Agenda packet — Mayor and City Council, April 17, 2024 (part 4 of 5)

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RESOLUTION NO. 2024-073

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, 1.

AMENDING THE ADMINISTRATIVE ANALYST JOB
SERIES; 2. ESTABLISHING THE LAND DEVELOPMENT
ENGINEER JOB CLASSIFICATION; AND 3. AMENDING

THE CITY-WIDE SALARY SCHEDULE FOR FULL-TIME,

PART-TIME, TEMPORARY, AND SEASONAL POSITIONS
WHEREAS, as the City continues its efforts in improving service delivery, staff recommends reactivating the Administrative Analyst job series; and WHEREAS, adding these classifications back onto the City-wide salary schedule will allow the City to utilize the classification to better support departmental activities, functions and programs as it relates to policy, procedure, legal and legislative positions; and WHEREAS, on September 12, 2023, staff made a presentation providing an analysis of the City’s economic forecast, position control, and a comparative analysis of other cities. The presentation contained the addition of several new positions, including the Land Development Engineer; and
WHEREAS, the Administrative Analyst I (U) is an unclassified position in the Management & Confidential group, responsible for performing professional analytical and management support work assignments ranging from routine to moderately difficult or assists others in performing more difficult analytical work in support of department functions, programs, goals and objectives; and
WHEREAS, the Administrative Analyst II (U) will be an unclassified position in the Management & Confidential group, responsible for more difficult analytical and program assignments involving gathering and interpretation of data from multiple sources on issues of significant impact and importance; and
WHEREAS, the Senior Administrative Analyst (U) will be an unclassified position in the Management & Confidential group, responsible for performing complex and responsible analyses and studies on a wide range of management, administrative, program and other organization issues in support of the planning and execution of City-wide or department goals and objectives; and WHEREAS, the proposed Land Development Engineer will be an classified position in the Management & Confidential group, responsible for providing professional civil engineering guidance through the land development process for the City’s Engineering Division, including construction, civil engineering, Americans with Disabilities Act (ADA) compliance, and storm water/national pollutant discharge elimination system (NPDES) compliance; and

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Resolution No. 2024-073
Resolution 2024-073
April 17, 2024

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WHEREAS, the salary schedule includes all adopted and approved classification and salaries; and
WHEREAS, the salary schedule meets the California Public Employees Retirement Systems (CalPERS) pay rate reporting requirements in accordance to Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5.

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 classification of Administrative Analyst I (U), range 496, $5,706.33 - $6,935.77/monthly, attached hereto as Exhibit A is hereby approved.

SECTION 3. The classification of Administrative Analyst II (U), range 526, $6,627.06 - $8,055.81/monthly, attached hereto as Exhibit A is hereby approved.

SECTION 4. The classification of Senior Administrative Analyst (U) range 576, $8,504,26 - $10,337.04/monthly, attached hereto as Exhibit A is hereby approved.

SECTION 5. The proposed classification of Land Development Engineer, range 590, $9,119.52 - $11,085.54/monthly, attached hereto as Exhibit A is hereby established and approved.

SECTION 6.The City-wide salary schedule for all City of San Bernardino’s classifications attached hereto and incorporated herein as Exhibit “A”, are hereby approved.

SECTION 7.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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

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

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Resolution No. 2024-073
Resolution 2024-073
April 17, 2024

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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of April 2024.

Helen Tran, 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. 2024-073
Resolution 2024-073
April 17, 2024

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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. 2024-073, adopted at a regular meeting held on the 17 th day of April 2024 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 18th day of April 2024.

Genoveva Rocha, CMC, City Clerk

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ADOPTED 04/17/2024
EFFECTIVE 04/18/2024
CLASS

CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP
BOTTOM

HOURLY/

MONTHLY

TOP STEP HOURLY/

MONTHLY UNIT
30011 ACCOUNTANT I (FLEX) 465 $5,001.98 MONTHLY $6,080.40 MONTHLY GENERAL 30012 ACCOUNTANT II 485 $5,527.33 MONTHLY $6,718.81 MONTHLY GENERAL 10012 ACCOUNTANT II - PAYROLL 485 $5,401.95 MONTHLY $6,566.40 MONTHLY CONFIDENTIAL 20013 ACCOUNTANT III 520 $6,575.74 MONTHLY $7,993.21 MONTHLY MIDDLE MANAGEMENT 10860 ACCOUNTING DIVISION MANAGER (U) 608 $9,976.33 MONTHLY $12,126.50 MONTHLY MANAGEMENT 30017 ACCOUNTING TECHNICIAN I (FLEX) 399 $3,599.92 MONTHLY $4,374.65 MONTHLY GENERAL PENDING ACCOUNTING TECHNICIAN I (FLEX) - POLICE 399 $3,599.92 MONTHLY $4,374.65 MONTHLY POLICE GENERAL 30018 ACCOUNTING TECHNICIAN II 419 $3,976.75 MONTHLY $4,833.51 MONTHLY GENERAL PENDING ACCOUNTING TECHNICIAN II - POLICE 419 $3,976.75 MONTHLY $4,833.51 MONTHLY POLICE GENERAL 30030 ACCOUNTING TECHNICIAN III 437 $4,350.27 MONTHLY $5,287.93 MONTHLY GENERAL PENDING ADMINISTRATIVE ANALYST I (U) 496 $5,706.33 MONTHLY $6,935.77 MONTHLY CONFIDENTIAL PENDING ADMINISTRATIVE ANALYST II (U) 526 $6,627.06 MONTHLY $8,055.81 MONTHLY CONFIDENTIAL 30709 ADMINISTRATIVE ASSISTANT 400 $3,617.65 MONTHLY $4,396.82 MONTHLY GENERAL PENDING ADMINISTRATIVE ASSISTANT - POLICE 400 $3,617.65 MONTHLY $4,396.82 MONTHLY POLICE GENERAL 10081 ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U) 464 $4,864.68 MONTHLY $5,913.23 MONTHLY CONFIDENTIAL 10092 ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U) 410 $3,716.48 MONTHLY $4,516.97 MONTHLY CONFIDENTIAL 10093 ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U) 430 $4,106.44 MONTHLY $4,990.33 MONTHLY CONFIDENTIAL 10534 ADMINISTRATIVE CLAIMS SPECIALIST 420 $3,906.04 MONTHLY $4,747.69 MONTHLY CONFIDENTIAL 20457 ADMINISTRATIVE SERVICES SUPERVISOR 484 $5,494.91 MONTHLY $6,678.72 MONTHLY MIDDLE MANAGEMENT 10979 ADMINISTRATIVE SUPERVISOR AND EXECUTIVE ASSISTANT TO THE CITY MANAGER (U) 535 $6,931.44 MONTHLY $8,425.18 MONTHLY MANAGEMENT 30140 ANIMAL CONTROL OFFICER I (FLEX) 411 $3,821.59 MONTHLY $4,645.09 MONTHLY GENERAL 30141 ANIMAL CONTROL OFFICER II 424 $4,077.61 MONTHLY $4,956.53 MONTHLY GENERAL 30092 ANIMAL LICENSE INSPECTOR 370 $3,114.46 MONTHLY $3,786.12 MONTHLY GENERAL 20320 ANIMAL SERVICES MANAGER 526 $6,775.07 MONTHLY $8,235.73 MONTHLY MIDDLE MANAGEMENT 30130 ANIMAL SERVICES REPRESENTATIVE 370 $3,114.46 MONTHLY $3,786.12 MONTHLY GENERAL 20319 ANIMAL SERVICES SUPERVISOR 478 $5,333.23 MONTHLY $6,482.71 MONTHLY MIDDLE MANAGEMENT 30119 ANIMAL SHELTER ATTENDANT 370 $3,114.46 MONTHLY $3,786.12 MONTHLY GENERAL 00300 APPRENTICE (PT) 381 $2,969.00 MONTHLY $3,608.00 MONTHLY NA 20620 AQUATICS SUPERVISOR 468 $5,073.00 MONTHLY $6,167.11 MONTHLY MIDDLE MANAGEMENT 30400 ARBORIST 452 $4,688.31 MONTHLY $5,699.13 MONTHLY GENERAL 30894 ASSESSMENT DISTRICT/REAL PROP SPECIALIST 500 $5,956.26 MONTHLY $7,239.73 MONTHLY GENERAL 10492 ASSISTANT BUILDING OFFICIAL 583 $8,806.47 MONTHLY $10,704.25 MONTHLY MANAGEMENT 30271 ASSISTANT BUYER 430 $4,201.75 MONTHLY $5,106.16 MONTHLY GENERAL 50141 ASSISTANT CHIEF OF POLICE P6 $23,765.30 MONTHLY $23,765.30 MONTHLY POLICE MANAGEMENT 10644 ASSISTANT CITY MANAGER (U) 705 $16,184.19 MONTHLY $19,669.95 MONTHLY EXECUTIVE 30312 ASSISTANT LITERACY PROGRAM COORDINATOR 365 $3,037.98 MONTHLY $3,693.02 MONTHLY GENERAL 30168 ASSISTANT PLANNER (FLEX) 502 $6,016.12 MONTHLY $7,312.88 MONTHLY GENERAL 10216 ASSISTANT TO THE CITY MANAGER (U) 580 $8,676.49 MONTHLY $10,546.10 MONTHLY MANAGEMENT 10104 ASSISTANT TO THE MAYOR I (U) 430 $4,106.44 MONTHLY $4,990.33 MONTHLY MANAGEMENT 10105 ASSISTANT TO THE MAYOR II (U) 480 $5,268.72 MONTHLY $6,403.92 MONTHLY MANAGEMENT 10106 ASSISTANT TO THE MAYOR III (U) 530 $6,761.38 MONTHLY $8,218.29 MONTHLY MANAGEMENT 10107 ASSISTANT TO THE MAYOR IV (U) 580 $8,676.49 MONTHLY $10,546.10 MONTHLY MANAGEMENT 20169 ASSOCIATE PLANNER 530 $6,912.39 MONTHLY $8,401.84 MONTHLY MIDDLE MANAGEMENT 10042 AUDITOR I 515 $6,273.93 MONTHLY $7,625.78 MONTHLY CONFIDENTIAL 10043 AUDITOR II 537 $7,000.76 MONTHLY $8,509.67 MONTHLY CONFIDENTIAL 00194 BACKGROUND INVESTIGATOR (PT) 493 $5,190.00 MONTHLY $6,308.00 MONTHLY NA City of San Bernardino
Salary Schedule
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 1 of 8

EXHIBIT A

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ADOPTED 04/17/2024
EFFECTIVE 04/18/2024
CLASS

CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP
BOTTOM

HOURLY/

MONTHLY

TOP STEP HOURLY/

MONTHLY UNIT
10060 BUDGET DIVISION MANAGER (U) 608 $9,976.33 MONTHLY $12,126.50 MONTHLY MANAGEMENT 10062 BUDGET OFFICER 581 $8,719.81 MONTHLY $10,598.09 MONTHLY MANAGEMENT 20250 BUILDING INSPECTION SUPERVISOR 542 $7,338.73 MONTHLY $8,920.10 MONTHLY MIDDLE MANAGEMENT 30072 BUILDING INSPECTOR I (FLEX) 460 $4,878.95 MONTHLY $5,930.77 MONTHLY GENERAL 30073 BUILDING INSPECTOR II 487 $5,582.75 MONTHLY $6,785.31 MONTHLY GENERAL 30074 BUILDING INSPECTOR III 511 $6,292.09 MONTHLY $7,648.71 MONTHLY GENERAL 10500 BUILDING OFFICIAL (U) 613 $10,228.72 MONTHLY $12,431.96 MONTHLY MANAGEMENT 30502 BUSINESS REGISTRATION INSPECTOR 459 $4,854.57 MONTHLY $5,900.85 MONTHLY GENERAL 20263 BUSINESS REGISTRATION MANAGER 530 $6,912.39 MONTHLY $8,401.84 MONTHLY MIDDLE MANAGEMENT 30650 BUSINESS REGISTRATION REPRESENTATIVE I 419 $3,976.75 MONTHLY $4,833.51 MONTHLY GENERAL 30651 BUSINESS REGISTRATION REPRESENTATIVE II 429 $4,180.69 MONTHLY $5,080.67 MONTHLY GENERAL 20271 BUYER 460 $4,874.77 MONTHLY $5,925.69 MONTHLY MIDDLE MANAGEMENT 10870 CAPITAL IMPROVEMENT PROJECT MANAGER 591 $9,165.01 MONTHLY $11,140.78 MONTHLY MANAGEMENT 30292 CEMETERY CARETAKER 395 $3,527.87 MONTHLY $4,288.20 MONTHLY GENERAL 10398 CHIEF DEPUTY CITY CLERK (U) 565 $8,050.39 MONTHLY $9,785.69 MONTHLY MANAGEMENT 50280 CHIEF OF POLICE NA $28,565.57 MONTHLY $28,565.57 MONTHLY EXECUTIVE 10399 CITY CLERK (U) 636 $10,590.00 MONTHLY $12,873.00 MONTHLY NA 00601 CITY COUNCIL NA $3,125.00 MONTHLY $3,125.00 MONTHLY NA 10370 CITY MANAGER (U) NA $27,083.33 MONTHLY $27,083.33 MONTHLY MANAGEMENT 10801 CITY PLANNER (U) 629 $11,077.95 MONTHLY $13,465.34 MONTHLY MANAGEMENT 10495 CIVIL ENGINEERING DIVISION MANAGER (U) 620 $10,591.59 MONTHLY $12,873.91 MONTHLY MANAGEMENT 10273 CODE ENFORCEMENT DIVISION MANAGER (U) 563 $7,970.23 MONTHLY $9,688.20 MONTHLY MANAGEMENT 30450 CODE ENFORCEMENT OFFICER I (FLEX) 441 $4,437.83 MONTHLY $5,394.33 MONTHLY GENERAL 30455 CODE ENFORCEMENT OFFICER II 472 $5,180.42 MONTHLY $6,296.53 MONTHLY GENERAL 10135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR 482 $5,321.79 MONTHLY $6,468.91 MONTHLY CONFIDENTIAL 30135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT 420 $3,996.70 MONTHLY $4,857.89 MONTHLY GENERAL 30890 COMMUNITY DEVELOPMENT TECHNICIAN 446 $4,549.77 MONTHLY $5,530.66 MONTHLY GENERAL 30120 COMMUNITY INTERVENTION PROGRAM COORDINATOR 438 $4,372.43 MONTHLY $5,314.53 MONTHLY GENERAL 10100 COMMUNITY INTERVENTION PROGRAM MANAGER (U) 600 $9,586.38 MONTHLY $11,652.05 MONTHLY MANAGEMENT 30754 COMMUNITY POLICING SPECIALIST 470 $5,128.33 MONTHLY $6,234.46 MONTHLY GENERAL 20923 COMMUNITY RECREATION MANAGER 556 $7,869.18 MONTHLY $9,564.61 MONTHLY MIDDLE MANAGEMENT 30821 COMMUNITY RECREATION PROGRAM COORDINATOR 388 $3,407.06 MONTHLY $4,141.90 MONTHLY GENERAL 20925 COMMUNITY RECREATION PROGRAM SUPERVISOR 488 $5,605.65 MONTHLY $6,813.83 MONTHLY MIDDLE MANAGEMENT 20504 COMMUNITY SERVICES CENTER SUPERVISOR 458 $4,827.15 MONTHLY $5,867.00 MONTHLY MIDDLE MANAGEMENT PENDING COMMUNITY SERVICES OFFICER 427 $4,138.57 MONTHLY $5,030.79 MONTHLY POLICE GENERAL 20781 COMMUNITY SERVICES OFFICER SUPERVISOR 480 $5,386.39 MONTHLY $6,546.94 MONTHLY MIDDLE MANAGEMENT 30990 COMMUNITY SERVICES PROGRAM COORDINATOR 438 $4,372.43 MONTHLY $5,314.53 MONTHLY GENERAL 20424 CONSTRUCTION MANAGER 585 $9,093.96 MONTHLY $11,052.95 MONTHLY MIDDLE MANAGEMENT 10072 COUNCIL ADMINISTRATIVE SUPERVISOR (U) 506 $5,998.80 MONTHLY $7,291.06 MONTHLY CONFIDENTIAL 30604 CRIME ANALYSIS SUPPORT ASSISTANT 400 $3,617.65 MONTHLY $4,396.82 MONTHLY GENERAL PENDING CRIME ANALYST 493 $5,752.33 MONTHLY $6,991.46 MONTHLY POLICE GENERAL 00605 CRIME DATA TECHNICIAN (PT) 368 $2,782.00 MONTHLY $3,382.00 MONTHLY NA 20600 CRIME FREE PROGRAM COORDINATOR 490 $5,662.13 MONTHLY $6,882.49 MONTHLY MIDDLE MANAGEMENT PENDING CRIMINAL INVESTIGATION OFFICER 493 $5,752.33 MONTHLY $6,991.46 MONTHLY POLICE GENERAL 00054 CUSTODIAL AIDE (PT) 368 $2,782.00 MONTHLY $3,382.00 MONTHLY NA 20616 CUSTODIAL SUPERVISOR 477 $5,306.66 MONTHLY $6,449.49 MONTHLY MIDDLE MANAGEMENT 30621 CUSTODIAN 368 $3,083.43 MONTHLY $3,748.43 MONTHLY GENERAL 30222 CUSTOMER SERVICE REPRESENTATIVE 386 $3,373.81 MONTHLY $4,100.89 MONTHLY GENERAL 30226 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) 396 $3,545.61 MONTHLY $4,310.37 MONTHLY GENERAL 30227 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U) 396 $3,545.61 MONTHLY $4,310.37 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 2 of 8

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ADOPTED 04/17/2024
EFFECTIVE 04/18/2024
CLASS

CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP
BOTTOM

HOURLY/

MONTHLY

TOP STEP HOURLY/

MONTHLY UNIT
30224 CUSTOMER SERVICE REPRESENTATIVE (U) 386 $3,373.81 MONTHLY $4,100.89 MONTHLY GENERAL 30100 DATA ANALYST 444 $4,505.44 MONTHLY $5,476.35 MONTHLY GENERAL 10650 DEPUTY CITY CLERK I (U) 490 $5,538.44 MONTHLY $6,732.13 MONTHLY CONFIDENTIAL 10654 DEPUTY CITY CLERK II (U) 530 $6,761.38 MONTHLY $8,218.29 MONTHLY MANAGEMENT 09372 DEPUTY CITY MANAGER (U) 700 $15,785.57 MONTHLY $19,186.84 MONTHLY EXECUTIVE 10675 DEPUTY DIRECTOR OF ANIMAL SERVICES (U) 619 $10,538.52 MONTHLY $12,810.00 MONTHLY MANAGEMENT 10124 DEPUTY DIRECTOR OF ECONOMIC DEVELOPMENT (U) 629 $11,077.95 MONTHLY $13,465.34 MONTHLY MANAGEMENT 10066 DEPUTY DIRECTOR OF FINANCE & MANAGEMENT SERVICES (U) 629 $11,077.95 MONTHLY $13,465.34 MONTHLY MANAGEMENT 10720 DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U) 629 $11,077.95 MONTHLY $13,465.34 MONTHLY MANAGEMENT 10610 DEPUTY DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT (U) 629 $11,077.95 MONTHLY $13,465.34 MONTHLY MANAGEMENT 10638 DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U) 629 $11,077.95 MONTHLY $13,465.34 MONTHLY MANAGEMENT 10830 DEPUTY DIRECTOR OF OPERATIONS (U) 629 $11,077.95 MONTHLY $13,465.34 MONTHLY MANAGEMENT 10732 DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U) 629 $11,077.95 MONTHLY $13,465.34 MONTHLY MANAGEMENT 10803 DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U) 678 $14,144.51 MONTHLY $17,192.66 MONTHLY MANAGEMENT 10802 DEPUTY DIRECTOR/CITY PLANNER (U) 662 $13,060.22 MONTHLY $15,874.39 MONTHLY MANAGEMENT 10400 DEPUTY LIBRARY DIRECTOR (U) 575 $8,462.01 MONTHLY $10,286.13 MONTHLY MANAGEMENT 40466 DETECTIVE/CORPORAL P2 $8,746.90 MONTHLY $11,471.16 MONTHLY POLICE SAFETY 10685 DIRECTOR OF ANIMAL SERVICES (U) 630 $11,133.20 MONTHLY $13,532.50 MONTHLY EXECUTIVE 09526 DIRECTOR OF COMMUNITY DEVELOPMENT AND HOUSING (U) 662 $13,060.22 MONTHLY $15,874.39 MONTHLY EXECUTIVE 09520 DIRECTOR OF COMMUNITY, HOUSING AND ECONOMIC DEVELOPMENT (U) 692 $15,168.14 MONTHLY $18,436.18 MONTHLY EXECUTIVE 09527 DIRECTOR OF ECONOMIC DEVELOPMENT (U) 662 $13,060.22 MONTHLY $15,874.39 MONTHLY EXECUTIVE 09710 DIRECTOR OF FINANCE & MANAGEMENT SERVICES (U) 692 $15,168.14 MONTHLY $18,436.18 MONTHLY EXECUTIVE 09665 DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT (U) 660 $12,930.24 MONTHLY $15,716.25 MONTHLY EXECUTIVE 10625 DIRECTOR OF INFORMATION TECHNOLOGY (U) 660 $12,930.24 MONTHLY $15,716.25 MONTHLY EXECUTIVE 10731 DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U) 662 $13,060.22 MONTHLY $15,874.39 MONTHLY EXECUTIVE 09753 DIRECTOR OF PUBLIC WORKS, OPERATIONS AND MAINTENANCE (U) 692 $15,168.14 MONTHLY $18,436.18 MONTHLY EXECUTIVE 20200 DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST 560 $8,027.54 MONTHLY $9,757.29 MONTHLY MIDDLE MANAGEMENT 10140 DIVERSITY, EQUITY & INCLUSION OFFICER (U) 590 $9,119.52 MONTHLY $11,085.54 MONTHLY MANAGEMENT 10125 ECONOMIC DEVELOPMENT DIVISION MANAGER (U) 600 $9,586.38 MONTHLY $11,652.05 MONTHLY MANAGEMENT 10119 ECONOMIC DEVELOPMENT MANAGER 560 $7,852.17 MONTHLY $9,544.13 MONTHLY MANAGEMENT 10127 ECONOMIC DEVELOPMENT PROJECT MANAGER 560 $7,852.17 MONTHLY $9,544.13 MONTHLY MANAGEMENT 10120 ECONOMIC DEVELOPMENT SPECIALIST 500 $5,821.15 MONTHLY $7,075.51 MONTHLY CONFIDENTIAL 30831 ELECTRICIAN I (FLEX) 445 $4,527.60 MONTHLY $5,502.95 MONTHLY GENERAL 30841 ELECTRICIAN II 465 $5,001.98 MONTHLY $6,080.40 MONTHLY GENERAL 10367 EMERGENCY OPERATIONS MANAGER 565 $8,050.39 MONTHLY $9,785.69 MONTHLY MANAGEMENT 30432 ENGINEERING ASSISTANT I (FLEX) 450 $4,641.76 MONTHLY $5,642.60 MONTHLY GENERAL 30434 ENGINEERING ASSISTANT II 475 $5,258.00 MONTHLY $6,391.85 MONTHLY GENERAL 30436 ENGINEERING ASSISTANT III 511 $6,292.09 MONTHLY $7,648.71 MONTHLY GENERAL 20441 ENGINEERING ASSOCIATE 532 $6,981.04 MONTHLY $8,486.00 MONTHLY MIDDLE MANAGEMENT 10180 ENGINEERING PROJECT MANAGER 590 $9,119.52 MONTHLY $11,085.54 MONTHLY MANAGEMENT 30445 ENGINEERING TECHNICIAN 446 $4,549.77 MONTHLY $5,530.66 MONTHLY GENERAL 10200 ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER 532 $6,828.53 MONTHLY $8,300.61 MONTHLY MANAGEMENT 30420 ENVIRONMENTAL PROGRAMS COORDINATOR 464 $4,977.59 MONTHLY $6,050.47 MONTHLY GENERAL 20444 ENVIRONMENTAL PROJECT MANAGER 560 $8,027.54 MONTHLY $9,757.29 MONTHLY MIDDLE MANAGEMENT 20024 EQUIPMENT MAINTENANCE MANAGER 551 $7,675.38 MONTHLY $9,329.84 MONTHLY MIDDLE MANAGEMENT 20025 EQUIPMENT MAINTENANCE SUPERVISOR 523 $6,675.40 MONTHLY $8,113.91 MONTHLY MIDDLE MANAGEMENT 30921 EQUIPMENT MECHANIC I (FLEX) 431 $4,221.70 MONTHLY $5,131.65 MONTHLY GENERAL 30902 EQUIPMENT MECHANIC II 450 $4,641.76 MONTHLY $5,642.60 MONTHLY GENERAL 30943 EQUIPMENT SERVICE WORKER 408 $3,765.06 MONTHLY $4,576.37 MONTHLY GENERAL 30707 EXECUTIVE ASSISTANT 430 $4,201.75 MONTHLY $5,106.16 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 3 of 8

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ADOPTED 04/17/2024
EFFECTIVE 04/18/2024
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CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP
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TOP STEP HOURLY/

MONTHLY UNIT
PENDING EXECUTIVE ASSISTANT - POLICE 430 $4,201.75 MONTHLY $5,126.93 MONTHLY POLICE GENERAL 10707 EXECUTIVE ASSISTANT (U) 430 $4,106.44 MONTHLY $4,990.33 MONTHLY CONFIDENTIAL 10982 EXECUTIVE ASSISTANT TO DIRECTOR (U) 464 $4,864.68 MONTHLY $5,913.23 MONTHLY CONFIDENTIAL 10978 EXECUTIVE ASSISTANT TO MAYOR (U) 502 $5,879.65 MONTHLY $7,147.00 MONTHLY CONFIDENTIAL 10976 EXECUTIVE ASSISTANT TO THE CITY MANAGER (U) 502 $5,879.65 MONTHLY $7,147.00 MONTHLY CONFIDENTIAL 10951 EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U) 550 $7,469.79 MONTHLY $9,080.52 MONTHLY MANAGEMENT 00083 EXTRA RELIEF HEAVY LABORER (PT) 368 $2,782.00 MONTHLY $3,382.00 MONTHLY NA 10939 FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U) 591 $9,165.01 MONTHLY $11,140.78 MONTHLY MANAGEMENT 30623 FACILITIES MAINTENANCE MECHANIC 420 $3,996.70 MONTHLY $4,857.89 MONTHLY GENERAL 20092 FACILITIES MAINTENANCE SUPERVISOR 515 $6,414.06 MONTHLY $7,796.09 MONTHLY MIDDLE MANAGEMENT 10512 FINANCIAL ANALYST 532 $6,828.53 MONTHLY $8,300.61 MONTHLY MANAGEMENT 30506 FLEET PARTS STOREKEEPER 398 $3,581.07 MONTHLY $4,353.59 MONTHLY GENERAL 30944 FLEET PARTS TECHNICIAN 438 $4,372.43 MONTHLY $5,314.53 MONTHLY GENERAL 00259 FOOD SERVICE PROGRAM SPECIALIST (PT) 361 $2,687.00 MONTHLY $3,266.00 MONTHLY NA 20060 FOOD SERVICE SUPERVISOR 478 $5,333.23 MONTHLY $6,482.71 MONTHLY MIDDLE MANAGEMENT PENDING FORENSICS SPECIALIST I (FLEX) 448 $4,596.32 MONTHLY $5,586.08 MONTHLY POLICE GENERAL PENDING FORENSICS SPECIALIST II 478 $5,337.81 MONTHLY $6,488.27 MONTHLY POLICE GENERAL 20160 FORENSICS SUPERVISOR 543 $7,375.28 MONTHLY $8,964.40 MONTHLY MIDDLE MANAGEMENT 20490 FORESTRY SUPERVISOR 542 $7,338.73 MONTHLY $8,920.10 MONTHLY MIDDLE MANAGEMENT 10624 GIS ADMINISTRATOR 580 $8,676.49 MONTHLY $10,546.10 MONTHLY CONFIDENTIAL 10623 GIS ANALYST 483 $5,347.79 MONTHLY $6,500.32 MONTHLY CONFIDENTIAL 10730 GRANT DIVISION MANAGER (U) 601 $9,634.04 MONTHLY $11,710.55 MONTHLY MANAGEMENT 10778 GRANT WRITER 506 $5,998.80 MONTHLY $7,291.06 MONTHLY CONFIDENTIAL 30133 GRANTS ANALYST 476 $5,284.61 MONTHLY $6,423.99 MONTHLY GENERAL 30136 GRANTS ASSISTANT 390 $3,441.42 MONTHLY $4,182.91 MONTHLY GENERAL 20100 GRANTS MANAGER (U) 506 $6,132.78 MONTHLY $7,453.90 MONTHLY MIDDLE MANAGEMENT 30098 GROUNDWORKER ARBORIST 392 $3,475.78 MONTHLY $4,225.02 MONTHLY GENERAL 30516 HAZMAT TECHNICIAN 452 $4,688.31 MONTHLY $5,699.13 MONTHLY GENERAL 30699 HOMELESS SERVICES ASSISTANT 420 $3,996.70 MONTHLY $4,857.89 MONTHLY GENERAL 10700 HOMELESS SERVICES COORDINATOR 556 $7,697.27 MONTHLY $9,355.66 MONTHLY MANAGEMENT 10699 HOMELESS SOLUTION MANAGER (U) 601 $9,634.04 MONTHLY $11,710.55 MONTHLY MANAGEMENT 10121 HOUSING COMPLIANCE SPECIALIST 500 $5,821.15 MONTHLY $7,075.51 MONTHLY MANAGEMENT 10129 HOUSING DIVISION MANAGER (U) 601 $9,634.04 MONTHLY $11,710.55 MONTHLY MANAGEMENT 10657 HUMAN RESOURCES ANALYST 518 $6,368.17 MONTHLY $7,740.59 MONTHLY CONFIDENTIAL 10683 HUMAN RESOURCES ANALYST I 500 $5,821.15 MONTHLY $7,075.51 MONTHLY CONFIDENTIAL 10684 HUMAN RESOURCES ANALYST II 518 $6,368.17 MONTHLY $7,740.59 MONTHLY CONFIDENTIAL 10682 HUMAN RESOURCES ANALYST TRAINEE 476 $5,164.73 MONTHLY $6,278.27 MONTHLY CONFIDENTIAL 10672 HUMAN RESOURCES DIVISION MANAGER (U) 590 $9,119.52 MONTHLY $11,085.54 MONTHLY MANAGEMENT 10673 HUMAN RESOURCES GENERALIST 490 $5,538.44 MONTHLY $6,732.13 MONTHLY CONFIDENTIAL 30207 HUMAN RESOURCES TECHNICIAN 418 $3,956.80 MONTHLY $4,810.23 MONTHLY GENERAL 30101 HVAC MECHANIC 460 $4,878.95 MONTHLY $5,930.77 MONTHLY GENERAL 10627 INFORMATION TECHNOLOGY ANALYST I (FLEX) 498 $5,763.74 MONTHLY $7,006.18 MONTHLY CONFIDENTIAL 10626 INFORMATION TECHNOLOGY ANALYST II 520 $6,432.08 MONTHLY $7,818.59 MONTHLY CONFIDENTIAL 10637 INFORMATION TECHNOLOGY MANAGER 599 $9,538.72 MONTHLY $11,593.56 MONTHLY MANAGEMENT 10631 INFORMATION TECHNOLOGY OPERATIONS SUPERVISOR 530 $6,761.38 MONTHLY $8,218.29 MONTHLY CONFIDENTIAL 10388 INFORMATION TECHNOLOGY TECHNICIAN I (FLEX) 430 $4,106.44 MONTHLY $4,990.33 MONTHLY CONFIDENTIAL PENDING LAND DEVELOPMENT ENGINEER 590 $9,119.52 MONTHLY $11,085.54 MONTHLY MANAGEMENT 30638 LANDSCAPE & IRRIGATION INSPECTOR I (FLEX) 447 $4,573.05 MONTHLY $5,558.37 MONTHLY GENERAL 30639 LANDSCAPE & IRRIGATION INSPECTOR II 467 $5,052.96 MONTHLY $6,141.36 MONTHLY GENERAL 00308 LAW ENFORCEMENT TRAINEE NA $34.77 HOURLY $34.77 HOURLY NA SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 4 of 8

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30113 LEAD ANIMAL CONTROL OFFICER 437 $4,350.27 MONTHLY $5,287.93 MONTHLY GENERAL 30080 LEAD BUILDING INSPECTOR 526 $6,780.88 MONTHLY $8,242.79 MONTHLY GENERAL 30463 LEAD CODE ENFORCEMENT OFFICER 498 $5,897.52 MONTHLY $7,168.80 MONTHLY GENERAL 30311 LEAD CUSTODIAN 397 $3,563.34 MONTHLY $4,331.43 MONTHLY GENERAL 30932 LEAD EQUIPMENT MECHANIC 470 $5,128.33 MONTHLY $6,234.46 MONTHLY GENERAL 20170 LEAD FORENSICS SPECIALIST 516 $6,446.17 MONTHLY $7,834.85 MONTHLY MIDDLE MANAGEMENT 30490 LEAD MAINTENANCE WORKER 452 $4,688.31 MONTHLY $5,699.13 MONTHLY GENERAL 30593 LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER 471 $5,154.93 MONTHLY $6,265.49 MONTHLY GENERAL 10319 LEGAL ADMINISTRATIVE ASSISTANT (U) 497 $5,734.50 MONTHLY $6,970.44 MONTHLY CONFIDENTIAL 10233 LEGISLATIVE & GOVERNMENTAL AFFAIRS MANAGER (U) 593 $9,257.08 MONTHLY $11,252.35 MONTHLY MANAGEMENT 30335 LIBRARIAN I (FLEX) 450 $4,641.76 MONTHLY $5,642.60 MONTHLY GENERAL 30366 LIBRARIAN II 479 $5,364.41 MONTHLY $6,520.41 MONTHLY GENERAL 30341 LIBRARY ASSISTANT 370 $3,114.46 MONTHLY $3,786.12 MONTHLY GENERAL 20388 LIBRARY CIRCULATION SUPERVISOR 460 $4,874.77 MONTHLY $5,925.69 MONTHLY MIDDLE MANAGEMENT 10401 LIBRARY DIRECTOR (U) 635 $11,414.83 MONTHLY $13,873.71 MONTHLY MANAGEMENT 20385 LIBRARY NETWORK ADMINISTRATOR 492 $5,718.61 MONTHLY $6,951.14 MONTHLY MIDDLE MANAGEMENT 30380 LIBRARY NETWORK TECHNICIAN 422 $4,036.60 MONTHLY $4,906.66 MONTHLY GENERAL 00361 LIBRARY PAGE (PT) 361 $2,687.00 MONTHLY $3,266.00 MONTHLY NA 20387 LIBRARY PROGRAM COORDINATOR 450 $4,637.79 MONTHLY $5,637.77 MONTHLY MIDDLE MANAGEMENT 30391 LIBRARY TECHNICIAN I (FLEX) 380 $3,274.06 MONTHLY $3,980.08 MONTHLY GENERAL 30392 LIBRARY TECHNICIAN II 402 $3,653.12 MONTHLY $4,441.15 MONTHLY GENERAL 00133 LIFEGUARD (PT) 377 $2,910.00 MONTHLY $3,537.00 MONTHLY NA 30215 LITERACY PROGRAM COORDINATOR 470 $5,128.33 MONTHLY $6,234.46 MONTHLY GENERAL 20484 MAINTENANCE SUPERVISOR 522 $6,642.18 MONTHLY $8,072.94 MONTHLY MIDDLE MANAGEMENT 30486 MAINTENANCE WORKER I (FLEX) 393 $3,493.51 MONTHLY $4,246.08 MONTHLY GENERAL 30487 MAINTENANCE WORKER II 415 $3,898.06 MONTHLY $4,738.19 MONTHLY GENERAL 30488 MAINTENANCE WORKER III 425 $4,097.56 MONTHLY $4,980.92 MONTHLY GENERAL 10530 MANAGEMENT ANALYST I (FLEX) 476 $5,164.73 MONTHLY $6,278.27 MONTHLY MANAGEMENT 10531 MANAGEMENT ANALYST I (FLEX)(U) 476 $5,164.73 MONTHLY $6,278.27 MONTHLY MANAGEMENT 10532 MANAGEMENT ANALYST II 506 $5,998.80 MONTHLY $7,291.06 MONTHLY MANAGEMENT 10533 MANAGEMENT ANALYST II (U) 506 $5,998.80 MONTHLY $7,291.06 MONTHLY MANAGEMENT 10516 MARKETING & MEDIA SPECIALIST 476 $5,164.73 MONTHLY $6,278.27 MONTHLY CONFIDENTIAL PENDING MARKETING & PUBLIC RELATIONS SPECIALIST 461 $4,903.33 MONTHLY $5,960.70 MONTHLY POLICE GENERAL 00502 MAYOR NA $4,166.67 MONTHLY $4,166.67 MONTHLY NA
10503 MAYOR'S CHIEF OF STAFF (U) 580 $8,676.49 MONTHLY $10,546.10 MONTHLY MANAGEMENT 10190 NEIGHBORHOOD & CUSTOMER SERVICE MANAGER (U) 561 $7,891.16 MONTHLY $9,591.80 MONTHLY MANAGEMENT 10528 NETWORK SYSTEMS ADMINISTRATOR 566 $8,090.47 MONTHLY $9,834.43 MONTHLY CONFIDENTIAL 30425 NPDES INSPECTOR I (FLEX) 461 $4,903.33 MONTHLY $5,960.70 MONTHLY GENERAL 30426 NPDES INSPECTOR II 485 $5,527.33 MONTHLY $6,718.81 MONTHLY GENERAL 20555 NPDES MANAGER 525 $6,741.85 MONTHLY $8,194.75 MONTHLY MIDDLE MANAGEMENT 10122 OMBUDSPERSON 518 $6,368.17 MONTHLY $7,740.59 MONTHLY CONFIDENTIAL 10868 OPERATIONS & MAINTENANCE DIVISION MANAGER (U) 591 $9,165.01 MONTHLY $11,140.78 MONTHLY MANAGEMENT 30178 PARK RANGER 397 $3,563.34 MONTHLY $4,331.43 MONTHLY GENERAL 20178 PARK RANGER SUPERVISOR 480 $5,386.39 MONTHLY $6,546.94 MONTHLY MIDDLE MANAGEMENT PENDING PARKING ENFORCEMENT OFFICER 380 $3,274.06 MONTHLY $3,980.08 MONTHLY POLICE GENERAL 20603 PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR 534 $7,050.81 MONTHLY $8,571.27 MONTHLY MIDDLE MANAGEMENT 30611 PARKS MAINTENANCE WORKER I (FLEX) 390 $3,441.42 MONTHLY $4,182.91 MONTHLY GENERAL 30622 PARKS MAINTENANCE WORKER II 421 $4,016.65 MONTHLY $4,882.27 MONTHLY GENERAL 10064 PAYROLL SUPERVISOR 521 $6,464.58 MONTHLY $7,857.58 MONTHLY MANAGEMENT 10068 PAYROLL TECHNICIAN 430 $4,106.44 MONTHLY $4,990.33 MONTHLY CONFIDENTIAL SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 5 of 8

