MP 53.95 to 61.87 of
the San Gabriel Subdivision
SCRRA General Safety Regulations for Third Party
Construction and Utility Workers on SCRRA Property
Packet Pg. 949
Exhibit D-3
Please refer to the current SCRRA General Safety Regulations for Third Party Construction and Utility Workers on SCRRA Property posted on Metrolink’s website using the following links:

SCRRA General Safety Regulations for Third Party Construction and Utility Workers on SCRRA Property https://metrolinktrains.com/about/agency/right-of-way/
Packet Pg. 950
EXHIBIT D-4
Maintenance Agreement
for At-Grade Crossings within MP 53.95 to 61.87 of
the San Gabriel Subdivision
SCRRA Highway - Rail Grade Crossing Manual
Packet Pg. 951
Exhibit D-4
Please refer to the current SCRRA Highway - Rail Grade Crossing Manual posted on Metrolink’s website using the following links:

SCRRA Highway - Rail Grade Crossing Manual
https://metrolinktrains.com/globalassets/about/engineering/scrra_grade_crossing_manual.pdf Packet Pg. 952
EXHIBIT D-5
Maintenance Agreement
for At-Grade Crossings within MP 53.95 to 61.87 of
the San Gabriel Subdivision
SCRRA Design Criteria Manual – Section 25 Quiet
Zone Implementation
Packet Pg. 953
Exhibit D-5
Please refer to the current SCRRA Quiet Zone implementation guidelines and procedures included in the SCRRA Design Criteria Manual posted on Metrolink’s website using the following links:

SCRRA Design Criteria Manual – Section 25 Quiet Zone Implementation https://metrolinktrains.com/globalassets/about/engineering/scrra_design_criteria_manual.pdf Packet Pg. 954
SBCTA Contract No. 17-1001666 - 1 1
AMENDMENT NO. 1 TO
AGREEMENT NO. 17-1001666

BY AND BETWEEN

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND

THE CITY OF SAN BERNARDINO
AND

OMNITRANS
FOR

FOR THE OPERATION AND MAINTENANCE OF THE SAN BERNARIDNO

TRANSIT CENTER
This Amendment No. 1 to AGREEMENT 17-1001666 regarding the San Bernardino Transit Center (“SBTC”) (“Amendment No. 1”) is hereby made, entered into and effective on the date the last Party signs it, by and between the SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (“SBCTA”), the CITY OF SAN BERNARDINO (“CITY”), and OMNITRANS (“OMNITRANS”), all of which are collectively referred to as the “Parties,” and individually as “Party.”.

WHEREAS, SBCTA, OMNITRANS and CITY are parties to the San Bernardino Transit Center (SBTC) Operations and Maintenance Agreement, SBCTA Contract No 17-1001666, dated March 21, 2018 (“AGREEMENT”), which defines the Parties’ roles and responsibilities for the maintenance and security for the SBTC; and
WHEREAS, the CITY and SBCTA previously entered into a Memorandum of Understanding, SBCTA Contract No. 15-1001182, dated September 16, 2015, which sets forth the parties responsibilities for planning, design, construction, operation and maintenance of the Redlands Passenger Rail Project (“PROJECT”), also known as “Arrow”; and WHEREAS, the PROJECT includes modification of the existing rail platforms and construction of an additional Shared Use Parking Lot for the SBTC to accommodate the new Arrow passenger rail service; and
WHEREAS, the Parties desire to amend the AGREEMENT to further define the roles and responsibilities of the Parties for the maintenance and security of the SBTC.

NOW, THEREFORE, the Parties hereby mutually agree as follows:

Packet Pg. 955
SBCTA Contract No. 17-1001666 - 1 2

1. Section 1.01, subsection i, is DELETED in its entirety and REPLACED as follows:
i. “Shared Use Parking Lot” shall refer to the surface parking lots located at the SBTC that will serve the Commuter Rail Station and Omnitrans Bus Facility. The Shared Use Parking Lots are shown as Area “C” and Area “E” on Exhibit “A,” Property.

2. Add subsection k to Section 1.01 to read as follows:
k. “Arrow” shall refer to the commuter rail service operated by Southern California Regional Rail Authority (“SCRRA” or “Metrolink”), referred to as the Redlands Passenger Rail Project.

3. Add subsection l to Section 1.01 to read as follows:
l. “SCRRA Equipment” shall mean all equipment and property owned or maintained by SCRRA, including but not limited to SCRRA ticket vending machines, changeable message signs, and other SCRRA signage.

4. Section 3.01, subsection c, is DELETED in its entirety and REPLACED as follows:
c. SBCTA and CITY shall hold title as tenants in common to the Shared Use Parking Lots shown as AREA “C” and Area “E” on Exhibit “A”, property.

5. Section 5.01, subsection b, is DELETED in its entirety and REPLACED as follows:
b. CITY shall be 100% responsible for all costs required to operate and maintain the Commuter Rail Station platform areas, including but not limited to, the costs of property insurance not otherwise insured by SBCTA pursuant to Section 5.01.e, maintenance of the Standard Platforms, signage, security, perimeter landscaping, and lighting. CITY shall add OMNITRANS and SBCTA as an Additional Insured to all property insurance secured for said property.

6. Add subsection e to Section 5.01 to read as follows:
e. SBCTA shall obtain property insurance for the Standard Platforms and canopies thereon, the cost of which shall be shared equally between SBCTA and CITY. For example, if the insurance premium attributed to insuring the Standard Platforms at the Commuter Rail Station is determined to be $1,000 one year, then CITY shall reimburse SBCTA $500 for that year’s cost of real property insurance for the Standard Platforms.

7. Add subsection f to Section 5.01 to read as follows:
f. OMNITRANS’ maintenance duties for the Commuter Rail Station exclude the maintenance of the SCRRA Equipment. OMNITRANS’ maintenance duties for the Commuter Rail Station include cleaning and needed repair and replacement of all Packet Pg. 956
SBCTA Contract No. 17-1001666 - 1 3
equipment and areas, other than the SCRRA Equipment, within the Commuter Rail Station platform areas shown in Exhibit B.1, including but not limited to platforms, landscaping, lighting, wayfinding signage, surveillance cameras, and software licensing for surveillance cameras.

8. Add subsection g to Section 5.01 to read as follows:
g. OMNITRANS will make its best-faith effort to project upcoming expenses for maintenance costs, including repairs or replacements of assets, and to notify all Parties of such expected costs in advance of their annual budgeting cycles.

9. Section 6.02 is DELETED in its entirety and REPLACED as follows:

6.02 Parking. OMNITRANS shall have twenty-four (24) marked parking stalls at the Shared Use Parking Lot for the exclusive use of OMNITRANS’ employees or representatives.

The location of the marked parking stalls is show as “OMNITRANS Bus facility” on Exhibit “D”, SBTC Share Use Parking Lot Layout Plan. OMNITRANS employees, representatives, and customers may use other available public parking stalls in the lot in addition to the marked stalls.

10. Add subsection a to Section 7.01 to read as follows:
a. OMNITRANS’ maintenance duties for the Crew House Building exclude the maintenance of furnishings, signage, computers, or other equipment owned or maintained by SCRRA. OMNITRANS’ maintenance duties for the Commuter Rail Station include cleaning and needed repair and replacement of interiors and exteriors of the Crew House Building structure, shown as Area “A” in Exhibit “A.1”, including surveillance cameras and software licenses for surveillance cameras.

11. Add subsection b to Section 7.01 to read as follows:
b. OMNITRANS will make its best-faith effort to project upcoming expenses for maintenance costs, including repairs or replacements of assets, and to notify all Parties of such expected costs in advance of their annual budgeting cycles.

12. Section 8.02 is DELETED in its entirety and REPLACED as follows:

8.02 Crew House Building and Omnitrans Bus Facility Reserved Parking. SBCTA shall have forty (40) reserved parking stalls at the Shared Use Parking Lot for the exclusive use of SBCTA employees or representatives. OMNITRANS shall have twenty-four (24) reserved parking stalls at the Shared Use Parking Lot for the exclusive use of OMNITRANS employees Packet Pg. 957
SBCTA Contract No. 17-1001666 - 1 4
or representatives. The location of the reserved parking stalls is show on Exhibit “D”, SBTC Share Use Parking Lot Layout Plan.

13. Add subsection d to Section 8.05 to read as follows:
d. OMNITRANS’ maintenance duties for the Shared Use Parking Lot include cleaning and needed repair and replacement of assets within the Shared Use Parking Lot, Area “C” in Exhibit “A.1”, including but not limited to parking lot, signage, pavement markings, landscaping, fencing, gates, surveillance cameras, and software licenses for surveillance cameras.

14. Add subsection e to Section 8.05 to read as follows:
e. OMNITRANS will make its best-faith effort to project upcoming expenses for maintenance costs, including repairs or replacements of assets, and to notify all Parties of such expected costs in advance of their annual budgeting cycles.

15. Section 8.07 is DELETED in its entirety and REPLACED as follows:

8.07 Pro-Rata Share. Parties shall be responsible for paying a pro-rata share for all the costs to provide maintenance and security of the Shared Use Parking Lot. The pro-rata share for maintenance and security of the Shared Use Parking Lot shall be as follows:
a. SBCTA: Pro-rata share for Shared Use Parking Lot shall be 14% (based on the 40 reserved parking spaces for the Crew House Building).
b. CITY: Pro-rata share for Shared Use Parking Lot shall be 78% (based on 229 parking spaces).
c. OMNITRANS: Pro-rata share for Shared Use Parking Lot shall be 8% (based on the City requirement of 24 parking spaces for the Omnitrans Bus Facility).

A summary of the pro-rata share for the maintenance and security of the SBTC is shown in Exhibit “G”, Maintenance and Security Pro-Rata Share Summary.

16. The reference in Section 9.01, subsection c, to Exhibit “E”, Maintenance and Security ProRate Share Summary is corrected to read as Exhibit “G”, Maintenance and Security ProRata Share Summary.

17. The address for the CITY in Section 14.01 is DELETED in its entirety and REPLACED as follows:

CITY OF SAN BERNARDINO
City Manager
290 North “D” Street
San Bernardino, CA 92401

18. Add Section 15.09 to read as follows:

Packet Pg. 958
SBCTA Contract No. 17-1001666 - 1 5

15.09 SCRRA Permitting. This AGREEMENT is not in lieu of SCRRA’s Permitting and Right-of-Entry process. The Parties and their respective consultants and contractors are required at all times to follow all SCRRA Temporary Right-of-Entry Agreement (“Form 6”) and Rules and Requirements for Construction on Railway Property (“Form 37”) requirements for any persons, work or equipment upon the railroad right-of-way and other applicable guidelines and directives. Applicants must submit SCRRA’s Form 6 prior to entering or beginning work on railroad right-of-way before SCRRA support services will be scheduled or provided including: Employee-In-Charge (EIC), Flagging, SCRRA cable and signal marking, and SCRRA Safety. SCRRA Form 6 and Form 37 may be found upon the Metrolink website.

19. Exhibit “A” is DELETED in its entirety and REPLACED with the attached Exhibit “A.1” Property Description, which is hereby incorporated into this Amendment No. 1, to include the Shared Use Parking Lot constructed as part of the RPRP.

20. Exhibit “B.1,” attached hereto and incorporated into Amendment No. 1 by this reference, is APPENDED to Exhibit “B” in the AGREEMENT, to include the station platforms constructed as part of the RPRP.

21. Exhibit “D” is DELETED in its entirety and REPLACED with the attached Exhibit “D.1,” Shared Use Parking Lot, which is hereby incorporated into this Amendment No. 1, to include the Shared Use Parking Lot constructed as part of the RPRP.

22. Exhibit “G” is DELETED in its entirety and REPLACED with the attached Exhibit “G.1” Maintenance and Security Pro-Rata Share Summary, which is hereby incorporated into this Amendment No. 1, to incorporate the new Shared Use Parking Lot. ------------------------------SIGNATURES ON THE FOLLOWING PAGE-------------------------- Packet Pg. 959
SBCTA Contract No. 17-1001666 - 1 6
IN WITNESS THEREOF, the Parties hereto have caused this Amendment No. 1 to be executed by their respective officials, thereunto duly authorized.

