Agenda packet — Mayor and City Council, December 7, 2022 (part 13 of 14)

RESOLUTION NO. 2022-259

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 REVENUE AND EXPENDITURES BY
$450,000 FOR THE PURCHASE OF STREETLIGHT POLE
REPLACEMENT SERVICES.

WHEREAS, the City of San Bernardino values keeping City streetlights operating efficiently; and
WHEREAS, the City is supportive of all efforts to properly maintain, modernize and upgrade City infrastructure; and
WHEREAS, the City recognizes that keeping our streetlight poles operating smoothly will promote safer communities and encourage economic investment.

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

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

SECTION 2. The Mayor and City Council adopt resolution No. 2022-259 authorizing the Agency Director of Administrative Services to amend the FY 2022/23 General Fund Operating Budget in the amount of $450,000; and
SECTION 3. The Mayor and City Council authorize the City Manager to execute Maintenance Services Agreement with Yunex, LLC., for streetlight pole replacement services; and SECTION 4. The Mayor and City Council authorize the Agency Director Administrative Services to amend the FY22/23 budget in the amount of $450,000 to the Public Works Operations and Maintenance General Fund; and
SECTION 5. The Mayor and City Council authorize the Agency Director of Administrative Services to issue a purchase order to Yunex, LLC., in the amount not to exceed $450,000
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Resolution No. 2022-259
Resolution 2022-259
December 7, 2022

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SECTION 6. 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 7. 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 8. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of December, 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. 2022-259
Resolution 2022-259
December 7, 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. 2022-259, adopted at a regular meeting held on the 7th day of December 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 7th day of December 2022.

Genoveva Rocha, CMC, City Clerk
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Exhibit B

CITY OF SAN BERNARDINO

MAINTENANCE SERVICE AGREEMENT
PARTIES AND DATE.

This Agreement is made and entered into this 7th day of December 2022 by and between the City of San Bernardino, a municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”) and Yunex, LLC., a Corporation, with its principal place of business at 2250 Business Way, Riverside, California (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS.

Contractor.

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

Contractor represents that it is experienced in providing streetlight pole replacement services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City.

Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

Project.

City desires to engage Contractor to render such services for the streetlight pole replacement services project (“Project”) as set forth in this Agreement.

TERMS.

Scope of Services and Term.

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

Term. The term of this Agreement shall be from December 7th, 2022 to June 30th, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 3 additional oneyear terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement, if necessary, to complete the Services.

Packet Pg. 4335
Exhibit B
Responsibilities of Contractor.

Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement.

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

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

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

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

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

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

Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, Packet Pg. 4336
Exhibit B
qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of $10 dollars per day for each and every calendar day of delay beyond the agreed upon Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.

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

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

Packet Pg. 4337
Exhibit B
Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.

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

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

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

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

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

Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application Packet Pg. 4338
Exhibit B
to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

Water Quality.

Management and Compliance. To the extent applicable,
Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.

Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

Insurance.

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

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

Contractor shall also require all of its subcontractors to procure and maintain the same insurance Packet Pg. 4339
Exhibit B
for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:

Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; (4) Privacy/Network Security (Cyber), in a form and with insurance companies acceptable to City. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another.

Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability $2,000,000 per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $2,000,000 per accident for bodily injury or disease; (4) Cyber Liability: $1,000,000 for privacy breaches, system breaches, denial/loss of service, and introduction, implantation or spread of malicious software code. Defense costs shall be paid in addition to the limits.

Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement.

Additional Insured. The City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:

General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements Packet Pg. 4340
Exhibit B
providing the exact same coverage, the City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section

3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).

Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B).

Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor.

All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

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

Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, Packet Pg. 4341
Exhibit B
agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

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

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

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

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

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

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

Packet Pg. 4342
Exhibit B
Bonds.

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

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

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

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

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

Work Site.

Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to Packet Pg. 4343
Exhibit B
commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.

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

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

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

Packet Pg. 4344
Exhibit B
Fees and Payments.

Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed four hundred fifty thousand dollars ($450,000) without written approval of City’s Agency Director of Administrative Services. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

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

Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 Packet Pg. 4345
Exhibit B
and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

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

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

Termination of Agreement.

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

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

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

General Provisions.

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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Exhibit B
Contractor:

Yunex, LLC.
2250 Business Way
Riverside, CA 92501
Contact: Steven Teal
City:

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

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

Indemnification.

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

Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this indemnification section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall Packet Pg. 4347
Exhibit B
include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

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

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

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

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

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

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

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

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 Packet Pg. 4348
Exhibit B
service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

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

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.

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

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

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

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

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

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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Exhibit B

SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND YUNEX, LLC.

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

CITY OF SAN BERNARDINO
APPROVED BY:

ROBERT D. FIELD,
City Manager
ATTESTED BY:

GENOVEVA ROCHA, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
YUNEX, LLC.
2250 BUSINESS WAY
RIVERSIDE, CA 92501
By:

Its:

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

EXHIBIT C

PRICE PROPOSAL FORM
VENDOR NAME: YUNEX, LLC.

ADDRESS: 2250 BUSINESS WAY, RIVERSIDE, CA 92501
PHONE: (951) 784-6600
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:

Street Light Pole Replacement
Street Light Pole Replacement:

Item
No. Description Flat Rate Per Pole
1 1-20 Poles $5,485
2 21-50 Poles $5,025
3 51-75 Poles $5,025
4 76-100 Poles $5,025
TOTAL $20,560
Base Replacement:

Item
No. Description Flat Rate Per Base
5 1 – 5 Bases $3,950
6 6 – 10 Bases $3,350
7 11 – 15 Bases $3,350
8 16 – 20 Bases $3,350
TOTAL $14,000
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Exhibit B
Item
No. Description Total
9 Additional Fees (If any) $0
10 Additional Fees (If any) $0
11 Additional Fees (If any) $0
TOTAL VENDOR QUOTE $34,560
Total Number of Additional Pages:

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

Contractor’s License Number and Classification:

DIR Registration Number (if applicable): ___________
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REQUEST FOR PROPOSALS
FOR

CITY OF SAN BERNARDINO
FOR
RFP F-23-09

STREET LIGHT POLE REPLACEMENT SERVICES

CITY OF SAN BERNARDINO
290 North D Street
San Bernardino, California 92401
Telephone: (909) 384-7272
WWW.SBCITY.ORG
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CITY OF SAN BERNARDINO

NOTICE INVITING PROPOSALS

STREET LIGHT POLE REPLACEMENT SERVICES
RFP F-23-09
PUBLIC NOTICE IS HEREBY GIVEN that proposals will be received by the City of San Bernardino via Planetbids until 3:00 PM, August 29, 2022.Proposals received after this date will be returned to the proposers unopened. Faxed or electronically submitted proposals will not be accepted.

The City is requesting proposals to provide: Street Light Pole Replacement Services The award of this contract is subject to available budget adequate to carry out the provisions of the proposed agreement including the identified scope of work. The City reserves the right to reject any or all proposals determined not to be in the best interest of the City.

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

Interested proposers may download copies of the Request for Proposals (“RFP”) by visiting the City’s web site, www.sbcity.org. All addenda will be published on the City’s website.

For more information regarding the RFP, please contact:

City of San Bernardino Purchasing Department
[email protected]
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CITY OF SAN BERNARDINO

REQUEST FOR PROPOSALS

STREET LIGHT POLE REPLACEMENT SERVICES
I. BACKGROUND AND INTRODUCTION
The City of San Bernardino (“City”) is requesting proposals from qualified firms1 (“Proposers”) for Street Light Pole Replacement Services (“Services”).

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

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

1. Public Works Prevailing Wage and Contractor Registration Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing at sections 1720 et seq. and 1770 et seq. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations. Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/. In addition, a copy of the prevailing rate of per diem wages will be made available at the City’s Public Works Department upon request. The successful bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors. If the total compensation under the contract will exceed $25,000 and pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations (“DIR”). No bid shall be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the Project. The contract awarded pursuant to this proposal may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations.
1Use of the term “firm” shall mean individual proprietorship, partnership, Limited Liability Company, corporation or joint venture.

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

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

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

D. Pre-Proposal Meeting
Meeting is not required.

E. Content and Format of Proposal
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall include one (1) electronic proposal submitted to Planetbids. Proposals shall be organized, tabbed, and numbered in the order presented below.

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

Proposals shall be in the following order and shall include:

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

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

3. Identification of Proposer: (limit: 1 page)
a. Legal name and address of the company.
b. Legal form of company (partnership, corporation).
c. If company is a wholly owned subsidiary of a “parent company,” identify the “parent company.”
d. Name, title, address and telephone number of the proposed representative to contact concerning the Proposal Submittal. e. California Business License Number
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4. Staffing Resources: (limit: 2 pages)
a. Firm Staffing and Key Personnel
(i) Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed.
(ii) Identify three (3) persons that shall be principally responsible for working with the City. Indicate the role and responsibility of each individual. If the Proposer is chosen as a finalist, these principal individuals must attend the interview and in-person presentation.
(iii) Describe proposed team organization, including
identification and responsibilities of key personnel. Please include one-page resumes.
(iv) Provide brief biographies of individuals that shall be working directly with the City.
b. Subcontractors
(i) The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor(s) that is anticipated to perform each function, if known at this time.

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

6. Experience and Technical Competence: (limit: 4 pages) a. Experience
(i) The Proposer shall provide a description of how the Proposer’s experience, technical and professional skills will meet the goals and fulfill the general functions identified in this RFP.

Packet Pg. 4357
(ii) Describe the past experience of the staff to be assigned to perform the Services in performing similar services.
(iii) The Proposer shall state the number of years the firm has conducted business. Proposer must have at least four (4) years’ experience in providing the required scope of
Services for public clients.
(iv) Provide five (5) references regarding the Proposer’s experience and performance performing similar services.

Include the following information: (1) Organization/City, contact name, phone number, e-mail address; and (2)
project size and description, if applicable, and description of services.
(v) Describe the Proposer’s local experience and knowledge of City.
b. Project Specific Experience
(i) The Proposer shall provide a description of the three most relevant service contracts held within the last five years, one page per project, to include:
(a) Role of the firm
(b) Dollar value of the services
(c) Dollar value of the fee
(d) Description of services
(e) Staffing
(f) Duration of providing services
(g) Relationship to client
(h) Contact name, position, entity name, telephone
number, fax number and e-mail address for each
project.
(ii) If any of the following has occurred, please describe in detail:
(a) Failure to enter into a contract or professional
services agreement once selected.
(b) Withdrawal of a proposal as a result of an error.
(c) Termination or failure to complete a contract.

Packet Pg. 4358
(d) Debarment by any municipal, county, state, federal
or local agency.
(e) Involvement in litigation, arbitration or mediation.

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

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

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

8. Fee Proposal: (limit: 10 pages) Please provide a Unit Cost fee proposal for the scope of Services. The fee proposal shall include hourly rates for all personnel for “Additional Work” (as such term is defined in the proposed Agreement attached hereto as Exhibit “B”). Submit Exhibit “C” in a separate document. Submit same amounts in Planetbids “Line Items” tab.

9. Certificate of Insurance: (limit: 2 pages) - not including supporting documentation) Please provide Certificate of Insurance with all the requirements and amounts.

See the Agreement, attached hereto as Exhibit “B”, for a description of the insurance requirements.

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

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

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

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

G. Selection Process

1. The City will evaluate proposals based on the following criteria:
a. The Proposer is properly licensed to practice in the State of California. b. The Proposer has no conflict of interest with regard to any other work performed by the firm for the City.
c. Clarity and conformance of proposal to the RFP.
d. Content of the proposal.
e. Proposer’s experience and performance.
f. Team members’ experience and performance.
g. Fee proposal.
h. Comments by references. (Pass/Fail)
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i. Exceptions/Deviations to RFP/Agreement Template (Pass/Fail) Litigations (Pass/Fail)

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

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

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

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

H. Protests

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

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

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

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

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I. Proposal Schedule
The tentative schedule is as follows:

ACTION DATE
Release of Request for Proposal August 1, 2022
Pre-Proposal Meeting Location: No Meeting
Last Day to Submit Questions for Clarification
received by the City on or before 3:00 pm
August 11, 2022
Clarifications Issued by City on or before 3:00 pm August 16, 2022 Deadline for Receipt of Proposals
submitted on or before 3:00 pm
August 29, 2022
Notification of Finalist(s) September 29, 2022
The above scheduled dates are tentative and City retains the sole discretion to adjust the above schedule. Nothing set forth herein shall be deemed to bind City to award a contract for the above-described professional Services and City retains the sole discretion to cancel or modify any part of or all of this RFP at any time.

J. Submittal Requirements

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

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

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

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

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

3. Site Examination: Proposers may visit the City and its physical facilities to determine the local conditions which may in any way affect the performance of the work; familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and codes affecting the performance of the work; make such investigations, as it may deem necessary for performance of the Services at its proposal price within the terms of the Agreement; and Packet Pg. 4362
correlate its observations, investigations, and determinations with the requirements of the Agreement.

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

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

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

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

Submittal Instructions: Proposals must be received no later than 3:00 pm local time, on or before August 16, 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.

The City shall not be responsible for proposals that are delinquent, lost, incorrectly marked, sent to an address other than that given herein, or sent by mail or courier service and not signed for by the City.

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K. General Conditions

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

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

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

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

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

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

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

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

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

Publication Date of RFP: August 2, 2022
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Exhibit A
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.

STREET LIGHT POLE REPLACEMENT SERVICES
The Public Works Department, Operation & Maintenance Division is responsible for maintenance and repair of streetlights owned by the City of San Bernardino. Currently the City has approximately 75 street light poles that have been knocked down and need to be replaced.