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20400 PERMIT SERVICES SUPERVISOR 494 $5,776.19 MONTHLY $7,020.91 MONTHLY MIDDLE MANAGEMENT 30691 PLANNING AIDE 456 $4,782.52 MONTHLY $5,813.29 MONTHLY GENERAL 10713 PLANNING DIVISION MANAGER (U) 594 $9,303.66 MONTHLY $11,308.68 MONTHLY MANAGEMENT 30680 PLANS EXAMINER I (FLEX) 499 $5,927.45 MONTHLY $7,204.26 MONTHLY GENERAL 30682 PLANS EXAMINER II 534 $7,056.85 MONTHLY $8,578.62 MONTHLY GENERAL 30481 PLUMBER 450 $4,641.76 MONTHLY $5,642.60 MONTHLY GENERAL 00192 POLICE CADET (PT) 368 $2,782.00 MONTHLY $3,382.00 MONTHLY NA 00520 POLICE CALL TAKER (PT) 396 $19.85 HOURLY $24.14 HOURLY NA 50283 POLICE CAPTAIN P5 $19,412.09 MONTHLY $19,412.09 MONTHLY POLICE MANAGEMENT 20775 POLICE DISPATCH MANAGER 528 $6,843.73 MONTHLY $8,318.78 MONTHLY MIDDLE MANAGEMENT 20772 POLICE DISPATCH SUPERVISOR 498 $5,892.47 MONTHLY $7,162.66 MONTHLY MIDDLE MANAGEMENT 32767 POLICE DISPATCHER I (FLEX) 425 $4,146.40 MONTHLY $5,040.29 MONTHLY POLICE DISPATCHER 32768 POLICE DISPATCHER II 456 $4,839.53 MONTHLY $5,882.58 MONTHLY POLICE DISPATCHER PENDING POLICE FLEET MAINTENANCE EXPEDITOR 398 $3,581.07 MONTHLY $4,353.59 MONTHLY POLICE GENERAL 50402 POLICE LIEUTENANT P4 $16,494.29 MONTHLY $16,494.29 MONTHLY POLICE MANAGEMENT 40751 POLICE OFFICER P1 $7,532.62 MONTHLY $10,059.74 MONTHLY POLICE SAFETY PENDING POLICE PERSONNEL AND TRAINING TECHNICIAN 457 $4,806.91 MONTHLY $5,843.21 MONTHLY POLICE GENERAL 20765 POLICE RECORDS SUPERVISOR 464 $4,973.33 MONTHLY $6,045.29 MONTHLY MIDDLE MANAGEMENT PENDING POLICE RECORDS TECHNICIAN I (FLEX) 369 $3,098.94 MONTHLY $3,767.28 MONTHLY POLICE GENERAL PENDING POLICE RECORDS TECHNICIAN II 390 $3,441.42 MONTHLY $4,182.91 MONTHLY POLICE GENERAL 40332 POLICE SERGEANT P3 $9,898.35 MONTHLY $12,962.73 MONTHLY POLICE SAFETY 30585 POOL MAINTENANCE COORDINATOR 421 $4,016.65 MONTHLY $4,882.27 MONTHLY GENERAL 00331 POOL MANAGER I (PT) 421 $3,624.00 MONTHLY $4,405.00 MONTHLY NA 00333 POOL MANAGER II (PT) 443 $4,044.00 MONTHLY $4,916.00 MONTHLY NA 20019 PRINCIPAL ACCOUNTANT 550 $7,636.62 MONTHLY $9,283.33 MONTHLY MIDDLE MANAGEMENT 10182 PRINCIPAL CIVIL ENGINEER 600 $9,586.38 MONTHLY $11,652.05 MONTHLY MANAGEMENT 10243 PRINCIPAL PLANNER 613 $10,228.72 MONTHLY $12,431.96 MONTHLY MANAGEMENT 20864 PROCUREMENT CONTRACT SPECIALIST 520 $6,575.74 MONTHLY $7,993.21 MONTHLY MIDDLE MANAGEMENT 00360 PROGRAMMING/TRAFFIC ASSISTANT 400 $3,264.00 MONTHLY $3,967.00 MONTHLY NA 10132 PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U) 550 $7,469.79 MONTHLY $9,080.52 MONTHLY MANAGEMENT 10639 PROJECT MANAGER/COMMUNITY SERVICES 550 $7,469.79 MONTHLY $9,080.52 MONTHLY MANAGEMENT 20949 PROPERTY AND EVIDENCE SUPERVISOR 494 $5,776.19 MONTHLY $7,020.91 MONTHLY MIDDLE MANAGEMENT PENDING PROPERTY AND EVIDENCE TECHNICIAN I (FLEX) 411 $3,821.59 MONTHLY $4,645.09 MONTHLY POLICE GENERAL PENDING PROPERTY AND EVIDENCE TECHNICIAN II 472 $5,180.42 MONTHLY $6,296.53 MONTHLY POLICE GENERAL 10212 PUBLIC INFORMATION OFFICER (U) 593 $9,257.08 MONTHLY $11,252.35 MONTHLY MANAGEMENT 30580 PUBLIC WORKS INSPECTOR I (FLEX) 476 $5,284.61 MONTHLY $6,423.99 MONTHLY GENERAL 30583 PUBLIC WORKS INSPECTOR II 499 $5,927.45 MONTHLY $7,204.26 MONTHLY GENERAL 30584 PUBLIC WORKS INSPECTOR III 529 $6,883.95 MONTHLY $8,366.92 MONTHLY GENERAL 10900 PUBLIC WORKS SAFETY AND TRAINING OFFICER 510 $6,119.03 MONTHLY $7,438.38 MONTHLY MANAGEMENT 10863 PURCHASING DIVISION MANAGER (U) 598 $9,491.06 MONTHLY $11,536.15 MONTHLY MANAGEMENT 30770 RANGEMASTER 465 $5,001.98 MONTHLY $6,080.40 MONTHLY GENERAL 10440 REAL PROPERTY MANAGER 580 $8,676.49 MONTHLY $10,546.10 MONTHLY MANAGEMENT 10259 RECORDS MANAGEMENT SPECIALIST (U) 460 $4,768.28 MONTHLY $5,796.24 MONTHLY CONFIDENTIAL 00222 RECREATION AIDE (PT) 368 $2,782.00 MONTHLY $3,382.00 MONTHLY NA 00244 RECREATION LEADER (PT) 375 $2,881.00 MONTHLY $3,502.00 MONTHLY NA 00230 RECREATION SPECIALIST (PT) 400 $3,264.00 MONTHLY $3,967.00 MONTHLY NA 00256 RECREATION SUPERVISOR (AQUATICS) (PT) 481 $4,888.00 MONTHLY $5,942.00 MONTHLY NA 30825 RECREATION THERAPIST 468 $5,077.34 MONTHLY $6,172.39 MONTHLY GENERAL 30115 REGISTERED VETERINARY TECHNICIAN 450 $4,641.76 MONTHLY $5,642.60 MONTHLY GENERAL 10690 RISK DIVISION MANAGER (U) 590 $9,119.52 MONTHLY $11,085.54 MONTHLY MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 6 of 8

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10538 SAFETY OFFICER 530 $6,761.38 MONTHLY $8,218.29 MONTHLY CONFIDENTIAL 00266 SECURITY OFFICER I (PT) 378 $2,925.00 MONTHLY $3,555.00 MONTHLY NA 00265 SECURITY OFFICER II (PT) 402 $3,296.00 MONTHLY $4,007.00 MONTHLY NA PENDING SENIOR ADMINISTRATIVE ANALYST (U) 576 $8,504.26 MONTHLY $10,337.04 MONTHLY MANAGEMENT 30708 SENIOR ADMINISTRATIVE ASSISTANT 420 $3,996.70 MONTHLY $4,857.89 MONTHLY GENERAL 30229 SENIOR ANIMAL SERVICES REPRESENTATIVE 390 $3,441.42 MONTHLY $4,182.91 MONTHLY GENERAL 30410 SENIOR ARBORIST 502 $6,016.12 MONTHLY $7,312.88 MONTHLY GENERAL 10154 SENIOR CIVIL ENGINEER 581 $8,719.81 MONTHLY $10,598.09 MONTHLY MANAGEMENT 30228 SENIOR CUSTOMER SERVICE REPRESENTATIVE 435 $4,307.04 MONTHLY $5,235.84 MONTHLY GENERAL 30230 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) 445 $4,527.60 MONTHLY $5,502.95 MONTHLY GENERAL 30232 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)(U) 445 $4,527.60 MONTHLY $5,502.95 MONTHLY GENERAL 10222 SENIOR CUSTOMER SERVICE REPRESENTATIVE (U) 435 $4,209.34 MONTHLY $5,117.07 MONTHLY CONFIDENTIAL 10632 SENIOR GIS ANALYST 530 $6,761.38 MONTHLY $8,218.29 MONTHLY CONFIDENTIAL 10656 SENIOR HUMAN RESOURCES TECHNICIAN 461 $4,792.11 MONTHLY $5,825.49 MONTHLY CONFIDENTIAL 10622 SENIOR INFORMATION TECHNOLOGY ANALYST 553 $7,582.45 MONTHLY $9,217.01 MONTHLY CONFIDENTIAL 10385 SENIOR INFORMATION TECHNOLOGY TECHNICIAN 488 $5,483.19 MONTHLY $6,664.97 MONTHLY CONFIDENTIAL 00283 SENIOR LIFEGUARD (PT) 396 $3,199.00 MONTHLY $3,889.00 MONTHLY NA 10513 SENIOR MANAGEMENT ANALYST 556 $7,697.27 MONTHLY $9,355.66 MONTHLY MANAGEMENT 10514 SENIOR MANAGEMENT ANALYST (U) 556 $7,697.27 MONTHLY $9,355.66 MONTHLY MANAGEMENT 10529 SENIOR NETWORK SYSTEMS ADMINISTRATOR 592 $9,211.59 MONTHLY $11,196.02 MONTHLY CONFIDENTIAL 30710 SENIOR OFFICE ASSISTANT 375 $3,193.15 MONTHLY $3,881.44 MONTHLY GENERAL PENDING SENIOR OFFICE ASSISTANT - POLICE 375 $3,193.15 MONTHLY $3,881.44 MONTHLY POLICE GENERAL 10223 SENIOR OFFICE ASSISTANT (U) 375 $3,120.72 MONTHLY $3,793.39 MONTHLY CONFIDENTIAL 20243 SENIOR PLANNER 567 $8,313.25 MONTHLY $10,103.91 MONTHLY MIDDLE MANAGEMENT 00294 SENIOR RECREATION LEADER (PT) 382 $2,984.00 MONTHLY $3,627.00 MONTHLY NA 10300 SHELTER VETERINARIAN 644 $11,938.02 MONTHLY $14,511.72 MONTHLY MANAGEMENT 30978 SOLID WASTE FIELD INSPECTOR 450 $4,641.76 MONTHLY $5,642.60 MONTHLY GENERAL 20995 STATION MANAGER 490 $5,662.13 MONTHLY $6,882.49 MONTHLY MIDDLE MANAGEMENT 00019 STUDENT INTERN (PT) 368 $2,782.00 MONTHLY $3,382.00 MONTHLY NA 10689 SUPERVISING HUMAN RESOURCES ANALYST 559 $7,813.17 MONTHLY $9,496.47 MONTHLY CONFIDENTIAL 20336 TECHNOLOGY LIBRARIAN 502 $6,010.96 MONTHLY $7,306.62 MONTHLY MIDDLE MANAGEMENT 10443 TRAFFIC ENGINEER 573 $8,378.60 MONTHLY $10,184.31 MONTHLY MANAGEMENT 20437 TRAFFIC ENGINEERING ASSOCIATE 532 $6,981.04 MONTHLY $8,486.00 MONTHLY MIDDLE MANAGEMENT 20438 TRAFFIC OPERATIONS AND SYSTEMS ANALYST 552 $7,714.14 MONTHLY $9,376.35 MONTHLY MIDDLE MANAGEMENT 20370 TRAFFIC SIGNAL AND LIGHTING SUPERVISOR 533 $7,016.48 MONTHLY $8,528.08 MONTHLY MIDDLE MANAGEMENT 30447 TRAFFIC SIGNAL TECHNICIAN I (FLEX) 450 $4,641.76 MONTHLY $5,642.60 MONTHLY GENERAL 30448 TRAFFIC SIGNAL TECHNICIAN II 484 $5,499.62 MONTHLY $6,684.45 MONTHLY GENERAL 30449 TRAFFIC SIGNAL TECHNICIAN III 513 $6,355.27 MONTHLY $7,725.19 MONTHLY GENERAL 30667 TREASURY ASSISTANT 399 $3,599.92 MONTHLY $4,374.65 MONTHLY GENERAL 10740 TREASURY MANAGER 598 $9,491.06 MONTHLY $11,536.15 MONTHLY MANAGEMENT 20666 TREASURY SUPERVISOR 502 $6,010.96 MONTHLY $7,306.62 MONTHLY MIDDLE MANAGEMENT 30125 VETERINARY ASSISTANT 400 $3,617.65 MONTHLY $4,396.82 MONTHLY GENERAL 30620 VOLUNTEER COORDINATOR 358 $2,933.80 MONTHLY $3,565.56 MONTHLY GENERAL 30000 WEED ABATEMENT COORDINATOR 462 $4,927.72 MONTHLY $5,990.62 MONTHLY GENERAL REVISION ADOPTED BY MCC 6/19/17 REVISION ADOPTED BY MCC 7/20/22 (U) DENOTES UNCLASSIFIED
* Part-time, seasonal, and temporary filled positions shall be paid the hourly equivalent of the salary listed in the 2023/2024 Salary Schedule and shall be provided only those benefits mandated by applicable Federal, State and/or local laws, rules or regulations.

SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 7 of 8

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REVISION ADOPTED BY MCC 6/20/18 REVISION ADOPTED BY MCC 8/17/22 REVISION ADOPTED BY MCC 06/19/19 REVISION ADOPTED BY MCC 9/21/22 REVISION ADOPTED BY MCC 8/21/19 REVISION ADOPTED BY MCC 10/19/22 REVISION ADOPTED BY MCC 1/15/20 REVISION ADOPTED BY MCC 11/2/22 REVISION ADOPTED BY MCC 6/24/20 REVISION ADOPTED BY MCC 11/16/22 REVISION ADOPTED BY MCC 9/2/20 REVISION ADOPTED BY MCC 12/7/22 REVISION ADOPTED BY MCC 12/16/20 REVISION ADOPTED BY MCC 1/18/23 REVISION ADOPTED BY MCC 2/17/21 REVISION ADOPTED BY MCC 6/21/23 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 8/16/23 REVISION ADOPTED BY MCC 6/16/21 REVISION ADOPTED BY MCC 10/4/23 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 10/18/23 REVISION ADOPTED BY MCC 8/4/21 REVISION ADOPTED BY MCC 12/6/23 REVISION ADOPTED BY MCC 9/15/21 REVISION ADOPTED BY MCC 3/6/24 REVISION ADOPTED BY MCC 10/20/21 REVISION ADOPTED BY MCC 4/3/24 REVISION ADOPTED BY MCC 11/3/21
REVISION ADOPTED BY MCC 2/2/22
REVISION ADOPTED BY MCC 2/16/22
REVISION ADOPTED BY MCC 3/16/22
REVISION ADOPTED BY MCC 4/6/22
REVISION ADOPTED BY MCC 5/18/22
REVISION ADOPTED BY MCC 6/15/22
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 8 of 8

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CITY OF SAN BERNARDINO POLICE DEPARTMENT

First 6 Following Third Fourth Fifth & Sub-
JOB Months 18 Months Year Year sequent Yrs
TITLE Service Service Service Service Service

Monthly Pay Rates Effective July 1, 2023:

Police Officer $7,532.62 $8,164.13 $8,796.73 $9,428.23 $10,059.74 P-1

Detective/Corporal $8,746.90 $9,428.23 $10,109.56 $10,789.83 $11,471.16 P-2

Sergeant $9,898.35 $10,664.17 $11,430.00 $12,196.91 $12,962.73 P-3

Lieutenant -- -- -- -- $16,494.29
P-4

Captain -- -- -- -- $19,412.09
P-5

Assistant Chief -- -- -- -- $23,765.30
P-6

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: April 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Lynn Merrill, Director of Public Works, Operations, and Maintenance
Department: Public Works
Subject: Award of Construction Agreement for Police
Department HVAC Control System and Valve
Replacement (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-074:

1. Approve the award of an Agreement with Western Allied Corporation in the amount of $325,550 for Police Department HVAC Control System and Valve Replacement (Project);

2. Authorize the project construction and construction contingencies costs in the total amount of $ $358,105 for construction of the Project;

3. Authorize the City Manager or designee to execute all documents with Western Allied Corporation;

4. Authorize the Director of Finance and Management Services to amend the FY 2023/24 CIP budget with an additional $15,000 from the Law Enforcement Facilities Fund balance to bring the total project budget to $365,000; and

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

Executive Summary:

Approving the Construction Agreement for the Police HVAC Control System and Valve Replace would permit the replacement of the obsolete HVAC components, allowing for efficient and effective use of the HVAC system for the Police

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Department Headquarters. The agreement will include the construction fee of $325,550. Additional funds are recommended for contingencies in the amount of $32,555. Additional funds are being recommended in the amount of $6,895. for staff administration and project management costs. The total cost for construction and contingencies is $365,000. The total amount of available funding is $350,000.

Approving an additional $15,000 from the Law Enforcement Facilities Fund will fully fund the project construction, contingencies, and the City’s staff administration and project management costs.

Background
The existing HVAC control system for the Police Department Headquarters is obsolete and in need of replacement. The control system does not allow for efficient and effective use of the HVAC system due to limited functionality. Additionally, zone heating hot water valves need to be replaced.

City staff requested quotes from 3 HVAC companies including Davidson’s Air Conditioning, WCM Associates, and Western Allied Corporation. Davidson’s Air stated that they are not familiar with the type of system at the Police Department Headquarters and declined the opportunity to provide a quote. WCM did not provide a response after multiple requests. Western Allied Corporation responded to the request with a total cost of $325,550.

Company City Cost
Davidson’s Air Conditioning San Bernardino, CA Declined WCM Associates San Bernardino, CA Unresponsive
Western Allied Corporation Santa Fe Springs, CA $325,550 A sole source justification form was completed to allow Western Allied Corporation to complete the work without a formal bid process per City policy. This company is already familiar with the existing HVAC system and can complete the work without further assessment. Other companies would need to spend time getting familiar with the system, which would increase the cost to complete the project and extend the timeline for completion. The cost of the project is comparable to the recently upgraded HVAC system project completed for the City of Ontario.

Discussion
The scope of work for the project includes installing an HVAC control system (server and communication hardware), and control upgrades for the AC units, hot water system, variable air volume boxes and exhaust fans. The control upgrades for the various HVAC components will allow integration with the HVAC control system. Up to 80 zone heating and hot water valves will also be replaced.

The cost to complete the work by Western Allied Corporation is $325,550. Staff recommends the inclusion of an additional $32,555 for construction contingencies. An additional amount of $6,895. is recommended to be added to the project budget to fund staff administration and project management. The total cost of construction and contingencies is $365,000.

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$15,000 is requested from the Law Enforcement Facilities Fund to fully fund the project construction, contingencies, and City staff administration and project management costs. This would increase the total project budget from $350,000 to $365,000. 2021-2025 Strategic Targets and Goals
Authorizing the execution of this amendment aligns with Key Target No. 3 Improved Quality of Life by providing a more comfortable space for the Police Department to operate, which will improve the quality of service.