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY
By: ___________________________
Art Bishop
Board President

Date: __________________________

CITY OF SAN BERNARDINO
By: ___________________________
Robert D. Field
City Manager
Date: ___________________________

APPROVED AS TO FORM
By: ________________________
Julianna K. Tillquist
General Counsel
Date: ___________________________

APPROVED AS TO FORM
By: ________________________
Best Best & Krieger LLP
City Attorney
Date: ___________________________

OMNITRANS
By: ___________________________
Erin Rogers
CEO/General Manager

Date: __________________________

APPROVED AS TO FORM
By: ________________________
Steven DeBaun
Best, Best & Krieger, LLP
Date: ___________________________
Packet Pg. 960
Exhibit “A.1”
Property Description
Packet Pg. 961
REV. DATE APP.

BY
SUB.

DRAWN BY

CHECKED BY

APPROVED BY
DATE
CONTRACT NO.

REVISION SHEET NO.

DRAWING NO.

SCALE
SUBMITTED: APPROVED:

PROJECT MANAGER
ONE COMPANY Many Solutions
HDR Engineering, Inc.

SAN BERNARDINO ASSOCIATED GOVERNMENTS
Riverside, Ca 92501-2110
Suite 100
2280 Market Street
6/3/2021 11:45:24 AMpw:\\pwappsac01:California_Sacram ento\Docum ents\351439\CAD_STD\SCRRA_HYBRID\PenTable\PlotStam p.tblc:\pwworking\sac\d0990737\SANBAG-11x17bw_pdf.pltcfgpw:\\pwappsac01:California_Sacram ento\Docum ents\351426\CON0052776\000000000135119\13.00_CAD\13.02_Contract_Files\RFM_03-Issued_for_Construction Files_2-10-14\Sheet_Files\03_Civil_Sheet_Files\135119-C-4500.dgn USER = TJACQUES

DOWNTOWN SAN BERNARDINO

PASSENGER RAIL PROJECT
OF
USER = TJACQUES
Signature
Renewal Date
Date

LICENSED LANDSCAPE ARCHITEC
G
T
ARY LAILIC#LA4054

STATE OF CALIFORN IA
December 31, 2013
IFB 14001
8-9-13

DRAWINGS

CONFORMED
MB
RR
RR
RR RR
RR
RR

M M M M
TSPO
TSPO
H
asph
asph
asph
asph
asph
asph
asph
ONLY

EMPLOYEE
SCRRA
ONLY

EMPLOYEE
SCRRA

NO PARKING NO PARKING NO PARKING NO PARKING

NO PARKNIG NO PARKNIG NO PARKNIG
N
R. KLOVSKY
1"=50'
S
O
U
T
H "G" S
T
R
E
E
T
LK-200

0 1"=50'
50 50 100

LANDSCAPE & IRRIGATION KEY PLAN

LANDSCAPE & IRRIGATION KEY PLAN
A. COTTINI

SAN BERNARDINO TRANSIT CENTER PARKING LOT
"E" S
T
R
E
E
T
LI-211
LP-211
LI-213
LP-213
LI-212
LP-212
LI-214
LP-214
1"=50'
P-01
I-201
H. LAI
G. LAI
AREA B:

OMNITRANS
Bus Facility AREA A:

Commuter Rail Station
(Operating Property Areas)
AREA A:

Commuter Rail Station
(Non-Operating
Property-Platform Areas)
AREA A:

Commuter Rail Station
(Non-Operating
Property-Crew House
Building)
AREA C:

Shared Use
Parking Lot

SAN BERNARDINO TRANSIT CENTER
Exhibit A.1-Property Description

Page 1 of 3 ends

Detention Basin located south of the Inland
Empire 66ers Stadium
Inland Empire 66ers Stadium Packet Pg. 962
302 1167
CONFORMED DRAWINGS Inland Empire 66ers Parking Lot F Street SAN BERNARDINO TRANSIT CENTER Exhibit A.1-Property Description Page 2 of 3 San Bernardino Transit Center located North of the Inland Empire 66ers Stadium AREA D:SBTC Detention Basin
   
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REV. DATE APP. 5-18-2018 BY SUB.

DESIGNED BYDRAWN BYCHECKED BYAPPROVED BYDATE
CONTRACT NO.

REVISION SHEET NO.

DRAWING NO.

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REDLANDS PASSENGER RAIL PROJECT
R. KLOVSKY
San Bernardino County Transportation Authority
2280 Market Street, Suite 100Riverside, CA 92501-2110(951) 320-7300HDR 17-1001705
E. AUBRY
No.

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APPLY 8' TYPE IV (R) ARROW PER CALTRANS STD PLAN A24AAPPLY 10' TYPE I ARROW PER CALTRANS STD PLAN A24A 542 OF 2442 SAN BERNARDINO TRANSIT CENTER Exhibit A.1-Property Description Page 3 of 3 AREA E: Shared Use Parking Lot
   
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Exhibit “B.1”
Standard Commuter Rail Platform - DMU
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Exhibit “D.1”
Shared Use Parking Lot Layout Plan
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AGREEMENT NO. 17- 1001666

SAN BERNARDINO TRANSIT CENTER (SBTC)

OPERATIONS AND MAINTENANCE AGREEMENT

BY AND AMONG

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
1170 W Third Street, 2" d Floor
San Bernardino, CA 92410

CITY OF SAN BERNARDINO
300 North "D" Street, 6`h Floor
San Bernardino, CA 92418
AND

OMNITRANS
1700 West Fifth Street
San Bernardino, CA 92411
SBCTA Contract No. 17- 1001666
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SAN BERNARDINO TRANSIT CENTER (SBTC)

OPERATIONS AND MAINTENANCE AGREEMENT
THIS AGREEMENT (hereinafter the " Agreement") is hereby made, entered into and effective on the date the last Party signs it, by and between the SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (" SBCTA"), the CITY OF SAN BERNARDINO (" CITY"), and OMNITRANS (" OMNITRANS"), collectively referred to as the " Parties," with regard to the San Bernardino Transit Center located in the CITY.

WHEREAS, the Parties previously entered into a Cooperative Agreement, SBCTA Contract No. C12117, dated December 5, 2011, with regard to the planning, design, construction, operating and maintenance of the San Bernardino Transit Center(" SBTC"); and WHEREAS, the SBTC, when fully completed, will consist of an OMNITRANSowned and operated bus facility as contemplated in Section 2. 5 of Contract C12117 ( the Omnitrans Facility"); a separate commuter rail station which will contain a crew house building and platforms that will serve both the Downtown San Bernardino Passenger Rail Project and the Redlands Passenger Rail Project (" Commuter Rail Station'), to be owned and operated by SBCTA and/or other agencies; a shared use parking lot to be used for the Commuter Rail Station and Omnitrans Facility; and a detention basin needed for compliance with Municipal Separate Storm Sewer System (" MS4") permit to support the Omnitrans Bus Facility, Commuter Rail Station and shared use parking lot; and WHEREAS, the Parties desire to enter into this Agreement to further define the roles and responsibilities of the Parties for the maintenance and security of the SBTC; and WHEREAS, after this Agreement has been in effect for one year, the Parties will meet and evaluate the performance and costs of the maintenance and operations being performed under this Agreement, and will mutually agree upon any revisions needed to the Agreement; and
WHEREAS, this Agreement will be amended when the Arrow Rail passenger rail service starts operation, to include the responsibilities for maintenance and security of the Arrow Rail platforms at the SBTC for the Commuter Rail Station.

NOW, THEREFORE, the Parties hereby mutually agree as follows:

DEFINITIONS

1. 01 Definitions. As used in this Agreement, the following terms, phrases, words and their derivations, shall have the meanings set forth herein. Words used in the present tense include the future tense, words used in the singular shall include the plural, and plural words shall include the singular. Words not specifically defined shall be given their SBCTA Contract No. 17- 1001666
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common and ordinary meaning.
a. " Operating Property" shall refer to the real property owned by SBCTA that is used for railroad operations, including but not limited to railroad trackage right-of-way, rails, ties and ballast.
b. ' Non-Operating Property" shall refer to such real property and facilities, excluding Operating Property, on which the Commuter Rail Station is situated. NonOperating Property shall also include the Standard Platform and Crew House Building.
c. " Standard Platform" shall refer to that certain type of rail passenger platform, the size, dimensions, and materials of which are set forth in more particular detail in Exhibit "B", Standard Platform.
d. " Transit Center Site" shall refer to the real property purchased from the Santa Fe Railroad and/ or other persons upon which the subject San Bernardino Transit Center Site was built, as more particularly described in Exhibit "A", Property. e. " Commuter Rail Station" shall refer to the commuter rail passenger terminal and all Operating Property and Non-Operating Property associated therewith. The Commuter Rail Station is shown as Area "A" on Exhibit" A", Property. f. "SCRRA" shall refer to the Southern California Regional Rail Authority. g. " Crew House Building" shall refer to the Crew House Building located at the Commuter Rail Station.
h. " Omnitrans Bus Facility" shall refer to the OMNITRANS owned and operated building and adjacent land area used for bus operations, shown as AREA "B" on Exhibit "A", Property.
i. "Shared Use Parking Lot" shall refer to the surface parking lot located at the SBTC that will serve the Commuter Rail Station and Omnitrans Bus Facility. The Shared Use Parking Lot is shown as Area " C" on Exhibit "A", Property. j. "Detention Basin" shall refer to the basin constructed for the SBTC in order to comply with the Municipal Separate Storm Sewer System permit. The Detention Basin is shown as Area " D" on Exhibit" A", Property.

II.

PURPOSE OF COOPERATIVE AGREEMENT

2. 1 Maintenance and Security of the San Bernardino Transit Center. The purpose of this Agreement shall be to provide for the maintenance and security of the Omnitrans Bus Facility, Commuter Rail Station, Shared Use Parking Lot, and Detention Basin.

SBCTA Contract No. 17- 1001666
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III.

OWNERSHIP OF PROPERTY

3.01 San Bernardino Transit Center Vesting of Title. The Parties agree that title to the San Bernardino Transit Center shall be held as follows:
a. SBCTA shall hold title to the Commuter Rail Station, including the Crew House Building, shown as AREA "A" on Exhibit " A", Property.
b. OMNITRANS shall hold title to the Omnitrans Bus Facility shown as AREA `B" on Exhibit "A", Property.
c. SBCTA and CITY shall hold title as tenants in common to the shared use parking lot shown as AREA "C" on Exhibit "A", Property.
d. CITY shall hold title to the Detention Basin, shown as Area " D" on page 2 of Exhibit "A", Property.

3.02 Other Property Acquisitions. The CITY shall accept title to properties acquired for the completion of the Omnitrans Bus Facility and the Downtown San Bernardino Passenger Rail Project that would typically fall under the City' s jurisdiction including, but not limited to, roadway widening, sidewalk improvements and storm drain system, no later than thirty ( 30) days after SBCTA requests the CITY to accept such acquired right-of-way.

IV.

TERM OF AGREEMENT

4.01 Term. The term of this Agreement shall commence upon the date of execution of this Agreement by the Parties, and shall continue thereafter until terminated as provided for in Article XVII- Termination of Agreement.

COMMUTER RAIL STATION

5.01 Maintenance of Commuter Rail Station. Parties agree that OMNITRANS shall serve as the property manager and oversee the maintenance of the Commuter Rail Station platform areas. The Commuter Rail Station platform maintenance areas are shown as Area " A", Commuter Rail Station Non-Operating Property platform areas, on Exhibit SBCTA Contract No. 17- 1001666
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A" Property.
a. OMNITRANS shall arrange for and provide the maintenance of the Commuter Rail Station platform areas as set forth in Exhibit "C", Maintenance Schedule. b. CITY shall be 100% responsible for all costs required to operate and maintain the Commuter Rail Station platform areas, including, but not limited to, the costs of real property insurance, maintenance of the Standard Platforms, signage, security, perimeter landscaping, and lighting.
c. Commencing upon completion of the Commuter Rail Station, CITY shall provide monthly payments to OMNITRANS for the actual cost to provide maintenance of the Commuter Rail Station.
d. OMNITRANS shall be responsible for separately tracking the actual cost to provide maintenance of the Commuter Rail platform areas.

