Agenda packet, special meeting — Mayor and City Council, December 4, 2024 (part 3 of 4)

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Sections 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5).

Under Title 40 U.S.C. Section 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of Title 40 U.S.C. Section 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to health or safety. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

H.Davis-Bacon Act, as amended (40 U.S.C. Sections 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. Sections 3141-3148) as supplemented by Department of Labor regulations (29 C.F.R. Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal contractor must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal Contractor must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. Section 874 and 40 U.S.C.

The non-Federal contractor must report all suspected or reported violations to the Federal awarding agency.
i. The Contractor and all Subcontractors and Sub-subcontractors are required to pay their employees and workers a wage not less than the minimum wage for the work classification as specified in both the Federal and California wage decisions. See Section 3.10.6 “Prevailing Wages” for additional information regarding California Prevailing Wage Rate Requirements and the applicable general prevailing wage determinations which are on file with the City and are available to any interested party on request. The higher of the two applicable wage determinations, either California prevailing wage or Davis-Bacon Federal prevailing wage, will be enforced for all applicable work/services under this Contract.

I.Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by Title 41 U.S.C. Section 1908, must address administrative, contractual, or legal remedies in instances where Contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

J.All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal Contractor including the manner by which it will be effected and the basis for settlement.

K.Equal Employment Opportunity. Except as otherwise provided under Title 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted construction contract” in Title 41 C.F.R.

Section 60-1.3 must include the equal opportunity clause provided under Title 41 C.F.R. Section 60-

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1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The identified clause is below and Contractor shall comply with the clause and all legal requirements and include the equal opportunity clause in each of its nonexempt subcontracts.
i. The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at Title 41 C.F.R. Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:

During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's

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commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

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The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

L.Data Collection Requirements – Contractor agrees to collect pre-post data per County, and United States Treasury guidelines and timeline, for project tracking and monitoring and various reporting purposes. Data including, but not limited to: Required Project Demographic Distribution Data; Required Performance Indicators and Programmatic Data; Required Expenditure Report Data; and Required Program Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and reportable database - retrievable collective data that needs to be available to County, State or Federal governments upon request.

M.Data Submission Requirements - Contractor agrees to furnish data to the County upon request, per County, and United States Treasury guidelines and timeline, for project tracking and monitoring and various reporting purposes. Data including, but not limited to: Required Project Demographic Distribution Data; Required Performance Indicators and Programmatic Data; Required Expenditure Report Data; Required Program Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and reportable database - retrievable collective data that needs to be available at request.

N.Project Progress Reporting - Contractor agrees to provide project timeline and progress updates to the City upon request, per County, and United States Treasury guidelines and timeline. Contractor agrees to routine and impromptu program and project evaluation by the City.

O.Contractor shall comply with Title 2 Code of Federal Regulations Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), including, but not limited to, Title 2 C.F.R. Section 200.303 (internal control), Title 2 C.F.R. Sections 200.331 through 200.333 (subrecipient monitoring and management), and Title 2 C.F.R. Part 200 Subpart F (audit requirements), as these sections currently exist or may be amended. The use of funds must also adhere to official federal guidance issued or to be issued on what constitutes an eligible expenditure.

Any funds expended by Contractor or its subcontractor(s) in any manner that does not adhere to official federal guidance shall be returned to the County. Contractor agrees to comply with all official guidance regarding the ARPA CLFRF. Contractor also agree that as additional federal guidance becomes available, an amendment to this Contract may become necessary. If an amendment is required, Contractor agrees to promptly execute the Contract amendment.

P.Contractor shall retain documentation of all uses of the funds, including but not limited to invoices and/or sales receipts in a manner consistent with Title 2 C.F.R. Section 200.334 (retention

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requirements for records). Such documentation shall be produced to City upon request and may be subject to audit. Unless otherwise provided by Federal or State law (whichever is the most restrictive), Contractor shall maintain all documentation connected with its performance under this Contract for a minimum of five (5) years from the date of the last payment made by City or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of the City, the State or the United States Government during normal business hours at Contractor. Copies will be made and furnished by Contractor upon written request by City.

Q.Contractor shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support Contractor’s requests for reimbursement which segregate and accumulate costs of Contractor and produce monthly reports which clearly identify reimbursable costs, matching fund costs (if applicable), and other allowable expenditures by Contractor.

Contractor shall provide a monthly report of expenditures under this Contract no later than the 20th day of the following month.

R.Contractor shall cooperate in having an audit completed by City, at City’s option and expense. Any audit required by ARPA CLFRF and its regulation and United States Treasury guidance will be completed by Contractor at Contractor’s expense.

S.Contractor shall repay to City any reimbursement for ARPA CLFRF funding that is determined by subsequent audit to be unallowable under the ARPA CLFRF within the time period required by the ARPA CLFRF, but no later than one hundred twenty (120) days of Contractor receiving notice of audit findings, which time shall include an opportunity for Contractor to respond to and/or resolve the findings. Should the findings not be otherwise resolved and Contractor fail to reimburse moneys due City within one hundred twenty (120) days of audit findings, or within such other period as may be agreed between both parties or required by the ARPA CLFRF, City reserves the right to withhold future payments due Contractor from any source under City’s control.

T.Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Title 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable and subject to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply.

U.Universal Identifier and System for Award Management (SAM), Title 2 C.F.R. Part 25.

V.Reporting Subaward and Executive Compensation Information, Title 2 C.F.R. Part 170.

W.OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (nonprocurement), Title 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to Title 2 C.F.R. Part 180 and Treasury’s implementing regulation at Title 31 C.F.R.

Part 19. Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 C.F.R. Section 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at Title 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R.

Part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

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X.Recipient Integrity and Performance Matters, pursuant to which the award terms set forth in Title 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.

Y.Government Requirements for Drug-Free Workplace, Title 31 C.F.R. Part 20.

Z.New Restrictions on Lobbying, Title 31 C.F.R. Part 21.

AA.Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. Sections 4601- 4655) and implementing regulations.

BB.Applicable Federal environmental laws and regulations.

CC.Statutes and regulations prohibiting discrimination include, without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) and Treasury’s implementing regulations at Title 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability.
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. Sections 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.

DD.Contractor understands that making false statements or claims in connection with the ARPA funded activities is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.

EE. Any publications produced with ARPA funds must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number SLT-0628 awarded to San Bernardino County by the U.S. Department of Treasury.”
FF. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is being encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles.

GG.Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor is being encouraged to adopt and enforce policies that ban text messaging while driving and establishing workplace safety policies to decrease accidents caused by distracted drivers.

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HH.As a recipient of federal financial assistance, the Civil Rights Restoration Act of 1987 applies, and Contractor assures that it:
i. Ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C.

Sections 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at Title 31 C.F.R. Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda and/or guidance documents.
ii. Acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Contractor understands that denying a person access to its programs, services, and activities, because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations. Contractor shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure LEP persons have meaningful access to its programs, services, and activities. Contractor understands and agrees that meaningful access may entail provide language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication.
iii. Agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services, and activities. iv. Agrees to maintain a complaint log of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome.

II.The City must include the following language in every contract or agreement subject to Title VI and its regulations:
“The sub-grantee, contractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or nation origin (42 U.S.C.

Section 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, Title 31 C.F.R. Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. Section 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, Title 31 C.F.R. Sections Part 22, and herein incorporated by reference and made a part of this contract or agreement.” JJ.Contractor shall cooperate in any enforcement or compliance review activities by the City, and/or the Department of the Treasury. Contractor shall comply with information requests, on-site compliance reviews, and reporting requirements.

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KK.Contractor shall maintain records and financial documents sufficient to evidence compliance with section 603(c), regulations adopted by Treasury implementing those sections, and guidance issued by Treasury regarding the foregoing.

LL.City has the right of access to records (electronic or otherwise) of Contractor in order to conduct audits or other investigations.

MM.Contractor shall maintain records for a period of five (5) years after the completion of the contract or a period of five (5) years after the last reporting date the City is obligated with the Department of the U.S. Treasury, whichever is later.

NN.Contractor must disclose in writing any potential conflict of interest in accordance with Title 2 C.F.R.

Section 200.112.

OO.In accordance with Title 41 U.S.C. Section 4712, subrecipient or Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.

The list of persons and entities referenced in the paragraph above includes the following: (i) A member of Congress or a representative of a committee of Congress; (ii) An Inspector General; (iii) The Government Accountability Office; (iv) A Treasury employee responsible for contract or grant oversight or management; (v) An authorized official of the Department of Justice or other law enforcement agency; (vi) A court or grand jury; or (vii) A management official or other employee of Recipient, subrecipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. Subrecipient or Contractor shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce.

PP. City and Contractor acknowledge that if additional federal guidance is issued, an amendment to this Contract may be necessary. In the event any of the terms in this Exhibit conflict with any other terms in the Contract, the terms in this Exhibit shall control.