Fiscal Impact
There is no General Fund impact associated with this action. Funding for this project is provided through the Law Enforcement Facilities Fund.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-074:

1. Approve the award of an Agreement with Western Allied Corporation in the amount of $325,550 for Police Department HVAC Control System and Valve Replacement (Project);

2. Authorize the project construction and construction contingencies costs in the total amount of $ $358,105 for construction of the Project;

3. Authorize the City Manager or designee to execute all documents with Western Allied Corporation;

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

Attachments
Attachment 1 Resolution No. 2024-074
Attachment 2 Agreement with Western Allied Corporation
Attachment 3 Scope of Work
Attachment 4 Sole Source Justification Form
Attachment 5 Project Location Map
Ward:

Ward 1
Synopsis of Previous Council Actions:

June 1, 2022 Resolution No. 2022-102 of the Mayor and City Council of the City of San Bernardino Approving and Adopting the City’s

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annual operating budgets and Capital Improvement Plan (CIP) for FY2024 and establishing the City’s appropriation limit.

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Resolution No. 2024-074
Resolution 2024-074
April 17, 2024

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RESOLUTION NO. 2024-074

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE AWARD AGREEMENT WITH

WESTERN ALLIED CORPORATION IN THE AMOUNT OF
$325,550 FOR POLICE DEPARTMENT HVAC CONTROL
SYSTEM AND VALVE REPLACEMENT (PROJECT); AND

AUTHORIZING THE PROJECT CONSTRUCTION AND

CONTINGENCIES COSTS IN THE TOTAL AMOUNT OF
$358,105 FOR CONSTRUCTION OF THE PROJECT; AND

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO

EXECUTE ALL DOCUMENTS WITH WESTERN ALLIED
CORPORATION; AND AUTHRORIZING THE DIRECTOR

OF FINANCE AND MANAGEMENT SERVICES TO
AMEND THE FY 2023/24 CIP BUDGET WITH AN
ADDITIONAL $15,000. FROM THE LAW ENFORCEMENT

FACILITIES FUND BALANCE TO BRING THE TOTAL
PROJECT BUDGET TO $365,000; AND AUTHORIZING

THE CITY MANAGER OR DESIGNEE TO EXPEND THE

CONTINGENCY FUND, IF NECESSARY, TO COMPLETE
THE PROJECT.

WHEREAS, on June 1st, 2022, the Mayor and City Council adopted Resolution No. 2022- 102 of the Mayor and City Council of the City of San Bernardino, California, Approving and Adopting the City’s annual operating budgets and Capital Improvement Plan (CIP) for FY2024 and establishing the City’s appropriation limit; and
WHEREAS, the City of San Bernardino Police Department Headquarters facility has an obsolete heating, venting, and air conditioning (HVAC) unit that is in need of replacement; and WHEREAS, The City of San Bernardino staff requested quotes from three HVAC companies and received a responsive one from Western Allied Corporation in the amount of $325,550.00.

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 is hereby authorized to approve the award of an agreement with Western Allied Corporation in the amount of $325,550 for the Police Department HVAC Control System and Valve Replacement (Project).

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Resolution No. 2024-074
Resolution 2024-074
April 17, 2024

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SECTION 3. The City Manager or designee is hereby authorizing the project construction and construction contingencies costs in the total amount of $358,105 for construction of the project.

SECTION 4. The City Manager or designee is hereby authorized to execute all documents with Western Allied Corporation.

SECTION 5. The Director of Finance and Management Services is hereby authorized to amend the FY 2023/24 CIP budget with an additional $15,000 from the Law Enforcement Facilities Fund balance to bring the total project budget to $365,000.

SECTION 6. The City Manager or designee is hereby authorized to expend the contingency fund, if necessary, to complete the project.

SECTION 7.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.

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of April 2024.

Helen Tran, 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. 2024-074
Resolution 2024-074
April 17, 2024

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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. 2024-074, adopted at a regular meeting held on the 17 th day of April 2024 by the following vote:

Genoveva Rocha, CMC, City Clerk

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CITY OF SAN BERNARDINO

CONSTRUCTION CONTRACT

POLICE BUILDING MANAGEMENT SYSTEM

1. PARTIES AND DATE.

This Contract is made and entered into this 17 day of April, 2024 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 Western Allied Corporation, a Corporation with its principal place of business at 12046 E. Florence Avenue, Santa Fe Springs, CA 90670 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing Building Management System Controls Upgrades related construction 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 it is familiar with the plans of City. The following license classifications are required for this Project: C-20.

2.3 Project. City desires to engage Contractor to render such services for the Police Department Building Management System (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, Faithful Performance Bond and a Labor and Material Payment Bond each in an amount equal to one hundred percent (100%) of the Contract Price as required by the Contract.

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
•Services/Schedule (Exhibit “A”)
•Plans and Specifications (Exhibit “B”)
•Special Conditions (Exhibit “C”)
•Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) •Public Works Contractor Registration Certification (Exhibit “E”) •Payment and Performance Bonds (Exhibit “F”)
•Addenda
•Change Orders executed by the City

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2 •Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
•Notice Inviting Bids, if any
•Instructions to Bidders, if any
•Contractor’s Bid

3.1.1 Precedence. To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.

3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City.

3.2.1.1 Change Orders. Changes to the Contract Time (as defined in Section 3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the City. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, mark-ups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Regardless of ownership, equipment rates shall not exceed the listed prevailing rates at local equipment rental agencies, or distributors, at the time the work is performed. Nothing herein shall prevent the Parties from agreeing to a lump sum cost.
(A) Changes Ordered By City. City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time,

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3 Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined. (B) Changes Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.

3.2.2 Substitutions/”Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit.

Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings

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4 made pursuant to Public Contract Code section 3400.

3.3 Period of Performance and Liquidated Damages.

3.3.1 Contractor shall perform and complete all Work under this Contract within 90 days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor.

Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, 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 the sum of Five Hundred Dollars ($500) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.3.2 If Contractor is delayed in the performance or progress of the Work by a Force Majeure Event (as defined herein), then the Contractor shall be entitled to a time extension, as provided herein, when the Work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays and the Contractor will not receive an adjustment to the Total Contract Price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the Contract.

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

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and 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 Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work 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 Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be

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5 uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor 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 under this Contract 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, and workers’ compensation insurance.

3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below- referenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Three Hundred Twenty-Five Thousand Five Hundred Fifty Dollars ($325,550.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to

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6 Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of:
(1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.7.6 Substitutions for Contract Retentions. Pursuant to California Public Contract Code section 22300, Contractor may substitute securities for any money withheld by the City to ensure the performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, with the State or a federally chartered bank as the escrow agent, who shall return such securities to Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the City, which provides that no portion of the securities shall be paid to Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City shall certify that the Contract has been satisfactorily completed within sixty (60) days of work "completion" as defined in Section 7107(c) of the California Public Contract Code. Securities eligible for investment under this section shall be limited to those listed in Section 16430 of the Government Code, bank or savings & loan certificates of deposit, interest-bearing demand deposit accounts, stand-by letters of credit, or any other security mutually agreed to by Contractor.

3.7.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.

3.7.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

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7 3.7.9 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.8 Labor

3.8.1 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 “public works” and “maintenance” projects. Since the Work is 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 claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.8.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.8.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.8.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is

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8 found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the DIR on a weekly basis and in the format prescribed by the DIR, which may include electronic submission. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.8.5 Contractor and Subcontractor Registration. 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. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. 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.

3.8.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, 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 subject to any applicable liquidated damages and shall not be compensable by the City.

Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.9 Performance of Work; Jobsite Obligations.

3.9.1 Water Quality Management and Compliance.

3.9.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work 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); local 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.

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9 3.9.1.2 Compliance with the Statewide Construction General Permit.

Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.9.1.3 Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.9.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.

3.9.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.9.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.9.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.9.1. 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 paragraph 3.9.1 as they may relate to the Work provided under this Contract.

Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

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10 3.9.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, 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, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.9.3 Laws and Regulations. 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 Contract or the Work, 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 the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If 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 Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.9.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.9.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

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11 3.9.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.9.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.9.8 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). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their 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 Contract.

3.9.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9.10 Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters.

3.9.11 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 before commencing activities.

Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition.

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12 3.10 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.11 Claims; Government Code Claim Compliance.

3.11.1 Except as otherwise provided in this Contract, if any dispute shall arise between the City and Contractor regarding performance of the Work, or any alleged change in the Work, Contractor shall timely perform the disputed work and shall give written notice of a claim for additional compensation for the work to the City within three (3) days after commencement of the disputed work. Contractor’s failure to give written notice within the three (3)-day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed work and shall constitute a waiver of the right to further pursue the claim under the Contract or at law.

3.11.2 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.

The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with all applicable law, including but not limited to these statutes.

3.11.3 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor for:

3.11.3.1 An adjustment to the time for completion including, without limitation, for relief from damages or penalties for delay assessed by the City;

3.11.3.2 Payment by the City of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled; or

3.11.3.3 An amount the payment of which is disputed by the City.

A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a Change Order, or otherwise failed to follow any procedures contained in the Contract Documents.

3.11.4 Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes any and all requirements of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must

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13 be filed no later than thirty (30) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following words in 16 point capital font: “THIS IS A CLAIM.” The Claim shall include the all information and documents necessary to substantiate the Claim, including but not limited to those identified below. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by Contract Documents. Failure to follow such contractual requirements shall bar any Claims or subsequent proceedings for compensation or payment thereon.

3.11.5 Supporting Documentation: The Contractor shall submit all claims in the following format:

3.11.5.1 Summary description of Claim including basis of entitlement, merit and amount of time or money requested, with specific reference to the Contract Document provisions pursuant to which the Claim is made

3.11.5.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.11.5.3 Chronology of events and correspondence

3.11.5.4 Narrative analysis of claim merit

3.11.5.5 Analysis of Claim cost, including calculations and supporting documents

3.11.5.6 Time impact analysis in CPM format

3.11.6 City’s Response. Upon receipt of a Claim pursuant to this Section, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written statement.

3.11.6.1 If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City’s governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three (3) days following the next duly publicly noticed meeting of the City’s governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

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14 3.11.6.2 Within 30 days of receipt of a Claim, the City may request in writing additional documentation supporting the Claim or relating to defenses or Claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the Contractor. The City’s written response to the Claim, as further documented, shall be submitted to the Contractor within 30 days (if the Claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.11.7 Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.11.8 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The public entity and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the parties agree to select a mediator at a later time.

3.11.8.1 If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

3.11.8.2 For purposes of this Section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Section.

3.11.8.3 Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.11.8.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed.

3.11.9 Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a Claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation. For purposes of those

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15 provisions, the running of the period of time within which a Claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference.

3.11.10 Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:

3.11.10.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.11.10.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.11.11 Government Code Claim Procedures.

3.11.11.1 This Section does not apply to tort claims and nothing in this Section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.

3.11.11.2 In addition to any and all requirements of the Contract Documents pertaining to notices of and requests for adjustment to the Contract Time, Contract Price, or compensation or payment for additional work, disputed Work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Section 900, et seq. prior to filing any lawsuit against the City.

3.11.11.3 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 adjustment of the Contract Time or Contract Price for additional work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If Contractor does not comply with the Government Code claim procedure or the prerequisite contractual requirements, Contractor may not file any action against the City.

3.11.11.4 A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to

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16 Contractor or that should reasonably by known to Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.

3.11.12 Non-Waiver. The City’s failure to respond to a Claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the Claim being deemed rejected in its entirety, and shall not constitute a waiver of any rights under this Section.

3.12 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work 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 Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.18.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.13 Indemnification.

3.13.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, 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, or for defects in design furnished by those persons.

3.13.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized 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 authorized 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 authorized 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 authorized 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 Contract, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

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17 3.14 Insurance.

3.14.1 Time for Compliance. Contractor shall not commence Work under this Contract 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. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

3.14.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.14.2.1 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 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, 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; and (4) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). Policies shall not contain exclusions contrary to this Contract.

3.14.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence and $4,000,000 general aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 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 $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (4) Builders’/All Risk: Completed value of the project; (5) Cyber Liability: $1,000,000 per occurrence for privacy breaches, system breaches, denial/loss of service, and introduction, implantation or spread of malicious software code;

3.14.2.3 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 Contract 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 Contract.

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18 3.14.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:

3.14.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

3.14.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

3.14.3.3 Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.14.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) 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, employees, agents and volunteers.

3.14.4 Builders’/All Risk Policy Requirements. The builders’/all risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City.

3.14.5 Separation of Insureds; No Special Limitations. 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 officials, employees, agents and volunteers.

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19 3.14.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section. Defense costs shall be paid in addition to the limits

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

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

3.14.9 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

3.14.10 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract 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 supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.14.11 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.

3.14.12 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 Work under this Contract.

3.15 Bond Requirements.

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

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20 execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.15.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.15.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 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 Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.15.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.16 Warranty. Contractor warrants all Work 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 Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work 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 Work 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 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

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21 warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.17 Employee/Labor Certifications.

3.17.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s 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 Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

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

3.17.3 Verification of Employment Eligibility. By executing this Contract, 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, and shall require all subcontractors and sub-subcontractors to comply with the same.

3.18 General Provisions.

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

3.18.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any

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22 employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.18.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.18.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.18.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.18.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:

Western Allied Corporation
12046 E Florence Avenue
Santa Fe Springs, CA 90670
Attn: Alpesh Mistry
CITY:

City of San Bernardino
Vanir Tower, 290 North D Street

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23 San Bernardino, CA 92401
Attn: City Manager
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.18.7 Time of Essence. Time is of the essence in the performance of this Contract.

3.18.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

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

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

3.18.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.18.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.18.13 Solicitation. 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 Contract. 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 Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.18.14 Conflict of Interest. 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 Contract. 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

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24 for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to 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 Work.

3.18.15 Certification of License.

3.18.15.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.18.15.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

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

3.18.17 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.18.18 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.18.19 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection wit

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

3.18.21 Fleet Management.

3.18.21.1 To the extent applicable, Contractor, shall comply, and shall ensure all subcontractors comply, with all requirements of the most current version of the California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”). A Fleet Compliance Certification form is attached hereto to this Agreement as Exhibit “G” and incorporated herein by this reference.

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25 3.18.21.2 Throughout Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet including, without limitation, the CRCs, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.

3.18.21.3 Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation. [SIGNATURES ON FOLLOWING PAGE]

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26 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE CITY OF SAN BERNARDINO

AND WESTERN ALLIED CORPORATION
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

WESTERN ALLIED CORPORATION
[***IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER
REQUIRED***]
Signature
Name
Title
[DELETE THE FOLLOWING SIGNATURE

LINE IF SECOND SIGNATURE NOT
REQUIRED]
Signature
Name
Title
___________________________________
Contractor’s License Number and
Classification
___________________________________
DIR Registration Number

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Exhibit A- 1

EXHIBIT A

SERVICES/SCHEDULE

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Exhibit B- 1

EXHIBIT B

PLANS AND SPECIFICATIONS

NOT USED

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Exhibit C- 1

EXHIBIT C

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.

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Exhibit D- 1

EXHIBIT D

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

Western Allied Corporation
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)

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Exhibit E- 1

EXHIBIT E

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
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. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:

DIR Registration Number:

DIR Registration Expiration:__________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:

1. Contractor shall maintain a current DIR registration for the duration of the project.

2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor:____________________
Signature:

Name and Title:

Dated:
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”

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Exhibit F - 1

EXHIBIT F

PAYMENT AND PERFORMANCE BONDS
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:

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

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

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

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

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

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally

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Exhibit F - 2
protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

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

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

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

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

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Exhibit F - 3
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)

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Exhibit F - 4
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Place Notary Seal AboveSignature of Notary Public

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

CAPACITY CLAIMED BY SIGNER
Individual

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

Signer is representing:

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

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Exhibit F - 5
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

WITNESS my hand and official seal.

Place Notary Seal AboveSignature of Notary Public

CAPACITY CLAIMED BY SIGNER
Individual

Signer is representing:

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

END OF PERFORMANCE BOND

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Exhibit F - 6
Payment Bond (Labor and Materials).

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

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

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

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

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or

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Exhibit F - 7
pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim.

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

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title

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Exhibit F - 8
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

WITNESS my hand and official seal.

Place Notary Seal AboveSignature of Notary Public

CAPACITY CLAIMED BY SIGNER
Individual

Signer is representing:

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

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Exhibit F - 9
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

WITNESS my hand and official seal.

Place Notary Seal AboveSignature of Notary Public

CAPACITY CLAIMED BY SIGNER
Individual

Signer is representing:

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

END OF PAYMENT BOND

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Exhibit G- 1 -

EXHIBIT G

FLEET COMPLIANCE CERTIFICATION
Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).
The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4). The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.

Name of Bidder:_________________________________________________ Signature: __________________________________________________ Name: __________________________________________________ Title: __________________________________________________ Date: __________________________________________________

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WESTERN ALLIED CORPORATION Mechanical Contractors / Controls Division Contractors License No. 198821

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July 19, 2023 Subject: San Bernardino Police Department – BMS Controls Upgrade Western Allied is please to submit the following controls proposal for San Bernardino Police Department building located on 710 N. D Street, San Bernardino. This proposal is based on mechanical drawings and site survey. The following specific items are listed to describe and / or clarify the work and items included in this proposal. SCOPE OF WORK A. DDC Server and Backbone a. Provide LonWorks multi-protocol communication backbone. b. Provide a new Adesto SmartServer IoT web server for graphics, scheduling, alarming, and trending. c. Replace existing iLON with SmartServer IoT (SSIoT) and relocate it into the main control panel. d. Provide all low voltage conduit and cabling necessary. B. AC Units a. Provide graphical user front end to monitor and control the AC units via the new SSIoT. C. Hot Water System a. Provide controls for boiler and pump(s). b. Provide, install, and monitor temperature sensors for boiler supply temp, building supply and return temps. c. Integrate the hot water system into the Building Management System (BMS). d. Provide graphical user front end to monitor and control the equipment. D. (80) Variable Air Volume Boxes a. Provide controls for VAV unit including controller, damper actuator, and wall thermostat. b. We are assuming that all hot water valves are in working condition. See Option #1 below for valve replacement. c. Integrate the VAVs into the Building Management System (BMS). d. Provide graphical user front end to monitor and control the VAVs. E. (12) Exhaust Fans a. Provide controls for Exhaust fans including start/stop, status, and alarm. b. Monitor outside air temperature, and outside air relative humidity. c. Provide graphical user front end to monitor and control the Exhaust Fans. F. Option #1 – Replace Heating hot water valves as they are found detective a. Experience suggests that somewhere around 25-40% will not be operating properly and need to be replaced, but that it is fair to assume that most will need to be replaced in the next 10-15 years. b. Provide new Belimo control valves. c. Replace, wire and test all heating hot water Valves. d. Heating system shall be un-operational during the duration of valve replacement work as sections of the piping need to be isolated and drained of water. G. Option #2 – Replace Heating hot water Valves on all VAVs (80 zones), done as a single project. a. Provide new Belimo Valves for all zones. b. Replace, wire and test all heating hot water Valves.