The goal of the Street Light Maintenance program is to keep all streetlights operational. The intent of this Request for Proposal is to solicit proposals from qualified CONTRACTORS with experience in providing street light pole replacement services. The city is looking for the most responsive and responsible CONTRACTOR that will be committed to provide the best level of service in replacing damaged and missing the City’s street light poles. Through a formal bid process, the City of San Bernardino intends to enter into an agreement with a qualified CONTRACTOR for street light pole replacement services.

The CONTRACTOR will be expected to use its own equipment, tools, and manpower to repair the City’s Street lights.

1. SCOPE OF WORK
The CONTRACTOR will replace knocked down and damaged street lighting standards.

Where a pole base is present the CONTRACTOR will set a new pole, mast arm, fixture, wiring, and fuse holders so streetlight is fully operational. The CONTRACTOR will also pour a concrete cap around the pole base so it is flush with the sidewalk. When the pole to be replaced is a direct burial pole the CONTRACTOR will dig and pour a new concrete base following the City Street Lighting Specifications. The CONTRACTOR will set the new pole after waiting 3 days or 72 hours. The CONTRACTOR will then follow the guidelines outlined for replacing a pole as previously stated.

All poles must be replaced within 10 working days of notification by the City. PLEASE NOTE: Exceptions may be granted due to national supply chain delays and shortages.

2. EQUIPMENT, PERSONNEL AND SUPPLIES
The CONTRACTOR will provide all materials, poles, mast arms, anchor bolts, and fixtures with lamp and photocells, equipment, and trained personnel to provide timely replacement.

The city uses the following materials:

Pole – C1 (23’) F6 #37 with anti-graffiti coating
Packet Pg. 4365
Exhibit A
Pole – C1 (25’) F6 #37 with anti-graffiti coating
Pole – C1 (28’) F8 #37 with anti-graffiti coating
Pole – Ornamental Ameron Olympican 23CT11
Pole – Ameron Type A-1, MBO 7.0, 113 AG, with 6’ aluminum mast arm Pole – Ameron Type A-2, MBO 7.5, 113 AG, with 6’ aluminum mast arm Pole – Ameron Type A-3, MBO 8.0, 113 AG, with 6’ aluminum mast arm Pole – Ameron Type A-4, MBO 8.5, 113 AG, with 6’ aluminum mast arm 70w (equivalent) LED Street Light (cobra head)
100w (equivalent) LED Street Light (cobra head)
150w (equivalent) LED Street Light (cobra head)
200w (equivalent) LED Street Light (cobra head)
250w (equivalent) LED Street Light (cobra head)
400w (equivalent) LED Street Light (cobra head)
Acorn Globe (for ornamental pole)
The city will supply lockable pull box covers, tamper resistant bolts, cover plates, and key tool for the bolts.

3. STANDARDS OF PERFORMANCE
Services shall be performed under the Contract in a skillful and competent manner; consistent with the standards generally recognized as being employed by licensed electricians in the same discipline in the State of California. The CONTRACTOR represents and maintains that it is skilled in the professional calling necessary to perform the Services. The CONTRACTOR warrants that all employees and subcontractors shall have sufficient skill, experience, and license to perform the services assigned to them.

4. WASTE DISPOSAL
City Yard

5. FIXED FEE
Provide a pricing proposal that is a fixed fee per streetlight replaced and a fixed fee per base replaced. Prices should be listed on the Price Form.

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

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

Packet Pg. 4366
Exhibit A

6. PREVAILING WAGE
For the work to be completed on City property, the prime CONTRACTOR and all subcontractors are required to pay their laborers and mechanics employed under this Contract a wage not less than minimum wage classification, as specified in both the Federal and State Wage Decision when the Contract amount exceeds $2,000. The higher of the two applicable wage classifications, either State Prevailing Wage or Davis-Bacon Federal Prevailing Wage, will be enforced for all work under this Contract. The prime contractor is responsible for ensuring subcontractor complies with Davis-Bacon and related Act Requirements. The Federal Labor Standards Provisions (HUD 4010) apply to this project.

7. SUBCONTRACTORS
The CONTRACTOR must disclose all subcontractors prior to being awarded the bid.

8. CONTRACT LENGTH
The length of this contract shall be for one (1) year with four (4) one-year extensions at the City’s option.

9. REFERENCE LIST
Provide three (3) local government agencies and/or company’s previous or current contact references that support your ability to provide street light maintenance services.

10. EXPERIENCE
The CONTRACTOR shall be knowledgeable of matters pertaining to street lighting, such as energy efficiency, light pollution and applicable municipal and financial processes in the City of San Bernardino. The CONTRACTOR must have a minimum of five (5) years’ experience in providing quality street light pole replacement services.

The City of San Bernardino desires a CONTRACTOR that considers street light pole replacement services a high priority. The CONTRACTOR shall demonstrate its ability to complete the following:

1. Capable of troubleshooting energized systems

2. Capable of using sheath fault locating equipment

3. Capable of line locating

11. QUALIFICATIONS/LICENSES
Qualified personnel shall perform all services. All work with the exception of the replacement of bulbs and photocells shall be performed by licensed electricians or journeyman lineman or under the direct supervision of a licensed electrician or journeyman lineman. Street light systems are generally “live” systems which means the lines are hot from the service point, through the conduit, up the pole and to the photocell. A journeyman electrician with high voltage splicing training shall be required to work on live systems. The CONTRACTOR represents that it, its employees and subcontractors have all licenses, permits, qualifications Packet Pg. 4367
Exhibit A
and approvals of whatever nature that are legally required to perform the Services, including a City business License, and that such licenses and approvals shall be maintained throughout the term that services are provided. The qualified contractor must have current C-10 California Contractors license.

12. CONTRACTOR NON-COMPLIANCE
A. If the Public Works Department Director, or designee, determines that there are deficiencies in the performance of this Contract, the Public Works Director, or designee, will provide a written notice to the CONTRACTOR stating the deficiencies and specifying a time frame to correct the specified deficiencies. This time frame shall be reasonable, as determined by the Public Works Department Director, or designee, to correct the specified deficiencies.

B. Should the CONTRACTOR fail to correct any deficiencies within the stated time frame, the Public Works Department Director, or designee, may exercise the following measures:

1. Deduct from the CONTRACTOR’S payment the amount necessary to correct the deficiency, including City overhead costs and impose a deficiency deduction.

2. Withhold the entire or partial payment.

3. Terminate the contract and award to second bidder.

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

Packet Pg. 4368
Exhibit B

EXHIBIT B

CITY OF SAN BERNARDINO

MAINTENANCE SERVICE AGREEMENT
[***MODEL MAINTENANCE SERVICES AGREEMENT-
[***FOR MAINTENANCE SERVICES – DEFINED AS:
(1) Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. (2) Minor repainting.
(3) Resurfacing of streets and highways at less than one inch. (4) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. (5) Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher.**]

CITY OF SAN BERNARDINO

MAINTENANCE SERVICES AGREEMENT
PARTIES AND DATE.

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

RECITALS.

Contractor.

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

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

Packet Pg. 4369
Exhibit B
Project.

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

TERMS.

Scope of Services and Term.

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

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

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

Responsibilities of Contractor.

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

Packet Pg. 4370
Exhibit B
Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

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

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

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

Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. [***INCLUDE THE FOLLOWING SENTENCE ONLY IF YOU’RE INCLUDING LD’S – DELETE OTHERWISE – DON’T SIMPLY INSERT $0; ALSO DELETE “AND LIQUIDATED DAMAGES” Packet Pg. 4371
Exhibit B
FROM TITLE OF SECTION ***]Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of [***INSERT WRITTEN DOLLAR AMOUNT***] Dollars ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.

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

Packet Pg. 4372
Exhibit B
Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

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

Water Quality.

Packet Pg. 4373
Exhibit B
Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.

Insurance. [***CITY RISK MANAGER TO REVIEW TO DETERMINE WHETHER REQUIREMENTS AND LIMITS ARE ACCEPTABLE***]
Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

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

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; (4) Privacy/Network Security (Cyber), in a form and with insurance companies acceptable to City; and (5) Aviation and/or Drone Liability, in a form and with insurance companies acceptable to City. [***DELETE IF AVIATION LIABILITY IS NOT REQUIRED***]The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another.

Packet Pg. 4374
Exhibit B
Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability:[***INSERT AMOUNT - TYPICALLY $2,000,000 MINIMUM; and $4,000,0000 aggregate. HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] per occurrence for bodily injury, personal injury and property damage.

If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:[***INSERT AMOUNT - TYPICALLY $1,000,000 MINIMUM; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of [***INSERT AMOUNT - TYPICALLY $1,000,000 MINIMUM; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] per accident for bodily injury or disease; (4) Cyber Liability: :[***INSERT AMOUNT - TYPICALLY $1,000,000 PER OCCURRENCE/AGGREGATE; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY.

PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] for privacy breaches, system breaches, denial/loss of service, and introduction, implantation or spread of malicious software code; (5) Aviation/Drone Liability: [***INSERT AMOUNT - TYPICALLY $1,000,000 PER OCCURRENCE LIMIT; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] for bodily injury and property damage.[***DELETE IF AVIATION LIABILITY NOT REQUIRED***] Defense costs shall be paid in addition to the limits.

General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of San Bernardino, its directors, officials, officers, Packet Pg. 4375
Exhibit B
employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).

Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or Packet Pg. 4376
Exhibit B
others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

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

Packet Pg. 4377
Exhibit B
Bonds.
[***NOTE (READ AND DELETE THIS BLOCK BEFORE USING MODEL):

Some maintenance projects of more than $25,000 will require payment bonds by law. See generally Civil Code Section 9550 or speak to the City’s Purchasing Team or City Attorney***]
Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

Packet Pg. 4378
Exhibit B
Work Site.

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

Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction Packet Pg. 4379
Exhibit B
thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

Fees and Payments.

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

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

Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, Packet Pg. 4380
Exhibit B
employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

Termination of Agreement.

Packet Pg. 4381
Exhibit B
General Provisions.

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

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

Indemnification.

Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this indemnification section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and Packet Pg. 4382
Exhibit B
volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

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

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

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

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

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 Packet Pg. 4383
Exhibit B
service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

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

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

Federal Provisions.[***INCLUDE THIS SECTION ONLY IF APPLICABLE; DELETE OTHERWISE AND DELETE ASSOCIATED EXHIBIT. IF APPLICABLE, YOU MAY ALSO NEED TO INCLUDE SOME INFORMATION IN THE RFP. CONSULT AGENCY COUNSEL IF NECESSARY***]When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Packet Pg. 4384
Exhibit B
Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
Packet Pg. 4385
Exhibit B

SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

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

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

Best Best & Krieger LLP
City Attorney
[***INSERT NAME OF CONTRACTOR***]
Please do not sign unless bid has been
awarded to you
By:

Its:

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

Its:

Printed Name:
____________________________________
Contractor’s License Number
____________________________________
DIR Registration Number
Packet Pg. 4386
Exhibit C

EXHIBIT C

PRICE PROPOSAL 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:

Street Light Pole Replacement
Street Light Pole Replacement:

Item
No. Description Flat Rate Per Pole
1 1-20 Poles $
2 21-50 Poles $
3 51-75 Poles $
4 76-100 Poles $
TOTAL $
Base Replacement:

Item
No. Description Flat Rate Per Base
5 1 – 5 Bases $
6 6 – 10 Bases $
7 11 – 15 Bases $
8 16 – 20 Bases $
TOTAL $
Packet Pg. 4387
Exhibit C
Item
No. Description Total
9 Additional Fees (If any) $
10 Additional Fees (If any) $
11 Additional Fees (If any) $
TOTAL VENDOR QUOTE $
Total Number of Additional Pages:

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

Contractor’s License Number and Classification:

DIR Registration Number (if applicable): ____________________________ Packet Pg. 4388
 
  
 Packet Pg. 4389

Adopt Ordinance No. MC-1602 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

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

Discussion
On November 16, 2022, the Mayor and City Council introduced, read by title only, and waived further reading of Ordinance No. MC-1602. The Ordinance is now being returned to the Mayor and City Council for adoption.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Packet Pg. 4390
Fiscal Impact
There is no fiscal impact associated with the recommended action of this item. All costs associated with annexing property into the District has been borne by the Property Owner. By annexing the subject property into the District, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD 2019-1 and not through the City’s General Fund.

Conclusion
Adopt Ordinance No. MC-1602 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

Attachments
Attachment 1 – Ordinance No. MC-1602 (Ordinance Levying Special Taxes) Attachment 2 – Exhibit A – Description of Services
Attachment 3 – Exhibit B – Description of Territory
Attachment 4 – Project Location Map
Ward:

Third Ward
Synopsis of Previous Council Actions:

June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities
District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.”
July 17, 2019 Mayor and City Council adopted Resolution No. 2019-178 establishing Community Facilities District No. 2019-1;
Resolution No. 2019-179 declaring election results for
Community Facilities District No. 2019-1; and conducted the first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual
costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1
August 7, 2019 Mayor and City Council conducted the final reading of Ordinance No. MC-1522 levying special taxes to be
Packet Pg. 4391
collected during FY 2019-20 to pay annual costs of
maintenance, services, and expenses with respect to
Community Facilities District No. 2019-1.

October 6, 2022 Mayor and City Council adopted Resolution No. 2022-210, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.”
November 16, 2022 Mayor and City Council adopted Resolution No. 2022-235 calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Annexation No. 27), and adopted Resolution No. 2022-
236 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 27); and introduced Ordinance No. MC-1602 amending Ordinance No. MC1522.