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THE CITY RESERVATION OF RIGHTS:

Right to Reject, Waive, or Terminate the RFQUAL. The City reserves the right to reject any or all responses, to waive any informality in the RFQUAL process, or to terminate the RFQUAL process at any time, if deemed by the City to be in its best interests.

Right to Not Award. The City reserves the right not to award a contract pursuant to this RFQUAL.

Right to Terminate. The City reserves the right to terminate a contract awarded pursuant to this RFQUAL, at any time for its convenience upon 5 days written notice to the successful responder(s).

Right to Determine Time and Location. The City reserves the right to determine the days, hours, and locations that the successful responders shall provide the services called for in this RFQUAL.

Right to Determine Financial Responsibility and Viability. The City reserves the right to require of responder information regarding financial responsibility and viability or such other information as the City determines is necessary to ascertain whether a response is in fact the lowest responsive and responsible submitted.

Right to Retain. The City reserves the right to retain all responses submitted and not permit withdrawal for a period of 60 days subsequent to the deadline for receiving bids without the written consent of the City Contracting Officer (CO).

Right to Reject. The City reserves the right to reject and not consider any response that does not meet the requirements of this RFQUAL, including but not necessarily limited to incomplete responses and/or responses offering alternate or non-requested services.

No Obligation to Compensate. The City shall have no obligation to compensate any responder for any costs incurred in responding to this RFQUAL.

Right to Amend. The City reserves the right to amend the contract any time prior to contract execution.

Right to Prohibit. The City shall reserve the right to at any time during the RFQUAL or contract process to prohibit any further participation by a responder or reject any response submitted that does not conform to any of the requirements detailed herein.

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PROPOSAL CHECKLIST
(as detailed in Chapter II. Request for Proposals, Section E. of the RFQUAL) Technical Proposal
•Executive Summary (E.1)
•Table of Contents (E.2)
•Identification of Proposer (E.3)
•Staffing Resources (e.g., Assigned Personnel experience) (E.4) •Experience and Technical Competence (E.6)
•Proposed Method to Accomplish the Work (E.7)
•Litigation History (if any) (E.10)
•Other Information (pertinent to proposal) (E.11)
➢Completion of other similar projects;
➢Community involvement (if any);
➢Prior projects, agreements, involvement with the City (if any); ➢No Conflict-of-Interest statement.
•Certification of Proposal (E.12)
➢“The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFQUAL), and to be bound by the terms and conditions of the RFQUAL.” •Appendices (E.13)
•Statement of “No Deviations from RFQUAL” (F.)
➢If proposer does not take any exceptions or deviations from the terms and conditions indicated in the agreement, then the proposer must indicate this information by making a statement within the proposal documents. Fiscal Stability (E.5)
•Current report from any Commercial Credit Rating Service (e.g. Dunn & Bradstreet);
•Line of credit; or
•Financial Statement.
Fee Proposal (E.8)
Certificate of Insurance (E.9)
Submittal Instructions: Electronic PDF file format via Planetbids on the date and time stated in the RFQUAL. Please allow time for system to process your proposal. The City shall not be responsible for proposals that are not received on time. The City will not be responsible for and will not accept late bids due to slow internet connection, or incomplete transmissions.

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VENDOR QUOTE FORM
VENDOR NAME:

ADDRESS:

PHONE:

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

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

Item No. Description Quantity Unit
Cost
Lump Sum
Amount
$____ ____
$____ ____
$____ ____
$____ ____
$____ ____
$____ ____
$____ ____
TOTAL VENDOR QUOTE $____ ____
Total Number of Additional Pages:

Should the proposer be requested to perform additional finance related services, please list the proposed positions and hourly rate:

Personnel Specify Exact Title of Position assigned Hourly Rate
Staff Manager (or similar) $________
Staff Associate (or similar) $________
I hereby declare under penalty of perjury that the foregoing is true and correct.

Submitted By:________________________________________Title:
_________________________________
(Authorized Representative Signature)

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Print Name: __________________________________________

COMPLIANCE WITH IEHP FUNDING AGREEMENT
The Contractor shall comply with Title 2, California Code of Regulations, Sections 11105 et seq, as may be amended from time to time. Contractor further agrees to comply with the below language and include this language in its contract and the contract for any subcontractor on the project.

1. During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decision making, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal.

Code Regs., tit. 2, § 11000 et seq.). The applicable regulations of the Civil Rights Council implementing Government Code section 12990, set forth in Subchapter 5 of Division 4.1 of Title 2 of the California Code of Regulations are incorporated into this contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

2. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.

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RESPONSE TO REQUEST FOR QUALIFICATIONS
RFQual F-24-6001
Development Management Services

SUBMITTED TO

CITY OF SAN BERNARDINO
290 North D Street
San Bernardino, CA 92401
October 17, 2024

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C O V R L E T T E R
October 17, 2024
Michelle Parra, Buyer

CITY OF SAN BERNARDINO
Purchasing Division
Submitted Via: Planetbids
290 North D Street
San Bernardino, CA 92401
RE: Response to RFQual F-24-6001, Development Management Services San Bernardino Hope Campus, San Bernardino, CA
Dear Ms. Parra and Selection Committee:

CREDE is pleased to present our RFQual Response and Fee Proposal to you for Development Management Services for the San Bernardino Hope Campus (SB Hope Campus) project.

As the Development Manager, CREDE proposes to assist your team and help manage the entire project by working on all aspects of the development process from preconstruction through project completion.

Our Managing Director, Gina Wieczorek will be contact for this proposal and project.

Gina Wieczorek, Partner and Managing Director
CREDE
18301 Von Karman Ave, Suite 510
Irvine, CA 92612
805-712-3119
[email protected]
We are ready to begin the SB Hope Campus. We look forward to talking with you about the next steps and adding value to your team to help make this project successful.

Thank you from all of us at CREDE for the opportunity to earn your business, trust, and support.

Sincerely,
CREDE
Colby Durnin, CEO & Principal
18301 Von Karman Ave
Suite 510
Irvine, CA 92612
credegroup.com
City of San Bernardino, RFQual F-24-6001, Development Management Services October 17, 2024: Page | i

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E.1 E X E C U T I V E

S U M M A R Y
We would be honored to have
the opportunity to work on a
transformative project such as this
and assist City staﬀ members to see
the project come fruition.

INTRODUCTION
The entire CREDE team thanks
the City of San Bernardino for this
opportunity to present our RFQual
Response and Fee Proposal for
Development Management Services
for the San Bernardino Hope Campus
(SB Hope Campus).

OUR TEAM AND BEST RESOURCE
Our team members are CREDE’s
greatest resource, with experience
in everything from Acquisitions,
Entitlement, Development,
Management, Scheduling, and
Accounting.

As the Development Manager, CREDE
proposes to assist your team in
managing the entire project, from
planning to construction completion.

WHO WE ARE
We are proposing a full team of
development, construction and
compliance professionals to help your
in-house team successfully manage
the SB Hope Campus project and
deliver it to your community within
your scheduled completion date of
November 2025.

CREDE is a full-service real estate
development management ﬁrm with
over two decades of proven success.

We’re dedicated to delivering
exceptional results through a culture
of ownership and seamless execution.

Our team is backed by extensive
experience. We have successfully
developed and repositioned
thousands of assets across the
country, demonstrating our ability
to consistently deliver value for our
clients.

The following individuals will be
principally responsible for working
with the City:
■ Gina Wieczorek, Managing
Director
■
■
Matt Bennett, Sr. Project Manager

OUR PHILOSOPHY FOR

WORKING WITH THE

CITY OF SAN BERNARDINO
Miguel Garcia, Sr. Development
Manager and LIHTC Funding
Expert
We applaud the City for creating an
innovative solution to provide some
of your most vulnerable residents
with housing through the issuance of
this RFQual for the SB Hope Campus.

It is evident that the City staﬀ care
deeply about ﬁnding opportunities
to transition unhoused people oﬀ
the streets and provide them with
supportive services.

Please see our Project Organizational
Chart all key project personnel.

Please see their Resumes in Section
E.13 Appendices for detailed
experience.

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Our consulting Funding Compliance
Specialist is:
■ Construction
•
•
•
Site Management and Coordination
Krisna Bennett, Owner of Opportunity
Marketing Group, Inc. (OMG). Please see
OMG, Compliance Specialist in Section
E.13 for more information.

Quality Assurance and Control■
Contractor Compliance and
Monitoring
•
•
•
Schedule Management
Change ManagementOUR EXPERIENCE AND RESOURCES
Closeout and Commissioning
CREDE’s team understands the complexities
of working on projects with multiple
stakeholders accountable for delivering
projects in an eﬃcient and timely manner.