5.02 Commuter Rail Station Security. Parties agree that OMNITRANS shall arrange for and provide security to the Commuter Rail Station platform areas. a. CITY shall be 100% responsible for all costs to provide security to the Commuter Rail Station platform areas, including maintenance of the security surveillance System.
b. Commencing upon completion of the Commuter Rail Station, CITY shall provide monthly payments to OMNITRANS for the actual cost to provide security at the Commuter Rail Station.
c. OMNITRANS shall arrange for the provision of security for the Commuter Rail Station platform areas to ensure customer and vehicle safety during commuter periods. Security shall be provided from 15 minutes before the first scheduled train until 30 minutes after the last scheduled train.
d. The " Level of Security" and other standards to establish minimum security requirements shall be jointly developed by the Parties to this Agreement and shall be consistent with the " Level of Security" provided by OMNITRANS for the Omnitrans Bus Facility. Omnitrans station security responsibilities shall exclude any security inside the trains, inside the Crew House Building, or at the Detention Basin. OMNITRANS or its security contractor shall not be prevented from entering the trains, Crew House Building, or Detention Basin area if relevant to a security situation.
e. OMNITRANS shall be responsible for separately tracking the actual cost to provide security for the Commuter Rail Platform.

SBCTA Contract No. 17- 1001666
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VI.

OMNITRANS BUS FACILITY

6.01 Security and Maintenance of the Omnitrans Bus Facility. OMNITRANS shall arrange for and fund security and maintenance of the Omnitrans Bus Facility. The Omnitrans Facility area is shown as Area `B" on Exhibit "A", Property.

6.02 Parking. OMNITRANS shall have four ( 4) marked parking stalls at the Shared Use Parking Lot for the exclusive use of OMNITRANS' employees or representatives. The location of the marked parking stalls is shown as " OMNITRANS Bus Facility" on Exhibit " D", SBTC Shared Use Parking Lot Layout Plan. OMNITRANS employees, representatives, and customers may use other available public parking stalls in the lot in addition to the marked stalls.

6.03 Future Development of Omnitrans Bus Facility Site. The Parties agree that OMNITRANS shall be the lead agency responsible for undertaking, implementing, and constructing future Transit Oriented Development ( TOD) at the OMNITRANS Bus Facility Site.

VII.

CREW HOUSE BUILDING

7.01 Maintenance of the Crew House Building. OMNITRANS shall arrange for maintenance inside the Crew House Building. The Commuter Rail Station Crew House Building is shown as Area " A", Commuter Rail Station Crew House Building, on Exhibit "A", Property.

7.02 Crew House Building Use. Upon completion of the Crew House Building, the Parties agree that SBCTA shall have the exclusive right to occupy and/ or lease the Crew House Building. At SBCTA' s sole discretion, OMNITRANS shall be responsible for the administration of all leases for the Crew House Building. In consideration of any concerns brought to SBCTA' s attention by the other parties, SBCTA has the exclusive right to enter into, amend, or terminate all leases at the Crew House Building, institute actions for evictions and execute notices to vacate, and to initiate and prosecute judicial proceedings. OMNITRANS shall maintain the crew house building in accordance with SBCTA' s latest Crew House Building lease agreement. Any lease revenue shall first be applied to costs associated with the lease, then to costs for maintenance of the Crew House Building. Any remaining balance shall be reserved and applied towards the Parties' collective costs for major maintenance and rehabilitation projects of the Crew House Building, Shared Use Parking Lot and Detention Basin. OMNITRANS shall be responsible for tracking the actual costs to lease and maintain the Crew House Building.

SBCTA Contract No. 17- 1001666
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7.03 Security of the Crew House Building. OMNITRANS will not provide and is not responsible for providing security services inside the Crew House Building.

OMNITRANS and its security contractor shall not be prevented from entering the Crew House Building if relevant to a security situation.

VIII.

SHARED USE PARKING LOT

8.01 Reservation of Parking. CITY shall perform appropriate planning, zoning, and permit activities to ensure that parking at the Shared Use Parking Lot is reserved exclusively for patrons or visitors of the San Bernardino Transit Center during operating hours.

8.02 Crew House Building and Omnitrans Bus Facility Reserved Parking. SBCTA shall have forty (40) reserved parking stalls at the Shared Use Parking Lot for the exclusive use of SBCTA employees or representatives. OMNITRANS shall have four ( 4) reserved parking stalls at the Shared Use Parking Lot for the exclusive use of OMNITRANS employees or representatives. The location of the reserved parking stalls is shown on Exhibit "D", SBTC Shared Use Parking Lot Layout Plan.

8.03 Parking Fees. The CITY may, subject to the approval of the Parties, which approval shall not be unreasonably withheld, initially set and charge parking fees to provide funding for: 1) maintenance of the Commuter Rail Station platform areas, Shared Use Parking Lot and Detention Basin; and 2) security for commuter rail patrons during operating hours. All such fees collected by the CITY shall be applied toward the CITY' s pro-rata share for the security and maintenance costs associated with the San Bernardino Transit Center. Any remaining balance shall be reserved and applied towards the Parties' collective costs for major maintenance and rehabilitation projects of the Commuter Rail Station platform areas, Shared Use Parking Lot and Detention Basin.

8.04 Electric Vehicle Chargers. SBCTA shall own and be responsible for the initial installation and costs to operate and maintain electric vehicle chargers located at the Shared Use Parking Lot. Electric vehicle chargers shall be available to the public at al] times. SBCTA may set and charge fees for use of the electric vehicle chargers, which shall be applied toward the costs to operate and maintain the electric vehicle chargers, including electricity, network services and maintenance. SBCTA shall be responsible for holding a public hearing establishing or revising the fees per Government Code § 66018. Revenue collected from the chargers will be used to pay for electricity, network services and maintenance costs and adjusted annually as necessary so that the operations and maintenance of the chargers are cost neutral. SBCTA shall be responsible for receiving the net revenue generated from the electrical vehicle chargers SBCTA Contract No. 17- 1001666
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and applying it towards the network services and maintenance costs. Annually, a cost analysis of the electricity used will be completed utilizing actual usage data provided through the charging stations software network and the estimated electrical rate indicated in the cost analysis. Any fund balance available at year end will be used to pay the estimated cost of electricity to the appropriate parties based on the analysis mentioned above. If there are not sufficient funds to pay back the estimated electricity costs to the parties involved, then those costs will be incorporated into the following years fees and reimbursed the year after, once the fund balance is calculated again.

SBCTA shall be responsible for network services and maintenance costs not recovered from the electric vehicle charger fees, but these costs will be incorporated in the next years fee.

8.05 Maintenance of the Shared Use Parking Lot. OMNITRANS shall manage and oversee the maintenance of the Shared Use Parking Lot, excluding the electric vehicle charging stations. The Shared Use Parking Lot maintenance area is shown as Area " C" on Exhibit" A", Property.
a. OMNITRANS shall arrange for the maintenance of the Shared Use Parking Lot as set forth in Exhibit "C", Maintenance Schedule.
b. Commencing upon completion of the Shared Use Parking Lot, Parties shall provide monthly payments for the pro-rata share, as described Section 8. 07- Pro-Rata Share, to OMNITRANS for all services required to operate and maintain the Shared Use Parking Lot, excluding any costs for devices or expenses related to ticket vending machines or other items necessary for the Metrolink operations. c. OMNITRANS shall be responsible for separately tracking the actual cost to provide maintenance of the Shared Use Parking Lot.

8.06 Security of the Shared use Parking Lot. Parties agree that OMNITRANS shall arrange for and provide security of the Shared Use Parking Lot. a. Commencing upon completion of the Shared Use Parking Lot, Parties shall provide monthly payments for their pro-rata share to provide security, as described in Section 8. 07- Pro-Rata Share, to OMNITRANS.
b. OMNITRANS shall arrange for the provision of security for the Shared Use Parking Lot to ensure customer and vehicle safety during commuter periods.

Security shall be provided from 15 minutes before the first scheduled train until 30 minutes after the last scheduled train.
c. Omnitrans shall be responsible for operating the pedestrian access gate located adjacent to 168 South E Street ( Assessor's Parcel Number 0136- 111- 02- 0000).

Omnitrans shall unlock and open the gate when the Shared Use Parking Lot is SBCTA Contract No. 17- 1001666
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opened for business each day, and shall close and lock the gate when the Shared Use Parking Lot is closed at the end of each day. Omnitrans and its security contractor will close the gate without notice during security incidents in the interest of public safety.
d. The " Level of Security" and other standards to establish minimum security requirements shall be jointly developed by the Parties to this Agreement and shall be consistent with the " Level of Security" provided by OMNITRANS for the Omnitrans Bus Facility.
e. OMNITRANS shall be responsible for separately tracking the actual cost to provide security for the Shared Use Parking Lot.

8.07 Pro- Rata Share. Parties shall be responsible for paying a pro-rata share for all the costs to provide maintenance and security of the Shared Use Parking Lot. The pro-rata share for maintenance and security of the Shared Use Parking Lot shall be as follows:
a. SBCTA: Pro-rata share for Shared Use Parking Lot shall be 22% ( based on the 40 reserved parking spaces for the Crew House Building).
b. CITY: Pro- rata share for Shared Use Parking Lot shall be 65% ( based on 119 parking spaces).
c. OMNITRANS: Pro-rata share for Shared Use Parking Lot shall be 13% ( based on the City requirement of 24 parking spaces for the Omnitrans bus facility).

A summary of the pro-rata share for the maintenance and security of the SBTC is shown in Exhibit "E", Maintenance and Security Pro-Rata Share Summary.

IX.

DETENTION BASIN

9.01 Detention Basin Maintenance: Parties agree that CITY shall arrange for and provide maintenance of the Detention Basin area. The Detention Basin area is shown as Area D" on Exhibit" A", Property.
a. The CITY shall provide periodic and continuous maintenance, as set forth in Exhibit " F", Detention Basin Maintenance Schedule and Plans, including, but not necessarily limited to, vegetation control and sediment removal, to assure proper performance and as required in order to comply with the San Bernardino Municipal Separate Storm Sewer System (MS4) Permit. The City shall be responsible for any fines or penalties related to noncompliance with the MS4 Permit resulting from lack of maintenance.
b. Parties recognize that the Detention Basin also serves tributary areas located on adjacent private property parcels that were reconfigured in order to facilitate the SBCTA Contract No. 17- 1001666
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delivery of the San Bernardino Transit Center project.
c. Commencing upon completion of the Commuter Rail Station and Shared Use Parking Lot, Parties shall provide monthly payments to the CITY for their pro-rata shares to provide maintenance for the Detention Basin. The pro-rata shares for providing maintenance of the Detention Basin shall be as follows:

I. SBCTA: Pro- rata share shall be 10%.

II. CITY: Pro-rata share shall be 28%.
111. OMNITRANS: Pro-rata share shall be 62%.

A summary of the pro-rata share for the maintenance and security of the SBTC is shown in Exhibit " E", Maintenance and Security Pro-Rata Share Summary. d. CITY shall be responsible for tracking the actual cost to provide maintenance for the Detention Basin area.

9.02 Detention Basin Security: Parties agree that there is no need to provide security services for the Detention Basin area. OMNITRANS and its security contractor shall not be prevented from entering the Detention Basin area if relevant to a security situation.

ADVANCEMENT OF MAINTENANCE AND SECURITY FUNDS

10. 1 To the extent a Party advances payments of cost for which another Party is responsible, the responsible Party for which an advancement was made shall reimburse the Party that advanced such payment.

XI.

FISCAL YEAR

11.01 Fiscal Year. The fiscal year of this Agreement shall begin on the first day of July each year.

XII.

INVOICES AND ACCOUNTING

12.01 Accountine. Each Party shall render to the other Parties a complete accounting of the affairs undertaken or conducted by such Party pursuant to this Agreement, as of the SBCTA Contract No. 17- 1001666
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close of business on the last day of June each year. Such accountings shall be rendered to each Party to this Agreement within thirty ( 30) days after the close of each such year. Each Party shall make its accounting books and records available to the other Parties at any time during the term of this Agreement upon reasonable prior written notice. Except as to manifest errors brought to the attention of the other Parties to this Agreement within thirty ( 30) days after it is rendered, each such accounting shall be final and conclusive as to each Party to this Agreement.

12. 02 Submission of Invoices. Parties hereby agree and covenant to submit a monthly, itemized statement to respective Parties on or before the 15th calendar day of each month that indicates revenue, all costs, fees, and other charges incurred related to the SBTC Maintenance and Security responsibilities pursuant to this Agreement. The statement shall describe the amount of services and supplies provided since the initial commencement date, or since the first calendar day of the most recent billing period, as appropriate, through the date of the current statement. The invoice shall specify the pro rata share owed by each Party.