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WESTERN ALLIED CORPORATION Mechanical Contractors / Controls Division Contractors License No. 198821

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c. Heating system shall be un-operational during the duration of valve replacement work as sections of the piping need to be isolated and drained of water. EXCLUSIONS A. Any VFD communication cards. B. Any line-voltage or power electrical conduit. C. Any electrical power or lighting. D. Any 120VAC to control panels. E. Staging area and restroom facilities. F. Any plan check and permit fees. G. Any structural, electrical power/lighting, fire sprinkler, life/safety work, or plumbing. H. Any liquidated damages of any kind excluded. I. Any cutting/patching/framing of drywall or plaster wall. J. Any painting. K. Any asbestos or hazardous material abatement work. L. Any CEC Title 24 testing and acceptance. M. Any air-balance. N. Any water-balance. O. Any roof work or protection. P. Any overtime or double time hours. Q. Any parking costs. R. Any costs for freight elevator usage after hours for stocking materials. S. Any roofing. T. Tie into life safety system of the building. U. Overtime labor except for stocking of materials. Working hours included from 6AM to 2:30PM Monday – Friday. V. Covering of duct openings and protection of mechanical equipment during demolition phase of project. W. Any phased construction schedules. X. Any supervision of other trades. PRICING A. Our price for the work above is $238,050.00 including sales tax. B. Option #1 - replace zone heating hot water valve as they are deemed defective (cost per zone): $1,195 C. Option #2 - replace (80) zone heating hot water valves is $87,500 If you have any questions, please feel free to give us a call. We appreciate any feedback that you can give us. If there is anything that we can do, please let us know. Thank you for the opportunity to provide this proposal to you. Sincerely, Alpesh Mistry Western Allied Corporation

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DocuSign Envelope ID: CCFE5932-F41F-41E1-B674-6932C68DBE3D

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DocuSign Envelope ID: CCFE5932-F41F-41E1-B674-6932C68DBE3D

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DocuSign Envelope ID: CCFE5932-F41F-41E1-B674-6932C68DBE3D provided
2/5/2024
n/a
n/a

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DocuSign Envelope ID: CCFE5932-F41F-41E1-B674-6932C68DBE3D

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DocuSign Envelope ID: CCFE5932-F41F-41E1-B674-6932C68DBE3D

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Attachment 4

Project Location
200 ft
N ➤ ➤
N

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: April 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Lynn C. Merrill, Director of Public Works
Department: Public Works
Subject: Approve Contract Amendment No.4 with Kabbara
Engineering for the Pepper Avenue Rehabilitation
Project (Wards 3, 6)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the execution of Amendment No. 4 to the Professional Services Agreement with Kabbara Engineering in the amount of $10,000, for additional construction engineering support services, for a total contract amount of $265,531 for Pepper Avenue Rehabilitation Project.

Executive Summary
Public Works staff are requesting the approval of Amendment No. 4 for additional construction engineering support services, including project management and coordination. The modified scope of services is required by the project due to additional services needed to provide design services support during construction. If approved, Amendment No. 4 to the Professional Services Agreement will increase the project cost by $10,000, and authorize a contract change order, bringing the total amount of the contract to $265,531 to complete the design phase of the project.

There is no impact to the general fund with this action.

Background
Pepper Avenue from Baseline Road to Mill Street was previously identified in the City’s approved Pavement Management Analysis in need of immediate rehabilitation. The project in general will consist of, but not limited, to pavement rehabilitation; grind of existing asphalt at Pepper Avenue between Baseline Road and Mill Street, for total of approximately 2 miles; repair damaged portion and overlay with new asphalt and restripe; replace damaged curb, gutter, and sidewalk within the project limits.

On February 17, 2021, the Mayor and City Council awarded a Professional

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Services Agreement with Kabbara Engineering for design services for Pepper Avenue project in the amount of $234,911.00.

On February 2, 2022, the Mayor and City Council approved Amendment No.1 to the Master Agreement, for the purpose of including additional funds for the performance of services under the Master Agreement for the amount of $6,120.00 for a new contract amount of $241,031.00.

On August 3, 2022, the Mayor and City Council approved Amendment No. 2 to the Master Agreement, to include additional funds for the continued performance of the services in accordance with the compensation provisions of the Master Agreement, in the amount of $4,500.00 for a new contract amount of $245,531.00.

On January 17, 2024, the Mayor and City Council approved Amendment No. 3 to the Master Agreement, to include additional funds for the continued performance of the services in accordance with the compensation provisions of the Master Agreement, in the amount of $10,000.00 for a new contract amount of $255,531.00.

Discussion
Following Mayor and City Council approval of a Professional Services Agreement with Kabbara Engineering, the firm began designing the improvements to the Pepper Avenue project, finalizing the initial design in 2022. Over the past year, the Public Works Department staff met with Kabbara Engineering and received additional construction engineering support services necessary to complete the final stage of the Pepper Avenue Rehabilitation project.

Public Works Department staff met with Kabbara Engineering and received input on the requested modifications to the Project. The modifications and additional tasks include:

1. Construction Engineering Support - Kabbara Engineering Design and construction of Pepper Ave. project are consistent with the designated use of this funding as completion of the project will support safety, reduce accidents due to potholes or uneven terrain, will be resistant to weathering and erosion, will require less maintenance and last longer. Kabbara Engineering provided a proposal for an amendment to the contract in the amount of $10,000 to complete the project and have designed the pavement section at Pepper Ave and Rialto Ave intersection to accommodate the existing shallow cover conditions on the storm drain. Additionally, during specific project stages, the consultant assisted in calculating certain quantities to verify the contractor's estimated construction quantities, aiming to prevent change order requests.

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Funding for the Project was established in FY 2020/21 City’s Annual Operating Budget which included Capital Improvement Plan (CIP) SS20-010. The current balance remaining for the project is $2,645,411.56. The total project cost breakdown is as follows:

Original Construction Contract Amount $234,911.00
Amendment No. 1 Amount $6,120.00
Amendment No. 2 Amount $4,500.00
Amendment No. 3 Amount $10,000.00
Amendment No. 4 Amount $10,000.00
Total Project Professional Services Cost $265,531.00
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No.1 – Improved Operational & Financial Stability by leveraging existing resources to provide needed improvements at Pepper Avenue for safer and better traffic flow, ADA access for pedestrian safety and enhance services to the community.

Fiscal Impact
There is no General Fund impact with this action. Sufficient funding is in the FY 2023/24 CIP project budget to support this change order.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the execution of Amendment No. 4 to the Professional Services Agreement with Kabbara Engineering in the amount of $10,000, for additional construction engineering support services, for a total contract amount of $265,531 for Pepper Avenue Rehabilitation Project.

Attachments
Attachment 1 Kabbara Engineering Amendment No. 4
Attachment 2 Kabbara Engineering Request for Amendment No. 4 Attachment 3 Professional Services Agreement with Kabbara Eng.

Ward:

Third Ward
Third Ward; Sixth Ward
Synopsis of Previous Council Actions:

February 17, 2021 Resolution No.2021-34 adopted agreement with Kabbara Engineering in the amount of $234,911 to provide the design of Pepper Avenue Rehabilitation from Baseline Road to Mill Street

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February 2, 2022 Approved First Amendment to the Professional Services Agreement with Kabbara Engineering
August 3, 2022 Approved Second Amendment to the Professional Services Agreement with Kabbara Engineering
January 17, 2024 Approved Third Amendment to the Professional Services Agreement with Kabbara Engineering

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FOURTH AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

WITH KABBARA ENGINEERING
(PEPPER AVENUE REHABILITATION PROJECT)
This Fourth Amendment to the Professional Services Agreement is made and entered into as of April 17, 2024 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Kabbara Engineering, a sole proprietorship (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated February 17, 2021, for the purpose of providing professional services for the Pepper Avenue rehabilitation from Baseline Road to Mill Street project (the “Master Agreement”).

B. WHEREAS, the City and the Consultant have entered into an Amendment No. 1 to the Master Agreement, dated February 2, 2022, Amendment No. 2 to the Master Agreement, dated August 3, 2022, and Amendment No. 3 to the Master Agreement, dated January 17, 2024, for the purpose of including additional services, amending the term provisions, and including additional funds for the performance of services under the Master Agreement.

C. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement for an additional term of one year, and to include additional funds for the continued performance of the services in accordance with the compensation provisions of the Master Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 4 and the Master Agreement, the Parties mutually agree as follows:

AGREEMENT

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

2. Term. The term of the Master Agreement shall commence on the Effective Date (February 17, 2021) and continue through the completion of services as set forth in Exhibit “A” or until December 30, 2024, whichever occurs earlier, unless the Agreement is previously terminated as provided for herein (“Term”).

3. Compensation. The total not to exceed compensation amount shall be increased by Ten Thousand Dollars ($10,000.00) increasing the total not to exceed compensation amount from Two Hundred Fifty-Five Thousand Five Hundred Thirty-One

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Dollars ($255,531.00) to Two Hundred Sixty-Five Thousand Five Hundred Thirty-One Dollars ($265,531.00). Work shall be performed at the rates set forth in the Master Agreement.

There is no change to the total not to exceed compensation of the Master Agreement.

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

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

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

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SIGNATURE PAGE FOR

FOURTH AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

WITH KABBARA ENGINEERING
(PEPPER AVENUE REHABILITATION PROJECT)
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.4 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Charles A. Montoya
City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT

KABBARA ENGINEERING
Signature
Name
Title

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EXHIBIT A

ADDITIONAL SCOPE OF SERVICES
(ATTACHED)

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1 601 N. Parkcenter Drive, Suite 205, Santa Ana, CA 92705 T (714) 744-9400 • www.kabbara.net
February 23, 2024

CITY OF SAN BERNARDINO
Public Works Department
290 North “D” Street
San Bernardino, CA 92401
Attention: Mirela Grigorescu, Project Manager

Subject: Request for Amendment #4 – Additional Construction Engineering Support Services for the Pepper Avenue Rehabilitation Project (from Baseline Rd. to Mill St.)

Dear Ms. Grigorescu:

Attached herewith for your review and consideration is our fee proposal for Amendment #4 for the on-going additional construction engineering support services requested by City staff to complete the Pepper Avenue Rehabilitation Project, excluding as-built plan preparation. As you know additional construction support has been on-going as requested by City staff to support the completion of the Pepper Avenue Project, and our budget for amendment #3, for these as-needed services was completed back in December 2023.

We understand from City staff that construction is continuing in its final stages, with completion now anticipated for the end of March 2024.

Although our hourly rates have increased this year, we will again agree as a courtesy, to honor the hourly rates from our original contract for this Amendment #4.

Our hourly fee proposal for these additional services upo is summarized as follows:

Amendment #4 - Additional Construction Engineering Support Services for Pepper Avenue Rehabilitation Project

Kabbara Engineering (Construction Engineering Support – Hourly Estimate) $ 10,000.00 TOTAL FEE PROPOSAL- AMENDMENT #4 $10,000.00

We respectfully request City approval of this requested Amendment #4, as needed to complete the project.

Thank you for this opportunity to continue to be of service. If you have any questions or need additional information, please contact me at the address below, telephone: (714) 744-9400, extension 22, or email at [email protected]
.

Sincerely,

KABBARA ENGINEERING

Leah Kabbara, PE

PRINCIPAL ENGINEER

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: April 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Darren Goodman, Chief of Police
Department: Police
Subject: Purchase of Police Vehicles (All Wards)
Recommendation
It is recommended the Mayor and City Council of the City of San Bernardino, California, authorize:

1. The City Manager to execute a Goods Purchase Agreement with Fairview Ford for the purchase of Police Vehicles, and

2. The Director of Finance and Management Services to issue a purchase order to Fairview Ford Sales, not to exceed $810,000.

Executive Summary
The Police Department relies heavily on police vehicles to allow both police officers and community service officers to respond to calls for service and address public safety needs throughout the City. To maintain a patrol vehicle fleet that runs well and is safe for operation, the Police Department must periodically replace worn high-mileage vehicles and vehicles that have been damaged beyond repair. The Police Department is seeking to purchase Ford Interceptor SUVs and Maverick trucks from Fairview Ford Sales to replace vehicles in the patrol fleet.

Background
The Police Department replaces some vehicles from its patrol fleet annually to ensure it has an inventory of reliable and safe vehicles. New vehicles replace damaged vehicles along with vehicles that have aged or have high mileage and require a significant amount of maintenance.

The Fiscal Year 2023/24 Adopted Budget allocated $1,486,584 for the purchase and outfitting of police vehicles. The Police Department seeks to utilize a portion of these funds to purchase 16 vehicles for use in the Patrol Division.

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Discussion
The Police Department operates 24 hours a day, seven days a week, and relies heavily upon police vehicles to make it possible for police personnel to respond to calls for service throughout the City. Marked vehicles in the Patrol Division are in frequent use, so they deteriorate faster than most vehicles due to rapidly accumulating mileage along with use-related wear and tear. These issues make it necessary to routinely replace vehicles within the Police Department’s patrol fleet.

Additionally, police vehicles are sometimes involved in collisions and on some occasions the vehicles are damaged beyond repair, making it necessary to replace their loss from the patrol fleet. In general, the Police Department must replace approximately 25% of its patrol vehicles each year to maintain an operational fleet that does not require the investment of significant man-hours and financial resources to repair or maintain it. The Police Department is seeking to purchase Ford Interceptor SUVs for use by patrol officers in addition to Ford Maverick trucks for use by community service officers assigned to field operations.

In the years leading up to 2020, the City’s budget did not allow for the replacement of police vehicles on a regular schedule due to financial constraints, resulting in older vehicles that required more resources to maintain. Beginning in 2020, the COVID pandemic negatively impacted auto manufacturing, reducing vehicle supply and creating a backlog from which auto manufacturers are continuing to recover. During the pandemic, the Police Department was able to acquire some patrol vehicles, could not acquire sufficient vehicles to accommodate normal fleet turnover as vehicles aged.

This meant that the fleet stagnated, and older vehicles were retained well beyond their normal service life. The patrol fleet was further strained when vehicles were damaged beyond repair through collisions or mechanical failures, reducing the size of the patrol fleet.

National spare part shortages for vehicle repairs have also become an issue that negatively impacted the patrol fleet. Vehicles that required maintenance or repair have often remained out of service for longer than normal due to parts shortages. Although vehicles are eventually returned to service, there has been an increased reliance on those vehicles that were in working order, resulting in an acceleration of the wear and tear on those vehicles that remained operational. To recover from this combination of factors, it is necessary to invest additional resources into the police fleet.

The San Bernardino County Sheriff’s Department uses both Police Interceptors and Maverick trucks for its operations. In October of 2023, San Bernardino County conducted an open bid solicitation for 2025-year models on both vehicle types. The documents related to the San Bernardino County Bid process were obtained by staff, reviewed, and found to be relevant to this purchase. The San Bernardino County bid process yielded a winning bid for both vehicle types from Fairview Ford Sales, a locally operated automobile dealership located within the City limits. Fairview Ford has

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assured staff that they would honor the price quoted to the County, should the City purchase the same vehicles. The City’s bid process mirrors that of the County and would likely yield the same results. To take advantage of the opportunity to order vehicles to be delivered this year, staff is recommending a piggyback purchase process by using the County’s bid results for this purchase. The number and cost of each vehicle type proposed for purchase is listed in the table below.

Table A
Vehicle Type Quantity Cost Per Unit Total
Police Interceptor 13 $55,360.33 $719,684.29
Maverick PU
Truck
3 $29,370.16 $88,110.48
Total Vehicles &
Cost
16 N/A $807,794.77
The vehicles purchased will be incorporated into the fleet to ensure continuity of operations during the trial period and ensure that there are sufficient vehicles available to meet public safety needs.

The City has an existing contract with Enterprise Leasing for vehicles; however, Enterprise has struggled to obtain the vehicles that the Police Department prefers in a timely manner. The Police Department requests to purchase these vehicles as a stop gap measure while the auto industry recovers from vehicle shortages and Enterprise becomes more able to obtain the City’s Police preferred fleet vehicles. 2021-2025 Strategic Targets and Goals
The request for the purchase of police vehicles aligns with Goal No. 2 b: Focused, Aligned Leadership and Unified Community. Evaluate operations and performance, investment in resources, technology, and tools to continually improve organizational efficiency and effectiveness.

Fiscal Impact

FINANCIAL
DATA
Current Fiscal Year: Next Fiscal Year: Total Cost: Ongoing Cost:

COST $ 810,000 $ 0.00 $ 810,000 $ 0.00

GENERAL
FUND
SHARE
$ 810,000 $ 0.00 $ 810,000 $ 0.00
SOURCE OF FUNDS:

The funds were allocated in the FY 23/24
Adopted budget in the vehicle replacement
category of the Police Department's budget.

Budget Adjustment:

No
For Fiscal Year: 23/24

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

1. The City Manager to execute a Goods Purchase Agreement with Fairview Ford for the purchase of Police Vehicles, and

2. The Director of Finance and Management Services to issue a purchase order to Fairview Ford, not to exceed $810,000.

Attachments
Attachment 1 Police Interceptor Bid Specifications Attachment 2 Police Interceptor Price Quote
Attachment 3 Ford Maverick Bid Specifications
Attachment 4 Ford Maverick Price Quote
Attachment 5 Goods Purchase Agreement

Ward:

All Wards
Synopsis of Previous Council Actions:

February 16, 2022 Mayor and City Council adopted Resolution No. 2022-35, approving the issuance of a purchase order to Fairview Ford, in an amount not to exceed $1,300,000.

January 19, 2021 Mayor and City Council adopted Resolution No. 2021-305, approving the issuance of a purchase order to Fairview Ford Sales in the amount of $83,100.

August 19, 2020 Mayor and City Council adopted Resolution No. 2020-202, approving the issuance of a purchase order to Fairview Ford Sales, not to exceed $210,000.

September 19, 2018 Mayor and City Council adopted Resolution No. 2018-270, authorizing the issuance of a purchase order to Fairview Ford Sales, not to exceed $722,000.

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08/2023 Formal ITB

Invitation to Bid
No. SHR124-ADMSR-5122
2025 Ford Explorer Police Interceptor

San Bernardino County
Sheriff/Coroner/Public Administrator
655 East Third Street
San Bernardino, CA 92415
September 27, 2023

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San Bernardino County
Sheriff/Coroner/Public
Administrator
Invitation to Bid
2025 Ford Explorer Police
Interceptor
No. SHR124-ADMSR-5122

Page 2 of 33 ends

TABLE OF CONTENTS

SECTION I: INVITATION TO BID AND GENERAL INFORMATION

1. REPRESENTATIONS AND CERTIFICATIONS ................................ .... Page 4

2. PUBLIC RECORDS ACT ................................ ................................ ...... Page 7

3. PRICING SCHEDULE ................................ ................................ ......... Page 8

4. PUBLIC AGENCY PARTICIPATION ................................ ..................... Page 9

SECTION II: INSTRUCTIONS FOR COMPLETING INVITATION TO BID

1. PRICING YOUR BID ................................ ................................ ........... Page 10

2. SUBMITTING YOUR BID ................................ ................................ ...... Page 10

3. EVALUATION AND AWARD ................................ ............................... Page 11

4. PROTEST PROCEDURES ................................ ................................ . Page 12

5. LOCAL VENDOR PREFERENCE ................................ ....................... Page 12

SECTION III: STANDARD TERMS AND CONDITIONS

1. DEFINITIONS ................................ ................................ .................... Page 13

2. ASSIGNMENT OF RIGHTS, TITLE AND INTEREST ......................... Page 13

3. CAL OSHA ................................ ................................ ....................... Page 13

4. FORMAL BIDS ................................ ................................ .................. Page 14

5. DELIVERY ................................................................................................. Page 14

6. INSPECTION ................................ ................................ .................... Page 14

7. TERMINATION FOR DEFAULT ................................ ......................... Page 14

8. TERMINATION FOR CONVENIENCE ................................ .............. Page 14

9. TITLE ................................ ................................ ................................ Page 15

10. VARIATIONS IN SPECIFICATIONS ................................ .................. Page 15

11. AVAILABILITY OF FUNDING ................................ ............................. Page 15

12. INSPECTION OF SERVICE/MATERIALS/SUPPLIES ....................... Page 15

13. DISPUTES ................................ ................................ ......................... Page 15

14. CHANGES ................................ ................................ ......................... Page 16

15. ASSIGNABILITY ................................ ................................ ................ Page 16

16. INDEMNITY ................................ ................................ ....................... Page 16

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San Bernardino County
Sheriff/Coroner/Public
Administrator
Invitation to Bid
2025 Ford Explorer Police
Interceptor
No. SHR124-ADMSR-5122

Page 3 of 33 ends

17. CONDUCT OF CONTRACTOR ................................ ......................... Page 16

18. DISALLOWANCE ................................ ................................ ............. Page 17

19. GOVERNING LAW AND VENUE ................................ ....................... Page 17

20. AUDIT AND INSPECTION OF RECORDS ................................ ........ Page 17

21. PATENT AND COPYRIGHT LICENSE ................................ .............. Page 18

22. CONTRACTOR REPRESENTATION ................................ ................ Page 18

23. WARRANTY ................................ ................................ ...................... Page 18

24. PERMITS, NOTICES, FEES AND LAWS ................................ .......... Page 19

25. AIR, WATER POLLUTION CONTROL, SAFETY AND HEALTH ....... Page 19

26. FINDINGS CONFIDENTIAL ................................ ............................... Page 19

27. NOTICE ................................ ................................ ............................. Page 19

28. PRODUCT IDENTIFICATION AND LABELING ................................ . Page 19

29. DRUG & ALCOHOL FREE WORKPLACE ................................ ......... Page 19

30. ORDERING ................................ ................................ ....................... Page 20

31. PAYMENTS AND INVOICES ................................ ............................. Page 20

32. FLAMMABILITY AND TOXICITY ................................ ....................... Page 20

33. CONTRACT ADMINISTRATION ................................ ....................... Page 21

34. RIGHT TO ACQUIRE EQUIPMENT AND SERVICES ....................... Page 21

35. NONDISCRIMATION……………………………………………………….Page 21

36. SEVERABILITY ................................ ................................ ................. Page 21

37. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS ....................... Page 21

38. CAMPAIGN CONTRIBUTION DISCLOSURE (SB 1439) .................... Page 22

39. LOCAL VENDOR PREFERENCE SELF-CERTIFICATION…………... Page 23

40. LOCAL VENDOR PREFERENCE POLICY 11-10……………………... Page 24

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San Bernardino County
Sheriff/Coroner/Public
Administrator
Invitation to Bid
2025 Ford Explorer Police
Interceptor
No. SHR124-ADMSR-5122

Page 4 of 33 ends

Section I: Invitation to Bid (ITB) and General Information

1. REPRESENTATIONS AND CERTIFICATIONS

A. Business Representation
Bidder represents as a part of this Bid the following information regarding the ownership, operation, and control of its business:

1. Are you a local business with a physical address within San Bernardino County? __Yes __No

2. Estimated percentage of work in this Bid to be performed or fulfilled locally (within the geographic boundaries of the San Bernardino County):_ %

3. Please complete Attachment A: Local Vendor Preference Self Certification

If Bidder or any of its subcontractors, agents or consultants, have previously contracted with the County to perform related work on this project (e.g. preparing components of the statement of work or plans and specifications for this project), Bidder shall identify those previous agreement(s) and submit that list along with the Bid. Other than as may be submitted on said list, Bidder certifies to the best of its knowledge that it and its proposed subcontractors, agents and consultants have not previously c ontracted with the County to perform work on or related to this project.