Packet Pg. 4392
Ordinance No. MC-1602
1 ORDINANCE NO. MC-1602

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

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

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

MAINTENANCE AND SERVICING OF LANDSCAPING,

LIGHTING, WATER QUALITY IMPROVEMENTS,

GRAFFITI, STREETS, STREET SWEEPING, PARKS AND

TRAIL MAINTENANCE, A RESERVE FUND FOR

CAPITAL REPLACEMENT, AND ADMINISTRATIVE

EXPENSES WITH RESPECT TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and
WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on November 16, 2022, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, authorized the levy of a special tax within the District, and called an election within the District on Packet Pg. 4393
Ordinance No. MC-1602
2 the proposition of levying a special tax, and establishing an appropriations limit within the District; and
WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act.

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

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

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

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

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

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

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

John Valdivia, Mayor
City of San Bernardino
Packet Pg. 4394
Ordinance No. MC-1602
3 Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 4395
Ordinance No. MC-1602
4 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1602, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the ____ day of ______, 2022. Ordinance No. MC-1602 was approved, passed and adopted at a regular meeting held the ____ day of ______, 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk
Packet Pg. 4396

EXHIBIT A

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

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

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

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EXHIBIT B

DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 27 is currently comprised of ten (10) parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).

APN Owner Name
0280-032-07 SB Drake Central Avenue LLC
0280-032-08 SB Drake Central Avenue LLC
0280-032-09 SB Drake Central Avenue LLC
0280-032-10 SB Drake Central Avenue LLC
0280-032-11 SB Drake Central Avenue LLC
0280-032-13 SB Drake Central Avenue LLC
0280-032-14 SB Drake Central Avenue LLC
0280-032-15 SB Drake Central Avenue LLC
0280-032-37 SB Drake Central Avenue LLC
0280-032-38 SB Drake Central Avenue LLC
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WATER
M
A
N
AVE

HOLDEN DR

DRAKE DR
LEN
A
RD
VALLEY
VIEW
AVE
FOIS
Y
S
T
^_
£¤66

MILL ST
16TH ST

SPRUCE ST

S EI RRA WA

NINTH ST Y
2ND ST

MAGNOLIA AVE

ORANGE SHOW RD
4TH ST RANCHO AVE
17TH ST

BASE LINE ST

SECOND ST

PEPPER AV

PACIFIC ST

CEDAR AVE

T PI PECANOE ST

CENTRAL AVE

MER DI AI N AVE

SAN BERNARDINO AVE

MT VERNON AVE

NORMAN RD

PENNSYLVANIA AVE

WATERMAN AVE

CITRUS AVE

EUCALYPTUS AVE

DOOLITTLE DR

ACADEMY ST
MT V. IEW AVE

COLTON AVE

REDLANDS BLVD

MILL ST
·|þ}259
§¨¦215
§¨¦10
£¤66
CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 27

PROJECT MAP
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It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No 2022-260, approving the Final Map for Tract No. 20258 (Subdivision 18-17) involving the subdivision of a parcel containing approximately 1.06 acres into six (6) single family residential lots for a future planned residential development located at 575 N. Meridian Avenue (APN: 0142-325-04) within the Residential Suburban (RS) Zone; and accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the subdivision improvements.

Background
On December 3, 2018, the Planning Commission of the City of San Bernardino, California, approved Subdivision 18-17 (Tentative Tract Map 20258) allowing the subdivision of a parcel containing a total of approximately 1.06 acres into six (6) single family residential lots for a future planned residential development located at 575 N. Meridian Avenue (APN: 0142-325-04) within the Residential Suburban (RS) Zone, and finding the project subject to a categorical exemption under the California Environmental Quality Act.

Discussion
The proposed project consists of subdividing a parcel containing a total of approximately 1.06 acres into six (6) single family residential lots. The proposed detached lots are part of a planned residential development also approved on December 3, 2018, by the Planning Commission as Subdivision 18-17 (Tentative Tract Map 20258) per the same Resolution 2019-074-PC.

Pursuant to the requirements of Chapter 19.48 (Final and Parcel Maps) of the City of San Bernardino Development Code and the Subdivision Map Act, the applicant Packet Pg. 4400
has submitted a Final Map for Mayor and City Council action and final acceptance.

The City Engineer has reviewed the proposed Final Map for Tract No. 20258 and determined that the Final Map is in compliance with the Subdivision Map Act, the City’s ordinances regarding subdivisions, and with all conditions of approval.

California Environmental Quality Act (CEQA)
On December 3, 2018, pursuant to requirements of the California Environmental Quality Act (CEQA), the Planning Division of the Community Development Department evaluated Subdivision (Tentative Tract Map 20258) and determined that it is exempt from the CEQA pursuant to a categorical exemption (listed in CEQA Guidelines Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2.

The City Engineer has reviewed the tentative tract map with adopted conditions of approval and determined that the Final Map for Tract No. 20258 has been found to be in substantial conformance with the approved tentative tract map. 2021-2025 Strategic Targets and Goals
The adoption of a Resolution approving the Final Tract Map for Tract No. 20258 aligns with Key Target Goal No. 1: Improved Operational & Financial Capacity. Specifically, the transformation of existing vacant underutilized properties into productive single-family residential lots for the purpose of developing singlefamily residential homes meets the City’s economic development goals.

Fiscal Impact
There will be no fiscal impact associated with this action. All public infrastructure improvements required for this subdivision will be constructed by the developer at its sole cost. City services will be provided to this project similar to other residential projects in the City.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No 2022-260, approving the Final Map for Tract No. 20258 (Subdivision 18-17) involving the subdivision of a parcel containing approximately 1.06 acres into six (6) single family residential lots for a future planned residential development located at 575 N. Meridian Avenue (APN: 0142-325-04) within the Residential Suburban (RS) Zone; and accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the subdivision improvements.

Attachments
Attachment 1 Resolution 2022-260
Attachment 2 Final Tract Map for Tract 20258
Attachment 3 Subdivision Public Improvement Agreement
Attachment 4 Project Bonds
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Attachment 5 Resolution 2019-074-PC
Ward:

Sixth Ward
Synopsis of Previous Council Actions:

December 3, 2018 Mayor and City Council adopted Resolution No. 2019-074- PC Subdivision 18-17 approving Tentative Tract Map
20258.

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Resolution No. 2022-260
Resolution 2022-260
December 7, 2022

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RESOLUTION NO. 2022-260

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING FINAL MAP FOR TRACT NO. 20258
(SUBDIVISION 18-17) INVOLVING THE SUBDIVISION OF
PARCEL CONTAINING APPROXIMATELY 1.06 ACRES
INTO SIX (6) SINGLE FAMILY RESIDENTIAL LOTS FOR

A FUTURE PLANNED RESIDENTIAL DEVELOPMENT
LOCATED AT 575 N. MERIDIAN AVENUE (APN: 0142-325-
04) WITHIN THE RESIDENTIAL SUBURBAN (RS) ZONE;

AND ACCEPTING THE PUBLIC DEDICATIONS AS SET
FORTH ON SAID MAP; AND AUTHORIZING EXECUTION

OF THE STANDARD FORM OF AGREEMENT FOR THE
SUBDIVISION IMPROVEMENTS.

WHEREAS, on December 3, 2018, the Planning Commission of the City of San Bernardino approved Subdivision 18-17 for Tentative Tract Map 20258; and WHEREAS, the City Engineer has reviewed the approved Tentative Tract Map 20258 with conditions of approval, and has analyzed the Final Map for Tract No. 20258 in order to ensure consistency between the approved Tentative Tract Map 20251 with adopted conditions of approval and the final map requirements, and has determined that the Final Map for Tract No. 20258 has been found to be in substantial conformance with the approved Tentative Tract Map 20258; and WHEREAS, the Mayor and City Council find that proposed Tract Map 20258, located at 575 N. Meridian Avenue within the Residential Suburban (RS) zone together with the provisions of their design and improvement is consistent with the General Plan of the City of San Bernardino.

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

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

SECTION 2. The City Manager of the City of San Bernardino is authorized to execute the standard form Subdivision Improvement Agreement with MV Rentals, LLC., attached and incorporated herein as Exhibit A, for the improvements in said Tract Map as required by Title 19 of the San Bernardino Municipal Code and the California Subdivision Map Act. The time for performance is as specified in the Agreement. Said improvements are specifically described and shown on Drawings approved and on file in the office of the Community Development Department of the City of San Bernardino.

SECTION 3. On December 3, 2018, the Planning Commission adopted a City staff recommendation of a categorical exemption in accordance with Section 15300.2 of the California Environmental Quality Act for Subdivision 18-17 (Tentative Tract Map 20258).

Packet Pg. 4403
Resolution No. 2022-260
Resolution 2022-260
December 7, 2022

Page 2 of 3 ends

SECTION 4. The Final Map of said Tract Map is hereby approved and the City of San Bernardino hereby accepts as public property all dedications within the subdivision as shown on said Tract Map for streets, alleys (including access rights), drainage and other public easements.

As a condition precedent to approval of Tract Map, the Subdivider shall first execute the Agreement referenced in Section 2 hereof for the improvements within said Tract Map limits.

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of December 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. 2022-260
Resolution 2022-260
December 7, 2022

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-260, adopted at a regular meeting held on the 7th day of December 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk
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It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Approve the award of a construction contract with US Builders and Consultants of Irvine in the amount of $355,900 for Paul Villasenor and Howard Rowe libraries improvements; and

2. Authorize construction, construction contingency, and inspection costs in the total amount of $401,000 for Paul Villasenor and Howard Rowe libraries improvements; and

3. Authorize the City Manager or designee to execute all documents for Paul Villasenor and Howard Rowe libraries improvements with US Builders and Consultants; and

4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

Background
The City owns, maintains, and operates Paul Villasenor and Howard Rowe libraries.

Paul Villasenor library has been identified as needing restroom renovations and building rehabilitation, which includes painting and new flooring throughout the buildings to address long deferred maintenance and create safe environment to the community. Also, the work includes restroom renovations at Howard Rowe library.

Packet Pg. 4485
The work to be done by the Contractor as specified on the Plans and Specifications will consist of performing all operations necessary for the construction of all the improvements and conforming to the design shown on the Plans and in accordance with these Specifications.

The Contractor will furnish all materials, equipment, labor, supplies, and any appurtenant work that is necessary or incidental to complete the improvements, in a workman like manner, as contemplated and intended by the Plans and Specifications.

Discussion
Project No. 13476 to provide restrooms renovations and building rehabilitation at Paul Villasenor and restroom renovations at Howard Rowe libraries was advertised for public bidding on September 28, 2022, and September 29, 2022, in the San Bernardino County Sun Newspaper, F. W. Dodge, Construction Bid Board, High Desert Plan Room, Bid America Online, the City’s web sites.

Sealed bids were received and opened on October 27, 2022. The City received seven (7) bids as follows:

BIDDER CITY BID AMOUNT
US Builders and Consultants Irvine $355,900.00**
Cal State Construction
Management, Inc. Perris $420,000.00
Whitehead Construction Temecula $473,972.00*
ENL Building Services, Inc. Fullerton $532,900.00
Urban Professional Builders, Inc. Pasadena $730,000.00
Quality Light & Electric Bloomington $737,084.00
RM Electric Riverside Non-Responsive
*At the time of bidding, it was announced that Whitehead Construction was the apparent low bidder at $301,083. After a comprehensive review of the bids, it was determined, due to a mathematical error, the actual bid amount should have been $473,972. Therefore, results now reflect Whitehead Construction as being the third lowest bidder.
**Total bid amount submitted by US Builders and Consultants was $348,400. Due to a mathematical error in the bid, the corrected total bid amount is $355,900. With the error noted, US Builders and Consultants are the lowest responsible and responsive bidder.

RM Electric bid was non-responsive due to no bid bond.

The City has reviewed all bid packages and confirmed that US Builders and Consultants of Irvine, California, is the lowest responsible and responsive bidder, with a total bid amount of $355,900. If awarded by the Mayor and City Council, Packet Pg. 4486
construction is anticipated to begin in January 2023 and projected to be completed by March 2023.
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 project will result in public improvements being constructed that minimize risk and litigation exposure through restroom renovations and building rehabilitation for Paul Villasenor and Howard Rowe libraries.

Fiscal Impact
There is no General Fund impact associated with this action. Project budget for the proposed work was previously established through the adopted FY 2021/22 Capital Improvement Plan in the Measure S and Library Facilities Fund as follows:

ADA Compliance Villasenor Branch Library (Measure S) $500,000 ADA Compliance Rowe Branch Library (Fund 265) $200,000
Total Available Project Funding $700,000
The estimated project costs are summarized below:

Estimated Project Cost
Total Bid Amount $355,900.00
Construction Contingency $35,100.00
Engineering and Inspections $10,000.00
Total Contract Work $401,000.00
The lowest bid, with project contingency and engineering inspections, reflect a total project cost of $401,000. There is sufficient funding from FY 2021/22 that was carried forward into FY 2022/23 to complete the project.

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

1. Approve the award of a construction contract with US Builders and Consultants in the amount of $355,900 for Paul Villasenor and Howard Rowe libraries improvements; and

2. Authorize construction, construction contingency, and inspection costs in the total amount of $401,000 for Paul Villasenor and Howard Rowe libraries improvements; and

3. Authorize the City Manager or designee to execute all documents for Paul Villasenor and Howard Rowe libraries improvements with US Builders and Packet Pg. 4487
Consultants; and

4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

Attachments
Attachment 1 Contract Agreement
Attachment 2 Bid Tabulation
Attachment 3 Bid Proposal
Attachment 4 Location Map
Ward:

First Ward; Seventh Ward
Synopsis of Previous Council Actions:

June 16, 2021 Mayor and City Council adopted Resolution No. 2021-138 approving the FY 2021/22 proposed operating budget, Capital Improvement Program, and appropriation limit calculation.