Please see Section E.7, Proposed Method
to Accomplish the Work for our detail of
proposed services. Please see our Schedule
in Section E.13 Appendices.Our experience includes modular builds and projects involving prevailing wages, Davis-
Bacon, Section 3 and LIHTC and complex
layered ﬁnancing programs. We will assist
the City in attaining its objectives. We
have highlighted the following projects to
represent our experience:

FEES FOR SERVICES
Our fee Lump Sum fee for services is
$1,091,148 ($90,929 per month for 12
months.) This fee is valid for 120 days from
the proposal due date and includes:
■
■
■
■
Seminole Springs Modular Home Park
El Verano Apartments
■
■
Pre-Construction: Three (3) months
Construction: Nine (9) months
Enlightenment Plaza Please see our, Vendor Quote Form in Section E.8, Fee Proposal.San Bernardino Justice Center CREDE uses multiple technology platforms
and software for management, scheduling,
estimating, accounting, and other needs.

CERTIFICATION OF PROPOSAL AND

ACCEPTANCE OF TERMS
CREDE agrees to be bound by the terms
and conditions of this RFQual and take no
exceptions to the RFQual, including the
Agreement.

If needed, we have the capacity to provide
additional personnel at any time.

Please see Section E.6, Experience and
Technical Competence for additional detail. Please see Section E.12, Certiﬁcation of Proposal for our detail of proposed services.

OUR METHOD TO ACCOMPLISH

THE SERVICES WHY CREDE IS THE BEST CHOICE
CREDE’s technical and management
approach to providing services is based on
our experience and review of the RFQual.

We have local presence and knowledge of
San Bernardino.

As an Owner/Developer ourselves, we see
the project through your eyes.We have identiﬁed two main service phases:
■ Pre-Construction Our goal is to become your indispensable, trusted advisor, guiding your team during
the entire development process of the
San Bernardino Hope Campus.
•
•
•
•
Project Planning and Feasibility
Scheduling
Design Coordination and Permitting
Risk Management, Insurance, Labor
Standards and Compliance
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E.2 T A B L E O F

C O N T E N T S

SECTION TITLE PAGE
E.1 Executive Summary
Table of Contents
1 E.2 3
E.3 Identiﬁcation of Proposer
Stafﬁng Resources
4 E.4 5
E.5 Fiscal Stability 7
E.6 Experience and Technical Competence
Proposed Method to Accomplish the Work
Fee Proposal
8 E.7 12
15 16
17 18
19 20
21 22
34 42
43 45
46 54
72 E.8
E.9 Insurance
E.10
E.11
E.12
E.13
Litigation
Other Information
Certiﬁcation of Proposal
Appendices
CREDE Additional References
Resumes
OMG, Compliance Specialist
Schedule
Standard Hourly Rate Schedule
Certiﬁcate of Insurance
Prequaliﬁcations Certiﬁcations (Federal)
HUD Packet Attachments
RFQual Exhibit D Forms
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E.3 I D E N T I F I C A T I O N O F

P R O P O S E R
A. LEGAL NAME AND ADDRESS OF
THE COMPANY.

CREDE Construction Advisory, LLC
(CREDE)
18301 Von Karman Ave, Suite 510
Irvine, CA 92612
B. LEGAL FORM OF COMPANY
(PARTNERSHIP, CORPORATION).

CREDE is a Limited Liability
Company.

C. IF COMPANY IS A WHOLLY

OWNED SUBSIDIARY OF A
“PARENT COMPANY,” IDENTIFY
THE “PARENT COMPANY.”
CREDE is not owned by a parent
company.

D. NAME, TITLE, ADDRESS AND

TELEPHONE NUMBER OF THE

PROPOSED REPRESENTATIVE

TO CONTACT CONCERNING THE
PROPOSAL SUBMITTAL.

Gina Wieczorek
Partner and Managing Director
CREDE
18301 Von Karman Ave, Suite 510
Irvine, CA 92612
805-712-3119
[email protected]
E. CALIFORNIA BUSINESS LICENSE
NUMBER
Our City of Irvine Business License
number is #160003719.

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E.4 S T A F F I N G

R E S O U R C E S
A. FIRM STAFFING AND KEY

PERSONNEL
Proposed Team Organization
Please see our Project Organizational
Chart on the following page for a
listing of all key project personnel.

We anticipate 10 members of our
staﬀ, plus a funding compliance
consultant to perform the Services.

If needed, CREDE has the capacity
to provide additional personnel. Our
unique business model as an Owner/
Developer and Services company,
combined with our experienced team
and industry connections, allows for
scalable project support services.

Please see their Resumes in Section
E.13 Appendices for detailed
experience.

B. SUBCONTRACTORS
Our consulting Funding Compliance
Specialist is Krisna Bennett.

Personnel Principally Responsible
for Working with The City.

Krisna is the Owner of Opportunity
Marketing Group, Inc. (OMG),
providing contract compliance
enforcement and consulting. OMG
is a DBE, SBE, LSBE, WBE and MBE
certiﬁed by Los Angeles Metropolitan
Transportation Authority (LA
METRO), DGS and the California
Uniﬁed Certiﬁcation Program (CUCP)
as well as HUD Section 3 business.

The following individuals will be
principally responsible for working
with the City:
■ Gina Wieczorek, Managing
Director. Gina will be your direct
contact throughout the project.

She is a construction manager and
real estate developer experienced
in all phases of the design,
OMG specializes in:
■ Federal Davis Bacon (and Related
Acts)
permitting, and development
process for multifamily and special
purpose projects. ■
■
■
■
■
■
■
HUD Section 3
■
■
Matt Bennett, Sr. Project Manager.

Matt’s experience includes
prefabricated structures and
technology, Public Works projects,
and the San Bernardino Justice
Center.

State Public Works
Equal Employment Opportunity
Community Outreach
Diverse Business contracting
Local Hire
Miguel Garcia, Sr. Development
Manager and LIHTC Funding
Expert. Miguel worked with
Funding Compliance Specialist
Krisna Bennett on the El Verano
Senior Aﬀordable Housing
Project Labor Agreement
enforcement
■
■
Outreach Program planning
assistance
Community Engagement Services
Community in Anaheim, which
provided housing to formerly
homeless and low-income seniors.

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P R O J E C T

O R G A N I Z A T I O N A L C H A R T

CITY OF SAN BERNARDINO

PURCHASING DIVISION
Development Manager Firm
General Contractor CREDE Modular Manufacturer

TBD TBD
Principal-in-Charge
Colby Durnin
Project Executive
Dave Heric
Managing Director
Gina Wieczorek*
Funding Compliance
Krisna Bennett
Sr. Development Manager Sr. Project Manager
Miguel Garcia* Matt Bennett*
Development Manager Project Manager
Adam Wemhaner Yonas MisGina
Asst. Project Manager
Emma Rivielle
Project Scheduler
Leo Ramirez
Accounting Manager
Bjorn Thielan
*Team member will have regular direct contact with the City of San Bernardino.

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E.5 F I S C A L

S T A B I L I T Y
A. EVIDENCE OF CORPORATE

STABILITY
CREDE is a Limited Liability
Company, in continuous business
since 2001. We are stable, solid and
ﬁnancially able perform the required
services and meet your project needs.

Please see our “E.5 - Fiscal Stability
Documents,” where we have provided
our conﬁdential ﬁnancial documents
in a separate .pdf ﬁle within our
submittal folder.

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E.6 E X P E R I E N C E A N D

T E C H N I C A L C O M P E T E N C E
compliance requirements. We haveA. EXPERIENCE
delivered multiple projects providing
housing to formerly unhoused
individualsHow CREDE’s Experience and Skills
Will Meet Your Goals
Please refer to our Project Experience
on the following pages for references
and other project information.

CREDE is well versed in working with
cities to execute various housing
initiatives, including projects to
shelter unhoused individuals and
families. Our team will meet the goals
and fulﬁll the general functions listed
in this RFQual with the full scope of
services outlined in our Proposed
Method to Accomplish the Work and
listed on the proposed Schedule.

Years in Business and Public Sector
CREDE has been in business for
23 years. During the last 15 years,
we have provided our services to
numerous public sector clients.

For over 25 years, OMG has provided
contract compliance enforcement
consulting in Southern California to
both public and private entities.

We understand that the SB Hope
Campus completion date is to be
no later than November 2025. Our
project team members have the
knowledge and expertise to meet
that goal. They are experienced
with the Federal and State funding
sources that are included in the
layered capital stack for the project.

OMG specializes in Public Works,
Federal Davis Bacon (and
Related Acts), Equal Employment
Opportunity, Community Outreach,
Diverse Business contracting, Local
Hire, Project Labor Agreement
enforcement, Outreach Program
planning assistance, HUD Section 3,
Community Engagement, and all
agency compliance requirements.