12.03 Approval and Payment of Invoice. Parties hereby agree and covenant to pay all invoices as received, if any should be submitted on or before the 15th calendar day of each month, in compliance with Section 12. 02- Submission of Invoices. Parties shall remit payment during the second full week of the following month to the designated payee. Parties shall not unreasonably withhold payment and shall promptly pay all undisputed amounts. Should Parties dispute any portion of an invoice, Parties must deliver written notice within ten ( 10) working days after receipt of the invoice. The written notice must reasonably describe the dollar amount withheld and the reason or reasons therefor. Any such dispute shall be resolved pursuant to Section 16- Default and Remedies. No Party shall be entitled to dispute the amount of any invoice previously approved for which it has already issued payment. Failure of Parties to deliver timely written notice of a disputed payment shall be deemed approval of any such payment.

12.04 Invoice Estimate. Parties hereby agree to jointly develop a cost estimate for the monthly maintenance and security costs for the SBTC. Each Party will notify the other Parties immediately in writing upon developing a realistic cost estimate, and will notify the Parties immediately, in writing, upon any change or anticipated change in the estimated cost.

XIII.

DISTRIBUTION OF PROPERTY

13.01 Distribution of Property to SBCTA. Upon termination of this Agreement, title to all property owned by SBCTA and CITY as tenants in common shall be promptly transferred to SBCTA free and clear.

13.02 Distribution to Parties. Except as provided in Section 13. 01- Distribution of Property to SBCTA all proceeds that may accrue to the Parties under this Agreement shall be SBCTA Contract No. 17- 1001666
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distributed to the Parties in direct proportion to their monetary participation.

XIV.

NOTICES

14.01 Notices to Parties. Any and all notices, including invoices, or communications required or permitted by this Agreement or by law to be delivered to, served on, or given to a Party or Parties by another Party shall be in writing and shall be deemed properly delivered, served, or given to the Party/ies so directed, to or in lieu of each such personal service, when deposited in the United States mail, first-class postage prepaid, and addressed to:

SBCTA CITY OF SAN BERNARDINO
Executive Director City Manager
1170 W. Third Street, 2" d
Floor 300 North " D" Street
San Bernardino, CA 92401 San Bernardino, CA 92418

OMNITRANS
CEO/General Manager
1700 W. Fifth Street
San Bernardino, CA 92411
A Party may change its mailing address for the purposes of this paragraph by giving written notice of such change to the other Parties.

XV.

MISCELLANEOUS

15.01 Consents and Agreements. Any and all consents and agreements provided for or permitted by this Agreement shall be in writing, and a signed copy thereof shall be filed and maintained by each Party in its official records together with this Agreement.

Whenever consent or approval of any Party is required, that Party shall not unreasonably withhold or delay such consent or approval.

15.02 Sole and Only Agreement. This Agreement contains the sole and only agreement of the Parties and correctly sets forth the rights, duties, and obligations of each Party to the other as of this date. Any prior agreements, policies, negotiations, and/ or representations are expressly set forth in this Agreement.

15.03 Amendments. This Agreement may be amended or modified in any manner by an instrument in writing, stating the amendment or modification, signed by the Parties hereto.

15.04 Severability. If any one or more provisions contained in this Agreement shall be held SBCTA Contract No. 17- 1001666
12 Packet Pg. 995
invalid or illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.

15.05 Headings and Subtitles. Headings and subtitles of this instrument have been used for convenience only and do not constitute matter to be considered in interpreting this Agreement.

15.06 Indemnity. Each party hereto covenants and agrees to release, indemnify, defend, and hold harmless the other party hereto, its affiliates and their respective owners, members, commissioners, officers, directors, employees, agents, consultants, contractors, partners, affiliated entities, subsidiaries, permittees, licensees, successors and assigns, to the maximum extent permitted by law, from and against all liability, loss, claims, suits, damages ( including consequential damages), costs, judgments and expenses ( including, without limitation, any fines, penalties, judgments, litigation expenses, and experts' and attorneys' fees), that arise, directly or indirectly, from, asserted against or incurred by reason of, resulting in any manner from, or relating in any manner to: ( a) the acts or omissions of such party, its employees, contractors or agents relating to this Agreement and the performance of the duties set forth herein; ( b) any claims by third parties arising from or relating to or in connection with the breach or alleged breach of any of the provisions hereof by the respective parties; ( c) acts or omissions of any firm employed by the respective parties to perform any portion of the duties or obligations contained herein; ( d) completed operations liability or other personal injury claims which may be asserted arising from respective services. Each party shall obtain and maintain during the time this Agreement is in effect adequate insurance or self-insurance to cover its liability, defense and indemnification obligations, including but not limited to Commercial General Liability, Automobile Liability, Worker' s Compensation and Property Insurance, in order to protect itself and the other parties.

15. 07 Law of the Jurisdiction and Venue. In the event of any litigation arising out of the terms of this Agreement, the law of the State of California shall apply, and the venue of any such action shall be the Superior Court of the State of California for the County of San Bernardino, San Bernardino District.

15.08 Dispute Resolution. In the event any dispute arises between the Parties under or in connection with this Agreement, the dispute shall be resolved by the CEO/General Manager of OMNITRANS, the Executive Director of SBCTA, and the Mayor of the CITY, or their duly authorized representatives, within thirty ( 30) calendar days after receipt of written notice of said dispute. Said notice shall include a detailed statement of the grounds of the dispute and reasons why the dispute should be resolved in the disputing Party' s favor. If the Parties fail to resolve the dispute in a manner acceptable to the disputing Party, then such dispute shall be decided by the court as set forth in Section 15. 07. Pending resolution of the dispute, Parties shall proceed with the performance of this Agreement to the extent practicable.

SBCTA Contract No. 17- 1001666
13 Packet Pg. 996
XVI.

DEFAULT AND REMEDIES

16. 01 Event of Default. Each of the following shall constitute an " Event of Default":
a. A failure by any Party to make, or cause to be made, any payment due and payable by said Party to another non-defaulting Party on or before the date that any such payment or deposit is due following the expiration of any applicable grace period set forth in the applicable document;
b. Failure by any Party to perform or observe any of its obligations set forth in this Agreement.

16.02 Opportunity to Cure. Except as provided below, no Event of Default under Section

16. 01- Event of Default shall constitute a " Default" until all of the following has occurred and the Event of Default remains uncorrected:
a. The non-defaulting Party has given written notice to the defaulting Party of such Event of Default, specifying the particular facts and circumstances that constitute an Event of Default. However, failure to provide notice of Event of Default in accordance with Section 14. 01 Notices to Parties shall not be deemed to waive any Party' s rights under this Agreement or applicable law, and may be cured by subsequently providing notice in the required manner;
b. The defaulting Party has had thirty ( 30) days after receipt of such written notice to correct the Event of Default. If the defaulting Party cannot correct the Event of Default within thirty ( 30) days, and the non-defaulting Party, in its reasonable judgment, consents, the defaulting Party may initiate and diligently pursue necessary corrective measures approved by the non-defaulting Party. However, any Event of Default must be remedied within one hundred eighty ( 180) days after its initial occurrence. Should the defaulting Party fail to initiate and diligently pursue the approved corrective action, then the Event of Default shall constitute a Default; and
c. If the defaulting Party fails to take and complete action necessary to cure any Event of Default, the non-defaulting Party may initiate any corrective action it deems appropriate.

16.03 Remedies. Whenever any Event of Default becomes a Default pursuant to Section

16.02-Opportunity to Cure, any or all of the following remedial procedures shall be available to the non-defaulting Party:

SBCTA Contract No. 17- 1001666
14 Packet Pg. 997
a. The non-defaulting Party may take whatever action at law or in equity that may appear necessary or desirable to collect the payments required to be made by the defaulting Party then due and thereafter to become due; and b. The non-defaulting Party may take whatever action at law or in equity may appear necessary or desirable to compel the defaulting Party to perform as required by this Agreement.

16.04 No Remedy Exclusive. No remedy herein conferred upon or reserved to any Party is intended to be exclusive of any other available remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy available under this Agreement, at law or in equity. No delay or omission to exercise any right or power accruing upon any Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time-to-time and as often as may be deemed expedient.

16.05 Attorneys' Fees. In addition to any other remedies provided hereunder or available pursuant to law, if any Party brings an action or proceeding to enforce, protect or establish any right or remedy hereunder, the prevailing Party shall be entitled to recover from the other Party or Parties, as applicable, its costs of suit and reasonable attorneys' fees. The costs, salary and expenses of the City Attorney and members of his office in enforcing the Agreement on behalf of the City or of the Agency shall be considered as " attorneys' fees" for the purposes of this Section.

XVII.

TERMINATION OF AGREEMENT

17.01 Acts Constitutine Termination. This Agreement shall commence on the date of its execution and shall continue until:
a. The sale or transfer of title to any third party who is not a Party to this Agreement; except, however, nothing contained herein shall prevent any transfer of the interests of SBCTA to the SCRRA, the CITY or OMNITRANS;
b. Voluntary or involuntary transfer or assignment by any Party hereto, without the consent of the other Parties, of any of the rights, titles or obligations set forth in this Agreement and, after provision of written notice per Section 16. 02 the defaulting Party does not cure the transfer or assignment as provided in Section 16.02, Opportunity to Cure.
c. Mutual agreement of the Parties hereto to terminate this Agreement; d. Any Default or breach of this Agreement by either Party hereto, which has not been cured in accordance with Section 16.02, Opportunity to Cure.

17.02 Distribution on Termination. Upon termination of this Agreement, all affairs SBCTA Contract No. 17- 1001666
15 Packet Pg. 998
0 0
undertaken or conducted pursuant to this Agreement shall be wound up, the assets liquidated, the debts paid and the proceeds divided among the Parties to this Agreement as provided in Article 13- Distribution of Property_ Upon successful termination of this Agreement by any Party/ies, all duties, obligations and responsibilities of the Parties, or any successors to their interests in this Agreement, shall be assumed in the manner as may be provided by mutual agreement or as may be ordered by a court.

SIGNATURES ON THE FOLLOWING PAGE-------------------------- SBCTA Contract No. 17- 1001666
16 Packet Pg. 999
0 XVIII.

ACCEPTANCE

18.01 Acceptance of Aereement. The Parties have approved this Agreement by official actions of their respective governing bodies, and accept and agree to the terms set forth therein as of the date set forth above.

SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO

TRANSPORTATION ITY
r
By: By: wwl /JA
aymond W. Wolfe Andrea M. Miller
Executive Director City Manager
Date:

Date:

APP OVED AS TO FORM APPROVED AS TO FORM
By: By:
thanna K. Tillquist r . Saenz
Assistant General Counsel City A or
Date: 3l/ 1Y Date: 3I 1` f In

OMNITRANS
By:

P. Scott Graham
CEO/General Manager
Date: 8

APPROVE S RM
By:

Haviva hand
Omnitrans General Counsel
Date: 21/6 IlfSBCTA Contract No. 17- 1001666
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EXHIBIT" A"

PROPERTY DESCRIPTION
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STANDARD COMMUTER RAIL PLATFORM
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EXHIBIT" C"

MAINTENANCE SCHEDULE
SBCTA Contract No. 17- 1001666
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Exhibit" C"
Maintenance Schedule

ITEM FREQUENCY
Landscape/ Irrigation Twice Monthly
Trash Pickup and Cleanup Daily
Platform Washing Weekly
Graffiti Removal As Needed
Plumbing/Electrical Annually or As Needed
Vandalism Repairs As Needed
Storm Drain System ( includes inlets As Needed
Electric Vehicle Chargers As Needed
SBCTA Contract No. 17- 1001666
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EXHIBIT" D"

SHARED USE PARKING LOT

LAYOUT PLAN
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DETENTION BASIN MAINTENANCE SCHEDULE AND PLANS
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Exhibit IF
Detention Basin Maintenance Schedule
August 2013 Downtown San Bernardino Passenger Rail Project SANBAG
BMP 7
0& M Description
BMP Start
O& M Frequency
Responsible
Date Party
Detention/ Infiltration 1. Inspect and maintain basin Upon 1. Inspect every City of San Basin side slopes and invert for construction year and Bernardino erosion. If erosion occurs, re- completion maintained as grade side slopes in necessary.
accordance with original basin 2. Once every year
design. at beginning and

2. Remove accumulated trash end of wet season.
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3. Remove accumulated year and maintain
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bottom when accumulated 4. Inspect every
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tractor, to avoid compaction
of subsurface.

Page 54 ends

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MAINTENANCE AND SECURITY

PRO- RATA SHARE SUMMARY
Location SBCfA City Onm itrans
Commuter Rail Station- Platforms Area:

Maintenance 0% 100% 0%
Commuter Rail Station- Platforms Area.