B. Debarment, Suspension and Related Matters
Bidder hereby certifies to the best of its knowledge that neither it nor any of its officers are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any state or federal department or agency (See the following United States General Services Administration’s System for Award Management website https://www.sam.gov.) Bidder certifies that it is registered in the United States General Services Administration’s System for Award Management. Bidder further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.

C. Disclosure of Criminal and Civil Proceedings and Public Contract Terminations Except as allowed for in Section C.4, Bidder hereby certifies to the best of its knowledge that neither it nor any of its officers:

1. Are presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) or have within the past five (5) year s been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

2. Have within a three (3) year period preceding this agreement had one or more public transactions (federal, state or local) terminated for cause or default.

3. Are presently the target or subject of any investigation, accusation or charges by any federal, state or local law enforcement, licensing or certification body.

4. If Bidder is unable to certify any of the facts set forth in Sections C.1, C.2 or C.3, it certifies that it has listed on a separate sheet(s) attached to this Representations and Certifications each fact that it cannot certify and the reason it cannot do so. That information must include the specific relevant facts (date(s), contract(s) and individual(s) involve d, status of action(s), and any other

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San Bernardino County
Sheriff/Coroner/Public
Administrator
Invitation to Bid
2025 Ford Explorer Police
Interceptor
No. SHR124-ADMSR-5122

Page 5 of 33 ends

relevant information) that prevent it from making the requested certifications. The County reserves the right to disqualify Bidder based upon information disclosed.

Bidder has a continuing duty to disclose information until contract award/execution and shall report, in writing, to the County Department of Purchasing within five business days of knowing or having any reason to know any change in status as certified in the preceding paragraphs B. and C.

D. Current Cost or Pricing
Bidder certifies to the best of its knowledge that cost and/or pricing data submitted with this Bid, or specifically identified by reference if actual submission of the data is impracticable, are accurate, complete, and current as of the date signed below.

E. Independent Pricing
Bidder certifies that in relation to this procurement:

1. Unless otherwise required by law, the prices that have been quoted in this Bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, in the case of a bid, or prior to award, in the case of a proposal, directly or indirectly to any other Bidder or to any competitor; and

2. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit an offer to restrict competition.

F. Tax Information
The Bidder understands that prior to receiving a contract award from the County, the Bidder must submit a completed IRS W -9 form to provide a Federal Tax ID number, or if not available, to provide a Social Security Number (SSN).

G. Duty to Inquire
Should Bidder find discrepancies in or omissions from the solicitation, plans, specifications or other documents, or should the Bidder be in doubt as to their meaning, the Bidder shall at once notify the ITB Contact in writing. If the point in question is not clearly and fully set forth, a written addendum will be issued and posted on the County’s web site ePro. It is the Bidders’ responsibility to periodically check the Web site for such addenda. The County will not be responsible for any oral instructions nor for any written materials provided by any County personnel that are not also posted on the ePro web site.

H. Campaign Contribution Disclosure (SB 1439)
Bidder has disclosed to the County through completion of Attachment C – Campaign Contribution Disclosure Senate Bill 1439, whether it has made any campaign contributions of more than $250 to any member of the Board of Supervisors or other County elected officer [Sheriff, Assessor-Recorder-Clerk, District Attorney, Auditor-Controller/Treasurer/Tax Collector] after January 1, 2023. Bidder acknowledges that under Government Code section 84308, subdivision (e)(2), Bidder may not make a contribution of more than $250 to any County elected officer while award of a contract pursuant to this Invitation to Bid is pending, and for 12 months after a final decision is rendered by the County . Campaign contributions include those made by any agent/person/entity on behalf of the Bidder or by a parent, subsidiary or otherwise related business entity of Bidder.

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San Bernardino County
Sheriff/Coroner/Public
Administrator
Invitation to Bid
2025 Ford Explorer Police
Interceptor
No. SHR124-ADMSR-5122

Page 6 of 33 ends

CERTIFICATION
The information furnished in Paragraphs A through H and in the accompanying Bid is certified to be factual and correct as of the date submitted and this certification is made under penalty of perjury under the laws of the State of California.

Name:_____________________________________________

Title:______________________________________________

Company/Organization:_______________________________

Address:___________________________________________

Signature:__________________________________________

Date:______________________________________________

Phone Number:______________________________________

Email Address:_______________________________________

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San Bernardino County
Sheriff/Coroner/Public
Administrator
Invitation to Bid
2025 Ford Explorer Police
Interceptor
No. SHR124-ADMSR-5122

Page 7 of 33 ends

2. PUBLIC RECORDS ACT

All Bids and other material submitted become the property of the County and are subject to release according to the California Public Records Act (Government Code § 7290, et seq). All Bid information, including cost information, will be held in confidence during the evaluation and until a Notice of Intent to Award notification has been issued. Thereafter, Bids are subject to becoming a non-exempt public record.

If a Bidder believes that any portion of its Bid is exempt from public disclosure, it must indicate the specific portions believed to be confidential and not subject to disclosure within their response. The Bidder also must include a brief description that sets out the reasons for exemption from disclosure. Each stated exemption must include a citation to supporting legal authority, including statutory authority or case law, to support exemption from the Public Rec ords Act. Requested exemptions that do no t meet the requirements of this section will not be considered.

The County will use reasonable means to ensure that such information is safeguarded, but will not be held liable for inadvertent disclosure of the information. Bids marked “Confidential” in their entirety will not be honored, and the County might not deny public disclosure of any portion of Bids so marked.

By submitting a Bid with portions identified as “Confidential,” Bidder represents that it has a good faith belief that such portions are exempt from disclosure under the California Public Records Act. Bidder may be requested to obtain legal protection from disclosure should a Public Records Act request be received. In the event the County does not disclose the information marked “Confidential,” Bidder agrees to reimburse the County for, and to indemnify, defend (with counsel approved by County) and hold h armless the County, its officers, employees, agents, and volunteers from and against any and all claims, damages, losses, liabilities, suits, judgments, fines, penalties, costs and expenses, including without limitation, attorneys’ fees, expenses and court costs of any nature arising from or relating to the County’s non-disclosure of any such designated portions of a Bid.

TO BE COMPLETED BY AN AUTHORIZED REPRESENTATIVE OF THE BIDDER

Bidder Company/Organization Name:

Authorized Representative Name:

Authorized Representative Title:

Signature:

Date:

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San Bernardino County
Sheriff/Coroner/Public
Administrator
Invitation to Bid
2025 Ford Explorer Police
Interceptor
No. SHR124-ADMSR-5122

Page 8 of 33 ends

3. PRICING SCHEDULE

A. Specifications
San Bernardino County , by and through its included Sheriff/Coroner/Public Administrator (Sheriff) is procuring 2025 Ford Explorer Police Interceptor vehicles as specified below, in quantities ordered, at times needed, to be delivered to the Sheriff’s Automotive Division located at 655 East Third Street, San Bernardino, CA 92415:

PRODUCT UOM Annual
Usage1
2025 Ford Explorer Police Interceptor EA 85
• Exterior Color – Oxford White
• 4DR AWD Police 119” Wheel Base
• Front Seat – Driver & Passenger Heavy-Duty Ebony Cloth Bucket Seats
• Rear Seat – Ebony Vinyl
• Equip GRP AM FM Stereo/MP3/Bluetooth Interface
• 3.3L V6 TI-VCT (Non-Hybrid)
• 18” Steel Wheels w/Police Tire 255/60R 18
• 10-Speed Auto Transmission
• Door Lock Hidden Plunger
• Aux Climate Control
• Cargo Dome Lamp Red/White
• Rear Door/Lock Inoperable
• Courtesy Lamp Disable
• Key code 1111X (Key Alike)
• Noise Suppress Bond Straps
• Deflector Plate
• Secure Idle (Police Eng. Idle)
• Reverse Sensing
• Front Lamp Housing (Standard)
• Rear View Mirror / with Camera
• Front License Plate BKT
• 2 – Driver and Passenger Ballistic Level III PLUS Panels • 2 – Drive and Passenger LED Spot Lamps
• Police Perimeter Alert
• Rear Camera on Demand
• Badge Delete
• Blind Spot Information System (BLIS)
• 50 State Emissions
• Flex Fuel Capability

Bidders shall quote per item with all equipment, accessories, and requirements as noted in the above specifications, and shall also include any additional fees, i.e California Tire Fee, on their Bid response ; no DMV fees shall be quoted. Vehicles shall include all standard warranties and guarantees. Bidders

1 Usage data is approximated historical data, can fluctuate, and is no guarantee for future usage.

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San Bernardino County
Sheriff/Coroner/Public
Administrator
Invitation to Bid
2025 Ford Explorer Police
Interceptor
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shall additionally provide information regarding any immediate availability of vehicles in stock, or in transit to their company.

Vehicles shall be delivered Monday through Friday, 7:00 a.m. to 3:30 p.m. Each vehicle must be delivered with ten (10) gallons of fuel at minimum.

B. Terms & Delivery

1. Terms shall be as listed in Section III – Standard Terms and Conditions. Additionally, San Bernardino County payment terms are Net 60 days after invoice and receipt of Product. Delivery shall be FOB County’s place of delivery, with immediate delivery based upon vehicle availability after issuance of County’s Purchase Order. San Bernardino County is Self-Insured. Vendor shall comply with invoicing requirements as stipulated by San Bernardino County.

2. For questions regarding this specifications or delivery and invoicing, etc. please contact the ITB Contact identified below:

San Bernardino County
Sheriff/Coroner/Public Administrator
Attn: Dayna LaFond – Administrative Supervisor
655 East Third Street – Bureau of Administration, Contracts & Procurement San Bernardino, CA 92415
Email: [email protected]

PRICING SCHEDULE SAMPLE

Line
Item

Description

Model
Year

Estimated
Quantity

Unit

Price

Extended
Price

1 Each

2 Each

4. PUBLIC AGENCY PARTICIPATION

It is intended that any other public agency (i.e., city, district, public authority, public agency, municipality and other political sub-division or public corporation of California) located in San Bernardino County shall have the option to participate in any award made as a result of this solicitation. Any agency located outside of San Bernardino County shall have the option to participate but shall incur all freight charges from location of awarded Bidder to delivery point. San Bernardino County shall inc ur no financial responsibility in connection with orders issued under the authority of this provision or in making payments to the vendor.

A. Winning Award Will be Required to Comply with the Following:

California Revenue and Taxation Code Section 18662

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Sheriff/Coroner/Public
Administrator
Invitation to Bid
2025 Ford Explorer Police
Interceptor
No. SHR124-ADMSR-5122

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Use Tax directly to the State of California per permit no. SR FH 25 -632384. Fifteen (15) business days prior to the first payment, new suppliers or suppliers with expired forms or forms with incorrect information, must submit new forms to the County (forms are available from the Franchise Tax Board website listed below).

B. Franchise Tax Board Website:
http://www.ftb.ca.gov

Section II: Instructions for Completing Invitation to Bid

1. PRICING YOUR BID

A. Bid on each item separately. Prices should be stated per unit(s) specified herein.

B. Unless otherwise specified, all prices shall be F.O.B. destination. Bids other than F.O.B. destination shall be considered non-responsive and will be rejected. Any freight charges must be priced separately from product pricing.

C. Unless otherwise specified, prices Bid herein should NOT include California sales/use tax or Federal excise tax. The County generally is required to pay California sales/use tax, and it should be shown as a separate item on invoices. The County is exempt from payment of Federal excise tax. It must NOT be included in invoices.

D. All prices and notations must be in ink or typewritten. No erasures are permitted. Mistakes may be crossed out and corrected and must be initialed in ink by person(s) signing the Bid.

E. Discounts of less than forty-five (45) days will not be considered in evaluation of Bids to determine overall apparent low Bidder.

F. Net 60 is the prevailing Net term. Net terms of less than 45 days will not be accepted. Net 45 days shall have no interest and no late payment fees.

2. SUBMITTING YOUR BID

A. Bids must be submitted electronically through the San Bernardino County Electronic Procurement Network (ePro) https://epro.sbcounty.gov/bso/ according to the timeline below:

Release of ITB September 27, 2023
Deadline for Proposals October 5, 2023; 4:00 PM PDT

B. In addition to electronic submission, Bids may be submitted in paper form. Each Bid submitted in hard copy must be in a separate sealed envelope WITH BID NUMBER ON THE OUTSIDE and must be delivered to San Bernardino County Sheriff’s Department, Bureau of Administration, Contracts/Procurement Division (where it will be time stamped to indicate time of receipt), 655 East Third Street, San Bernardino, California 92415, by the time and date specified.

C. Print, complete, sign and submit Section I, chapters 1 and 2, as part of your Bid.

D. Print, complete and submit Section 1, chapter 3, as part of your Bid.

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San Bernardino County
Sheriff/Coroner/Public
Administrator
Invitation to Bid
2025 Ford Explorer Police
Interceptor
No. SHR124-ADMSR-5122

Page 11 of 33 ends

E. Failure to Bid on authorized County form may be cause for rejection of Bid.

F. Any Bid received at the San Bernardino County Sheriff’s Department, Contracts and Procurement Unit, after the exact time for receipt will not be considered and will be rejected as a late Bid.

G. Late Bids will be returned to the Bidder unopened unless it is determined that the late receipt was due solely to mishandling by Sheriff and such determination is made prior to award.

H. The County’s primary means of providing Bids and addenda is through ePro (https://epro.sbcounty.gov/bso/).

All Bidders must be registered in ePro prior to the date for submission of Bids.

I. No oral interpretation shall be made to modify any provisions of any Bid specifications. Requests for an interpretation shall be made in writing to the ITB Contact listed in Section I.3.B prior to Bid opening and a written response will be posted on the County ePro website.

J. Any Bidder desiring to withdraw its Bid must do so before County Bid opening.

K. Bids submitted in response to this ITB must be in full conformance with the terms and conditions set forth herein. Further, all specification requirements must be met unless the language of the ITB specifically indicates alternate specifications will be considered.

L. Samples of items, when required, must be furnished free of expense to the County, and if not destroyed by tests will, upon request, be returned at the Bidder's expense.

M. All Bids must be signed with the firm name and by an authorized officer or employee. Obligations assumed by such signature must be fulfilled.

3. EVALUATION AND AWARD

A. Bids are subject to acceptance at any time within 270 days after opening of same, unless otherwise stipulated by the County.

B. In determining the lowest Bid, discounts of 30 days or greater will be considered. Discounts will be calculated from receipt and acceptance of merchandise or invoice, whichever is later.

C. Award will be made by Sheriff to the responsive, responsible Bidder providing the best value.

D. The County reserves the right to waive a variation in specification if, in the opinion of the County, such variation does not materially change the item or its performance within parameters acceptable to the County.

E. The County reserves the right to reject any or all Bids and to accept or reject any item(s) thereon, or waive any irregularity in the Bid.

F. In the event of a conflict between a unit price Bid and Bidder's extended price, the unit price will prevail unless price is so obviously unreasonable as to indicate an error. In that event, the County will seek clarification from the Bidder if time permits. If not, the County may reject the Bid as non- responsive for the reason of inability to determine the intended Bid.

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San Bernardino County
Sheriff/Coroner/Public
Administrator
Invitation to Bid
2025 Ford Explorer Police
Interceptor
No. SHR124-ADMSR-5122

Page 12 of 33 ends

G. The County reserves the right to perform a pre -award survey of the Bidder to determine capability to perform, including but not limited to facilities, financial responsibility, materials/supplies, and past performance. The determination of the County as to the Bidder’s prospective ability to perform the contract shall be conclusive.

4. PROTEST PROCEDURES

A. In the event a dispute arises concerning the Bid process prior to the award of the Contract, the Bidder raising the dispute shall submit a request for resolution in writing to the Purchasing Agent. Bidder may appeal the recommended award or denial of award (Protest), provided the Protest:

1. Is submitted in writing.

2. Is submitted within ten (10) calendar days of the issuance date of a Notice of Intent to Award.

B. A Protest can only be brought on the following grounds:

1. Failure of the County to follow the selection procedures and adhere to requirements specified in the Invitation to Bid or any addenda or amendments.

2. Violation of conflict of interest as provided by California Government Code Section 87100 et seq.

3. Violation of State or Federal law.

C. Protests will not be accepted for any other reasons than those stated above. All Protests must be sent to:

Pete Mendoza, Interim Purchasing Director
San Bernardino County
Purchasing Department
777 E. Rialto Avenue
San Bernardino, CA 92415-0760

D. Upon receipt of the formal Protest, the Purchasing Agent, or their designee, will attempt to resolve the Protest. A Protest shall be disallowed when, in the judgment of the Purchasing Agent it has been submitted: (1) as a delay tactic; (2) for the purpose of posturing the Bidder advantageously for future procurement; (3) in a form that deviates from the one prescribed; (4) without adequate factual basis or merit; or (5) in an untimely manner.

The Purchasing Agent shall make a decision concerning the Protest, and notify the Bidder submitting the Protest, within a reasonable timeframe prior to the tentatively scheduled date for awarding the Contract.

The Purchasing Agent shall notify the Bidder making the Protest of the decision, within a reasonable timeframe prior to the tentatively scheduled date for awarding the Contract. If the Contract must be approved by the Board of Supervisors (Board), after receiving a decision from the Purchasing Agent, the Bidder may then present its Protest to the Clerk of the Board of Supervisors for the Board’s review and decision. The Bidder must file its written Protest with the Clerk of the Board or provide a verbal Protest (typically limited to three minutes) prior to the Board making a decision on the Contract. Any decision of the Board shall be deemed final.