CREDE’s subcontractor, Opportunity
Marketing Group, Inc. (OMG) will
also provide compliance services
including prevailing wage monitoring
and public works labor enforcement
according to the requirements as
outlined in the California State
Labor Codes 1720-1781, all applicable
federal labor standards, Department
of Labor, and HUD regulations
CREDE’s Local Experience and
Knowledge of San Bernardino
CREDE’s team’s local experience
includes work on the San Bernardino
Justice Center, delivered in May 2013.

More recently, CREDE team member,
Matt Bennett, is working within the
County of San Bernardino on pre-
construction for 6247 Lime Ave—an
outdoor industrial project.
associated with the project.

Our Experience in Similar Services
Our experience performing similar
services is extensive and includes
modular projects, Public Works,
PSH, and multifamily projects, and
includes experience with prevailing
wage, Davis-Bacon and Section 3
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B. PROJECT SPECIFIC EXPERIENCE
Seminole Springs Modular Home Park
Agoura, CA
■
■
Role: Construction Project Manager
Dollar Value: $12.56M horizontal and site work
+ $44M in new home modules = $56.56M total
■
■
Dollar value of the fee: $628K fee for services
for horizontal and site work
Description: Modular home park included
building construction and street improvements.

Repairs were made to the storm drains, and
water, gas, and sewer pipelines were upgraded.
■
■
■
■
Staﬃng: Yonas Misgina
Duration: June 2019-August 2021
Relationship to client: Owner’s Construction Manager
Owner Contact Information: To be provided upon request
El Verano Apartments, Anaheim, CA
■ Role: Developer of City of Anaheim
Owned Land (won through RFP selection)
■ Dollar Value: Total Development Cost $23.4
Million.
■
■
Dollar value of the fee: N/A
Description: Development of a 54-unit senior
and homeless senior community, comprised
of 50% low-income seniors and 50% formerly
homeless seniors. The project was funded
through 9% Low-income Housing Tax Credits and in partnership with the City of Anaheim. Integrated services include on-site case management services, health and wellness activities and educational classes.
■
■
■
■
Staﬃng: Miguel Garcia, Krisna Bennett
Duration: Project Completion 2021
Relationship to client: Owner’s Developer and Representative Owner Contact Information:

Andy Nogal, Deputy Dir. Community & Economic Development CITY of ANAHEIM
Email:

Phone:
[email protected]
714-765-4368
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Enlightenment Plaza, Los Angeles, CA
■
■
■
Role: Labor Compliance Enforcement for GC
Dollar Value: Total Development Cost $45M.

Dollar value of the fee: $30K+ for compliance
services
■ Description: 454-unit, including managers
units, project of 100% aﬀordable Permanent
Supportive Housing with onsite, wraparound
services. Amenities include a resident garden,
lounge areas, a gym, a computer lab, and
transportation, plus onsite housing for case managers and staﬀ. ■
■
■
■
Staﬃng: Krisna Bennett
Duration: Project in Progress, Completion early 2025
Relationship to client: Labor Compliance Enforcement
Owner Contact Information (General Contractor):

Darryl Embry Sr. Project Manager

SINANIAN CONSTRUCTION
Email: [email protected]
Phone: 909-979-9844
San Bernardino Justice Center
San Bernardino, CA
■
■
■
■
Role: Construction Project Manager
Dollar Value: Total Development $249.5M
Dollar value of the fee: $17.7M
Description: Administration of construction
documents, construction of multiple mock-
ups on and oﬀ site, temporary parking lot,
included IT network and complete turn-key,
36-courtroom justice center on a 7-acre site.
■
■
■
■
Staﬃng: Matt Bennett
Duration: 24 Months (April 2011-May 2013)
Relationship to client: Owner’s Construction Manager
Owner Contact Information:

Pearl Freeman, State of California
Wendy Sellnow, City of San Bernardino
(please note: both have since retired since this project was completed.) Contact info: Not available due to retirement status. However, please contact Wendy Sellnow’s successor to inquire about project performance.

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CREDE’s Record of Successful
Project Completion
Ability to Draw Upon Staff to
Provide Services
NONE of the following has occurred on
these projects’ relevant service contracts:

CREDE is a national real estate development
and project management services ﬁrm. We
are currently providing services on over 150
projects in 27 states and 100+ cities.■ Failure to enter into a contract or professional services agreement once
selected. Our team members have experience in
everything from Acquisitions, Entitlement,
Development, Sr. Project Managers, Project
Managers, Assistant Project Managers,
Scheduling, and Accounting Staﬀ.
■
■
■
■
■
Withdrawal of a proposal as a result of
an error.

Termination or failure to complete a
contract.

As previously stated, if needed, CREDE has
the capacity to provide additional personnel
at any time. Our unique business model as
an Owner/Developer and Services company,
combined with our experienced team and
industry connections, will help us provide
scalable services to support this project.

Debarment by any municipal, county,
state, federal or local agency.

Involvement in litigation, arbitration or
mediation.

Falsiﬁcation of information or submission
of deceptive or fraudulent statements in
connection with a contract.
■ Willful disregard for applicable rules,
laws or regulations.

C. TECHNICAL COMPETENCE
In-House Resources
CREDE utilizes the following in-house
resources:
■
■
■
■
Nexus
Yardi
Sage Intact accounting systems
Microsoft Projects and P6 Scheduling
Software
■
■
■
BlueBeam Software for AEC
RS Means for Estimating
QuickBase and ProCore for Construction
Management
■
■
Microsoft 365 platform
HubSpot CRM system with over 130k
industry contacts
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E.7 P R O P O S E D M E T H O D T O

A C C O M P L I S H T H E W O R K
The following pages describe
CREDE’s technical and management
approach to providing services.
■ Value Engineering: We oﬀer
value engineering suggestions
to optimize design decisions and
material selections, as well as to
reduce costs. We strive to ensure
cost-eﬀective solutions without
compromising quality.

MILESTONE SCHEDULE
Based on our prior project experience
and our review of RFQual F-24-6001,
we have prepared a draft schedule
for the project. Please see our

1.2 Scheduling
■ Master Schedule Creation:

Develop a detailed master
schedule covering Project phase,
from initial planning, design,
permitting, construction through
to certiﬁcates of occupancy
and Project completion. Identify
all critical milestones and
deliverables.

Schedule in Section E.13 Appendices.

PRE-CONSTRUCTION
The pre-construction phase is critical
for setting the foundation for the
Project’s success. CREDE provides
comprehensive services during Pre-
Construction, focusing on Project
planning, schedule, budget, risk
management, and detailed design
coordination. The services include:
■ Phasing Plan: Given the project’s
Modular nature, we will create
a Phasing Plan integrating the
oﬀ-site fabrication process with
on-site construction activities.

This will minimize disruption to
on-site construction progress and
maximize overall construction
eﬃciency. We will work with
the Modular Fabricator and the
General Contractor to include a
storage and delivery schedule
to ensure proper and timely
assembly.

1.1 Project Planning and Feasibility
■ Project Scoping: Work closely
with the City and stakeholders
to deﬁne Project requirements,
goals, and objectives, ensuring
the Project scope aligns with
the City’s vision and regulatory
requirements. Meet weekly with
the City Project representatives,
and more often as needed, to
obtain real time feedback on
design and planning to keep the
Project on schedule.

1.3 Design Coordination and
Permitting
■ Design Review and Project
■ Feasibility Assessment: Our team
conducts feasibility studies to
evaluate site conditions, utility
availability, zoning regulations,
and other potential constraints
that could impact the Project
timeline and budget.

Meetings: Facilitate regular weekly
Owner Architect Contractor
(OAC) design meetings with
Architects, Engineers, Contractors
(when identiﬁed) and City
Representatives to ensure designs
align with the Project’s goals and
regulatory requirements.

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■ Permitting Assistance: Comprehensive
support in obtaining all necessary
permits, including building permits,
environmental clearances, abatement
and demolition permits, and utility
approvals, ensuring compliance with
local, state, and federal regulations.

2.1 Site Management and Coordination
■ Logistics Planning: We manage the
logistics of storing, transporting and
assembling Modular units on-site.

This includes coordination with the
supplier, transportation providers, crane
operators, and other subcontractors to
ensure timely and eﬃcient delivery.1.4 Risk Management, Insurance, Labor Standards and Compliance ■
■
On-Site Supervision: Our Project
management team will be on-site
daily to oversee all activities, including
excavation, utility installation, foundation
work, unit assembly and interior ﬁnish
work.
■
■
■
Risk Assessment: Identify potential risks,
such as permit delays, materials and
systems with long lead times, supply
chain disruptions or weather-related
delays, and develop mitigation strategies
to address these challenges proactively. Coordination with Oﬀ-Site Fabrication:

We maintain constant communication
with the Modular unit manufacturer
to synchronize on-site preparation
with oﬀ-site production, storage and
delivery, ensuring a smooth workﬂow.