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A G R E EM E N T

CITY OF SAN BERNARDINO
THIS AGREEMENT is made and concluded this 7
th day of December 2022, between the City of San
Bernardino (owner and hereinafter "CITY"), and US Builders & Consultants (hereinafter "CONTRACTOR").

1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the CITY, and under the conditions expressed in the bond as deposited with the CITY, receipt of which is hereby acknowledged, the CONTRACTOR agrees with the CITY, at the CONTRACTOR's own proper cost and expense in the Special Provisions to be furnished by the CITY, to furnish all materials, tools and equipment and perform all the work necessary to complete in good workmanlike and substantial manner the

ADA RESTROOM RENOVATIONS AT PAUL VILLASENOR LIBRARY AND HOWARD

ROWE LIBRARY
Project No. 13476
in strict conformity with Plans and Special Provisions No. 13476 , and also in accordance with Standard Specifications for Public Works/Construction, latest edition in effect on the first day of the advertised “Notice Inviting Sealed Bids” for this project, on file in the Office of the City Engineer, Public Works Department, City of San Bernardino, which said Plans and Special Provisions and Standard Specifications are hereby especially referred to and by such reference made a part hereof.

1. The CONTRACTOR agrees to receive and accept the prices as set forth in the Bid Schedule as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the work and the whole thereof, in the manner and according to the Plans and Special Provisions, and requirements of the Engineer under them.

2. The CONTRACTOR herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on the basis of race, color, national origin, religion, sex, marital status, or ancestry in the performance of this contract, nor shall the CONTRACTOR or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection of subcontractors, vendees, or employees in the performance of this
A-1
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ADA RESTROOM RENOVATIONS AT PAUL VILLASENOR LIBRARY AND HOWARD

ROWE LIBRARY
Project No. 13476
contract. Failure by the CONTRACTOR to carry out these requirements is a material breach of This contract, which may result in the termination of this contract or such other remedy, as recipient deems appropriate.

4. CITY hereby promises and agrees with the said CONTRACTOR to employ, and does hereby employ the said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the same parties for themselves, their heirs, executors, administrators, and assigns, do hereby agree to the full performance of the covenants herein contained.

5. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said CONTRACTOR, then this instrument shall control, and nothing herein shall be considered as an acceptance of said terms of said bid conflicting herewith.

IN WITNESS WHEREOF, the parties of these presents have executed this contract in four (4) counterparts, each of which shall be deemed an original in the year and day first above mentioned.

CONTRACTOR CITY OF SAN BERNARDINO
NAME OF FIRM:

Espinoza Electric, Inc. dba Quality
And Electric BY:
_______________________________
ROBERT D. FIELD,
City Manager
BY: _______________________________
TITLE: ATTEST:

MAILING ADDRESS:
11055 Alder Avenue _______________________________

GENOVEVA ROCHA
City Clerk
___Bloomington, CA 92316___________
PHONE NO.: ( 909) 421-8668__________ APPROVED AS TO FORM:

ATTEST: _______________________________
SONIA CARVALHO, City Attorney
____________________________________
Secretary
NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest.

A-2
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BID TABULATION
FOR

ADA RESTROOM RENOVATIONS AT PAUL VILLASENOR LIBRARY AND HOWARD ROWE LIBRARY SPECIAL PROVISIONS NO. 13476
ITEM
NO.

BID ITEM DESCRIPTION ESTIMATED

QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 Mobilization/Demobilization 1 LS $ 8,904.00 $ 8,904.00 $ 3,000.00 $ 3,000.00 $ 15,110.00 $ 15,110.00 $ 10,000.00 $ 10,000.00 $ 9,000.00 $ 9,000.00 $ - $ - 2 Demolition: Restrooms, Doors, Frames,
Hardware, Unclassified and Dump Fees 1 LS $ 10,496.00 $ 10,496.00 $ 8,000.00 $ 8,000.00 $ 8,298.00 $ 8,298.00 $ 10,000.00 $ 10,000.00 $ 9,000.00 $ 9,000.00 $ - $ - 3 Install Two New Restroom Doors (Single)
Including Frame, Hardware, Exit Devise, Infill
Framing & Drywall and Signage per Project
Plans, Specifications, and Special Provisions
1 LS $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 9,269.00 $ 9,269.00 $ 8,000.00 $ 8,000.00 $ 19,000.00 $ 19,000.00 $ - $ - 4 Misc. Architectural repairs to Existing Plaster
Restroom Walls & Gypsum Board Ceiling
System Including Insulation and Ceiling Panels
per Project Plans, Specifications and Special
Provisions
1 LS $ 10,000.00 $ 10,000.00 $ 6,000.00 $ 6,000.00 $ 8,560.00 $ 8,560.00 $ 10,000.00 $ 10,000.00 $ 7,000.00 $ 7,000.00 $ - $ - 5 Floor Preparation, Subfloor Repair if needed
and Installation of Tile for Proposed Restrooms
per Project Plans, Specifications and Special
Provisions
1 LS $ 30,000.00 $ 30,000.00 $ 4,000.00 $ 4,000.00 $ 7,379.00 $ 7,379.00 $ 35,000.00 $ 35,000.00 $ 4,000.00 $ 4,000.00 $ - $ - 6 New Installation of Ceiling & Wall Framing
with Gypsum Board with Insulation, Paint and
Ceramic Wall & Floor Tile with Base for
Proposed Restrooms per Project Plans,
Specifications and Special Provisions
1 LS $ 40,000.00 $ 40,000.00 $ 15,000.00 $ 15,000.00 $ 19,426.00 $ 19,426.00 $ 40,000.00 $ 40,000.00 $ 38,000.00 $ 38,000.00 $ - $ - 7 New Restroom Upgrades to Finish and Install
Plumbing Fixtures, Partitioning, Misc. Items,
Counter Sink and Accessories per Project
Plans, Specifications and Special Provisions
1 LS $ 22,000.00 $ 22,000.00 $ 25,000.00 $ 25,000.00 $ 21,782.00 $ 21,782.00 $ 18,000.00 $ 18,000.00 $ 46,000.00 $ 46,000.00 $ - $ - 8 Removed 1 LS $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - 9 New Restroom Upgrades to Finish and Install
Electrical Fixtures, Outlet’s, Conduit, Wiring,
Misc. Items, and Accessories per Project Plans,
Specifications and Special Provisions
1 LS $ 17,000.00 $ 17,000.00 $ 4,000.00 $ 4,000.00 $ 7,168.00 $ 7,168.00 $ 4,000.00 $ 4,000.00 $ 12,000.00 $ 12,000.00 $ - $ - TOTAL BID SCHEDULE 1 Totals
5TH LOW

URBAN PROFESSIONAL

BUILDERS INC
6TH LOW

QUALITY LIGHT & ELECTRICAL
$ 144,000.00 $ 123,801.00
BID OPENING: 2:00 P.M., October 27, 2022
BID SCHEDULE 1

ADA RESTROOM RENOVATIONS

AT HOWARD ROWE LIBRARY

APPARENT LOW

BIDDER US

BUILDERS
$ 148,400.00 $ 75,000.00
4TH LOW

ENL BUILDING SERVICES
INC
$ 135,000.00
3RD LOW

WHITEHEAD

CONSTRUCTION
$ 96,992.00
2ND LOW

CAL STATE

CONSTRUCTION

MANAGEMENT INC
Packet Pg. 4491
ITEM
NO.

BID ITEM DESCRIPTION ESTIMATED

QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 Mobilization/Demobilization 1 LS $ 12,000.00 $ 12,000.00 $ 4,000.00 $ 4,000.00 $ 28,060.00 $ 28,060.00 $ 25,000.00 $ 25,000.00 $ 14,000.00 $ 14,000.00 $ - $ - 2 Demolition: Restrooms, Doors, Frames, Hardware, Unclassified and Dump Fees 1 LS $ 10,000.00 $ 10,000.00 $ 12,000.00 $ 12,000.00 $ 14,655.00 $ 14,655.00 $ 15,000.00 $ 15,000.00 $ 14,000.00 $ 14,000.00 $ - $ - 3 Install Two New Restroom Doors (Single) Including Frame, Hardware, Exit Devise, Infill Framing & Drywall and Signage per Project Plans, Specifications, and Special Provisions 1 LS $ 12,000.00 $ 12,000.00 $ 17,000.00 $ 17,000.00 $ 11,359.00 $ 11,359.00 $ 8,000.00 $ 8,000.00 $ 20,000.00 $ 20,000.00 $ - $ - 4 Misc. Architectural repairs to Existing Plaster Restroom Walls & Gypsum Board Ceiling System Including Insulation and Ceiling Panels per Project Plans, Specifications and Special Provisions 1 LS $ 7,000.00 $ 7,000.00 $ 10,000.00 $ 10,000.00 $ 16,650.00 $ 16,650.00 $ 20,000.00 $ 20,000.00 $ 13,000.00 $ 13,000.00 $ - $ - 5 Floor Preparation, Subfloor Repair if needed and Installation of Tile for Proposed Restrooms per Project Plans, Specifications and Special Provisions 1 LS $ 23,690.00 $ 23,690.00 $ 10,000.00 $ 10,000.00 $ 17,785.00 $ 17,785.00 $ 30,000.00 $ 30,000.00 $ 4,000.00 $ 4,000.00 $ - $ - 6 New Installation of Ceiling & Wall Framing with Gypsum Board with Insulation, Paint and Ceramic Wall & Floor Tile with Base for Proposed Restrooms per Project Plans, Specifications and Special Provisions
1 LS $ 15,000.00 $ 15,000.00 $ 10,000.00 $ 10,000.00 $ 37,618.00 $ 37,618.00 $ 45,000.00 $ 45,000.00 $ 58,000.00 $ 58,000.00 $ - $ - 7 New Restroom Upgrades to Finish and Install Plumbing Fixtures, Partitioning, Misc. Items, Counter Sink and Accessories per Project Plans, Specifications and Special Provisions 1 LS $ 15,000.00 $ 15,000.00 $ 50,000.00 $ 50,000.00 $ 35,748.00 $ 35,748.00 $ 30,000.00 $ 30,000.00 $ 64,000.00 $ 64,000.00 $ - $ - 8 Removed 1 LS $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - 9 New Restroom Upgrades to Finish and Install Electrical Fixtures, Outlet’s, Conduit, Wiring, Misc.