G5ecufity C% 100% 0%
aCommuter Rail Station Crew House Building:

Maintenance 100% 0% 0%
Commuter Rail Station- Crew Nouse Building:
c rl ( Nat provided Inside the building) 100% 0% 0%
Omnitrans Bus Facility:
m Maintenance 0% 0% 100%
a` Omnitrans Bus Facility:

Security 0% 0% 100%
Shared Use Parking Lot:
u
Maintenance 22% 65% 13%
gu ..._Shared Use Parking lot:

Security 22% 65% 13%
Detention Basin:
e
Maintenance 10% 28% 62%
m
Detention Basin:

Securt ( Not required) NA NA NA
17-1001666 SBTC Station Agreement ExhlbitG Maintenance and Securlty Pro- Rata Share Summary. xlsx 12/ 4/ 20179:17 AM Packet Pg. 1030

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

1. Authorize the City Manager to execute a Goods and Services Agreement with McCain, Inc., for traffic signal controllers and related components; and

2. Adopt resolution No. 2022-242 authorizing the Agency Director of Administrative Services to amend the FY 2022/23 General Fund Operating Budget in the amount of $200,000; and

3. Authorize the Agency Director of Administrative Services to issue a purchase order to McCain, Inc. for the purchase of traffic signal controllers in the amount not to exceed $200,000.

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, it is also responsible for ensuring the City’s traffic intersections are properly maintained, inspected, upgraded, and repaired as needed. General maintenance, repair, and inspection of traffic intersections is largely performed by in-house staff that are part of the traffic signal and lighting work sections of the O&M Division with assistance from various contractors and vendors.

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Discussion
The City of San Bernardino has nearly 275 signalized traffic intersections comprised of traffic signal equipment and electronics. Each signalized traffic intersection is composed of various components and software that keeps traffic flowing safely and efficiently. A critical part of signalized traffic intersections is the traffic signal controller which is housed inside the traffic intersection cabinet. Controllers are instrumental to effective traffic management control operations. Controllers can handle all vehicle, pedestrian and overlap movements and essentially control traffic signals at signalized intersections. The City of San Bernardino is upgrading its controllers to the 2070E W/Bi-Tran 2033 Program Traffic Signal Controller (see Attachment 5) which meets all Caltrans Transportation Electrical Equipment Specifications (TEES). This controller will replace the 170E version which is becoming obsolete.

The Operations and Maintenance Division of Public Works worked with the Finance Department in June of 2022, and a formal bid process was initiated to solicit quotes for traffic signal controllers and related components in Request for Quotes (RFQ) No. F22-74. Notices were posted on the City’s website. The results of the bid opening yielded two proposals which were reviewed by Procurement for compliance with mandatory requirements. This RFQ was based on the lowest bid received. The results are as follows:

BIDDER CITY QTY COST
McCain, Inc. Vista, CA 50 $182,374
Alta Zero Emissions
Solutions, Inc. Las Vegas, NV 50 $272,100
McCain, Inc. provided the lowest bid and is a reputable vendor of traffic signal controllers. Staff is confident that they are qualified to provide the traffic signal controllers required under this goods service agreement. Additionally, McCain, Inc., has previously provided components to the City and is a vendor in good standing. The term of the proposed agreement shall be from November 16, 2022, to June 30, 2023. 2021-2025 Strategic Targets and Goals
This project is consistent with several City goals and targets. It aligns 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 also aligns with Key Target 3c: Constantly evaluate public safety service delivery models to enhance the quality of service.

Fiscal Impact
The General Fund impact $200,000. The funding for these traffic controllers is not available in the FY 2022/23 operating budget. Therefore, a budget amendment is requested for an amount not to exceed $200,000. The appropriation will come from existing fund balance within the general fund.

The increased cost for materials and components requiring replacement due to Packet Pg. 1032
collisions and vandalism, along with record inflation, necessitates the budget amendment request. The attached Goods Purchase Agreement, Exhibit C, allows for an additional appropriation amount of $117,626, in addition to the total quoted cost of $182,374, authorizing the City to purchase additional traffic signal controllers, if needed, for a total agreement amount of $200,000.

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

1. Authorize the City Manager to execute a Goods Services Agreement with McCain, Inc., for traffic signal controllers and related components; and

2. Adopt resolution No. 2022-242 authorizing the Agency Director of Administrative Services to amend the FY 2022/23 General Fund Operating Budget in the amount of $200,000; and

3. Authorize the Agency Director of Administrative Services to issue a purchase order to McCain, Inc. for the purchase of traffic signal controllers in the amount not to exceed $200,000.

Attachments
Attachment 1 Reso No. 2022-242 Budget Amendment
Attachment 2 Goods Services Agreement
Attachment 3 Bid Documents-RFQ No. F-22-74
Attachment 4 Bid Results (Summary)
Attachment 5 2070E W/Bi-Tran 2033 Program Controller
Ward:

All Wards
Synopsis of Previous Council Actions:

None.

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Resolution No. 2022-242
Resolution 2022-242
November 16, 2022

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RESOLUTION NO. 2022-242

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE

CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING

THE AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES
TO AMEND THE FISCAL YEAR 2022/23 GENERAL FUND

OPERATING BUDGET IN THE AMOUNT NOT TO EXCEED
$200,000 FOR THE PURCHASE OF TRAFFIC SIGNAL

CONTROLLERS
WHEREAS, the City of San Bernardino values keeping City signalized traffic signals operating efficiently; and
WHEREAS, the City is supportive of all efforts to modernize and upgrade City infrastructure; and
WHEREAS, the City recognizes that keeping our signalized traffic intersections operating smoothly will encourage economic investment and promote safer communities.

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

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

SECTION 2. Mayor and City Council hereby authorize the Agency Director of Administrative Services to amend the FY 2022/23 General Fund Operating Budget in the amount not to exceed $200,000 for the purchase of traffic signal controllers.

SECTION 3. The Mayor and City Council find 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 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

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

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Resolution No. 2022-242
Resolution 2022-242
November 16, 2022

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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 16th 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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Resolution No. 2022-242
Resolution 2022-242
November 16, 2022

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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. 2022-240, adopted at a regular meeting held on the 16th 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 17th day of November 2022.

Genoveva Rocha, CMC, City Clerk
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ATTACHMENT 2

CITY OF SAN BERNARDINO

GOODS PURCHASE AGREEMENT
This Goods Purchase Agreement (“Agreement”) is entered into this 16th day of November, 2022, by and between the City of San Bernardino, a charter city and municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”), and McCain, Inc., a corporation with its principal place of business at 2365 Oak Ridge Way, Vista, California, 92081 (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

Section 1. DEFINITIONS.

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

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

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

Section 3. INSPECTIONS AND TESTS.

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

Section 4. WARRANTY.

A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by City as required for final payment under Section 7. Supplier Packet Pg. 1037
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B. further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards.

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

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

1. Repair the defective Goods;

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

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

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

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

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

Section 5. PRICES.

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

Section 6. CHANGES.

City, at any time, by a written order, and without notice to any surety, may make changes in Packet Pg. 1038
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the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be authorized by a change order document signed by City and accepted by Supplier.

Section 7. PAYMENTS.

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

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

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

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

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

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

2. Written acceptance of the Goods by City;

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

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

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

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

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

Section 8. SCHEDULE FOR DELIVERY.

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

Section 9. TAXES.

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

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

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

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

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

Section 10. INDEPENDENT CONTRACTOR.

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

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

Section 11. SUBCONTRACTS.

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

Section 12. TITLE AND RISK OF LOSS.

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

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

Section 13. INDEMNIFICATION.

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

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

Supplier shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any Packet Pg. 1041
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and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

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

Section 14. INSURANCE.

A. General. Supplier shall take out and maintain:

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

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

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

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

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

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

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

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

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

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D. Evidence of Insurance. Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

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

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

Section 15. LIENS.

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

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

Section 16. TERMINATION OF AGREEMENT BY CITY.

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

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

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

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

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

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

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

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

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

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

Section 18. MISCELLANEOUS PROVISIONS.

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

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CITY:

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

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

Dave Weir
2365 Oak Ridge Way
Vista, CA 92081
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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

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

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

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

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

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

H. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

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

J. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party.

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

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

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

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

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

BETWEEN THE CITY OF SAN BERNARDINO
AND McCAIN, Inc.

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

CITY OF SAN BERNARDINO
APPROVED BY:

Robert D. Field
City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
McCAIN INC.

Signature
Name
Title
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Exhibit “A”

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

Traffic Signal Controller Technical Specifications
The City of San Bernardino is soliciting bids for the purchase of Traffic Signal Controllers as specified in our Unit Price Sheet. Other specifications include the following:

General Specifications:
• Dimensions: 19 “ W x 7” H x 12” D (rounded to the nearest inch) • Form Factor: EIA rack mount compatible
• Power:
o 95 VAC to 135 VAC, 60 Hz (± 3 Hz)
o +5 VDC 10.0A
o +12 VDC Serial 0.5A
o -12 VDC Serial 0.5A
o +12 VDC ISO 1.0A
• Environment: Operating Temperature: -37° C to +74° C ; Humidity: 0 to 95% (non-condensing) • Weight: ± 12 lbs (based on final module selection)
Fully compliant with 2009 Caltrans Transportation Electrical Equipment Specifications (TEES) Interchangeable with standard 170 controllers
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Exhibit “B”

PROPOSED SCHEUDULE FOR DELIVERY
Upon receipt of an order from the City, the vendor has 120 days to deliver controllers. However, as a result of national shortages and supply chain issues, exceptions to this timeline will be authorized as deemed necessary with advance notification of potential delays.

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Exhibit “C”

VENDOR QUOTE FORM
VENDOR NAME: McCain Inc.

ADDRESS: 2365 Oak Ridge Way, Vista, CA 92081
PHONE: 760-212-0724
The undersigned, hereby declare that they have carefully examined the location of the proposed work, familiarized themselves with the local conditions affecting the cost of the work, and have read and examined the terms and conditions for the following Project:

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

Item No. Description Quantity
(annual)
Cost Per
Unit Total Cost
1 2070E W/Bi-Tran 2033 Program 50 $3,647.48 $182,374.00 TOTAL VENDOR QUOTE $182,374.00
Total Number of Additional Pages:

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

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

Contractor’s License Number and Classification:

DIR Registration Number (if applicable): ____________________________ Please Note: The City may opt to purchase additional controllers in an amount not to exceed $200,000 for FY22/23 using the quoted cost per unit stated above.

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REQUEST FOR VENDOR QUOTES
FOR

CITY OF SAN BERNARDINO
FOR
RFQ F-22-74

TRAFFIC SIGNAL CONTROLLER

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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REQUEST FOR VENDOR PRICE QUOTES
RFQ F-22-74

TRAFFIC SIGNAL CONTROLLER
PUBLIC NOTICE IS HEREBY GIVEN that vendor price quotes (“Quotes”) will be received by the City of San Bernardino (“City”) electronically through the City’s online bid management provider (“PlanetBids”), until 3:00pm, Friday, June 24, 2022. Quotes may NOT be submitted by fax, email, telephone, mail, hand delivery, or other means; any Quotes received through any means other than PlanetBids will be returned to the Vendor unopened.

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

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

For more information regarding the RFQ, please contact:

City of San Bernardino
Vanessa Slouka
Finance Department
Buyer
[email protected]
(909)384-5346
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I. REQUEST FOR QUOTES
The City is requesting Quotes from qualified vendors1 (“Vendors”) for Traffic Signal Controllers (“Project/Equipment”). To serve and promote the welfare of its residents, the City intends to procure the Project/Equipment, as described below.

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

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

C. Requests for Clarification
All questions, requests for interpretations or clarifications, either administrative or technical must be submitted electronically via Planetbids. To ensure a response, questions must be received no later than June 13, 2022 by 3:00 pm local time.

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

E. Site Examination
Vendors may visit the City and its physical facilities to determine the local conditions which may in any way affect the performance of the work; shall familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and codes affecting the performance of the Project/Equipment; make such investigations, as it may deem necessary for performance of the Project/Equipment at its Quote within the terms of the Agreement; and correlate its observations, investigations, and determinations with the requirements of the Agreement
F. Submittal Requirements of Vendor Price Quote
The Quote must be received no later than 3:00 pm local time, on or before June 24, 2022 through PlanetBids. It is solely the responsibility of Vendor to see that its Quote is properly submitted to PlanetBids in proper form and prior to the stated closing time. PlanetBids will not accept late Quotes. The City will only consider Quotes that have transmitted successfully and have been issued a confirmation number with a time stamp from PlanetBids indicating that the Quote was submitted successfully.