The Modular unit manufacturer will be
included on all weekly OAC meetings.

Insurance and Bonding: Assistance with
securing appropriate Contractor and
Subcontractor insurance coverage and
payment, performance and completion
bonds (if requested by the City) to
protect the City throughout the Project.

Labor Standards: Create an integrated
system of processes, checks and ■ Client Reporting: We will provide an updated Project Master Budget once per
month. Our team will provide Weekly
Progress Reports and provide Monthly
Development and Work Summary
Reports outlining permitting, design,
construction and scheduling activities so
the City is informed of all development
and construction activities.
balances to ensure all labor Standards
are properly enforced and adhered to by
all contractors during the project. We will
enforce State Public Works, Davis Bacon
and HUD Section 3 required contract
compliance programs.
■ Compliance Onboarding and
Implementation: Conﬁrm the General
Contractor and all subcontractors have
appropriate Registrations, Licenses,
Workers Comp Insurance and are not
debarred from working on a State, City,
HUD, or Federal Project. We will review
required start-up compliance documents
before contractors begin work and we
will hold Pre-Construction compliance
meetings.

2.2 Quality Assurance and Control
■ Inspections and Testing: We will
identify and engage on behalf of the
City a testing and inspection lab to
perform regular inspections and testing
of materials and work to conﬁrm
compliance with the Project’s plans,
speciﬁcations and local building codes.

All testing and inspection reports are
provided to the City as they become
available.

CONSTRUCTION
Our construction management services
ensure seamless Project execution, focusing
on quality control, safety, compliance
and coordination. The construction phase
for a Modular housing Project requires
specialized management to integrate
the Modular components with on-site
construction activities.
■ Quality Control Plan: Our team
implements a rigorous quality control
plan to verify that each Modular Unit
meets design speciﬁcations prior to
installation.

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2.3 Contractor Compliance and Monitoring 2.6 Closeout and Commissioning ■ Compliance Monitoring: Our team will
track, monitor and enforce all Labor
Compliance requirements are being met
on the project (Federal Davis Bacon and
Related Acts 29 CFR part 5 and HUD as
outlined in recipients General Conditions
including Section 3 hiring and contract
award). This includes ongoing DIR,
CSLB and Business License expiration
monitoring and enforcement.
■ Final Inspections: Once the Modular
Units are assembled and the Project
is nearing completion, our team will
conduct ﬁnal inspections to ensure all
elements meet Project speciﬁcations and
compliance standards.
■
■
Punch List Management: We work
closely with the contractors and
subcontractors to address any punch list
items promptly, ensuring the Project’s
smooth closeout.

2.4 Schedule Management Turnover and Commissioning: Upon successful completion of all phases, we
will assist the City with the ﬁnal turnover
of the Project, including training City
Staﬀ and/or the selected Operator on
the operation and maintenance of the
Housing Units, and providing as-built
documentation.
■ Schedule Monitoring: Our Project
Managers will monitor progress
against the Master Schedule and when
potential delays are identiﬁed, we will
work with the General Contractor and
Subcontractors to come up with changes
in sequencing of the work to minimize
impacts to schedule and cost. Real-time
reporting systems will provide the City
with up-to-date information on Project
milestones. Monthly reporting to the
City will also summarize construction
progress, schedule updates and any
deviations to the schedule.
■ Final Audit Reporting: Final retention
audit begins upon job completion
(before ﬁnal retention release). The
ﬁnal review includes: Conﬁrmation of all
Labor and Prevailing Wage Compliance,
apprentice hiring, fringe/training
payments and Section 3 requirements
have been met by all contractors who
performed labor on the Project.
■ Phased Delivery: Modular housing units
will be installed in phases, allowing for
individual certiﬁcates of occupancy while
construction continues with remaining
modular buildings that are part of the
Project, expediting the City’s ability to
address immediate housing needs. This
will be included in our planning for the
construction delivery schedule, site
management plan and safety plans.
■ Final Agency Reporting: During the
Project, we will provide copies of all
Contractors’ ﬁnal aﬃdavits. We will also
provide digital copies of all documents
at ﬁnal closeout of the Project. We will
assist with all Agency ﬁnal reporting
needed for Diverse Business Enterprise
Contracting, Section 3 employment and
Prevailing Wage ﬁnal reporting. We will
provide a letter conﬁrming prevailing
wage has been monitored and met for
this Project for closeout approval use.

2.5 Change Management
■ Change Order Tracking: Implement a
robust change management process
to track and document changes in the
Project scope, budget, or timeline, for
transparency and accountability.
■ Impact Analysis: Any proposed changes
are thoroughly analyzed for potential
impact on the Project Schedule and
Project Budget, and recommendations
are provided to the City for decision-
making.

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E.8 F E E

P R O P O S A L

VENDOR QUOTE FORM
VENDOR NAME:

ADDRESS:

PHONE:

CREDE Construction Advisory, LLC
18301 Von Karman Ave., Suite 510, Irvine, CA 92612
(949) 542 4400
The undersigned, hereby declare that they have carefully examined the location of the proposed work familiarized themselves with the local conditions affecting the cost of the work, and have read and examined the terms and conditions for the following Project:

Unit
Cost
Lump Sum
AmountItem No. Description Quantity
$90,929
$90,929
$272,738_7___3-mo.
9-mo.

Planning / Pre-Construction Phase
Construction Phase $818,361_ _ _ _ _ _ _ _
$____ ____
$____ ____
$____ ____
$____ ____
$____ ____
$1,091,148TOTAL VENDOR QUOTE
NoneTotal Number of Additional Pages:

Should the proposer be requested to perform additional finance related services, please list the proposed positions and hourly rate:

Hourly
RatePersonnel Specify Exact Title of Position assigned
Additional personnel to be determined based upon specific request.

Please see our Standard Hourly Rate Schedule in Section E.13 Appendices.

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

Submitted By:___
(Authorized Repr
______________Title: ___COO_________________________
Print Name: __Dave Heric______________________________

Page 71 of 72 ends

This fee proposal is valid for 120 days from the proposal due date.

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E.9 I N S U R A N C E
CREDE has reviewed all insurance requirements outlined in RFQual F-24-6001, Exhibit B, Agreement Section 16 Insurance, items a-m.

We agree to maintain all required insurance coverages for the duration of the project.

Our agent is:

Jeremy Martin, Account Executive, Property & Casualty
BRYSON CASUALTY INSURANCE SERVICES, INC.
3777 Long Beach Blvd, 5th Floor
Long Beach, CA 90807
Phone: (562) 617-0314 direct
Email: jeremy@brysonﬁnancial.com
Jeremy Martin: California License #0I40359
Bryson Casualty Insurance Services, Inc.: California License #0F89838 Please our Certiﬁcate of Insurance in Section E.13 Appendices.

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E.10 L I T I G A T I O N
CREDE has been in continuous business since 2001. During the last 23 years, we have never had an insurance claim, Errors and Omissions Claim, nor lawsuit ﬁled against it.

We have never ﬁled any claims or suits against other parties in relation to the provision of services to our clients.

CREDE has been involved in the following disputes that are not related to project management services:
■ A partnership dispute between CREDE and Paragon Construction Advisory after CREDE purchased Paragon in 2018. CREDE settled the case and bought out the other party.

This dispute was unrelated to the provisions of project management services for any of our clients.
■ CREDE Legacy Holdings, via Bay View Senior Living, ﬁled a claim against a private individual, LP Investor Ron Thauer, for speciﬁc performance for not providing agreed and promised funding. Ron Thauer ﬁled a civil counter- suit against CREDE, its President Thomas Rieter, and CEO Colby Durnin.

This case goes to court in March 2025.

This dispute is related to Ron Thauer’s investment and is unrelated to provisions of project management services for any of our clients.

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E.11 O T H E R

I N F O R M A T I O N
Our community outreach extends
to involvement in food drives,
community blood donation
A. EFFICIENT STAFFING AND

PROJECT COMPLETION
CREDE provides ﬂexible and strategic
partnership models to achieve shared
success with our Clients. Our hands-
on approach to development and
construction management leverages
deep industry knowledge from both
Owner and Contractor perspectives.

By proactively managing staﬃng,
time, costs, and changes, we deliver
on time and within budget. Our
operational expertise will ensure the
ﬁnal product aligns with the City’s
long-term vision.
initiatives, and disaster relief
contributions. We are committed
to supporting local nonproﬁts and
organizing give-back events, such
as charity golf tournaments and
mentorship programs for aspiring
young professionals. Through these
initiatives, CREDE strives to build
stronger, more resilient communities
and drive meaningful social impact.”
Opportunity Marketing Group,
Inc. (OMG) is very involved in the
community and passionate about
providing more opportunities for
women and people of color. Every
project that OMG administers
compliance for has HUD Section 3
hiring requirements and/or PLA Local
Hire requirements, which contributes
directly to the community.