Items, and Accessories per Project Plans, Specifications and Special Provisions 1 LS $ 10,000.00 $ 10,000.00 $ 7,000.00 $ 7,000.00 $ 11,013.00 $ 11,013.00 $ 6,000.00 $ 6,000.00 $ 16,000.00 $ 16,000.00 $ - $ - 10 Remove and Dispose All Existing Wallpaper in the Community Room, Entrance Between Restrooms, Reception Area and Computer Lab Per Project Specifications and Special Provisions. 3,000 SF $ 2.00 $ 6,000.00 $ 3.00 $ 9,000.00 $ 1.10 $ 3,300.00 $ 2.00 $ 6,000.00 $ 4.00 $ 12,000.00 $ - $ - 11 Clean, Repair Drywall, Primer & Paint Interior Walls in the Community Room, Entrance Between Restrooms, Reception Area and Computer Lab Per Project Specifications and Special Provisions. 3,000 SF $ 3.00 $ 9,000.00 $ 6.67 $ 20,000.00 $ 3.30 $ 9,900.00 $ 2.50 $ 7,500.00 $ 9.00 $ 27,000.00 $ - $ - 12 Remove and Dispose All Existing Tile Located at the Entrance of Library and In Between Restrooms Per Project Specifications and Special Provisions. 650 SF $ 2.00 $ 1,300.00 $ 12.31 $ 8,000.00 $ 4.90 $ 3,185.00 $ 4.00 $ 2,600.00 $ 10.00 $ 6,500.00 $ - $ - 13 Clean, Prepare and Install New Tile Located near the Entrance of Library and In Between Restrooms Per Project Specifications and Special Provisions. 650 SF $ 15.00 $ 9,750.00 $ 18.46 $ 12,000.00 $ 16.10 $ 10,465.00 $ 12.00 $ 7,800.00 $ 55.00 $ 35,750.00 $ - $ - 14 7 Large Bookshelves are to be Unfastened, Removed, Stored, and Put back in Place. As well as Refastened Per Project Specifications and Special Provisions. 1 LS $ 2,000.00 $ 2,000.00 $ 7,500.00 $ 7,500.00 $ 4,600.00 $ 4,600.00 $ 8,000.00 $ 8,000.00 $ 14,000.00 $ 14,000.00 $ - $ - 15 6 Medium Bookshelves & 14 Study Tables are to be Removed, Stored, and Put back in Place After Installation of Carpet Tile Per Project Specifications and Special Provisions. 1 LS $ 2,000.00 $ 2,000.00 $ 7,500.00 $ 7,500.00 $ 3,600.00 $ 3,600.00 $ 5,000.00 $ 5,000.00 $ 18,000.00 $ 18,000.00 $ - $ - 16 Remove, Dispose & Replace All Existing Base Molding Located in the Community Room, Entrance of Library, In Between Restrooms, Large Adult/Children Room, Librarian’s office, Photo-Copy Room, Reception Area, Periodical Storage and Computer Lab Per Project Specifications and Special Provisions.
800 LF $ 2.00 $ 1,600.00 $ 7.50 $ 6,000.00 $ 6.05 $ 4,840.00 $ 6.00 $ 4,800.00 $ 6.00 $ 4,800.00 $ - $ - 17 Remove and Dispose All Existing Carpet Located in the Community Room, Large Adult/Children Room, Librarian’s office and Photo-Copy Room Per Project Specifications and Special Provisions. 8,000 SF $ 0.50 $ 4,000.00 $ 1.25 $ 10,000.00 $ 1.80 $ 14,400.00 $ 1.00 $ 8,000.00 $ 2.00 $ 16,000.00 $ - $ - 18 Clean, Prepare and Install New Carpet Tile Located in the Community Room, Large Adult/Children Room, Librarian’s office and Photo-Copy Room Per Project Specifications and Special Provisions. 8,000 SF $ 5.00 $ 40,000.00 $ 6.88 $ 55,000.00 $ 5.60 $ 44,800.00 $ 10.10 $ 80,800.00 $ 9.00 $ 72,000.00 $ - $ - 19 Remove and Dispose All Existing Vinyl Located in the Reception Area, Periodical Storage and Computer Lab Per Project Specifications and Special Provisions. 1,200 SF $ 0.50 $ 600.00 $ 3.33 $ 4,000.00 $ 6.60 $ 7,920.00 $ 4.00 $ 4,800.00 $ 4.00 $ 4,800.00 $ - $ - 20 Clean, Prepare and Install New Vinyl Tile Located in the Reception Area, Periodical Storage and Computer Lab Per Project Specifications and Special Provisions. 1,200 SF $ 2.00 $ 2,400.00 $ 6.67 $ 8,000.00 $ 12.50 $ 15,000.00 $ 10.00 $ 12,000.00 $ 6.00 $ 7,200.00 $ - $ - 21 Remove, Dispose and Replace All Existing Bulletin Board Wall Panels (9’ by 4’) Located in the Entrance of Library and Computer Lab Per Project Specifications and Special Provisions. 18 EA $ 20.00 $ 360.00 $ 833.33 $ 15,000.00 $ 980.00 $ 17,640.00 $ 1,000.00 $ 18,000.00 $ 200.00 $ 3,600.00 $ - $ - 22 Remove, Dispose and Replace All Existing Florescent Light Bulbs with LED Lights of Same Size Per Project Specifications and Special Provisions. 60 EA $ 20.00 $ 1,200.00 $ 66.67 $ 4,000.00 $ 21.00 $ 1,260.00 $ 30.00 $ 1,800.00 $ 50.00 $ 3,000.00 $ - $ - 23 Remove, Dispose and Replace All Existing T-Bar Ceiling Tiles (4’ by 2’) Located in the Community Room Per Project Specifications and Special Provisions. 2,000 SF $ 2.00 $ 4,000.00 $ 8.00 $ 16,000.00 $ 4.20 $ 8,400.00 $ 4.00 $ 8,000.00 $ 11.00 $ 22,000.00 $ - $ - 24 Remove, Dispose and Replace All Existing Electrical Outlets Per Project Specifications and Special Provisions. 60 EA $ 10.00 $ 600.00 $ 66.67 $ 4,000.00 $ 28.10 $ 1,686.00 $ 50.00 $ 3,000.00 $ 100.00 $ 6,000.00 $ - $ - 25 Remove, Dispose and Replace All Existing Electrical Light Switches Per Project Specifications and Special Provisions. 20 EA $ 10.00 $ 200.00 $ 200.00 $ 4,000.00 $ 29.30 $ 586.00 $ 50.00 $ 1,000.00 $ 100.00 $ 2,000.00 $ - $ - 26 Patch, Prepare, Primer & Paint Exterior Walls & Columns of the Entire Building Per Project Specifications and Special Provisions. 7,000 SF $ 1.4280 $ 10,000.00 $ 1.86 $ 13,000.00 $ 3.40 $ 23,800.00 $ 2.00 $ 14,000.00 $ 6.00 $ 42,000.00 $ - $ - 27 Refurbish & Paint All Existing Wood Beams Located Outside of The Library Per Project Specifications and Special Provisions. 2,500 SF $ 2.00 $ 5,000.00 $ 1.60 $ 4,000.00 $ 4.40 $ 11,000.00 $ 3.00 $ 7,500.00 $ 15.00 $ 37,500.00 $ - $ - 28 Sand Blast, Primer & Paint Wrought Iron Fence Segments Located Outside of The Library Per Project Specifications and Special Provisions. 700 SF $ 3.00 $ 2,100.00 $ 8.57 $ 6,000.00 $ 12.00 $ 8,400.00 $ 8.00 $ 5,600.00 $ 30.00 $ 21,000.00 $ - $ - 29 Remove, Dispose and Replace All Existing Floor Tile & Concrete Subfloor Located Outside the Entrance of the Building With 4 Inch PCC Concrete Panels Per City of San Bernardino Standard 202; Project Specifications and Special Provisions.
350 SF $ 2.00 $ 700.00 $ 34.29 $ 12,000.00 $ 26.60 $ 9,310.00 $ 40.00 $ 14,000.00 $ 80.00 $ 28,000.00 $ - $ - TOTAL BID SCHEDULE 2 Totals
GRAND TOTAL Totals $ 355,900.00 $ 420,000.00 $ 473,972.00 $ 534,200.00 $ 730,150.00 $ 737,084.00 BID OPENING: 2:00 P.M., October 27, 2022
BID SCHEDULE 2

ADA RESTROOM RENOVATIONS AT VLLASENOR LIBRARY

APPARENT LOW
BIDDER

US BUILDERS
2ND LOW

CAL STATE

CONSTRUCTION

MANAGEMENT INC
6TH LOW

QUALITY LIGHT &

ELECTRICAL
$ 613,283.00
4TH LOW

ENL BUILDING SERVICES
INC
$ 207,500.00 $ 345,000.00 $ 376,980.00 $ 399,200.00
5TH LOW

URBAN PROFESSIONAL

BUILDERS INC
$ 586,150.00
3RD LOW

WHITEHEAD

CONSTRUCTION
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APPENDIX A

LOCATION MAP
108 E Marshall Blvd, San Bernardino, CA 92404.

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LOCATION MAP
525 N Mt Vernon Ave, San Bernardino, CA 92411.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 7, 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: Maintenance Agreement with San Bernardino County Transportation Authority (SBCTA) for Tippecanoe
Station Operations and Maintenance Agreement
(Ward 1)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approving the Maintenance Agreement with San Bernardino County Transportation Authority (SBCTA) for Tippecanoe Station Operations and Maintenance Agreement. Authorize the City Manager to execute the maintenance agreement.

Background
The Redlands Passenger Rail Project is an innovative nine-mile regional rail project that provides additional transportation choices through the introduction of a new rail service, known as the Arrow, which integrates conveniently with other modes of transportation such as auto, bus transit and bicycle. The Arrow will connect San Bernardino and Redlands and will offer residents, businesses, and visitors a new commuting option to travel to a variety of leisure, education, healthcare, and other destinations.

Diesel Multiple Units (DMUs) have been identified as the preferred vehicle to provide primary service for the project. The DMUs are powered by an on-board lowemission, clean diesel engine which are smaller, quieter, more efficient, and cheaper to operate than standard locomotive haul coaches, like Metrolink. DMUs work interoperable on the same track as Metrolink and freight train services which allows for all three train services to use the same track in the existing corridor.

In addition to local commuter service, a Metrolink locomotive hauled coach train will also provide round trip express service from Redlands-to-Los Angeles each morning Packet Pg. 4515
with a return trip from Los Angeles-to-Redlands each evening.

Discussion
The Redlands Passenger Rail Project (RPRP) includes four new stations and one reconfigured station, each requiring a new agreement with the local jurisdiction for maintenance and security.

The Operations and Maintenance Agreement No. 20-1002253 by and between SBCTA and the City of San Bernardino sets forth responsibilities and obligations regarding the operations and maintenance of the Tippecanoe Station. This agreement is consistent with agreements between SBCTA and other cities that have a Metrolink station, wherein the cities accept responsibility for the security and maintenance of the stations within their respective jurisdiction. It is expected that the City is better suited to provide the necessary security and maintenance services for the station areas and facilities considered to be non-operating property because cities in general benefit from greater economies of scale than SBCTA in providing these services.

Key elements of the agreement include:
• The City of San Bernardino is responsible for the security and maintenance of the non-operating property, including station platforms. • Consistent with the other agreements, SBCTA will be responsible for the City of San Bernardino's costs of non-operating property security and maintenance for the first two years of service at the station. • Agreement with the City to meet and confer no later than eighteen (18) months after the start of revenue service to jointly re-examine the minimumsecurity requirements. Thus, allowing the City to assess the security needs. 2021-2025 Strategic Targets and Goals
This project is consistent with Goal No 1d: Improved Operational & Financial Capacity. This Agreement will create a framework for spending decisions through the operation and maintenance of infrastructures built for the Redlands Passenger Rail Project.

Fiscal Impact
Overall fiscal impacts are not known at this time. However, the costs incurred by the City of San Bernardino will be fully reimbursed by SBCTA for the first two years of operation. The reimbursement will occur quarterly. In 18 months, we will evaluate the maintenance, security needs and budget accordingly.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the Maintenance Agreement with San Bernardino County Transportation Authority (SBCTA) for Tippecanoe Station Operations and Maintenance Agreement. Authorize the City Manager to excecute the maintenance Packet Pg. 4516
agreement
Attachments
Attachment 1 Tippecanoe Station Agreement No. 22-1002253 Ward:

First Ward
Synopsis of Previous Council Actions:

None
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SBCTA Contract No. 20-1002253
AGREEMENT NO. 20-1002253

BY AND BETWEEN

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF SAN BERNARDINO
FOR

TIPPECANOE STATION

OPERATIONS AND MAINTENANCE AGREEMENT
THIS AGREEMENT (“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”) and the CITY OF SAN BERNARDINO (“CITY”). SBCTA and CITY are sometimes individually referred to as “PARTY” and collectively referred to as the “PARTIES.”
WHEREAS, the CITY and SBCTA previously entered into a Memorandum of Understanding, SBCTA Contract No. 15-1001182, dated September 16, 2015, with regard to planning, design, construction, operation and maintenance as they relate to the PARTIES’ responsibilities for planning, design, construction, operation, and maintenance of the Redlands Passenger Rail Project (“PROJECT”); 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 Tippecanoe Station; and
WHEREAS, after this AGREEMENT has been in effect for 18 months, the PARTIES will meet and evaluate the performance and costs of the security service provided under this AGREEMENT, and will mutually agree upon any revisions needed to the level of effort for security provided under this AGREEMENT; and
NOW, THEREFORE, the PARTIES hereby mutually agree as follows:

DEFINITIONS

1.1. 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 common and ordinary meaning.
a. “Non-Operating Property” shall refer to such real property and facilities, excluding Packet Pg. 4518
SBCTA Contract No. 20-1002253
Operating Property, on which the Commuter Rail Station is situated, shown as Area “A” on Exhibit “A”, Property. Non-Operating Property shall also include the Standard Platform and the Kiss and Ride.
b. “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, shown as Area “B” on Exhibit “A”, Property. 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, and is inclusive of fixtures upon the Station Platform, including but not limited to canopy structures. d. “Station Site” shall refer to SBCTA’s real property, purchased from the Atchison, Topeka and Santa Fe Railway Company and/or other persons, upon which the subject Tippecanoe Station is built, as shown on 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” and Area “B” on Exhibit “A,” Property.
f. “SCRRA” shall refer to the Southern California Regional Rail Authority. g. “Betterments” shall refer to facilities which exceed SCRRA’s standard platform specifications or are not otherwise required by CITY zoning or building regulations. h. “Kiss and Ride” shall refer to the paved turn-out on the west side of Tippecanoe Avenue north of Victoria Avenue.
i. “Arrow” shall refer to the commuter rail service operated by SCRRA.

II.

PURPOSE OF COOPERATIVE AGREEMENT

2.1. Maintenance and Security of the Commuter Rail Station. The purpose of this AGREEMENT shall be to provide for the maintenance and security of the Commuter Rail Station.

III.

OWNERSHIP OF PROPERTY

3.1. Commuter Rail Station Vesting of Title. The PARTIES agree that title to the Commuter Rail Station shall be held as follows:
a. CITY shall hold a permanent easement acquired for the PROJECT for the Kiss and Ride and walkway improvements leading to the Station Platform, located in the Tippecanoe Avenue public right of way.
b. SBCTA shall hold title to the Commuter Rail Station – Non-Operating and Operating Property, shown as Area “A” and “B” on Exhibit “A”.

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IV.

TERM OF AGREEMENT

4.1. Term. The term of this AGREEMENT is hereby effective on the date the last PARTY signs it, and shall continue thereafter until terminated as provided for in Article XV - Termination of Agreement.

COMMUTER RAIL STATION

5.1. Maintenance of Commuter Rail Station. CITY shall oversee the maintenance of the Commuter Rail Station Non-Operating Property except as stated in Section 5.1.c. The Commuter Rail Station platform maintenance areas are shown as Area “A”, Commuter Rail Station Non-Operating Property, on Exhibit “A”, Property. a. CITY 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 Non-Operating Property, including, but not limited to, the costs of real property and liability insurance, maintenance of the Standard Platforms, signage, security, perimeter landscaping, and lighting. c. PARTIES understand and agree that SCRRA is solely responsible for all costs required for SCRRA to operate and maintain the CCTV Security Cameras, Commuter Information System (CIS), and Ticket Vending Devices (TVD) located within these obligations; neither CITY nor SBCTA shall be held responsible for the operation or maintenance of such facilities.