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

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

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

H. General Conditions

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

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

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

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

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

6. Availability to Perform Work: Vendor must be available to begin Project/Equipment within 10 working days of the contract being awarded and must complete all Project/Equipment within 30 working days.

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

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

General Specifications:
• Dimensions: 19 “ W x 7” H x 12” D (rounded to the nearest inch) • Form Factor: EIA rack mount compatible
• Power:
o 95 VAC to 135 VAC, 60 Hz (± 3 Hz)
o +5 VDC 10.0A
o +12 VDC Serial 0.5A
o -12 VDC Serial 0.5A
o +12 VDC ISO 1.0A
• Environment: Operating Temperature: -37° C to +74° C ; Humidity: 0 to 95% (non-condensing) • Weight: ± 12 lbs (based on final module selection)
Fully compliant with 2009 Caltrans Transportation Electrical Equipment Specifications (TEES) Interchangeable with standard 170 controllers
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ATTACHMENT “B”

CITY OF SAN BERNARDINO

GOODS PURCHASE AGREEMENT
This Goods Purchase Agreement (“Agreement”) is entered into this [***INSERT DAY***] day of [***INSERT MONTH***], 2022, by and between the City of San Bernardino, a charter city and municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”), and [***INSERT NAME***], a [***INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

Section 1. DEFINITIONS.

Section 3. INSPECTIONS AND TESTS.

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

Section 4. WARRANTY.

A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period Packet Pg. 1056
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as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by City as required for final payment under Section 7. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards.

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

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

1. Repair the defective Goods;

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

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

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

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

Section 5. PRICES.

Section 6. CHANGES.

City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications. If such changes affect Packet Pg. 1057
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the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be authorized by a change order document signed by City and accepted by Supplier.

Section 7. PAYMENTS.

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

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

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

2. Written acceptance of the Goods by City;

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

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

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

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

Section 8. SCHEDULE FOR DELIVERY.

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

Section 9. TAXES.

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

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

Section 10. INDEPENDENT CONTRACTOR.

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

Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Packet Pg. 1059
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Agreement.

Section 11. SUBCONTRACTS.

Section 12. TITLE AND RISK OF LOSS.

Section 13. INDEMNIFICATION.

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

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

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Section 14. INSURANCE.

A. General. Supplier shall take out and maintain:

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

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

D. Evidence of Insurance. Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

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

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

Section 15. LIENS.

Section 16. TERMINATION OF AGREEMENT BY CITY.

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

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

2. Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and Packet Pg. 1062
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Section 18. MISCELLANEOUS PROVISIONS.

CITY:

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

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

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

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

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

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

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

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

SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT

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

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

Best Best & Krieger LLP
City Attorney
[***INSERT SUPPLIER NAME***]
Signature
Name
Title
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ATTACHMENT “C”

VENDOR QUOTE FORM
VENDOR NAME:

ADDRESS:

PHONE:

The undersigned, hereby declare that they have carefully examined the location of the proposed work, familiarized themselves with the local conditions affecting the cost of the work, and have read and examined the terms and conditions for the following Project:

Item No. Description Quantity
(annual)
Cost Per
Unit Total Cost
1 2070E W/Bi-Tran 2033 Program 50

TOTAL VENDOR QUOTE
Total Number of Additional Pages:

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

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

Contractor’s License Number and Classification:

DIR Registration Number (if applicable): ____________________________ Packet Pg. 1067
Attachment 4
Bid Results Summary
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Attachment 1
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It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Authorize the purchase of a CNG Dump truck 2024 Freightliner 114SD from National Auto Fleet Group in the amount of $302,499.71; and

2. Authorize the Agency Director of Administrative Services to appropriate $302,499.71 to purchase the Freightliner Dump Truck using the AB2766 fund; and

3. Authorize the Agency Director of Administrative Services to issue a purchase order for National Auto Fleet Group in the amount not to exceed $302,499.71.

Background
The South Coast Air Quality Management District (AQMD) adopted Assembly Bill 2766 ("AB2766") in 1990 to provide revenue intended to assist cities and counties that meet federal and state requirements for Clean Air Acts and implementations of measures to reduce motor vehicle emissions. This new compressed natural gas (CNG) powered dump truck will assist the Operation and Maintenance crew and is essential for hauling and cleaning City maintained catch basins, detention basins, and City parks.

Discussion
An opportunity exists to utilize the City’s Air Quality Funds (AB2766) to augment the City Fleet and replace a 1986 Kenworth diesel powered Dump Truck with a 2024 Freightliner 114SD that runs on compressed natural gas (CNG). The City is required to meet the standards of the federal and state Clean Air Act to qualify for subvention Packet Pg. 1070
program funding.

Under AB2766, the Motor Vehicle Subvention Fund Program, local government applicants must meet criteria set by the California Air Resources Board’s (CARB) guidelines. Funding for alternative fuel vehicles is available for those that meet Super Ultra Low Emission Vehicle (SULEV) or Advance Technology Partial Zero Emission Vehicle (AT PZEV) standards. The purchase of a new CNG Freightliner Dump Truck meets the programs emissions standards requirements. Staff obtained Sourcewell Cooperative quotes for this equipment. Sourcewell is authorized to establish competitively awarded, cooperative purchasing contracts and follows the competitive contracting law process to solicit, evaluate, and award, cooperative purchasing contracts.
2021-2025 Strategic Targets and Goals
The purchase of a Freightliner Dump Truck aligns with Key Target No. 1d: Improved Operational & Financial Capacity - Create a framework for spending decisions. This is a reliable asset to the City as it eliminates the need to consider expensive rental costs.

This purchase also aligns with Key Target No. 1e: Minimize risk and litigation exposure by providing City staff a safer work environment due to the use of an eco-friendly fuel alternative.

Fiscal Impact
There is no General Fund impact for this action. The purchase of the new Freightliner Dump Truck will be an expenditure from the AB2766 Fund in the amount of $302,499.71.

The AB2766 Fund is used to purchase cleaner, alternative fuel vehicles that meet emissions standards. The current AB2766 Fund balance is $699,000.00. Following the purchase of this vehicle, the AB2766 Fund balance will be reduced to $396,500.29.

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

1. Authorize the purchase of a CNG Dump truck 2024 Freightliner 114SD from National Auto Fleet Group in the amount of $302,499.71; and

2. Authorize the Agency Director of Administrative Services to appropriate $302,499.71 to purchase the Freightliner Dump Truck using the AB2766 fund; and

3. Authorize the Agency Director of Administrative Services to issue a purchase order for National Auto Fleet Group in the amount not to exceed $302,499.71.

Attachments
Attachment 1 - National Auto Fleet Group Quote # 2156HD Ward:

All
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Synopsis of Previous Council Actions:

None
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It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the execution of Amendment No. 3 to Professional Services Agreement with Z&K Consultants, Inc., extending the agreement until June 30, 2023.

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

Approved CIP's include projects in the general buildings, parks, streets, storm drain, streetlights and traffic signals, police, and landfill categories. The Engineering Division of the Public Works Department is responsible for planning and implementing the City’s CIP, which consists of design and construction of roads, bridges, buildings, grading, drainage, landscaping, ADA access ramps, and other public improvements. On August 7, 2019, the Mayor and City Council adopted Resolution No. 2019-263 approving a Professional Services Agreement with Z&K Consultants, Inc., to provide project management services for Capital Improvement Projects. The agreement was approved for one year and provided an option for two additional single year extensions.

On June 16, 2020, a letter was sent to Z&K Consultants, Inc. to administratively extend the agreement through June 30, 2021. On June 3, 2021, a letter was sent to Z&K Consultants, Inc. to administratively extend the agreement through June 30, 2022, for its final one-year option. During the last term, on December 15, 2021, the Mayor and City Council adopted Resolution No. 2021-294 authorizing the execution of Amendment No. 1 to Professional Services Agreement with Z&K Consultant, Inc. increasing the total contract amount to $525,000. Finally, on June 15, 2022, the Mayor and City Council authorized the execution of Amendment No. 2 to Professional Services Agreement with Z&K Consultants, Inc, extending the agreement until Packet Pg. 1092
December 31, 2022.

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

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

On June 1, 2022, the City Council approved the addition of an Engineering Project Manager as a full-time position for the Public Works, Engineering Department. This position is set to assume the responsibility over these critical CIP projects. The position was advertised several times resulting in qualified candidates. Public Works and Human Resources are discussing possibilities to drop some of the requirements for the position to attract qualified Engineers. Due to the time needed to recruit for this important and vital position in the Engineering Department, staff is recommending the execution of Amendment No. 3 to the Professional Services Agreement (Third Amendment) with Z&K Consultants, Inc., to extend the agreement from December 30, 2022, to June 30, 2023, to continue providing project management services for new and ongoing CIP Projects. This will allow staff the time to perform a successful recruitment and keep the continuity of the vital project without interruptions. 2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No.1e: Improved Operational & Financial Capacity - Minimize risk and litigation exposure. Approval of this resolution will result in public improvements being constructed that minimize risk and litigation exposure by improving infrastructure throughout the City.

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

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the execution of Amendment No. 3 to Professional Services Agreement with Z&K Consultants, Inc., extending the agreement until June 30, 2023.

Attachments
Attachment 1 Amendment No. 3 - Z&K Consultants, Inc.

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

Attachment 3 Amendment No.1
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Attachment 4 Resolution No. 2019-263
Attachment 5 1st Contract Extension
Attachment 6 2nd Contract Extension
Attachment 7 3rd Contract Extension
Attachment 8 Amendment No.2
Attachment 9 Resolution No. 2021-294
Ward:

All Wards
Synopsis of Previous Council Actions:

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

December 15, 2021 The Mayor and City Council adopted Resolution No. 2021- 294, approving the execution of Amendment No.1 with Z&K Consultant Inc. June 15, 2022 The Mayor and City Council authorized the execution of Amendment No. 2 to Professional Services Agreement with Z&K Consultants, Inc, extending the agreement until December 31, 2022.

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AMENDMENT NO. 3 TO

AGREEMENT FOR PROFESSIONAL SERVICES
Z&K CONSULTANTS, INC.

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

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 3 and the Master Agreement, the Parties mutually agree as follows:

AGREEMENT

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

2. Term. The term of the Master Agreement shall be extended through June 30, 2023, unless earlier terminated.

3. Amendment to Section 6 of the Master Agreement. The last sentence of Section 6 of the Master Agreement shall be amended to read as follows:

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“The total duration of the Agreement, including the exercise of any options, shall not exceed June 30, 2022.”

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

5. Electronic Transmission. A manually signed copy of this Amendment No. 3 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 3 for all purposes. This Amendment No. 3 may be signed using an electronic signature.

6. Counterparts. This Amendment No. 3 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR
AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH Z&K CONSULTANTS, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 3 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

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

Best Best & Krieger LLP
City Attorney

CONSULTANT
Z&K CONSULTANTS, INC.

Signature
Name
Title
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 16, 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: Professional Services Agreements for On-Call Pre- Qualified Engineering Services (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the award of a five-year Professional Services Agreements with various engineering firms and authorize the City Manager, or designee, to sign and execute the agreements.

Background
The Engineering Division of the Public Works Department is responsible for providing a variety of public works services and maintenance of public facilities. These services include Capital Improvement Programs, surveying, right-of-way acquisition, design, regulatory permit acquisition, document preparation, contract administration, review and approval of plans, construction inspection, review and approval of publicly dedicated subdivisions, issuance of right-of-way improvement permits and driveway permits, design of city roads, street access, transportation planning, and lighting. The Engineering Division also performs regulatory functions such as traffic control, parking enforcement, and preservation of utility and communication corridors.

Staff in the Engineering Division have a broad range of skills and experience in many facets of engineering, and are comprised of civil engineers, project managers, inspectors, and other administrative personnel. However, certain disciplines of engineering are specialized, therefore, creating a list of pre-qualified consultants for professional services in support of public works projects is intended to enable Public Works and other City Departments to quickly respond to the needs of residents and businesses, and accelerate the delivery of capital improvement projects and large capital maintenance projects.

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Discussion
The Public Works Department worked with the Purchasing Division of the Finance Department and utilized a formal bid process to solicit bids for a Pre-Qualified Engineering Design Consulting Project Management list. This bid was released on July 12, 2022, via the City’s 3rd Party Bidding Portal PlanetBids. This resulted in 29 vendors submitting proposals and 24 vendors being approved for the pre-qualified list.