B. COMMUNITY INVOLVEMENT
Community involvement is a
cornerstone of CREDE’s values. We
participate in and support initiatives
to create lasting, positive impacts.

Among our eﬀorts are partnerships
with War Heroes on Water, providing
therapeutic experiences for combat-
wounded veterans, and Freedom
Alliance, oﬀering scholarships
and support for military families.

We are proud to contribute to the
ﬁght against childhood cancer
Principal, Krisna Bennett, recently
completed diverse disparity business
studies for LA Metro 2023, Cal Trans
2024 (not published yet), and is
starting the LAWA Disparity Study
and Cal Trans FTA study. These
studies are about how small, diverse,
women and people of color-owned
businesses fair in the marketplace.with fundraising for the Children’s Pediatric Cancer Research Center.

CREDE is also involved in aﬀordable
housing projects, developing homes
for underserved populations, as
well as local school partnerships
supporting educational programs
fostering student success and
opportunities for underserved
youth. We engage in environmental
sustainability by promoting eco-
friendly building practices and
conservation initiatives.

C. PREVIOUS CITY INVOLVEMENT
CREDE’s past involvement with the
community includes the delivery of
the San Bernardino Justice Center.

D. CONFLICTS OF INTEREST
CREDE does not have any conﬂicts of
interest in connection with providing
the Services.

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E.12 C E R T I F I C A T I O N O F

P R O P O S A L
October 17, 2024
Michelle Parra, Buyer

CITY OF SAN BERNARDINO
Purchasing Division
290 North D Street
San Bernardino, CA 92401
RE: Certiﬁcation of Response to RFQual F-24-6001
Development Management Services
San Bernardino Hope Campus, San Bernardino, CA
Dear Ms. Parra and Selection Committee:

In compliance with RFQUAL Section E.12, Certiﬁcation of Proposal, the undersigned, CREDE, hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFQUAL), and to be bound by the terms and conditions of the RFQUAL.

In compliance with RFQUAL Section F, No Deviations from the RFQUAL, CREDE also certiﬁes that it takes no exceptions to this RFQUAL including, but not limited to, the Agreement.

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E.13 A P P E N D I C E S
Please see the following additional documents:
■ CREDE Additional References
■ Resumes
■ OMG, Compliance Specialist
■ Schedule
■ Standard Hourly Rate Schedule
■ Certiﬁcate of Insurance
■ Prequaliﬁcations Certiﬁcations (Federal)
■ HUD Packet Attachments
■ RFQual Exhibit D Forms
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C R E D E

A D D I T I O N A L R E F E R E N C E S
Additional References
We encourage the City of San Bernardino
to contact following additional CREDE
references:
■
■
■
■
■
■
■
Cameron Basset
Watt Investment Partners
[email protected]
949-205-9315
Sean Armstrong
Westport Capital Partners
[email protected]
310-251-6186
Mike Tande
McGuire Builders, Inc.
[email protected]
462-424-3636
Dusty Dallas
Curve Development
[email protected]
(480) 440-3599
Greg Horton
American Group
[email protected]
310-432-4939
Michael Kollin
Kollin Altomare Architects
[email protected]
562-810-5612
Jim Dillavou
Paragon Commercial
[email protected]
949-274-0469
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C O L B Y D U R N I N

PRINCIPAL-IN-CHARGE
Colby Durnin is the founder and CEO of Commercial Real Estate Development Enterprises (CREDE). With 25 years of experience, Colby has successfully developed and repositioned thousands of assets across the country, demonstrating CREDE’s ability to consistently deliver value for its clients.

Since founding CREDE in 2001, Colby has created a single-source solution with an experienced team in all areas under one roof, increasing eﬃciency throughout the development process. CREDE has developed and redeveloped more than 1900 projects, including all asset classes, spanning 25 states and 5 countries.

SELECTED EXPERIENCE
■ The Zeller Apartments - Salt Lake City, UT
A 300,000-SF, mixed-use, transit-oriented development. The project has 10 live-work units, 18 townhomes, 10 urban ﬂats, 180 apartments, a multi-story parking structure and a large, ground- level retail area.
■
■
The University of Utah Healthcare Center - Salt Lake City, UT New 170,000-SF health center, plus a 150-unit residential building with street-level retail spaces, a multi-tenant oﬃce building, and underground parking
Prairie Vista Apartment Homes - Williston, ND
Modular housing with 89-units, 3-story. Each home provides an in-unit washer and dryer, laminate wood ﬂooring, and air conditioning. The pet-friendly community includes desirable shared amenities like an outdoor barbecue area, gazebos, and personal parking garages. ■
■
Dakota Landing (Ramada Hotel) - Williston, ND
240-room, 4-story Extended stay hotel facility with complete living and working facilities to accommodate 500 persons. Facility includes 240 separate sleeping quarters, lobby with library, full service restaurant, dining room, laundry, ﬁtness center, conference area, business oﬃces, media room, billiards and bar. Also included is a dormitory for 18 full-time, live-in employees.

Town Storage Oﬃce - Portland, OR
Construction management and development services of a 90,000-SF seismic upgrade and mixed-use, oﬃce conversion of an originally built 1916 structure.

EDUCATION AND LICENSING AFFILIATIONS
■
■
MBA, Finance: University of Hawaii ■ YPO, Executive Committee, Real Estate NetworkBA, Strategic Management:

University of San Diego ■
■
■
Urban Land Institute, Council Member
ICSC■ Licensed Real Estate Broker, CA, NV, TX
Team 100 Foundation
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D A V E H E R I C

COO & PROJECT EXECUTIVE
Dave Heric has over 30 years of experience in operational leadership and strategic management. He is known for his exceptional ability to streamline operations, enhance productivity, and drive organizational growth. He oversees CREDE’s daily operations, executes strategic initiatives, and leads cross-functional teams to in operational excellence.

His passion fosters a culture of continuous improvement and innovation.

Before joining CREDE, Dave was head of operation at a vertically integrated general contractor specializing in multifamily. His experience provides the team with a strong understanding of multifamily renovations and the required processes taken from the beginning of acquisition through redevelopment. Dave’s’ leadership in logistics, strategic development, and process optimization is instrumental in achieving sustained growth and proﬁtability, instilling conﬁdence in our team.

SELECTED EXPERIENCE
■
■
■
■
■
■
Castle Rock Apartments - Riverside, CA
272 units / 3-stories; Full interior renovation of 272-units based on vacant turns.

Colonnade Apartments - Riverside, CA
288 units / 3-stories; Full interior renovation of 288-units based on vacant turns.

Roosevelt Lofts - Los Angeles, CA
Clubhouse, Amenity space renovations.

Breeze Apartments - Los Angeles, CA
26 units / 2-stories; ADA upgrades to 15-units
Park Villas Apartments - National City, CA
268 units / 2-stories; Occupied interior renovation
Avalon La Jolla Colony - La Jolla, CA
180 units / 3-stories; Occupied interior renovation with 5-day turnaround time per unit, taking on 20-units per month, Project completed in 9-months.
■
■
3400 Avenue of the Arts - Irvine, CA
770 units / 4-stories; Full interior renovation based on vacant turns.

CitiZen South Bay on West 235th Street - Torrance, CA
265 units / 2-stories; Full interior renovations for 265-units based on vacant turns.

EDUCATION AND LICENSING CERTIFICATIONS
■ BS, Business Management:

California State University, San Marcos
■ Project Management Professional (PMP)
University of California, Irvine
City of San Bernardino, RFQual F-24-6001, Development Management Services October 17, 2024: Page | 23

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G I N A W I E C Z O R E K

PARTNER AND MANAGING DIRECTOR
Gina Wieczorek has over 15 years of experience overseeing strategic initiatives, development, and construction management (C/M) on numerous multifamily, retail, and commercial projects. Prior to joining CREDE, as Partner and Managing Director, Gina was the Principal of Casitas Development Services, a C/M and real estate development consulting ﬁrm involved in all phases of the design, permitting, and development process for multifamily projects.

Gina’s experience includes the repositioning of multiple value-add apartment communities and entitling an adaptive reuse project of a commercial tower into a multifamily residential building. She has redeveloped of hundreds of multifamily units including value-add rehab and new construction, and has delivered over 100 ADUs to Southern California. Her passion to build and deliver exemplary work and keen attention to detail is evident in her projects.

She always keeps the ﬁnal user in mind, providing housing that residents are proud to call their home in the communities she helps build.