5.2. Commuter Rail Station Security. CITY shall arrange for and provide security to the Commuter Rail Station Non-Operating Property.
a. CITY shall be 100% responsible for all costs to provide security to the Commuter Rail Station Non-Operating Property.
b. CITY shall arrange for the provision of security for the Commuter Rail Station NonOperating Property to ensure customer safety during commuter periods. Security shall be provided by uniformed guards from 30 minutes before the first train is scheduled to arrive until 30 minutes after the last scheduled train departs. c. The “Level of Security” to establish minimum security requirements shall be jointly developed by the PARTIES. CITY station security responsibilities shall not extend to security inside the trains. SBCTA is supportive of CITY, or its security contractor, being allowed to enter the trains to follow a person of interest relevant to the provision of security at the station. The PARTIES agree to meet and confer no later than eighteen (18) months after the start of revenue service to jointly re-examine the minimum-security requirements for the Commuter Rail Station Non-Operating Property.

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5.3. License. For the term of this AGREEMENT, CITY has a license to enter the portion of the railroad right of way upon which the Commuter Rail Station Site Non-Operating Property improvements are located expressly for the purpose of carrying out CITY’s duties and obligations hereunder and to operate and maintain the Non-Operating facilities located upon SBCTA’s right-of-way, including but not limited to, the Standard Platforms.

5.4. First Two Years Costs. Notwithstanding the CITY's responsibility for costs in Section 5.1 and 5.2 above, SBCTA shall be responsible for 100% of the CITY’s costs described therein for the first two years, commencing with the inauguration of the Arrow Service.

VI.

COMMUTER RAIL STATION BETTERMENTS

6.1. Maintenance of the Commuter Rail Station Betterments. At the time of execution of this AGREEMENT, no Betterments are contemplated or obligated for the Commuter Rail Station. If a PARTY desires to build a Betterment, plans for any Betterments requested shall be submitted to the other PARTY for approval, which approval shall not be unreasonably withheld or delayed.

VII.

PARKING LOT

7.1. Reservation of Parking. At the time of execution of this AGREEMENT, no parking is contemplated for the Commuter Rail Station, nor is any future obligation to provide parking contemplated.

VIII.

INSURANCE

8.1. SBCTA shall obtain real property insurance for the Standard Platforms, 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 was 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.

8.2. CITY shall be responsible for securing and maintaining real property insurance or selfinsurance which covers Non-Operating Property which is not otherwise insured by SBCTA pursuant to Section 8.1 with coverage types and limits consistent with CITY insurance of similar assets. CITY shall be responsible for 100% of the cost of the insurance required under this Section 8.2. CITY shall add SBCTA as an additional insured on all property insurance covering said property.

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IX.

FISCAL YEAR

9.1. Fiscal Year. The fiscal year of this AGREEMENT shall begin on the first day of July each year and end the last day of June the following year.

INVOICES AND ACCOUNTING

10.1. Accounting. Each PARTY shall make the relevant portions of its accounting books and records available to the other PARTY at any time during the term of this AGREEMENT upon reasonable prior written notice.

10.2. Invoicing. CITY shall, within thirty (30) calendar days of receipt thereof, pay any invoice for costs incurred by SBCTA or SCRRA for which CITY is responsible for pursuant to this AGREEMENT.

XI.

DISTRIBUTION OF PROPERTY

11.1. Distribution of Property. Upon termination of this AGREEMENT, vesting of title to the railroad right of way shall remain in SBCTA’s name and easement interests appurtenant to Tippecanoe Avenue and the Kiss and Ride shall remain in CITY’s name.

11.2. Distribution to Parties. Except as provided in Section 11.1-Distribution of Property, all proceeds that may accrue to the PARTIES under this AGREEMENT shall be distributed to the PARTIES in equal shares.

XII.

NOTICES

12.1. Notices to PARTIES. All notices, consents, directions, approvals, instructions, requests, and other communications regarding this AGREEMENT shall be in writing, shall be addressed to the persons and addresses set forth below, and shall be (i) deposited in the United States Postal Service mail, first class, certified with return receipt requested and with appropriate postage, or (ii) hand delivered. From time to time, each of the PARTIES may designate a new address for purposes of the Article by providing notice to the other signatory as provided in this Section 12.1.

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SBCTA Contract No. 20-1002253
To CITY: City Manager
City of San Bernardino
Vanir Tower
290 North D Street
San Bernardino, CA 92401
With a Copy to: City Attorney
City of San Bernardino
Vanir Tower
290 North D Street
San Bernardino, CA 92401
To SBCTA: Director of Transit & Rail Programs
San Bernardino County Transportation Authority
1170 W. Third Street, 2nd Floor
San Bernardino, CA 92410
With a Copy to: General Counsel
San Bernardino County Transportation Authority
1170 W. Third Street, 2nd Floor
San Bernardino, CA 92410
All notices shall be deemed to have been given: if sent by US certified mail, return receipt requested, three (3) business days following deposit with the United States Postal Service; if by overnight delivery service, courier, or other personal delivery upon receipt.

Notice to a PARTY shall not be effective unless and until each required copy of such notice is given to said PARTY as provided above in this Section 12.1. In the event of inability to deliver a notice because of a changed address of which no notice was given, or any rejection or other refusal to accept any notice, receipt shall be deemed made as of the date which the United States Postal Service endorses the notice as undeliverable and consequently returns the notice to the sender. Any notice to be given by any PARTY may be given by legal counsel for such PARTY.

XIII.

MISCELLANEOUS

13.1. 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.

13.2. Sole and Only Agreement. This AGREEMENT contains the sole and only agreement of the PARTIES as to the subject of this AGREEMENT and correctly sets forth the rights, duties, and obligations of each PARTY to the other as of this date. To the extent any prior agreements, negotiations and/or representations are not expressly set forth in Packet Pg. 4523
SBCTA Contract No. 20-1002253
this AGREEMENT, they are superseded.

13.3. Amendments. This AGREEMENT may be amended or modified only by an instrument in writing, signed by the PARTIES.

13.4. Severability. If any one or more provisions contained in this AGREEMENT shall be held 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.

13.5. 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.

13.6. Indemnity. Each PARTY hereto covenants and agrees to release, indemnify, defend, and hold harmless the other PARTY hereto, its affiliates and their respective members, commissioners, officers, directors, employees, agents, consultants, contractors, 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 the indemnifying 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 indemnifying PARTY; (c) acts or omissions of any firm employed by the indemnifying PARTY 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 passenger rail services; except, in each case, to the extent caused or contributed to by the gross negligence or the intentional or willful misconduct of the indemnified PARTY. 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. Each PARTY shall list each other PARTY as additionally insured on their respective Commercial General Liability insurance policies.

13.7. 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.

13.8. 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 Executive Director of SBCTA, and the City Manager 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 Packet Pg. 4524
SBCTA Contract No. 20-1002253
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 may be decided by the court as set forth in Section 13.7, however, nothing in this AGREEMENT shall prevent the PARTIES from engaging in any mutually agreed alternative dispute resolution, including, but not limited to, mediation. Pending resolution of the dispute, PARTIES shall proceed with the performance of this AGREEMENT to the extent practicable.

XIV.

DEFAULT AND REMEDIES

14.1. Event of Default. For the purposes of this AGREEMENT, the use of the terms “defaulting PARTY” or “non-defaulting PARTY” are in each case limited to and specific to each Event of Default or Default, independent of any other Event of Default or Default which has or may have occurred. 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 the other 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.

14.2. Opportunity to Cure. Except as provided below, no Event of Default under Section 14.1- 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 12.1-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) calendar 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) calendar 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) calendar days after its initial occurrence. Should the defaulting PARTY fail to cure the Event of Default within thirty (30) calendar days after receipt of a written notice to correct the Event of Default, or fail to initiate and diligently pursue the approved corrective action within thirty (30) calendar days after receipt of a written notice to correct the Event of Default when the non-defaulting PARTY has reasonably consented to a longer period to cure, or otherwise fails to cure the Event of Default within such time period as the non-defaulting PARTY has reasonably consented to allow, then the Event of Default shall constitute a Default.

Packet Pg. 4525
SBCTA Contract No. 20-1002253

14.3. Remedies. Whenever any Event of Default becomes a Default pursuant to Section 14.2 -Opportunity to Cure, the non-defaulting PARTY may initiate any corrective action it deems appropriate and may charge the reasonable costs for said corrective actions back to the defaulting PARTY which must be paid in full by the defaulting PARTY no later than thirty (30) calendar days from receipt of the related invoices; additionally the nondefaulting PARTY may take whatever action at law or equity that may appear necessary or desirable to make the non-defaulting PARTY whole or compel the defaulting PARTY to perform as required by this AGREEMENT.

14.4. 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.

14.5. 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, each PARTY to this AGREEMENT shall bear its own costs, including attorneys’ fees

14.6. SCRRA Permitting. This AGREEMENT is not in lieu of SCRRA’s Permitting and Right-of-Entry process. 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 rightof-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.

XV.

TERMINATION OF AGREEMENT

15.1. Acts Constituting Termination. This AGREEMENT shall commence on the date of its execution and shall continue until:
a. Mutual agreement of the PARTIES hereto to terminate this AGREEMENT; b. Passenger rail service to the Commuter Rail Station is permanently discontinued; or c. Non-defaulting PARTY provides notice of termination to the defaulting PARTY for the defaulting PARTY’s default which has not been cured in accordance with Section-14.2, Opportunity to Cure.

15.2. Distribution on Termination. Upon termination of this AGREEMENT pursuant to Section 15.1, all affairs 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 XI-Distribution of Property.

Packet Pg. 4526
SBCTA Contract No. 20-1002253
Upon successful termination of this AGREEMENT pursuant to Section 15.1, 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.

XVI.

ACCEPTANCE

16.1. Acceptance of Agreement. The PARTIES have approved this AGREEMENT by official actions of their respective governing bodies and accept and agree to the terms set forth as of the date their authorized representatives have signed this AGREEMENT. ------------------------------SIGNATURES ON FOLLOWING PAGE-------------------------- Packet Pg. 4527
SBCTA Contract No. 20-1002253

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: ___________________________
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SBCTA Contract No. 20-1002253
Exhibit “A”
Property
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SBCTA Contract No. 20-1002253
Exhibit “B”
Standard Platform
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SBCTA Contract No. 20-1002253
Exhibit “C”
Maintenance Schedule
Packet Pg. 4548
SBCTA Contract No. 20-1002253
Maintenance Schedule

ITEM FREQUENCY
Landscape/Irrigation Twice Monthly
Trash Pickup & Cleanup Daily
Platform Washing Weekly
Graffiti Removal As Needed
Plumbing/Electrical Annually or As Needed
Vandalism Repairs As Needed
Storm Drain System (including inlets) As Needed
Facilities owned or operated by SCRRA located on Non-Operating Property which are outside the scope of this Maintenance Schedule include:
• CCTV Security Cameras
• Commuter Information System (CIS) signs
• Ticket Vending Devices (TVD)
Packet Pg. 4549
SBCTA Contract No. 20-1002253
Exhibit “D”
Maintenance and Security Pro-Rata Share Summary
Packet Pg. 4550
SBCTA Contract No. 20-1002253

MAINTENANCE AND SECURITY PRO-RATA SHARE SUMMARY
Location SBCTA CITY
Area A:

Commuter Rail Station - Non-Operating Property:

Maintenance 0% 100%
Commuter Rail Station - Non-Operating Property:

Security 0% 100%
Area B:

Commuter Rail Station - Operating Property:

Maintenance 100% 0%
Commuter Rail Station - Operating Property:

Security 100% 0%
Packet Pg. 4551

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 7, 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: Progressive Design Build - California Theatre
Improvements Project (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-261:

1. Approving an award of $4,561,400 to Tilden-Coil Constructors, Inc. for the renovation of the California Theatre Improvement Project in accordance with the executed Progressive Design-Build Contract; and

2. Authorizing the Agency Director of Administrative Services to record a budget amendment in the amount of $2,370,431 from Measure S Fund to increase the purchase order with an amount not to exceed $4,870,431.

Background
The Public Works Department, Fleet and Building Maintenance Division, is responsible for maintaining the California Theater located at 562 West 4th Street, San Bernardino.

The California Theatre in San Bernardino opened in 1928. It was added to the National Register of Historic Places in 2009. It is an example of Spanish Colonial Revival architecture, or California Churrigueresque. The theatre houses one of the only remaining Wurlitzer Style 216 pipe organs, which is original to the building.

On April 6, 2022, the Mayor and City Council approved a Progressive Design Build agreement with Tilden-Coil Constructors Inc. in an amount of $309,031 to start conducting the necessary studies to produce a list of required improvements within a reasonable budget.

Packet Pg. 4552
On July 20, 2022, the Mayor and City Council approved Resolution No. 2022-74, accepting Grant Funds in the amount of $2,500,000 from the California Arts Council for the California Theatre.

Discussion
The California Theatre has historically been a critical economic element for downtown San Bernardino, as well as the overall San Bernardino community. Over the years and due to the COVID-19 pandemic, the California Theatre operations came to halt, resulting in a loss of economic activity and a valuable local performing arts landmark. To facilitate further growth of the economy of downtown San Bernardino and the San Bernardino business community, the City of San Bernardino explores opportunities to secure funding to renovate the Theatre. Once work starts, the vision is to hire an experienced performing arts operator to operate the theatre.