The selection was based on each consultant meeting the pre-qualified requirements, licensing, and certifications without being debarred, suspended, or ineligible from bidding or accepting work from any State of California or Federal contracts. The disciplines and services that were pre-qualified to perform work on an as-needed basis by design professionals were as follows:
• Street Construction Projects that will require DOT Traffic Control Designs • Storm Drain Projects
• Wastewater Projects
• Structural Design and Construction Projects
• Environmental Consulting
• Geotechnical Engineering Investigation
• Surveying Services
• Landscaping Design
• Construction Inspection and Construction Management
• Architecture
• Civil Engineering
• Mechanical Engineering
• Electrical Engineering
• Plumbing Engineering
• Project Management/Staff Augmentation
Below are the pre-qualified firms categorized by service:

Professional Service Business Name Address
Civil Engineering CASC Engineering and
Consulting
1470 E. Cooley Drive, Colton, CA.
92324
Civil Engineering Civil Works Engineers,
Inc
3151 Airway Ave., Ste. T-1 Costa
Mesa, CA. 92626
Civil Engineering CSG Consultants 3707 W. Garden Grove Blvd., Ste. 100 Orange, CA. 92868
Civil Engineering GHD 320 Goddard #200 Irvine, CA.
92618
Civil Engineering Hernandez, Kroone &
Associates (HKA)
234 East Drake Drive, San
Bernardino, CA. 92408
Civil Engineering IMEG Corp 300 N. Lake Ave., 14th Floor Pasadena, CA. 91101
Civil Engineering KOA Connects
Communities
3190 Shelby Street, Bldg. C Ontario,
CA. 91764
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Civil Engineering KTU&A 3916 Normal Street, San Diego, CA. 92103
Civil Engineering NV5, Inc. 163 Technology Drive, Ste. 100 Irvine, CA. 92618
Civil Engineering PacRim Engineering 1820 E. 1st, Ste 110 Santa Ana, CA. 92705
Civil Engineering Parkis, Inc. Engineering
& Construction
10450 Pioneer Blvd., Ste. 3 Santa
Fe Springs, CA. 90670
Civil Engineering RICK Engineering 1770 Iowa Ave., Ste. 100 Riverside, CA. 92507
Civil Engineering TJKM 4305 Hacienda Drive, Suite 550
Pleasanton, CA. 94588
Civil Engineering TKE Engineering, Inc. 2305 Chicago Ave. Riverside, CA. 92507
Civil Engineering Transtech Engineering 431 MacKay Drive, San Bernardino, CA. 92408
Civil Engineering Willdan 650 E. Hospitality Lane, Suite 400 San Bernardino, CA. 92408
Environmental Engineering CASC Engineering and
Consulting
1470 E. Cooley Drive, Colton, CA.
92324
Environmental Engineering CSG Consultants 3707 W. Garden Grove Blvd., Ste. 100 Orange, CA. 92868
Environmental Engineering GHD 320 Goddard #200, Irvine, CA. 92618
Environmental Engineering GPA Consulting 201 Nevada Street, Ste. B El Segundo, CA. 90245
Environmental Engineering Hernandez, Kroone &
Associates (HKA)
234 East Drake Drive, San
Bernardino, CA. 92408
Environmental Engineering LIN Consulting, Inc. 21660 Copley Drive, Ste. 270 Diamond Bar, CA. 91765
Environmental Engineering UltraSystems
Environmental Inc.
16431 Scientific Way, Irvine, CA.
92618
Environmental Engineering Willdan 650 E. Hospitality Lane, Suite 400 San Bernardino, CA. 92408
Geotechnical Engineering Geo-Advantex, Inc.
(GAI)
457 West Allen Ave. Ste 113 San
Dimas, CA. 91773
Geotechnical Engineering Hernandez, Kroone &
Associates (HKA)
234 East Drake Drive San
Bernardino, CA. 92408
Geotechnical Engineering IMEG Corp 300 N. Lake Ave., 14th Floor Pasadena, CA. 91101
Geotechnical Engineering KOA Connects
Communities
3190 Shelby Street, Bldg. C Ontario,
CA. 91764
Geotechnical Engineering MTGI 14467 Meridian Parkway Bldg. 2A Riverside, CA. 92518
Geotechnical Engineering Ninyo & Moore 7888 Cherry Ave. Unit I Fontana, CA. 92336
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Irvine, CA. 92618
Geotechnical Engineering Twining Geotechnical 111 Main Street, Unit A Riverside, CA. 92501
Geotechnical Engineering UltraSystems
Environmental Inc.
16431 Scientific Way Irvine, CA.
92618
Geotechnical Engineering Willdan 650 E. Hospitality Lane Suite 400 San Bernardino, CA. 92408
Surveying Hernandez, Kroone &
Associates (HKA)
234 East Drake Drive San
Bernardino, CA. 92408
Surveying IMEG Corp 300 N. Lake Ave., 14th Floor
Pasadena, CA. 91101
Surveying NV5, Inc. 163 Technology Drive, Ste. 100
Irvine, CA. 92618
Surveying RICK Engineering 1770 Iowa Ave., Ste. 100 Riverside, CA. 92507
Surveying TKE Engineering, Inc. 2305 Chicago Ave. Riverside, CA. 92507
Surveying Willdan 650 E. Hospitality Lane Suite 400
San Bernardino, CA. 92408
Landscaping Design GHD 320 Goddard #200 Irvine, CA.
92618
Landscaping Design Hernandez, Kroone &
Associates (HKA)
234 East Drake Drive San
Bernardino, CA. 92408
Landscaping Design IMEG Corp 300 N. Lake Ave., 14th Floor Pasadena, CA. 91101
Landscaping Design RICK Engineering 1770 Iowa Ave., Ste. 100 Riverside, CA. 92507
Landscaping Design Willdan 650 E. Hospitality Lane Suite 400 San Bernardino, CA. 92408
Construction Inspection and
Management
Hernandez, Kroone &
Associates (HKA)
234 East Drake Drive, San
Bernardino, CA. 92408
Construction Inspection and
Management
KTU&A 3916 Normal Street, San Diego, CA.
92103
Construction Inspection and
Management
LAE Associates, Inc. 20709 Golden Springs Dr UNIT 104,
Walnut, CA 91789
Architecture Civil Works Engineers,
Inc
3151 Airway Ave., Ste. T-1 Costa
Mesa, CA. 92626
Architecture Hernandez, Kroone &
Associates (HKA)
234 East Drake Drive San
Bernardino, CA. 92408
Architecture IMEG Corp 300 N. Lake Ave., 14th Floor
Pasadena, CA. 91101
Architecture KTU&A 3916 Normal Street, San Diego, CA.
92103
Mechanical, Electrical,
Plumbing (MEP) Engineering
Civil Works Engineers,
Inc
3151 Airway Ave., Ste. T-1 Costa
Mesa, CA. 92626
Mechanical, Electrical,
Plumbing (MEP) Engineering
Hernandez, Kroone &
Associates (HKA)
234 East Drake Drive San
Bernardino, CA. 92408
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Mechanical, Electrical,
Plumbing (MEP) Engineering
IMEG Corp 300 N. Lake Ave., 14th Floor
Pasadena, CA. 91101
Mechanical, Electrical,
Plumbing (MEP) Engineering
KTU&A 3916 Normal Street, San Diego, CA.
92103
Storm Drain Hernandez, Kroone &
Associates (HKA)
234 East Drake Drive San
Bernardino, CA. 92408
Storm Drain IMEG Corp 300 N. Lake Ave., 14th Floor
Pasadena, CA. 91101
Wastewater Hernandez, Kroone &
Associates (HKA)
234 East Drake Drive San
Bernardino, CA. 92408
Wastewater IMEG Corp 300 N. Lake Ave., 14th Floor
Pasadena, CA. 91101
Structural Design and
Construction
Hernandez, Kroone &
Associates (HKA)
234 East Drake Drive, San
Bernardino, CA. 92408
Structural Design and
Construction
IMEG Corp 300 N. Lake Ave., 14th Floor
Pasadena, CA. 91101
Street Construction Projects
that require DOT Traffic
Control Designs
Hernandez, Kroone &
Associates (HKA)
234 East Drake Drive, San
Bernardino, CA. 92408
Street Construction Projects
that require DOT Traffic
Control Designs
IMEG Corp 300 N. Lake Ave., 14th Floor
Pasadena, CA. 91101
Project Management/Staff
Augmentation
CASC Engineering and
Consulting
1470 E. Cooley Drive
Colton, CA. 92324
Project Management/Staff
Augmentation
Civil Works Engineers,
Inc
3151 Airway Ave., Ste. T-1
Costa Mesa, CA. 92626
Project Management/Staff
Augmentation
CSG Consultants 3707 W. Garden Grove Blvd., Ste.
100
Orange, CA. 92868
Project Management/Staff
Augmentation
GHD 320 Goddard #200
Irvine, CA. 92618
Project Management/Staff
Augmentation
Hernandez, Kroone &
Associates (HKA)
234 East Drake Drive
San Bernardino, CA. 92408
Project Management/Staff
Augmentation
IMEG Corp 300 N. Lake Ave., 14th Floor
Pasadena, CA. 91101
Project Management/Staff
Augmentation
KOA Connects
Communities
3190 Shelby Street, Bldg. C
Ontario, CA. 91764
Project Management/Staff
Augmentation
KTU&A 3916 Normal Street, San Diego, CA.
92103
Project Management/Staff
Augmentation
NV5, Inc. 163 Technology Drive Ste. 100
Irvine, CA. 92618
Project Management/Staff
Augmentation
PacRim Engineering 1820 E. 1st Ste 110
Santa Ana, CA. 92705
Project Management/Staff
Augmentation
Parkis, Inc. Engineering
& Construction
10450 Pioneer Blvd., Ste. 3
Santa Fe Springs, CA. 90670
Project Management/Staff
Augmentation
RICK Engineering 1770 Iowa Ave., Ste. 100
Riverside, CA. 92507
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Project Management/Staff
Augmentation
TJKM 4305 Hacienda Drive Suite 550
Pleasanton, CA. 94588
Project Management/Staff
Augmentation
TKE Engineering, Inc. 2305 Chicago Ave. Riverside, CA.
92507
Project Management/Staff
Augmentation
Transtech Engineering 431 MacKay Drive
San Bernardino, CA. 92408
Project Management/Staff
Augmentation
Willdan 650 E. Hospitality Lane Suite 400
San Bernardino, CA. 92408
Staff is confident that the selected vendors are qualified to provide the services required under this pre-qualified list. The term of the proposed pre-qualified list shall be from November 17, 2022, to November 16, 2027.
2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 1d: Create a framework for spending decisions and 1e: Minimize risk and litigation exposure. Approval of contracting prequalified consultants will contribute to the maintenance of streets and infrastructures throughout the City. It will also promote economic growth and help ensure safe travel for motorists, bicyclists, and pedestrians through cost-effective maintenance.

Fiscal Impact
There is no General Fund impact associated with the recommended action. The City Council action does not obligate any appropriation of City funds. Each firm selected for service, CIP or non-CIP, shall receive compensation, including authorized reimbursements, for all services rendered under their respective agreement. Task Orders will be issued in compliance with the City’s procurement guidelines. The consultant services fees will not exceed $50,000 per project. Any project with a total budget estimated to exceed $50,000 will be presented to the City Council for approval prior to authorizing a notice to proceed on the Task Order.

It's important to note, creating a list of pre-qualified consultants for professional services in support of public works projects is in conformance with the Public Contract Code (PCC) and consistent with the City’s Municipal Code.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the award of a five-year Professional Services Agreements with various engineering firms and authorize the City Manager, or designee, to sign and execute the agreements.

Attachments
Attachment 1 On-Call Professional Services Agreement Template Ward:

All Wards
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Synopsis of Previous Council Actions:

None
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1 MODEL PROFESSIONAL SERVICES AGREEMENT – REMOVE THIS TITLE WHEN USED.

USE ONLY FOR PROFESSIONAL SERVICES – DEFINED AS: SPECIALIZED

SERVICES SUCH AS FINANCIAL, ECONOMIC, ACCOUNTING, LEGAL,

ENGINEERING OR ADMINISTRATIVE SERVICES
PLEASE NOTE: THIS PROFESSIONAL SERVICES AGREEMENT MAY NOT BE

USED TO CONTRACT FOR DESIGN SERVICES

ON-CALL PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]
This Agreement is made and entered into as of [***INSERT MONTH***] [***INSERT DATE***], 2021 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and [***INSERT NAME***], a [***INSERT TYPE OF

ENTITY AND STATE - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
[***INSERT DESCRIPTION***] (hereinafter referred to as “the Project”).