SELECTED EXPERIENCE
■ Pasadena Second Unit ADU Program - City of Pasadena, CA Creation and execution of the City’s winning program to provide Section 8 housing via building ADUs in program participants backyards funded by a low-interest, City-provided loan. ■ Aﬀordable ADU Pilot Program - City of West Hollywood, CA Participated in the creation of the City’s ADU program as part of a Consultant team ■
■
■
■
■
■
■
■
■
Rancho Badillo Ground-Up Market Rate Apartments, 28 Units - Covina, CA Melrose Ave Ground-Up Market Rate Apartments, 52 Units - Los Angeles, CA E 3rd Street, 13 Units - Long Beach, CA
Ocean Blvd Adaptive Reuse and Ground-Up Apartments, 263 Units - Long Beach, CA Belleview Ave, 19 Units - Los Angeles, CA
Gilmore Ave, 4 Units - Los Angeles, CA
N. Harvard Ave, 8 Units - Los Angeles, CA
Westmoreland Ave, 16 Units - Los Angeles, CA
DeLongpre Apartments, 68 Units - Los Angeles, CA

EDUCATION AND LICENSING AFFILIATIONS
■ Urban Land Institute:■
■
MBA: New York University
Co-Chair of Programs Committee,
LA DC Advisory Board, NEXT member,
Housing Council member, REACH Mentor,
Small Scale Development Product Council
member
BS: California Polytechnic State University,
San Luis Obispo
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K R I S N A B E N N E T T

FUNDING COMPLIANCE SPECIALIST (SUBCONTRACTOR)

PRESIDENT
OPPORTUNITY MARKETING GROUP, INC. (OMG)
Krisna Bennett is the Owner and of Opportunity Marketing Group, Inc. (OMG), a funding compliance services ﬁrm and leader in Prevailing Wage Compliance. OMG is HUD Section 3, SBE, MBE, WBE, and DBE certiﬁed.

Krisna is a highly skilled specialist in public works contracting compliance with an adept understanding of federal DOL, HUD, Davis Bacon and State Public Works laws, regulations, compliance and awarding agency guidelines. She enforces contract compliance, business and local hire outreach requirements along with labor and prevailing wage compliance for multiple agencies, developers and general contractors for both public and private projects throughout Southern California.

SELECTED EXPERIENCE
■ The Aspire – Oversight enforcement to ensure Prime Contractor and subcontractors comply with Public Works, Davis Bacon, and HUD Section 3 requirements. Agency: County of Riverside ■ Project Legacy – Oversight enforcement to ensure Prime Contractor and all subcontractors comply with Public Works, Davis Bacon and HUD Section 3 requirements. Agency: HCD & County of Riverside
■
■
El Verano Senior Community - Anaheim, CA
OMG is currently the oﬃcial Labor Compliance Consultant and Enforcement Oﬃcer for the City of Anaheim. This 54-units of aﬀordable housing for low-income seniors (50% for formerly homeless), and Permanent Supportive Housing (PSH). Funded with 9% LIHTC, it provides on-site case management, health/wellness programs, and educational classes.

Enlightenment Plaza – Rousseau Résidences, Montesquieu Manor & Voltaire Villas - Contract Compliance enforcement services to ensured proper execution of diverse business program participation outreach, planning and mandated goal achievement, labor compliance monitoring, prevailing wage enforcement, and Project Labor Agreement compliance. Agency: BCA/LAHD/ HACLA
■
■
Springhaven Willowbrook II – Local Hire, State Public Works & Federal Davis Bacon compliance monitoring & enforcement services on $54M, 100-unit aﬀordable housing project with homeless supportive housing, and a child development center for at-risk youth. HUD Section 3 & Federal Davis Bacon Requirements. Agency: LACDA
Palm View Apartments – HUD Section 3 & Federal Davis Bacon compliance monitoring and enforcement services on this $8MM rehabilitation project. Agency: LACDA

EXPERTISE AFFILIATIONS
■
■
■
Expert Compliance Advisor ■ National Association of Minority Contractors Southern CaliforniaEﬀective Trainer and facilitator
Community Outreach Specialist ■
■
■
Minority Business Development Agency
Black Business Association
National Association of Women Business
Owners
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M A T T B E N N E T T

SENIOR PROJECT MANAGER
Matt Bennett 20+years of experience includes all aspects of project management, such as preconstruction, estimating, monitoring job costs, and schedules. He works closely with the design team and owner to ensure projects are completed on time and within budget.

Matt is well-versed in a multitude of market sectors, including healthcare, higher education, government, aerospace, and entertainment. His diverse experience allows him to transition across markets easily.

SELECTED EXPERIENCE
■
■
■
Mission College Central Plant and Interconnect Projects - Sylmar, CA $15M. 4,000-SF design-build of a new modular central utility plant for West Campus, including engineering oﬃce space, coil upgrades to existing air handling units, and infrastructure upgrades to electrical and chilled water.

San Bernardino Justice Center for the Judicial Council of California - San Bernardino, CA $262M. 380,000-SF, new 12-story trial court facility with 36 courtrooms, court executive and administrative oﬃces, traﬃc and family law administration, juvenile division, appellate division, central holding areas, jury assembly areas, and below-grade parking.

Children’s Hospital Los Angeles, Marion, and John E. Anderson Pavilion - Los Angeles, CA $454M. 566,500-SF, new seven-story, 317-bed patient tower includes cardiothoracic intensive care, newborn and infant critical care, emergency department, new cafeteria/outdoor dining, and conference center.
■
■
■
Cedars-Sinai Health Systems, Paciﬁc Design Center Bio-Manufacturing Facility - Los Angeles, CA $25M. 23,635-SF tenant improvement and new construction of cGMP clean rooms, research labs, oﬃces, and workstations.

Cedars-Sinai Health System, The Angeles Clinic Renovation and Expansion - Los Angeles, CA $26M. 40,000-SF renovation and expansion a three-story location housing imaging, lab, infusion, pharmacy, central check-in, urgent care, clinical exam, and research.

Gilead Lifesciences Southern California Campus Relocation, Los Angeles County 387,000-SF build-out of a 24-acre site with six buildings, including cGMP manufacturing, oﬃce/ lab, central plant, and warehouse/packaging. Buildings are structural steel frame with a precast exterior. The project includes site work, an adjacent road extension, a design-assist MEP package with process piping and equipment coordination, and complete commissioning and validation.

EDUCATION AND LICENSING CERTIFICATIONS
■ LEED Accredited Professional■ BS, Construction Management:

Michigan State University
City of San Bernardino, RFQual F-24-6001, Development Management Services October 17, 2024: Page | 26

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M I G U E L G A R C I A

SENIOR DEVELOPMENT MANAGER
Miguel Garcia has over 18 years of experience in real estate and project management. He is the political liaison with elected oﬃcials, community groups, and government agencies. He has successfully managed many aﬀordable housing projects, including those for low-income families, seniors, students, farmworkers, as well as mixed-use and urban inﬁll projects. These projects utilized Low-Income Housing Tax Credits (LIHTC), New Markets Tax Credit (NMTC), and other complex, layered ﬁnancing structures.

Miguel oversees all aspects of real estate development, from acquisitions through asset management. His projects are completed on time, within budget, and with the highest standards. He helps clients achieve aﬀordable housing goals and make a positive impact on their communities. By integrating new technologies and cultivating strategic partnerships, Miguel works with his teams to deliver a high-quality and people-centered development.

SELECTED EXPERIENCE
■ El Verano Senior Community - Anaheim, CA
54-units of aﬀordable housing for low-income seniors (50% for formerly homeless), and Permanent Supportive Housing (PSH). Funded with 9% LIHTC, it provides on-site case management, health/wellness programs, and educational classes. ■
■
■
■
■
Rollan Curtis Apartment Community - Los Angeles, CA
A mixed-use project with 140 aﬀordable housing family units, a health clinic and retail space.

Partially funded by NMTC, it is community hub with essential services.

Fillmore Central Station Community - Fillmore, CA
Mixed-use aﬀordable housing designed to serve low- and moderate-income families, with 24 rental units and 8 aﬀordable for-sale homes.

Paseo De Luz Apartment Community - Oxnard, CA
Aﬀordable housing for individuals with special needs, including mental illness, featuring 23 one- bedroom units.

Camino Gonzalez Apartment Community - Oxnard, CA
18-unit aﬀordable home community for families employed by the agricultural industry. The development features one-, two-, and three-bedroom rental homes.

Valle Naranjal Community - Piru, Ventura County, CA
A 66-unit family aﬀordable housing development.

EDUCATION AND ACCREDITATIONS AFFILIATIONS
■ SCANPH Member■
■
BA: California State University, Northridge
Housing Development - Training Institute
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A D A M W E M H A N E R

DEVELOPMENT MANAGER
Adam Wemhaner has 35 years of experience in development and construction management.