Based on studies and the project construction budget, Tilden-Coil Constructors, Inc. will perform the following improvements on the California Theatre:

1. Hazardous Material Abatement

2. Mold removal

3. ADA Accessibility

4. Architectural Finishes, including painting inside and outside and floor replacement

5. HVAC Replacement

6. Lighting and Controls

7. Theatrical Lighting

8. Sound System

9. Theatrical Sound

10.Acoustics

11.Organ Repair

12.Street Front Facade
The total amount of $4,561,400 includes design and contingency costs. 2021-2025 Strategic Targets and Goals
This project is consistent with Goal No 1f: Improved Operational & Financial Capacity - Create an asset management plan. This project will contribute to financial stability by creating an asset management plan to support economic growth and ensures necessary renovations take place at the City-owned landmark.

Fiscal Impact
There is a General Fund Impact as a result of this Project. the $309,031 was initially paid from unspent Measure S Funds and then reimbursed from grant proceed resulting in $2,190,969 remaining from the grant funds.

The following demonstrates the funding needed for the project:

Packet Pg. 4553
Progressive Design Build Contact (Studies and Partial Design) $309,031 Construction and Complete Design $4,561,400
Total $4,870,431
Funding required to complete the project:

California Art Council Grant $2,500,000
Measure S Funding required $2,370,431
Total $4,870,431
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-261:

1. Approving an award of $4,561,400 to Tilden-Coil Constructors, Inc. for the renovation of the California Theatre Improvement Project in accordance with executed Progressive Design-Build Contract; and

Attachments
Attachment 1 Resolution No. 2022-261
Attachment 2 Improvements Cost Estimate
Attachment 3 Original Design-Build Contract with Tilden-Coil Ward:

First Ward
Synopsis of Previous Council Actions:

April 6, 2022 Mayor and City Council approved a Progressive Design Build Contract with Tilden-Coil Constructors Inc. in an amount of $309,031.

July 20, 2022 Mayor and City Council approved Resolution No. 2022-74, accepting Grant Funds in the amount of $2,500,000 from the California Arts Council for the California Theatre.

Packet Pg. 4554
Resolution No. 2022-261
Resolution 2022-261
December 7, 2022

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RESOLUTION NO. 2022-261

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING AN AWARD OF $4,561,400 TO TILDEN-COIL
CONSTRUCTORS, INC. FOR THE RENOVATION OF THE

CALIFORNIA THEATRE IMPROVEMENTS PROJECT IN

ACCORDANCE WITH EXECUTED PROGRESSIVE
DESIGN-BUILD CONTRACT; AND AUTHORIZING THE

AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES

TO RECORD A BUDGET AMENDMENT IN THE AMOUNT
OF $2,370,431 FROM MEASURE S FUND TO INCREASE

THE PURCHASE ORDER WITH AN AMOUNT NOT TO
EXCEED $4,870,431
WHEREAS, the Public Works Department, Fleet and Building Maintenance Division, is responsible for maintaining the California Theatre located at 562 West 4th Street, San Bernardino; and
WHEREAS, the California Theatre in San Bernardino opened in 1928. It was added to the National Register of Historic Places in 2009. It is an example of Spanish Colonial Revival architecture, or California Churrigueresque. The theatre houses one of the only remaining Wurlitzer Style 216 pipe organs, which is original to the building; and WHEREAS, on October 7, 2021, the City released a Request for Prequalification Statement from Design-Build Entities for the California Theatre Improvements Project with a deadline to submit by October 28, 2021; and
WHEREAS, on January 27, 2022, qualified companies were invited to participate in a Request for Proposal (RFP) for the California Theatre Improvements Project, with a deadline of February 24, 2022; and
WHEREAS, Tilden-Coil Constructors, Inc. is the only company that submitted a proposal.

After further evaluations of the proposals and contacting other cities that the company did some work for, it was determined that Tilden-Coil Constructors, Inc. is suitable to handle this project on behalf of the City; and
WHEREAS, the City received a grant from California Arts Council in the amount of $2,500,000; and
WHEREAS, on April 6, 2022, the Mayor and City Council approved a Progressive Design Built Contract with Tilden-Coil Constructors, Inc.; and Packet Pg. 4555
Resolution No. 2022-261
Resolution 2022-261
December 7, 2022

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WHEREAS, on July 20, 2022, the Mayor and City Council approved Resolution No. 2022-74, accepting Grant Funds in the amount of $2,500,000 from the California Arts Council for the California Theatre.

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. That the Mayor and City Council approve an award of $4,561,400 to TildenCoil Constructors, Inc. for the renovation of the California Theatre Improvements Project.

SECTION 3. The Agency Director of Administrative Services to record a budget amendment in the amount of $2,370,431 from Measure S Fund to increase the purchase order with an amount not to exceed $4,870,431.

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

Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines; and (2) The proposed project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines because it involves renovation of an existing building with no expansion of the existing use.

Additionally, the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and (3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because Renovation of an existing building does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and (4) The determination of CEQA exemption reflects the independent judgment of the City Council.

Packet Pg. 4556
Resolution No. 2022-261
Resolution 2022-261
December 7, 2022

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of December 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. 2022-261
Resolution 2022-261
December 7, 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. 2022-261, adopted at a regular meeting held on the 7th day of December 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk
Packet Pg. 4558
Division / Description Qty Units Unit $ Sub-Total Total Notes Hazardous Material Abatement $ 52,500
Fire Rated Doors 5 each 7,500 $ 37,500 $
Mirror Mastic 1 all 15,000 $ 15,000 $
Mold $ 36,500
1st Floor Storage - Clean 1 all 1,000 $ 1,000 $
1st Floor Men's RR 1 all 4,500 $ 4,500 $
1st Will Rogers Room 1 all 2,500 $ 2,500 $
1st Floor Seating Area 1 all 1,500 $ 1,500 $
1st Floor Box Office 1 all 3,500 $ 3,500 $
2nd Floor Banquet Room 1 1 all 3,500 $ 3,500 $
2nd Floor Banquet Room 3 1 all 4,500 $ 4,500 $
2nd Floor West Stairwell 1 all 3,500 $ 3,500 $
3rd Floor Boiler Room 1 all 4,500 $ 4,500 $
3rd Floor Electrical Room 1 all 7,500 $ 7,500 $
ADA Accessibility $ 402,500
Overall Entry - Int/Ext - Ramps (Item 1) 1 all 75,000 $ 75,000 $ Panoramic Image South Wall - Add 2 Exit Doors (Item 4) 2 doors 15,000 $ 30,000 $ Men's Restroom - Level 1 - ADA Compliance (remodel
restroom - Item 17-19) 1 all NIC NIC
Trip Hazard - Row Aisle (Item 27) 1 all 25,000 $ 25,000 $ Accessible Spaces in Theatre (Item 28) 1 all 150,000 $ 150,000 $ City to verify if this presents a hardship Men's Restroom - 2nd Level (ADA Accessories - Item 39) 1 all 2,500 $ 2,500 $ Upper Level Railing (Item 45) 1 all 20,000 $ 20,000 $ Added Rail at Aisles only Upper Level Seating - Trip Hazard (Item 47) 1 all 25,0 $ 25,000 00 $ Exterior Main Entry - ADA Cross Slope (Item 58) 1 all $ 75,000 75,000 $ Water Leaks $ 30,000
Men's Restroom - 2 Water Stains (Item 17 - 21) 1 all 2 $ 20,000 0,000 $ Women's Restroom - Water Stain (Item 23) 1 all 10,000 $ 10,000 $ Architectural Finishes $ 564,660
Audtorium Ceiling 1 all NA NA
Patch and Repair Surfaces 1 all 50,000 $ 50,000 $
R&R Doors and Hardware 9 ea 10,000 $ 90,000 $
Painting (Interior) 22,000 sft 7 $ 154,000 $
Painting (Exterior) 17,040 sft 4 $ 68,160 $
Scaffold for painting 1 ls 25,000 $ 25,000 $
Floor Covering 11,500 sft 15 $ 172,500 $
Tile 5,000 sft NIC NIC
Misc. Specialties 1 ls 5,000.00 $ 5,000 $
Casework 1 all NIC NIC
Structural (Seismic Renovations) $ -
R&R Roof/Insulation 12,500 sft - $ NIC NIC
Roof Truss Replacement 12,500 sft - $ NIC NIC
Structural Steel Retro Fit 1 all - $ NIC NIC
HVAC - Replacement $ 216,000
Replace Condenser Units 9 ea 20,000.00 $ 180,000 $ Includes patch and repair of Roof Replace HVAC Units and Ducts 25,510 sft NIC NIC
HVAC Controls 25,510 sft 6.50 $ NIC
Electrical for HVAC 9 ea 2,500 $ 22,500 $
Plumbing (Gas/Condensate Drains) 9 ea 1,500 $ 13,500 $
R&R Finishes 9 all 500,000 $ NIC
R&R Plumbing 25,510 sft - $ - $ NIC
Fire Sprinkler System 25,510 sft - $ - $ NIC
Site Fire Water Main 1 ls 125,000 $ NIC NIC
Electrical Renovations 25,510 sft - $ NIC NIC
Lighting and Controls 1,746 sft 25 $ 43,650 $ $ 43,650 Front of House lights. No Dimmers.

Fire Alarm 25,510 sft - $ NIC NIC
Replace Theatre Seats 1,718 ea. - $ NIC NIC
Theatrical Lighting 1 all 100,000 $ 100,000 $ $ 100,000 Allowance Theatrical Sound 1 all 150,000 $ 150,000 $ $ 150,000 Allowance PA/MICs 1 all 150,000 $ 150,000 $ $ 150,000 Allowance
Acoustics 4,000 sft 70 $ 280,000 $ $ 280,000 Allowance.

Organ Repair 1 all 520,000 $ 520,000 $ $ 520,000 420K Organ Budget + 100K for Demo of existing griles and power.

Theatrical Draperies, Track, Rigging, & Equipment 1 all 750,000 $ NIC NIC Street Front Façade 1 all $ 290,000
Remove Existing Panels 1 ls 10,000 $ 10,000 $
Storefront Replacement along Façade 800 sft 175 $ 140,000 $ Assuming need to replace existing Storefront Doors at Façade 2 each 10,000 $ 20,000 $ Assuming need to replace existing Replace Lights on canopy 1 ls 15,000 $ 15,000 $
Replace cladding on soffit 300 sft 100 $ 30,000 $
Ticket Booth Cladding and plaster path 1 ls 15,000 $ 15,000 $ Cladding on bottom panels only. Patch interior Ticket Booth Split System 1 ls 50,000 $ 50,000 $
City of San Bernardino
California Theater
Working Program Budget (Based on Assessment)
October 5, 2022

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City of San Bernardino
California Theater
October 5, 2022
LED Lights on Marquee 1 ls 10,000 $ 10,000 $
$ 2,835,810 $ 2,835,810
Hard Costs
Pre-Construction (based on 2.5 Million Project) 1 ls $ 34,986 Added Pre-Con Fees for Over 2.5 Million Project 1.25% $ 4,198 Building Assessment ls 1 $ 35,373
HazMat Report ls 1 $ 24,000
Design Fees (based on 2.5 Million Project) 1 ls $ 214,672 Added Design Fees for Over 2.5 Million Project 8.90% $ 29,887 Design Contingency 7.00% $ 222,525
Construction Contingency 5.00% $ 170,073
Escalation (6% per year - measured to 1/2 way point of
Construction) 6.00% $ 214,291 Assuming construction would begin Fall of 2023 GC General Conditions $72,000 per mo. 5 months 360,000 $ Insurance (GL/PL/Auto/WC) 1.50% $ 62,187
Builders Risk (No Earthquake and Flood) 1.25% $ 52,600
Bond 1.00% $ 42,606
GC Fee 6.00% $ 258,192
Hard Construction Cost - Total: $ 4,561,400
Soft Costs
Owner Contingency 5.00% $ 228,070
FF&E (allowance) $ -
Owner Soft Costs 0.00% $ -
Program Budget - Total: $ 4,789,470
Notes:

1. Permits and Fees by Owner (in Soft Costs).

2. Test and Inspections by Owner (in Soft Costs).

3. FF&E by Owner (in Soft Costs).

4. No Off-Site Work.

6. If structural upgrades are required, the roof will have to replaced.

7. Does not include Stage Replacement .

8. Estimate Assumes there will not be any Elevator/Wheel Chair Lifts Required.

10. Assumes existing Kitchen Equipment is code compliant and no work is required. Kitchen Work is NIC.

Recommended Next Steps:

1. Initially Determine Scope of Work based upon affordability.

11. Per the assessment, the electrical distribution system is adequate, therefore no service upgrade or distribution changes are included.

5. Building is Registered as a National Historic Building (Registration Number 09001116). All work must comply with NRHP Requirements.

9. Escalation from 9/28/22 to 09/28/24 @ 8% per year for 15 months. Assumes start of construction 6/1/23 plus 3 months to midpoint.

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Adopt Resolution No. 2022-262 of the Mayor and City Council of the City of San Bernardino, California:

1. Authorizing the Agency Director of Administrative Services to amend the FY 2022/24 Capital Improvement Plan, recording a supplemental appropriation in the amount of $211,067.14 to the Public Use Facilities Fund for the Old City Hall Building and Regal Theater Air Conditioning Unit Replacement; and

2. Approving the award of a construction contract with Quality Light and Electrical in the amount of $545,161.20 for Old City Hall Building and Regal Theater Air Conditioning Replacement; and

3. Authorizing construction, construction contingencies and inspection costs in the total amount of $610,000.00 for Old City Hall Building and Regal Theater Air Conditioning Replacement; and

4. Authorizing the City Manager or designee to execute all documents for the construction of Old City Hall Building and Regal Theater Air Conditioning Replacement with Quality Light and Electrical; and

5. Authorizing the City Manager or his designee to expend the contingency fund, if necessary, to complete the project.

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Background
The Public Works Department, Building Maintenance Division is responsible for maintaining the Old City Hall Building and Regal Theater. There is currently one air conditioning unit for the Old City Hall Building and eight air conditioning units, for Regal Theater that are about thirty (30) years old and no longer efficient. Therefore, the systems must be upgraded by replacing the HVAC units.