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

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

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

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

4. Compensation.
a. Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Agreement at the rates set forth in the Schedule of Charges attached hereto as Exhibit “A” and incorporated herein by this reference. The maximum compensation for services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total aggregate compensation paid to Consultant under this Agreement shall not exceed the amount set forth in Section 2(b) below.
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement and all Task Orders issued hereunder exceed the sum of $[***INSERT NOT TO EXCEED AMOUNT***]. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

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

6. Term. The term of this Agreement shall be from [***INSERT START DATE***] to [***INSERT END DATE***], unless earlier terminated as provided herein.

Consultant shall complete the services within the term of this Agreement and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be Packet Pg. 1138
3 maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

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

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

10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.

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4 c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

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

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

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

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

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

16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.

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5 a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.

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6 c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.

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7 f. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $2,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
g. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
h. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver Packet Pg. 1143
8 renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claimsmade policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. i. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. j. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the Packet Pg. 1144
9 liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. k. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers.

Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that Packet Pg. 1145
10 term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
[***IF CITY IS AWARE THAT THE CONSULTANT WILL PERFORM WORK

SUBJECT TO PREVAILING WAGE LAW, PLEASE CONTACT LEGAL COUNSEL TO OBTAIN GUIDANCE REGARDING REVISING THE FOLLOWING PROVISION***]If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

20. Laws and Venue. This Agreement shall be interpreted in accordance with Packet Pg. 1146
11 the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.

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

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

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

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

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

25. Costs. Each Party shall bear its own costs and fees incurred in the Packet Pg. 1147
12 preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

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

27. Organization. Consultant shall assign [***INSERT NAME***] as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

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

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

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: [***INSERT DEPARTMENT HEAD
TITLE OR “City Manager”***]
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
[***INSERT NAME, ADDRESS &
CONTACT PERSON***]

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

31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

Packet Pg. 1148
13 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.

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

34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

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

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

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

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

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

40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant Packet Pg. 1149
14 warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

43. Order of Precedence.

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

1. Amendment(s)

2. This Agreement

3. Task Orders
[SIGNATURES ON FOLLOWING PAGE]
Packet Pg. 1150
15 SIGNATURE PAGE FOR ON-CALL PROFESSIONAL SERVICES AGREEMENT

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

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

Best Best & Krieger LLP
City Attorney

CONSULTANT
Signature
Name
Title
Packet Pg. 1151
16 EXHIBIT A
[***ATTACH OR INSERT: Scope of Services / Schedule of Charges and Payments / Activity Schedule***]
Packet Pg. 1152
17 EXHIBIT B
Sample Task Order Form

TASK ORDER
Task Order No. _______
Agreement: [INSERT TITLE OF AGREEMENT]
Consultant: [INSERT NAME OF CONSULTANT]
The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above:

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

CITY OF SAN BERNARDINO [INSERT NAME OF CONSULTANT]
Dated: Dated:

By: By:

Packet Pg. 1153

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 16, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Daniel Hernandez, Agency Director of Public Works,
Operations and Maintenance
Department: Public Works
Subject: Amendment No. 1 to the Professional Services
Agreement with Tetra Tech BAS, Inc. (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 Amendment No. 1 to the Professional Services Agreement with Tetra Tech BAS, Inc., to install upgrades to the existing landfill gas collection and treatment system at the City's inactive Waterman Landfill; and

2. Authorize the Agency Director of Administrative Services to issue a purchase order to Tetra Tech BAS, Inc. in the amount not to exceed $418,160.

Background
The City of San Bernardino operated a sanitary landfill for municipal solid waste between 1950 and 1960 on 19 acres of leased private property along the south bank of the Santa Ana River, east of Waterman Avenue, north of Vanderbilt Way and Carnegie Drive. Landfill operations ceased in 1961 and the site was turned back over to the property owner at that time. As the operator of the former Waterman Landfill, the City of San Bernardino bears the responsibility for properly closing, maintaining, and monitoring the 19-acre site, which ceased operations in 1961.

The City was notified in 2004 by State regulatory agencies that the Waterman Landfill site was not in compliance with landfill closure regulations. The City was required to implement appropriate landfill measures to satisfy legal requirements. To assist the City in achieving regulatory compliance, the firm of Bryan A. Stirrat & Associates (BAS) was retained to provide necessary operations and maintenance services for the project, as well as permitting, design, and Packet Pg. 1154
construction of the necessary improvements. The construction and installation of the landfill gas extraction and treatment system was completed in 2006. As mandated by South Coast Air Quality Management District (SCAQMD), routine operations, maintenance and monitoring of the landfill gas extraction and treatment system at Waterman Landfill must continue.

On July 21, 2008, per Resolution 2008-285, the Mayor and Common Council of the City of San Bernardino authorized the execution of an Agreement and issuance of a purchase order with three (3) additional option years. However, due to the City’s fiscal challenges, on June 1, 2010, staff wrote BAS a letter and asked them to accept a 20 percent reduction in charges to their OM&M. The 20 percent reduction equated to $35,000 in savings per year. On June 16, 2010, Tetra Tech BAS, Inc. responded to the letter and accepted the 20 percent reduction but requested that the City extend the current contract by four additional years. Staff recommended extending the current contract by four additional years since it yielded a savings of $210,000 over the next six years. The amendment extended the contract effective for option years two and three and additionally, effective July 1, 2012, the contract was extended to June 30, 2016.

On June 22, 2016, per Resolution No. 2016-123, the Mayor and Common Council of the City of San Bernardino authorized the City Manager to execute Amendment No. 1 to Agreements for on-call Professional Civil Engineering Design and Project Management Services for the Capital Improvement Program (CIP) and Staff Augmentation. This amendment to the agreement allowed the City Manager to extend the term of the agreement for one-year intervals by written notice to the consultant. The City Manager shall be required to give the Consultants such written notice of the City's intent to extend before the Agreements expire. The total duration of the Agreements, including the exercise of any options, shall not exceed June 30, 2020.

On July 1, 2020, the City entered a short-term three (3) month agreement with Tetra Tech BAS, Inc. for the OM&M services in order to remain in compliance with county and state regulatory agencies and to allow staff additional time to negotiate a new, long-term agreement. On October 1, 2020, per Resolution No. 2020-234 authorization of Profession Services Agreement for landfill gas extraction operation, maintenance and monitoring (OM&M) to continue for a total of 33 months through June 30, 2023. The agreement includes the option for the City Manager to extend the agreement for a maximum of three one-year terms, not beyond June 30, 2026.

Discussion
Tetra Tech BAS, Inc. has been providing various services to the City related to the Waterman Landfill for many years. Currently, they provide landfill compliance, engineering, and operations maintenance. As part of routine operations and maintenance, Tetra Tech BAS, Inc. performs inspections of onsite equipment, as well as mandated vapor extraction monitoring as required on a weekly basis. Tetra Tech BAS, Inc. also provided engineering, design, and implementation of the City's Packet Pg. 1155
Waterman Landfill Vapor Extraction System Improvements CIP project.

Operation, maintenance, and monitoring of the gas extraction system remain mandated requirements from SCAQMD. With the expansion of the gas extraction and treatment system nearly complete, staff and Tetra Tech BAS, Inc. reviewed the OM&M requirements of the expanded system. Tetra Tech BAS, Inc. provided a proposal that includes a monthly service fee of $18,180 for all routine OM&M tasks. The proposal also included an annual amount of $100,000 that is set aside for non-routine items that may occur. Establishing this non-routine contingency upfront allows unforeseen issues to be addressed expeditiously, further ensuring that the system remains in compliance as repairs can be streamlined. Any nonroutine work must be authorized by staff prior to Tetra Tech BAS Inc. performing the work. Tetra Tech BAS, Inc. was selected as a sole source vendor for the landfill OM&M work as they possess the technical, environmental, licensing and engineering expertise required to perform the work. Tetra Tech BAS, Inc. also has extensive history with the Waterman Landfill, as they have provided ongoing, weekly gas extraction monitoring and landfill maintenance, and has established and maintained positive relationship with regulatory agencies that have benefited the City.

On March 2, 2022, the Mayor and City Council adopted Resolution No. 2022-054, authorizing the City Manager to amend the Fiscal year 2021/22 General Fund Operating Budget in the amount of $4,824,732 for the amounts detailed in the midyear fiscal year 2021/22 report. One funding request was an additional $100,000 to the $318,160 annual budget for the required maintenance and monitoring of the City’s inactive landfill, the Waterman Landfill (WLF). WLF had multiple severe surface cracks affecting Landfill Gas collection system, and the methane level reads of the perimeter probe were in violation, requiring additional non-routine services.

The additional $100,000 has yet to be utilized, as the mid-year budget review did not specify authorization of transferring the funds to the Tetra Tech: Waterman Landfill Ongoing Monitoring and Maintenance (OM&M) purchase order used to compensate Tetra Tech BAS, Inc.

It is important to note that, as the former operator and legal owner of the landfill property, it is imperative that the City continue its due diligence in keeping the site in compliance with regulatory agencies to avoid heavy fines for non-compliance, and to reduce liability associated with the site. Additionally, maintaining compliance with local and state regulations is desirable in the event that the City, or a third party, is interested in developing the site in the future.
2021-2025 Strategic Targets and Goals
The request aligns with Goal No. 1e: Improved Operational & Financial Capacity - Minimize risk and litigation exposure. Increasing the Non-Routine Services Budget will ensure that emergencies such as the fissures that needed repairing, may be Packet Pg. 1156
funded to maintain landfill compliance.

Fiscal Impact
There is no General Fund impact associated with this action. Funding to increase the agreement and purchase order amount by $100,000, not to exceed amount of $418,160, requires no resolution budget amendment to the Fiscal Year 2023 budget. $100,000 was requested and approved in FY 2022 carryovers and is now available for use in FY 2023 and appropriated in the Integrated Waste Fund.

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

1. Authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Tetra Tech, Inc., to install upgrades to the existing landfill gas collection and treatment system at the City's inactive Waterman Landfill; and

2. Authorize the Agency Director of Administrative Services to issue a purchase order to Tetra Tech, Inc. in the amount not to exceed $418,160.

Attachments
Attachment 1 – Fiscal year 2021-22 Mid-Year Update
Attachment 2 – Resolution 2022-054 – Amend the Fiscal Year 2021-2022 General Fund Budget
Attachment 3 – Amendment No. 1 to Professional Services Agreement with Tetra Tech BAS, Inc.

Attachment 4 – Professional Services Agreement Between the City of San Bernardino and Tetra Tech BAS, Inc.

Ward:

All Wards
Synopsis of Previous Council Actions:

March 2, 2022 Adopted Resolution No. 2022-54 Authorizing the City Manager to Amend the Fiscal Year 2021/22 General Fund
Operating Budget by $4,824,732 as outlined in the Fiscal Year 2021/22 Mid-Year Budget Report.

September 16, 2020 Resolution No. 2020-234 of the Mayor and City Council of the City of San Bernardino, California, authorizing a
professional services agreement for landfill gas extraction Operation Maintenance and Monitoring (OM&M) with Tetra
Tech BAS.

Packet Pg. 1157
August 19, 2020 Resolution No. 2020-142 of the Mayor and City Council of the City of San Bernardino, California, approving a construction contract with Tetra Tech, Inc. of San Bernardino, California, for landfill gas collection and treatment system upgrades at the Waterman Landfill and authorizing the City Manager to execute the contract.

September 18, 2019 Resolution No. 2019-282 of the Mayor and City Council of the City of San Bernardino, California, approving Tetra Tech, Inc. to install upgrades to the existing landfill gas collection and treatment system at the City's inactive
Waterman Landfill.

June 20, 2016 Resolution of the Mayor and City Council of the City of San Bernardino authorizing the City Manager to execute
Amendment No. 1 to Agreements for On-Call Professional
Civil Engineering Design and Project Management
Services for the Capital Improvement Program (CIP) and
Staff Augmentation.

August 17, 2015 Resolution No. 2015-188 of the Mayor and City Council of the City of San Bernardino approving Agreements for OnCall Professional Civil Engineering Design and Project Management Services for the Capital Improvement
Program (CIP) and Staff Augmentation.

Packet Pg. 1158

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Mayor and City CouncilNovember 16, 2022

Mayor and City Council
November 16, 2022