By submitting a “Letter of Protest”, the Bidder has agreed that the protest procedures herein shall precede any action in a judicial or quasi -judicial tribunal regarding this Bid. Protests that do not follow these procedures shall not be considered. The Protest procedures constitute the sole administrative remedy available to the Bidder under this ITB. Upon exhaustion of this remedy no additional recourse is available.

5. LOCAL VENDOR PREFERENCE

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San Bernardino County
Sheriff/Coroner/Public
Administrator
Invitation to Bid
2025 Ford Explorer Police
Interceptor
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The County has adopted a preference (County Policy 11-10) for vendors whose principal place of business is located within the boundaries of the County. The definition of a Local Vendor is contained within County Policy 11-10 (Attachment B). A local preference of five percent (5%) preference shall be applied in the cost evaluation of Bids for goods, services, equipment, or a minor public work project, unless an exemption applies. In a price-based bid, five percent (5%) will be deducted from the local vendor’s proposed cost for the purpose of comparison when t he local vendor’s proposed cost is not the lowest. If the local vendor’s Bid is equal to or lower than the price of an otherwise successful non-local vendor after the 5% preference is applied, the local vendor will be given the opportunity to match the lowest quoted price. In a best value evaluation, five percent (5%) of the allowable points for cost will be added to the local vendor’s score. If the local vendor’s overall score is equal to or lower than that of an otherwise successful non -local vendor, the local vendor will be recommended for award. Due to the evaluation of qualitative elements along with cost in a best value evaluation, application of local preference for cost proposals m ay not result in award to a local vendor with the lowest cost after applying local preference.

The County’s Local Preference Policy means for example, if two Bidders are responding to this ITB and if quality, service and ability to meet the County’s needs are equal, County staff must determine if one of the Bidders is a local vendor. Bidders may self-certify as a local vendor by submitting Attachment A – Local Vendor Preference Self-Certification. If one of the Bidders is a local vendor, and its quoted price or cost for services, equipment, goods or supplies does not exceed five percent (5%) of the other Bidder’s quoted price or cost, unless it is determined that an exemption applies, staff must give the local vendor an opportunity to match the lowest quoted price to be recommended for the contract award.

Section III: Standard Terms and Conditions

The terms below apply to any subsequent contract awarded to a successful Bidder.

1. DEFINITIONS

A. “Bidder" shall mean any person, firm, partnership, or corporation submitting a Bid to County in response to this ITB.

B. "County" shall mean the San Bernardino County, California

C. "Contractor" shall mean the Bidder whose Bid is accepted by County and who has entered into an agreement with County to provide the goods, equipment and/or services described herein.

2. ASSIGNMENT OF RIGHTS, TITLE AND INTEREST

In submitting a Bid to a public purchasing body, the Bidder offers and agrees that if the Bid is accepted, it will assign to the County all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15) or under the Cartwright Act (Chapter 1 (commencing with §16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the Bidder for sale to the County pursuant to the Bid. Suc h assignment shall be made and become effective at the time the County tenders final payment to the Contractor.

3. CAL OSHA

As applicable, all items furnished under this Bid shall meet or exceed the standards established by the California Occupational Safety and Health Act of 1973 and current amendments thereto, provided the end use of the item is for the purpose for which the item is intended.

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San Bernardino County
Sheriff/Coroner/Public
Administrator
Invitation to Bid
2025 Ford Explorer Police
Interceptor
No. SHR124-ADMSR-5122

Page 14 of 33 ends

4. FORMAL BIDS

In the event this Bid results in a contract and/or purchase order, terms and conditions of this Bid are incorporated therein and form a part of the purchase order.

5. DELIVERY

Time is of the essence, and the contract and/or purchase order is subject to termination for failure to deliver on time. The acceptance by County of late performance with or without objection or reservation shall not waive the right to claim damage for such breach nor constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by the Contractor.

6. INSPECTION

All items or services are subject to final inspection and acceptance at designation by the County. Such final inspection shall be made within a reasonable time after delivery.

7. TERMINATION FOR DEFAULT

The County may, by written notice of default to the Contractor, terminate any resulting order in whole or in part should the Contractor fail to make satisfactory progress, fail to deliver within time specified therein or fail to deliver in strict conformance to specifications and requirements set forth therein. In the event of such termination, the County reserves the right to purchase or obtain the supplies or services elsewhere, and the defaulting Contractor shall be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the County. The prevailing market price shall be considered the fair repurchase price.

A. If, after notice of termination of any resulting order under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, the rights and obligations of the parties shall be the same as if the notice of termination had been issued for convenience as set forth below.

B. The rights and remedies of County provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order.

8. TERMINATION FOR CONVENIENCE

The County may, by written notice stating the extent and effective date, terminate any resulting order for convenience in whole or in part, at any time. The County shall pay the Contractor as full compensation for performance until such termination:

A. The unit or pro rata price for the delivered and accepted portion.

B. A reasonable amount, as costs of termination, not otherwise recoverable from other sources by the Contractor as approved by the County, with respect to the undelivered or unaccepted portion of the order, provided compensation hereunder shall in no event exceed the total price.

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C. In no event shall the County be liable for any loss of profits on the resulting order or portion thereof so terminated.

D. The rights and remedies of County provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order.

9. TITLE

Title to the material and supplies purchased shall pass directly from Contractor to County upon delivery to the County destination, subject to the right of County to reject upon inspection, unless other arrangements have been made with the County in writing in advance.

10. VARIATIONS IN SPECIFICATIONS

The County reserves the right to waive a variation in specification if, in the opinion of the County, such variation does not materially change the item or its performance within parameters acceptable to the County.

11. AVAILABILITY OF FUNDING

The maximum amount of payment under this Contract shall be subject to availability of funds to the County.

12. INSPECTION OF MATERIALS/SUPPLIES

All performance (which includes materials, supplies and equipment furnished or utilized in the performance of the Contract) shall be subject to inspection and test by the County at all times during the term of the Contract and/or purchase order. The Contractor shall provide adequate cooperation to any inspector assigned by the County to permit the inspector to determine the Contractor's conformity with these specifications and the adequacy of the services being contr actually provided. All inspection by the County shall be made in such a manner as not to unduly interfere with Contractor performance.

13. DISPUTES

A. Except as otherwise provided in the Contract, any dispute concerning a question of fact regarding a provision of the Contract which is not disposed of by agreement shall be decided by the Director of Purchasing who shall furnish the decision to the Contractor in writing. The decision of the Director of Purchasing shall be final and conclusive unless determined by the court of competent jurisdiction to have been fraudulent or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith. The Contractor shall proceed diligently with the performance of the Contract pending the Director of Purchasing’s decision.

B. The "Disputes" clause does not preclude consideration of legal questions in connection with decisions provided for in paragraph (A) above. Nothing in the Contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law.

C. In the event of any dispute, claim, question or disagreement arising from or relating to the Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.

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14. CHANGES

The Director of Purchasing may at any time, by written order, make changes within the general scope of the Contract, in the definition of services to be performed, and the time (i.e., hours of the day, days of the week, etc.) and place of performance thereof. Such changes will become effective not less than 30 days after notice of such changes are provided to Contractor. If any such change causes an increase or decrease in the cost of, or the time required for the performance of any part of the work under the Contract, whether changed or not changed by any such order, the parties shall negotiate an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change; provided however, that if the Director of Purchasing decides that the facts justify such action, the Director of Purchasing may receive and act upon any such claim asserted at any time prior to final payment under the Contract. Where the cost of property made obsolete or excess as a result of a change is included in the Contractor's claim for adjustment, the Director of Purchasing shall have the right to prescribe the manner of disposition of such property. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of the Contract entitled "Disputes". If no agreement can be reached on the changes, at the County’s option the Contractor may continue to proceed with the Contract without the changes becoming effective, or the County may terminate the Contract for convenience in accordance with the applicable provision s in the Contract.

15. ASSIGNABILITY

The Contractor shall not assign any interest in the Contract, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the County thereto.

Notwithstanding the foregoing, Contractor may assign claims for money due or that become due to the Contractor from the County under the Contract without such approval, provided that such assignment is not in violation of, nor would cause the County to be in violation of, applicable law. Written notice of a ny such assignment or transfer shall be furnished promptly to the County.

16. INDEMNITY

Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers (Indemnitees) from any and all claims, actions, losses, damages and/or liability arising out of the Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnif ication provision shall apply regardless of the existence or degree of fault of Indemnitees. The Contractor indemnification obligation applies to the County’s “active” as well as “passive” negligence.

17. CONDUCT OF CONTRACTOR

A. The Contractor agrees to inform the County of all the Contractor's interests, if any, which are or which the Contractor believes to be incompatible with any interests of the County.

B. The Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer,

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shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.

C. The Contractor shall not use for personal gain or make other improper use of privileged information which is acquired in connection with the Contract. In this connection, the term "privileged information" includes, but is not limited to, unpublished information relating to technological and scientific development; medical, personnel, or security records of the individuals; anticipated materials requirements or pricing actions; and knowledge of selections of contractors or subcontractors in advance of official announcement.

D. The Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding the Contract.

The County, by written notice, may immediately terminate any Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the Bid and award process. This prohibition shall apply to any amendment, extension or evaluation process once a Contract has been awarded.

The Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with s upervision of the employee or to the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.

18. DISALLOWANCE

In the event the Contractor receives payment for services under the Contract which is later disallowed by the County, the Contractor shall promptly refund the disallowed amount to the County on request, or at its option, the County may offset the amount disallowed from any payment due to the Contractor under any contract with the County.

19. GOVERNING LAW AND VENUE

The Contract shall be construed and interpreted according to the laws of the State of California. The parties agree that the venue of any action or claim brought by any party to the Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue.

20. AUDIT AND INSPECTION OF RECORDS

A. General. The County shall have the audit and inspection rights described in this section.

B. Cost or pricing data. If the Contractor submitted cost or pricing data in connection with the pricing of the Contract or any change or modification thereto, unless such pricing was based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities of the general public, or prices set by law or regulation, the Director of Purchasing or his/her representatives who are employees of the County or its agent shall have the right to examine all books, recor ds, documents and other data of the Contractor related to the negotiation pricing or performance of such

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contract, change or modification, for the purpose of evaluating the accuracy, completeness and currency of the cost or pricing data submitted.

C. Availability. The materials described above shall be made available at the office of the Contractor, at all reasonable times, for inspection, audit or reproduction, until the expiration of three years from the date of final payment under the Contract, or by (1) and (2) below:

1. If the Contract is completely or partially terminated, the records relating to the work terminated shall be made available for a period of three years from the date of any resulting final settlement.

2. Records which relate to appeals under the "Disputes" clause of the Contract, or litigation or the settlement of claims arising out of the performance of the Contract, shall be made available until such appeals, litigation, or claims have been disposed of, or three years after Contract completion, whichever is longer.

D. The Contractor shall insert a clause containing all the provisions of this entire clause in all subcontracts hereunder except altered as necessary for proper identification of the contracting parties and the contracting officer under the County's prime contract.

21. PATENT AND COPYRIGHT LICENSE

County shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics, forms, designs, plans, procedures , systems, and any other materials or properties developed under the Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. All such materials developed under the terms of the Contract shall acknowledge the County as the funding agency and Contractor as the creator of the publication. No such materials or properties produced in whole or in part under the Contract shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. Copies of all educational and training materials, curricula, audio/visual aids, printed m aterial, and periodicals, assembled pursuant to the Contract must be filed with the County prior to publication.

The Contractor shall report to the Director of Purchasing, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of the Contract of which the Contractor has knowledge.

22. CONTRACTOR REPRESENTATION

Unless the Contractor expressly states otherwise in its Bid, where functional requirements are expressly stated as part of the requirements of this solicitation, the Contractor, by responding, represents that in its opinion the materials and/or system prop osed is capable of meeting those requirements. In the event of any inconsistency between the functional specifications and the detailed specifications contained in the solicitation, the former will control.

23. WARRANTY

Contractor agrees that the equipment or supplies to be furnished shall be covered by the most favorable commercial warranties the Contractor gives to any customer for the same or substantially similar equipment or supplies and that the rights and remedies so provided are in addition to and do not limit any rights afforded to County.

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24. PERMITS, NOTICES, FEES AND LAWS

The Contractor shall, at Contractor's expense, obtain all necessary permits and licenses, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to work and to the preservation of the public health and safety.

25. AIR, WATER POLLUTION CONTROL, SAFETY AND HEALTH

Contractor shall comply with all air pollution control, water pollution, Safety and Health Ordinances and statutes which apply to the work performed pursuant to the Contract, including any requirements specified in state government codes.

26. FINDINGS CONFIDENTIAL

Any reports, information, data, etc., given to or prepared or assembled by the Contractor under the Contract which the County requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without the prior written approval of the County.

27. NOTICE

Any notice or notices required or permitted to be given pursuant to the Contract may be personally served on the other party by the party giving such notice, or may be served by certified mail, return receipt requested, to the addresses set forth herein.

28. PRODUCT IDENTIFICATION AND LABELING

Each package shall be identified with manufacturer's label, which shall conform to the requirements of the Fair Packaging and Labeling Act and Section 12604 of the California Business and Professions Code.

29. DRUG & ALCOHOL FREE WORKPLACE

In recognition of individual rights to work in a safe, healthful and productive work place, as a material condition of the Contract, Contractor agrees that the Contractor and the Contractor’s employees, while performing service for the County, on County property, or while using County equipment:

A. Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.

B. Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.

C. Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Contractor’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.

D. Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County’s objective of a safe, healthful and productive work place and

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the prohibition of drug or alcohol use or impairment from same while performing such service for the County.

E. The County may terminate for default or breach of the Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor’s employees are determined by the County not to be in compliance with above.

30. ORDERING

County shall issue a contract/purchase order containing all applicable requirements to Contractor.

Contractor shall complete delivery of items ordered to destinations set forth in the contract/purchase order.

Each contract/purchase order shipment shall be accompanied by a delivery confirmation or bill of lading itemizing all materials, goods, supplies or equipment shipped. Partial shipments are acceptable.

31. PAYMENTS AND INVOICES

The County is precluded from making payments prior to receipt of equipment or supplies (advance payments).

Original detailed invoices will be submitted monthly, or at the completion of each phase or task, or at Contract completion to the address specified below:

• Mail/Deliver invoices to: San Bernardino County Sheriff’s Department Attn: Bureau of Administration – Automotive Division
655 East Third Street
San Bernardino, CA 92415

• Email invoices to: [email protected]

A. Reserved

B. The invoice must identify the corresponding purchase order number(s).

C. The invoice must specify items and deliverables for all items on the purchase order as described on the “Pricing Schedule.”

D. Payment shall be Net 60 Days from receipt and approval of invoice unless otherwise stated. Discounts will be calculated from receipt of merchandise or invoice, whichever is later.

E. Payments shall not be provided for services deemed unacceptable by the County or its designee.

F. Bidder shall accept all payments from County via electronic fund transfer (EFT) directly deposited into the Bidder’s designated checking or other bank account. Bidder shall promptly comply with directions and accurately complete forms provided by Department required to process EFT payments.

32. FLAMMABILITY AND TOXICITY

Materials furnished under the Contract must meet or exceed minimum California State Fire Marshal's standard for flammability and toxicity for institutional fabrics. Contractor shall provide evidence of the California Fire Marshal's test results and approval number.

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33. CONTRACT ADMINISTRATION

The Director of Purchasing is the designated Contracting Officer and is the only County official authorized to make any changes to the Contract or Purchase Order.

The County has designated the following individual as the Contracting Officer's Representative (COR):

Sheriff’s Administrative Manager – Contracts/Procurement Unit, or their designee San Bernardino County Sheriff’s Department – Bureau of Administration 655 East Third Street
San Bernardino, CA 92415
909-387-3602
[email protected]

When necessary, the COR will chair contractor progress meetings and will coordinate the County's contract administrative functions. The COR is designated to receive and approve Contractor invoices for payment, audit and inspect records, inspect Contractor Services, and pro vide other technical guidance as required.

The COR is not authorized to change any terms and conditions of the Contract. Changes to the scope of work will be made only by the Purchasing Agent and/or the Contracting Officer in accordance wi th the change provisions above.

34. RIGHT TO ACQUIRE EQUIPMENT

Nothing in this agreement shall prohibit the County from acquiring the same type or equivalent equipment, goods, materials, or supplies from other sources, when deemed by the County to be in its best interest.

35. NON-DISCRIMINATION
During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status. Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.

36. SEVERABILITY

Should any part of the Contract be held to be invalid by a court of competent jurisdiction, the remainder of the Contract shall be considered as the whole agreement and be binding on the contracting parties.

37. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country- information/ukraine-russia-related-sanctions), as well as any sanctions imposed under state law

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(https://www.dgs.ca.gov/OLS/Ukraine-Russia). By submitting a Bid or proposal, Proposer represents that it is not a target of Economic Sanctions. Should it be determined Proposer is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Proposer’s Bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the County.

38. RESERVED

39. CAMPAIGN CONTRIBUTION DISCLOSURE (SB 1439)

Campaign contributions include those made by any agent/person/entity on behalf of the Contractor or by a parent, subsidiary or otherwise related business entity of Contractor.

Contractor has disclosed to the County using Attachment C - Campaign Contribution Disclosure Senate Bill 1439, whether it has made any campaign contributions of more than $250 to any member of the Board of Supervisors or County elected officer [Sheriff, Assessor-Recorder-Clerk, Auditor-Controller/Treasurer/Tax Collector and the District Attorney] within the earlier of: (1) the date of the submission of Contractor’s proposal to the County, or (2) 12 months before the date the Contract was approved by the Board of Supervisors.

Contractor acknowledges that under Government Code section 84308, Contractor is prohibited from making campaign contributions of more than $250 to any member of the Board of Supervisors or County elected officer for 12 months after the County’s consideration of the Contract.

In the event of a proposed amendment to the Contract, the Contractor will provide the County a written statement disclosing any campaign contribution(s) of more than $250 to any member of the Board of Supervisors or County elected officer within the preceding 12 months of the date of the proposed amendment.

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ATTACHMENT A

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ATTACHMENT B

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Attachment C
Campaign Contribution Disclosure
(SB 1439)

INVITATION TO BID INFORMATION

Invitation to Bid Title:

Invitation to Bid Number:

DEFINITIONS

Actively supporting the matter: (a) Communicate directly with a member of the Board of Supervisors or other County elected officer [Sheriff, Assessor -Recorder-Clerk, District Attorney, Auditor -Controller/Treasurer/Tax Collector] for the purpose of influencing the decision on the matter ; or (b) testifies or makes an oral statement before the County in a proceeding on the matter for the purpose of influencing the County’s decision on the matter; or (c) communicates with County employees, for the purpose of influencing the County’s decision on the matter; or (d) when the person/company’s agent lobbies in person, testifies in person or otherwise communicates with the Board or County employees for purposes of influencing the County’s decision in a matter.

Agent: A third-party individual or firm who, for compensation, is representing a party or a participant in the matter submitted to the Board of Supervisors. If an agent is an employee or member of a third-party law, architectural, engineering or consulting firm, or a similar entity, both the entity and the individual are considered agents.

Otherwise related entity: An otherwise related entity is any for-profit organization/company which does not have a parent-subsidiary relationship but meets one of the following criteria:
(1) One business entity has a controlling ownership interest in the other business entity; (2) there is shared management and control between the entities; or (3) a controlling owner (50% or greater interest as a shareholder or as a general partner) in one entity also is a controlling owner in the other entity.

For purposes of (2), “shared management and control” can be found when the same person or substantially the same persons own and manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees, or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a regular and close working relationship between the entities.

Parent-Subsidiary Relationship: A parent-subsidiary relationship exists when one corporation has more than 50 percent of the voting power of another corporation.

Bidder must respond to the questions on the following page. If a question does not apply respond N/A or Not Applicable.