Facilities continuing to maintain these units on a monthly basis, all units have exceeded there useful life and need to be replaced.

Discussion
Project No. 13536 to provide upgrades to the Air Conditioning System at Old City Hall Building and Regal Theater was advertised for public bidding on September 30, 2022, and October 5, 2022, in the San Bernardino County Sun Newspaper, F. W.

Dodge, Construction Bid Board, High Desert Plan Room, Bid America Online, the City’s web sites.

Sealed bids were received and opened on October 27, 2022. The City received one bid as follows:

Bidder City Bid Amount
Quality Light and Electrical Bloomington $545,161.20
The city has reviewed the bid package and confirmed that Quality Light and Electrical of Bloomington, California, is a responsive bidder, with a total bid amount of $545,161.20. If awarded by the Mayor and City Council, construction is anticipated to begin in January 2023 and projected to be completed by March 2023. 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 project will result in public improvements being constructed that minimize risk and litigation exposure through replacing one air conditioning unit for Old City Hall Building and eight air conditioning units for Regal Theater.

Fiscal Impact
Project budget for the proposed work has been established through the adopted FY 2023 and FY 2024 Capital Improvement Plan in the Public Use Facilities Fund (Fund 266) in the amounts of $200,000 for the Regal Theater and $198,932.86 for the Old City Hall Server Room respectively.

Additional funding is needed in the amount of $21,374.63 for the Old City Hall Server Room HVAC Replacement and $189,692.52 for the Regal Theatre AC Unit Replacement. The breakdown of the project costs are shown below:

Old City Hall Server Room AC Replacement
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Bid Amount $196,704.20
Construction Contingency $ 19,670.43
Engineering and Inspection $ 5,000.00
Total Contract Work $221,374.63
Appropriation Amount = $21,374.63
Regal Theater AC Replacement
Bid Amount $348,457.00
Construction Contingency $ 35,168.37
Engineering and Inspection $ 5,000.00
Total Contract Work $388,625.37
Appropriation Amount = $189,692.51
Grand Total Project Costs (Old City Hall Server Room and Regal Theatre) Total Bid Amount $545,161.20
Construction Contingency $54,838.80
Engineering and Inspections $10,000.00
Total Contract Work $610,000.00
In summary, the total funding request is as follow:

City Hall Server Room HVAC Replacement (Fund 266) $200,000.00 Regal Theater AC Units Replacement (Fund 266) $198,932.86 Additional funding requested (Fund 266) $211,067.14
Total Available Project Funding $610,000.00
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-262:

2. Approving the award of a construction contract with Quality Light and Electrical in the amount of $545,161.20 for Old City Hall Building and Regal Theater Air Conditioning Replacement; and

3. Authorizing construction, construction contingencies and inspection costs in the total amount of $610,000.00 for Old City Hall Building and Regal Theater Air Conditioning Replacement; and
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5. Authorizing the City Manager or his designee to expend the contingency fund, if necessary, to complete the project.

Attachments
Attachment 1 Resolution No. 2022-262
Attachment 2 Bid Tabulation
Attachment 3 Bid Proposal
Attachment 4 Contract Agreement
Attachment 5 Location Map
Ward:

First Ward
Synopsis of Previous Council Actions:

June 1, 2022 Mayor and City Council of San Bernardino, California, adopted Resolution No. 2022-102, approving the City of San Bernardino‘s Biennial Operating Budget, and adopting annual budgets for Fiscal Year 2023 and Fiscal Year 2024 and the 2023-2027 Capital Improvement Program and establishing the City‘s Appropriations Limit as required by Article XII of the California State Constitution.

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Resolution No. 2022-262
Resolution 2022-262
December 7, 2022

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RESOLUTION NO. 2022-262

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE AGENCY DIRECTOR OF

ADMINISTRATIVE SERVICES TO AMEND THE FY
2022/24 CAPITAL IMPROVEMENT PLAN, RECORDING A

SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF
$211,067.14 TO THE PUBLIC USE FACILITIES FUND FOR

THE OLD CITY HALL BUILDING AND REGAL THEATER
AIR CONDITIONING UNIT REPLACEMENT; AND

APPROVING THE AWARD OF A CONSTRUCTION

CONTRACT WITH QUALITY LIGHT AND ELECTRICAL
IN THE AMOUNT OF $545,161.20 FOR OLD CITY HALL

BUILDING AND REGAL THEATER AIR CONDITIONING
UNIT REPLACEMENT; AND AUTHORIZING

PROJECT CONSTRUCTION, CONSTRUCTION

CONTINGENCIES AND INSPECTIONS COSTS IN THE
TOTAL AMOUNT OF $610,000.00 FOR THE OLD CITY

HALL BUILDING AND REGAL THEATER AIR
CONDITIONING REPLACEMENT; AND AUTHORIZING

THE CITY MANAGER OR DESIGNEE TO EXCUTE ALL

DOCUMENTS FOR THE CONSTRUCTION OF OLD CITY

HALL BUILDING AND REGAL THEATER AIR
CONDITIONING UNIT REPLACEMENT; AND

AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE

TO EXPEND THE CONTINGENCY FUND, IF NECESSARY,
TO COMPLETE THE PROJECT.

WHEREAS, the City of San Bernardino is responsible for maintaining the Old City Hall Building and Regal Theater; and
WHEREAS, there is currently one air conditioning unit for Old City Hall Building and eight Air Conditioning units for Regal Theater that are about thirty (30) years old and no longer efficient; and
WHEREAS, on June 1, 2022, the Mayor and City Council adopted the FY2022/24 Capital Improvement Plan (CIP), established Public Use Facilities Funding in the amount of $400,000 for Old City Hall Building and Regal Theater Air Conditioning Unit Replacement; and WHEREAS, on October 27, 2022, the City administered a competitive bid solicitation for Old City Hall Building and Regal Theater Air Conditioning Unit Replacement Project (“Project”) resulting in the receipt of one construction cost submittals; and Packet Pg. 4676
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December 7, 2022

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WHEREAS, Quality Light and Electrical, of Bloomington, California, has been determined to be the lowest responsive and responsible bidder; and WHEREAS, the City now wishes to enter into a Construction Agreement with Quality Light and Electrical, of Bloomington, California, in the amount of $545,161.20 to complete the Project.

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

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

SECTION 2. Agency Director of Administrative Services is hereby authorized to amend the FY 2022/24 Capital Improvement Plan, recording a supplemental appropriation in the amount of $211,067.14 to the Public Use Facilities fund for Old City Hall Building and Regal Theater Air Conditioning Unit Replacement Project.

SECTION 3. The City Manager is hereby authorized to execute a Construction Agreement, and any supporting documents, for Old City Hall Building and Regal Theater Air Conditioning Unit Replacement projects with Quality Light and Electrical, of Bloomington, California, in the total amount of $545,161.20 on behalf of the City, attached hereto and incorporated herein as Exhibit “A”.

SECTION 4. The City Manager, or his designee, is hereby authorized to execute all documents in support of Old City Hall Building and Regal Theater Air Conditioning Unit Replacement (Project No. 13536) on behalf of the City and to expend contingency funds, if necessary, to complete the project.

SECTION 5. The Agency Director of Administrative Services is hereby authorized to issue a purchase order in the amount of $545,161.20 to Quality Light and Electrical, of Bloomington, in support of the Construction Agreement.

SECTION 6. As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project.

Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines;
(2) The proposed project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines because it involves the replacement of Air Conditioning Units with no expansion of the existing use. Additionally, the City Council finds this Resolution is not subject to the California Packet Pg. 4677
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December 7, 2022

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Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
(3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because HVAC Units replacement does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and
(4) The determination of CEQA exemption reflects the independent judgment of the City Council.

SECTION 8. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of December 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-262, adopted at a regular meeting held on the 7th day of December 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk
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A G R E EM E N T

CITY OF SAN BERNARDINO
THIS AGREEMENT is made and concluded this 7
th day of December 2022, between the City of San
Bernardino (owner and hereinafter "CITY"), and Espinoza Electric, In. dba Quality Light & Electrical(hereinafter "CONTRACTOR").

REPLACEMENT
Project No. 13536
in strict conformity with Plans and Special Provisions No. 13536 , and also in accordance with Standard Specifications for Public Works/Construction, latest edition in effect on the first day of the advertised “Notice Inviting Sealed Bids” for this project, on file in the Office of the City Engineer, Public Works Department, City of San Bernardino, which said Plans and Special Provisions and Standard Specifications are hereby especially referred to and by such reference made a part hereof.

THEATER AC REPLACEMENT
Project No. 13536
contract. Failure by the CONTRACTOR to carry out these requirements is a material breach of This contract, which may result in the termination of this contract or such other remedy, as recipient deems appropriate.

IN WITNESS WHEREOF, the parties of these presents have executed this contract in four (4) counterparts, each of which shall be deemed an original in the year and day first above mentioned.

CONTRACTOR CITY OF SAN BERNARDINO
NAME OF FIRM:

Espinoza Electric, Inc. dba Quality
And Electric BY:
_______________________________
ROBERT D. FIELD,
City Manager
BY: _______________________________
TITLE: ATTEST:

MAILING ADDRESS:
11055 Alder Avenue _______________________________

GENOVEVA ROCHA
City Clerk
___Bloomington, CA 92316___________
PHONE NO.: ( 909) 421-8668__________ APPROVED AS TO FORM:

A-2
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Community Facilities District No. 2019-1 (Maintenance
Services): Annexation No. 28, Tax Zone No. 29
(Verdemont Ranch) (Ward 5)
Recommendation:

Adopt Resolution No. 2022-263 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 28) and authorizing the levy of a special taxes therein.

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

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

Development projects are subject to conditions of approval that require projects to form/annex a maintenance district. These districts apply an annual fee or special tax upon properties within the District which provide the revenue to offset the cost of maintenance of the public improvements necessary to serve the development.

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The Developer has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act. To that end, the Developer has submitted a "Consent and Waiver" form, which is on file in the City Clerk's office that authorizes the City to (1) hold the election and declare election results; (2) shorten election time requirements; (3) waive analysis and arguments; (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing.

The public facilities and services proposed to be financed within the territory to be annexed to the District are the following:
• Maintenance of median landscaping and other public improvements installed within the public rights-of-way; and
• Public lighting and appurtenant facilities, including streetlights within public rights-of-way and traffic signals; and
• City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District, including the contract administration and for the collection of reserve funds.

The proposed development includes approximately 24.83 gross acres of a vacant residential lot. The property is located at N. Little League Drive, north of W. Meyers Road. At build out, this development will include 20 detached single family residential properties as a new Tax Zone No. 29 within CFD No. 2019-1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. In order to annex into CFD No. 2019-1, a Resolution of Intention to annex property must be approved to identify the facilities to be maintained and establish the maximum special tax for this Tax Zone. The Resolution of Intention shall also set the date and time for the public hearing.

The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone No. 29), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $347 per unit for FY 2022/23. Annual Special Tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. Exhibit “B” attached to the staff report is a maintenance exhibit to illustrate which services are being maintained by the CFD and by the POA.

In order to annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below:
• Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area).

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• Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. • Resolution declaring the results of the election and directing the recording of the notice of special tax lien.
• Amend the Ordinance and order the levy and collection of special taxes in the District.

With the adoption of the Resolution of Intention, the Public Hearing would be scheduled for January 18, 2023.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
The individual property owners in the CFD will be responsible for annual payments of special taxes. Upon full completion of the development, it is estimated that there will be an annual collection of special tax revenues of approximately $6,946 from Special Tax A to be used to pay for maintenance costs.

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

All costs associated with annexation into the CFD have been borne by the Developer. By annexing into the CFD, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD No. 2019-1 and not through the City’s General Fund.

Conclusion
Adopt Resolution No. 2022-263 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 28) and authorizing the levy of a special taxes therein.

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Attachments
Attachment 1 – Resolution 2022-263 of Intention
Attachment 2 – Exhibit A - Description of Territory
Attachment 3 – Exhibit B - Description of Services
Attachment 4 – Exhibit C - Rate and Method of Apportionment Attachment 5 – Exhibit D - Boundary Maps
Attachment 6 – Exhibit E - Petition
Attachment 7 – Exhibit F - Notice of Public Hearing
Attachment 8 – Exhibit G - Special Election Ballot
Attachment 9 – Project Map
Attachment 10 – Maintenance Exhibit
Ward:

Fifth Ward
Synopsis of Previous Council Actions:

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

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

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Resolution No. 2022-263
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December 7, 2022

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RESOLUTION NO. 2022-263

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

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

BERNARDINO, ADOPTING A MAP OF THE AREA TO BE
PROPOSED (ANNEXATION NO. 28) AND AUTHORIZING

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

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

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

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

SECTION 3. Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed are included within the boundaries within which property may annex to CFD No. 2019-1 and are more particularly described and shown on that certain map Packet Pg. 4710
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entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California,” as recorded on June 6, 2019, in Book 88 of Maps of Assessment and Community Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 28, Community Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D.

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

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

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

SECTION 7. Public Hearing. The Mayor and City Council hereby fixes 7:00 p.m., or as soon thereafter as practicable, on Wednesday, January 18, 2023, at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, as the time and place when and where the Mayor and City Council will conduct a public hearing on the proposed annexation of the said territory to the CFD No. 2019-1.

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

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

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Mayor and City CouncilDecember 7, 2022

Mayor and City Council
December 7, 2022