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1. Name of Entity/Individual submitting a bid:

2. Name of Principal (i.e., CEO/President) of entity listed in Question No. 1, if the individual actively supports the matter and has a financial interest in the decision:

3. Name of agent:

Company Name Agent(s)

4. Name of Subcontractor(s) (including Principal and Agent(s)) that will be providing services/work under the proposed contract if the subcontractor (1) actively supports the matter and (2) has a financial interest in the decision and (3) will be possibly identified in the contract/agreement with the County or board governed special district.

Company Name Subcontractor(s): Principal and/or Agent(s):

5. Is the entity listed in Question No.1 a nonprofit organization under Internal Revenue Code section 501(c)(3)? Yes ☐ No ☐

6. Was a campaign contribution, of more than $250, made to any member of the San Bernardino County Board of Supervisors or other County elected officer on or after January 1, 2023, by any of the individuals or entities listed in Question Nos. 1-4?

No ☐ If no, please skip Question No. 7.

Yes ☐ If yes, please continue to complete this form.

7. Name of Board of Supervisor Member or other County elected officer:

Name of Contributor:

Date(s) of Contribution(s):

Amount(s):

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Please add an additional sheet(s) to identify additional Board Members /County elected officers to whom anyone listed made campaign contributions.

By signing the Bid, Bidder certifies that the statements made herein are true and correct. The Bidder understands that the individuals and entities listed in Question Nos. 1-4 are prohibited from making campaign contributions of more than $250 to any member of the Board of Supervisors or other County elected officers while this matter is pending and for 12 months after a final decision by the County.

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ATTACHMENT D

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08/2023 Formal ITB

Invitation to Bid
No. SHR124-ADMSR-5118
2024 Ford Maverick XL – Supercrew 4 Door

San Bernardino County
Sheriff/Coroner/Public Administrator
655 East Third Street
San Bernardino, CA 92415
September 26, 2023

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TABLE OF CONTENTS

SECTION I: INVITATION TO BID AND GENERAL INFORMATION

1. REPRESENTATIONS AND CERTIFICATIONS .................................... Page 4

2. PUBLIC RECORDS ACT ...................................................................... Page 7

3. PRICING SCHEDULE ......................................................................... Page 8

4. PUBLIC AGENCY PARTICIPATION ..................................................... Page 9

SECTION II: INSTRUCTIONS FOR COMPLETING INVITATION TO BID

1. PRICING YOUR BID ........................................................................... Page 10

2. SUBMITTING YOUR BID ...................................................................... Page 10

3. EVALUATION AND AWARD ............................................................... Page 11

4. PROTEST PROCEDURES ................................................................. Page 11

5. LOCAL VENDOR PREFERENCE ....................................................... Page 12

SECTION III: STANDARD TERMS AND CONDITIONS

1. DEFINITIONS .................................................................................... Page 13

2. ASSIGNMENT OF RIGHTS, TITLE AND INTEREST ......................... Page 13

3. CAL OSHA ....................................................................................... Page 13

4. FORMAL BIDS .................................................................................. Page 13

5. DELIVERY ................................................................................................. Page 13

6. INSPECTION .................................................................................... Page 14

7. TERMINATION FOR DEFAULT ......................................................... Page 14

8. TERMINATION FOR CONVENIENCE .............................................. Page 14

9. TITLE ................................................................................................ Page 14

10. VARIATIONS IN SPECIFICATIONS .................................................. Page 15

11. AVAILABILITY OF FUNDING ............................................................. Page 15

12. INSPECTION OF SERVICE/MATERIALS/SUPPLIES ....................... Page 15

13. D ISPUTES ......................................................................................... Page 15

14. CHANGES ......................................................................................... Page 15

15. ASSIGNABILITY ................................................................................ Page 16

16. INDEMNITY ....................................................................................... Page 16

Packet Page.
1063

San Bernardino County
Sheriff/Coroner/Public
Administrator
Invitation to Bid
2024 Ford Maverick XL –
Supercrew 4 Door
No. SHR124-ADMSR-5118

Page 3 of 32 ends

17. CONDUCT OF CONTRACTOR ......................................................... Page 16

18. DISALLOWANCE ............................................................................. Page 17

19. GOVERNING LAW AND VENUE ....................................................... Page 17

20. AUDIT AND INSPECTION OF RECORDS ........................................ Page 17

21. PATENT AND COPYRIGHT LICENSE .............................................. Page 18

22. CONTRACTOR REPRESENTATION ................................................ Page 18

23. WARRANTY ...................................................................................... Page 18

24. PERMITS, NOTICES, FEES AND LAWS .......................................... Page 18

25. AIR, WATER POLLUTION CONTROL, SAFETY AND HEALTH ....... Page 18

26. FINDINGS CONFIDENTIAL ............................................................... Page 19

27. NOTICE ............................................................................................. Page 19

28. PRODUCT IDENTIFICATION AND LABELING ................................. Page 19

29. DRUG & ALCOHOL FREE WORKPLACE ......................................... Page 19

30. ORDERING ....................................................................................... Page 19

31. PAYMENTS AND INVOICES ............................................................. Page 20

32. FLAMMABILITY AND TOXICITY ....................................................... Page 20

33. CONTRACT ADMINISTRATION ....................................................... Page 20

34. RIGHT TO ACQUIRE EQUIPMENT AND SERVICES ....................... Page 21

35. NONDISCRIMATION……………………………………………………….Page 21

36. SEVERABILITY ................................................................................. Page 21

37. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS ....................... Page 21

38. CAMPAIGN CONTRIBUTION DISCLOSURE (SB 1439) .................... Page 21

39. LOCAL VENDOR PREFERENCE SELF-CERTIFICATION…………... Page 23

40. LOCAL VENDOR PREFERENCE POLICY 11-10……………………... Page 24

Packet Page.
1064

San Bernardino County
Sheriff/Coroner/Public
Administrator
Invitation to Bid
2024 Ford Maverick XL –
Supercrew 4 Door
No. SHR124-ADMSR-5118

Page 4 of 32 ends

Section I: Invitation to Bid (ITB) and General Information

1. REPRESENTATIONS AND CERTIFICATIONS

A. Business Representation
Bidder represents as a part of this Bid the following information regarding the ownership, operation, and control of its business:

1. Are you a local business with a physical address within San Bernardino County? __Yes __No

2. Estimated percentage of work in this Bid to be performed or fulfilled locally (within the geographic boundaries of the San Bernardino County):_ %

3. Please complete Attachment A: Local Vendor Preference Self Certification

If Bidder or any of its subcontractors, agents or consultants, have previously contracted with the County to perform related work on this project (e.g. preparing components of the statement of work or plans and specifications for this project), Bidder shall identify those previous agreement(s) and submit that list along with the Bid. Other than as may be submitted on said list, Bidder certifies to the best of its knowledge that it and its proposed subcontractors, agents and consultants have not previously contracted with the County to perform work on or related to this project.

C. Disclosure of Criminal and Civil Proceedings and Public Contract Terminations Except as allowed for in Section C .4, Bidder hereby certifies to the best of its knowledge that neither it nor any of its officers:

2. Have within a three (3) year period preceding this agreement had one or more public transactions (federal, state or local) terminated for cause or default.

3. Are presently the target or subject of any investigation, accusation or charges by any federal, state or local law enforcement, licensing or certification body.

Packet Page.
1065

San Bernardino County
Sheriff/Coroner/Public
Administrator
Invitation to Bid
2024 Ford Maverick XL –
Supercrew 4 Door
No. SHR124-ADMSR-5118

Page 5 of 32 ends

relevant information) that prevent it from making the requested certifications. The County reserves the right to disqualify Bidder based upon information disclosed.

D. Current Cost or Pricing
Bidder certifies to the best of its knowledge that cost and/or pricing data submitted with this Bid , or specifically identified by reference if actual submission of the data is impracticable, are accurate, complete, and current as of the date signed below.

E. Independent Pricing
Bidder certifies that in relation to this procurement:

2. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit an offer to restrict competition.

H. Campaign Contribution Disclosure (SB 1439)
Bidder has disclosed to the County through completion of Attachment C – Campaign Contribution Disclosure Senate Bill 1439, whether it has made any campaign contributions of more than $250 to any member of the Board of Supervisors or other County elected officer [Sheriff, Assessor-Recorder-Clerk, District Attorney, Auditor-Controller/Treasurer/Tax Collector] after January 1, 2023. Bidder acknowledges that under Government Code section 84308, subdivision (e)(2), Bidder may not make a contribution of more than $250 to any County elected officer while award of a contract pursuant to this Invitation to Bid is pending, and for 12 months after a final decision is rendered by the County. Campaign contributions include those made by any agent/person/entity on behalf of the Bidder or by a parent, subsidiary or otherwise related business entity of Bidder.

Packet Page.
1066

San Bernardino County
Sheriff/Coroner/Public
Administrator
Invitation to Bid
2024 Ford Maverick XL –
Supercrew 4 Door
No. SHR124-ADMSR-5118

Page 6 of 32 ends

Name:__________________________________________________________________

Title:___________________________________________________________________

Company/Organization:____________________________________________________

Address:________________________________________________________________

Signature:_______________________________________________________________

Date:___________________________________________________________________

Phone Number:___________________________________________________________

Email Address:____________________________________________________________

Packet Page.
1067

San Bernardino County
Sheriff/Coroner/Public
Administrator
Invitation to Bid
2024 Ford Maverick XL –
Supercrew 4 Door
No. SHR124-ADMSR-5118

Page 7 of 32 ends

2. PUBLIC RECORDS ACT

All Bids and other material submitted become the property of the County and are subject to release according to the California Public Records Act (Government Code § 7290, et seq ). All Bid information, including cost information, will be held in confidence during the evaluation and until a Notice of Intent to Award notification has been issued. Thereafter, Bids are subject to becoming a non-exempt public record.

If a Bidder believes that any portion of its Bid is exempt from public disclosure, it must indicate the specific portions believed to be confidential and not subject to disclosure within their response. The Bidder also must include a brief description that sets out the reasons for exemption from disclosure. Each stated exemption must include a citation to supporting legal authority, including statutory authority or case law, to support exemption from the Public Records Act. Requested exemptions that do not meet the requirements of this section will not be considered.

By submitting a Bid with portions identified as “Confidential,” Bidder represents that it has a good faith belief that such portions are exempt from disclosure under the California Public Records Act. Bidder may be requested to obtain legal protection from disclosure should a Public Records Act request be received. In the event the County does not disclose the information marked “Confidential,” Bidder agrees to reimburse the County for, and to indemnify, defend (with counsel approved by County) and hold harmless the County, its officers, employees, agents, and volunteers from and against any and all claims, damages, losses, liabilities, suits, judgments, fines, penalties, costs and expenses, including without limitation, attorneys’ fees, expenses and court costs of any nature arising from or relating to the County’s non-disclosure of any such designated portions of a Bid.

TO BE COMPLETED BY AN AUTHORIZED REPRESENTATIVE OF THE BIDDER

Bidder Company/Organization Name:

Authorized Representative Name:

Authorized Representative Title:

Signature:

Date:

Packet Page.
1068

San Bernardino County
Sheriff/Coroner/Public
Administrator
Invitation to Bid
2024 Ford Maverick XL –
Supercrew 4 Door
No. SHR124-ADMSR-5118

Page 8 of 32 ends

3. PRICING SCHEDULE

A. S pecifications
San Bernardino County, by and through its included Sheriff/Coroner/Public Administrator (Sheriff) is procuring 2024 Ford Maverick XL – Supercrew 4 Door vehicles as specified below, in quantities ordered, at times needed, to be delivered to the Sheriff’s Automotive Division located at 655 East Third Street, San Bernardino, CA 92415:

PRODUCT UOM Annual
Usage1
2024 Ford Maverick XL – Supercrew 4 Door EA 15
• Exterior Color – Oxford White
• 2.0L EcoBoost w/Automatic Continuously Variable Transmission • Front Cloth Bucket Seats – Black Onyx
• Rear Cloth Bench Seat – Black Onyx
• 4.5’ Box
• 100A Equipment Group
• Bedliner – Spray-in
• Trailer Hitch Receiver with 4-Pin Connector
• Rear Vision Camera
• Front License Plate Bracket
• Full-Size Spare Wheel and Tire
• Wheels – 17-inch steel
• All-Season Tires – 225/65 R17
• Remote Keyless Entry System
• (4) K ey Fobs
• Universal Key Fob Programming
• Solid Temper Rear Window
• Reverse Sensing
• Floor Liners, All-Weather Tray Style
• California Emissions
• Locking Tailgate

Vehicles shall be delivered Monday through Friday, 7:00 a.m. to 3:30 p.m. Each vehicle must be delivered with ten (10) gallons of fuel at minimum.

B. T erms & Delivery

1 Usage data is approximated historical data, can fluctuate, and is no guarantee for future usage.

Packet Page.
1069

San Bernardino County
Sheriff/Coroner/Public
Administrator
Invitation to Bid
2024 Ford Maverick XL –
Supercrew 4 Door
No. SHR124-ADMSR-5118

Page 9 of 32 ends

after issuance of County’s Purchase Order. San Bernardino County is Self-Insured. Vendor shall comply with invoicing requirements as stipulated by San Bernardino County.

2. For questions regarding this specifications or delivery and invoicing, etc. please contact the ITB Contact identified below:

PRICING SCHEDULE SAMPLE

Line
Item

Description

Model
Year

Estimated
Quantity

Unit

Price

Extended
Price

1 Each

2 Each

4. PUBLIC AGENCY PARTICIPATION

It is intended that any other public agency (i.e., city, district, public authority, public agency, municipality and other political sub-division or public corporation of California) located in San Bernardino County shall have the option to participate in any award made as a result of this solicitation. Any agency located outside of San Bernardino County shall have the option to participate but shall incur all freight charges from location of awarded Bidder to delivery point. San Bernardino County shall incur no financial responsibility in connection with orders issued under the authority of this provision or in making payments to the vendor.

A. Winning Award Will be Required to Comply with the Following:

California Revenue and Taxation Code Section 18662

In compliance with California Revenue and Taxation code section 18662, if you are a non-resident of California (out-of-state invoices) who receives California source income, the County will pay California Use Tax directly to the State of California per permit no. SR FH 25- 632384. Fifteen (15) business days prior to the first payment, new suppliers or suppliers with expired forms or forms with incorrect information, must submit new forms to the County (forms are available from the Franchise Tax Board website listed below).

B. Franchise Tax Board Website:
http://www.ftb.ca.gov

Packet Page.
1070

San Bernardino County
Sheriff/Coroner/Public
Administrator
Invitation to Bid
2024 Ford Maverick XL –
Supercrew 4 Door
No. SHR124-ADMSR-5118

Page 10 of 32 ends

Section II: Instructions for Completing Invitation to Bid

1. PRICING YOUR BID

A. Bid on each item separately. Prices should be stated per unit(s) specified herein.

D. All prices and notations must be in ink or typewritten. No erasures are permitted. Mistakes may be crossed out and corrected and must be initialed in ink by person(s) signing the Bid.

E. Discounts of less than forty-five (45) days will not be considered in evaluation of Bids to determine overall apparent low Bidder.

F. Net 60 is the prevailing Net term. Net terms of less than 45 days will not be accepted. Net 45 days shall have no interest and no late payment fees.

2. SUBMITTING YOUR BID

A. Bids must be submitted electronically through the San Bernardino County Electronic Procurement Network (ePro) https://epro.sbcounty.gov/bso/ according to the timeline below:

Release of ITB September 26, 2023
Deadline for Proposals October 4, 2023; 4:00 PM PDT

C. Print, complete, sign and submit Section I, chapters 1 and 2, as part of your Bid.

D. Print, complete and submit Section 1, chapter 3, as part of your Bid.

E. Failure to Bid on authorized County form may be cause for rejection of Bid.

F. Any Bid received at the San Bernardino County Sheriff’s Department, Contracts and Procurement Unit, after the exact time for receipt will not be considered and will be rejected as a late Bid.

G. Late Bids will be returned to the Bid der unopened unless it is determined that the late receipt was due solely to mishandling by Sheriff and such determination is made prior to award.

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San Bernardino County
Sheriff/Coroner/Public
Administrator
Invitation to Bid
2024 Ford Maverick XL –
Supercrew 4 Door
No. SHR124-ADMSR-5118

Page 11 of 32 ends

H. The County’s primary means of providing Bids and addenda is through ePro (https://epro.sbcounty.gov/bso/).

All Bidders must be registered in ePro prior to the date for submission of Bids.

J. Any Bidder desiring to withdraw its Bid must do so before County Bid opening.

L. Samples of items, when required, must be furnished free of expense to the County, and if not destroyed by tests will, upon request, be returned at the Bidder's expense.

M. All Bid s must be signed with the firm name and by an authorized officer or employee. Obligations assumed by such signature must be fulfilled.

3. EVALUATION AND AWARD

A. Bids are subject to acceptance at any time within 270 days after opening of same, unless otherwise stipulated by the County.

B. In determining the lowest Bid , discounts of 30 days or greater will be considered. Discounts will be calculated from receipt and acceptance of merchandise or invoice, whichever is later.

C. Award will be made by Sheriff to the responsive, responsible Bidder providing the best value.

E. The County reserves the right to reject any or all Bids and to accept or reject any item(s) thereon, or waive any irregularity in the Bid.

G. The County reserves the right to perform a pre- award survey of the Bidder to determine capability to perform, including but not limited to facilities, financial responsibility, materials/supplies, and past performance. The determination of the County as to the Bidder’s prospective ability to perform the contract shall be conclusive.

4. PROTEST PROCEDURES

A. In the event a dispute arises concerning the Bid process prior to the award of the Contract, the B idder raising the dispute shall submit a request for resolution in writing to the Purchasing Agent. Bidder may appeal the recommended award or denial of award (Protest), provided the Protest:

Packet Page.
1072

San Bernardino County
Sheriff/Coroner/Public
Administrator
Invitation to Bid
2024 Ford Maverick XL –
Supercrew 4 Door
No. SHR124-ADMSR-5118

Page 12 of 32 ends

1. Is submitted in writing.

2. Is submitted within ten (10) calendar days of the issuance date of a Notice of Intent to Award.

B. A Protest can only be brought on the following grounds:

1. Failure of the County to follow the selection procedures and adhere to requirements specified in the Invitation to Bid or any addenda or amendments.

2. Violation of conflict of interest as provided by California Government Code Section 87100 et seq.

3. Violation of State or Federal law.

C. Protests will not be accepted for any other reasons than those stated above. All Protests must be sent to:

Pete Mendoza, Interim Purchasing Director
San Bernardino County
Purchasing Department
777 E. Rialto Avenue
San Bernardino, CA 92415-0760

5. LOCAL VENDOR PREFERENCE

The County has adopted a preference (County Policy 11-10) for vendors whose principal place of business is located within the boundaries of the County. The definition of a Local Vendor is contained within County Policy 11-10 (Attachment B). A local preference of five percent (5%) preference shall be applied in the cost evaluation of Bids for goods, services, equipment, or a minor public work project, unless an exemption applies. In a price-based bid, five percent (5%) will be deducted from the local vendor’s proposed cost for the purpose of comparison when the local vendor’s proposed cost is not the lowest. If the local vendor’s Bid is equal to or lower than the price of an otherwise successful non-local vendor after the 5% preference is applied, the local vendor will be given the opportunity to match the lowest quoted price. In a best value evaluation, five percent (5%) of the allowable points for cost will be added to the local vendor’s score. If the local vendor’s overall score is equal to or lower than that of an otherwise successful non- local vendor, the

Packet Page.
1073

San Bernardino County
Sheriff/Coroner/Public
Administrator
Invitation to Bid
2024 Ford Maverick XL –
Supercrew 4 Door
No. SHR124-ADMSR-5118

Page 13 of 32 ends

Mayor and City CouncilApril 17, 2024

Mayor and City Council
April 17, 2024