He has a proven track record of driving growth, streamlining operations, and fostering innovation across all aspects of the industry. Leveraging his expertise in both developer and contractor roles, he consistently delivers complex projects on time and within budget.

Adam is a strategic leader, focusing on growth, innovation, and eﬃciency in construction management. As an expert in comprehensive project management, he oversees the project lifecycle from pre-construction to ﬁnal delivery, ensuring quality and proﬁtability.

Adam excels at building high-performing teams and nurturing a positive company culture.

Additionally, he manages complex stakeholder relationships, securing funding, and expanding market presence. A visionary thinker, he brings a talent for devising innovative solutions and optimizing processes to support organizational growth and success. He is proﬁcient in Procore, Bluebeam, AutoCAD, and Revit.

SELECTED EXPERIENCE
■
■
■
U.S. Grant Hotel - San Diego, CA
$56M full remodel of a 270-guestroom historic hotel, including convention center space, the famous Grant restaurant, a new bar, and the entire public lobby space. Adam managed the careful refurbishing process, preconstruction in-house design, and value engineering options.

Moxy by Marriott - San Diego, CA
Special project comprising both ground-up construction and refurbishment for a 1899 historic building with 128 guestrooms. Adam managed the development process, preconstruction design in Los Angeles, and all construction through COO.

Auberge Resorts, - Calistoga, CA
Ground-up award-winning Napa Valley resort featuring, 100 rooms consisting of 15 private suites and 85 studios. Work also included all new roads and underground utilities, six meeting rooms, two restaurants, a new bar, and a spa with geothermal and mineral pool. Adam managed the budgeting process, preconstruction design, and all construction. ■ Proper Hotel - San Francisco, CA
Full renovation and conversion of an iconic 1907 hotel into the Proper Hotel. Renovations included 131 guestrooms, extensive structural work, and preservation of the original 80-year-old lobby tile.

Includes three new restaurants. Adam managed the demolition and careful restoration process, preconstruction design, and construction.

EDUCATION AND LICENSING CERTIFICATIONS & AFFILIATIONS
■
■
BS, Business: University of Phoenix ■
■
OSHA 30-hr Construction Safety Certiﬁcate
Additional coursework, business programs
and executive education via MIT, UCLA,
Cambridge, Cornell, Florida University,
Oklahoma University.

Certiﬁed Maintenance and Reliability
Professional
■ Society for Maintenance and Reliability
Professionals
City of San Bernardino, RFQual F-24-6001, Development Management Services October 17, 2024: Page | 28

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Y O N A S M I S G I N A

PROJECT MANAGER
Yonas Misgina is a seasoned and highly skilled project manager, with more than 17 years of professional experience in project management, including building construction, land development, and capital improvement programs.

Throughout his career, Yonas has demonstrated proﬁciency in delivering a wide range of projects, including multi-family, residential, and civil projects across California. His wealth of experience makes him an invaluable addition to any team, where he can conﬁdently tackle and overcome challenges. He is proﬁcient at AutoCAD Civil 3D, HEC-RAS, EPA SWMM, EPA- NET, MS Project, HCSS (heavy bid), and Primavera.

SELECTED EXPERIENCE
■ City of Santa Clarita - Santa Clarita, CA
Managed projects for the City of Santa Clarita. Work included site improvements to retaining walls, walking paths, and pedestrian ramps. Duties also included reviewing and approving contractors, billing, and project documents.
■
■
3571 Centinela Ave Apartments - Los Angeles, CA
6,998 sq ft, 4-unit. Construction management services with design, support, and documentation. 860 W Normandie Ave Apartments - Los Angeles, CA
Provided civil engineering design and construction support including monitoring, change management, and documentation.
■
■
Seminole Springs Modular Home Park - Agoura Hills, CA
Building construction, street improvements, storm drain repair, and water/gas/sewer pipeline upgrades.
64 Hermosa Ave - Oakland, CA
2455 sq ft, 3-bed, 3-bath, single-family home. Construction and site improvement, with support, monitoring, and documentation.
■
■
2800 Lakeshore Blvd - Agoura Hills, CA
Single-family residential rebuild including permitting and supervision. 29206 Crags Dr - Agoura Hills, CA
Provided cost estimating, scheduling, permitting, and site supervision for the residential rebuild of this single-family home.

EDUCATION AND LICENSING CERTIFICATIONS & AFFILIATIONS
■
■
■
MS, Project Management:

Northwestern University
■
■
OSHA 30-hr Construction Safety Certiﬁcate
Associate Member - ASCE
(American Society of Civil Engineers)BS, Civil Engineering:

Addis Ababa University, Ethiopia
Professional Engineer, California, #90746
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E M M A R I V I E L L E

ASSISTANT PROJECT MANAGER
Emma Rivielle is a Master of Science graduate in Real Estate with a proven history of success, backed by four industry internships which honed her expertise in commercial development. As an Assistant Project Manager, she is proﬁcient in managing ﬁnancial analysis, coordinating project documentation, and developing strategic plans to drive project success. Her academic achievements and practical experience equip her with a deep understanding of real estate development, from initial concept to ﬁnal execution.

A former collegiate athlete, Emma brings a unique, team-oriented mindset to her role, excelling in high-pressure environments and fostering collaboration among stakeholders.

Her attention to detail, strong organizational skills, and commitment to delivering excellence make her a valuable asset in overseeing complex, multifaceted projects. With a passion for innovation and continuous improvement, she is dedicated to the success of every project.

SELECTED EXPERIENCE
■ Yerba Buena Island - San Francisco, CA
An $80M luxury town home and ﬂats development bringing 266 new residential units to the housing market, addressing the growing demand. This thoughtfully designed community includes a signiﬁcant aﬀordability component, with 27% of the units dedicated to aﬀordable housing, contributing to a more inclusive and diverse residential oﬀering. ■ Chapman University Campus - Orange, CA
The $25 million, 50,000-SF Student Success Center is a cutting-edge, ground-up development providing essential services to support student achievement throughout their academic journey.

This dynamic facility houses spaces for academic advising, career counseling, tutoring, and other student-focused services, all aimed at fostering personal and academic growth. With modern, ﬂexible spaces and advanced technology, the center serves as a critical hub for students to access the needed resources to succeed in their academic and career pursuits.

EDUCATION AND LICENSING CERTIFICATIONS
■ MS, Real Estate: Chapman University,
George L. Argyros College of Business and
Economics
■ Wall Street Prep: Real Estate Financial
Modeling and Valuation
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L E O R A M I R E Z

PROJECT SCHEDULER
Leo Ramirez is a results-oriented Construction Scheduler and Senior Planning Consultant with over 25 years of experience successfully supporting multiple projects utilizing Primavera P6. He has proven expertise in managing complex capital projects, including civil, structural, mechanical, process piping, plumbing, electrical, commissioning, and regulatory sign-oﬀ. Leo serves as a Senior Planning Consultant with extensive experience in supporting business development, preconstruction, design-build, and construction phases.

His comprehensive knowledge and skill set make him an invaluable asset in guiding projects to successful completion.

Leo is instrumental in supporting project teams at risk of eroding fees by providing delay analysis to support compensable requests for extensions of time. His notable achievements include master planning and scheduling for Fullerton College’s construction bond program and facilitating trainings to enhance project team capabilities for monitoring and controlling project schedules. His dedication to improving project outcomes through meticulous planning and eﬀective training underscores his commitment to excellence.

SELECTED EXPERIENCE
■ Camden Glendale Triangles - Glendale, CA
$60M+. Ground-up, 7-story, multi-family and mixed use development. The complex includes 303 residential units (16 for low income), 16 live-work units, and six ground ﬂoor retail spaces. ■ Egyptian Condominiums - San Diego, CA
New construction & historic renovation, this mixed-use project with 80 residential condominium units and retail space over two-levels of underground parking, totaling 202,800-SF. Included partial demolition and restoration of historic Bush Egyptian Theatre, converted into retail space. ■
■
Henry Mayo Newhall Hospital, New Patient Tower - Santa Clarita, CA $151M+, design build, six-level patient tower adds 142 patient beds to the Santa Clarita Valley community. It includes private rooms with bathrooms, medical/surgical rooms, and a Women’s Services unit. The project includes a new central plant to support the building systems.

Valley Presbyterian Hospital Inpatient Tower - Van Nuys, CA $36M. Construction of new six-story structure, 127,250-SF, included 188 beds, nurse stations, isolation rooms, ICUs, semi-private rooms, nurseries, VIP suites and central plant. The hospital remained fully operational during all phases of construction. This is an OSHPD 1 facility.

EDUCATION AND LICENSING AFFILIATIONS
■
■
University of San Diego: ■ AACE Member
•
•
•
Certiﬁcate in Risk Management
Certiﬁcate in Scope Management
Fundamentals of Project Management
Platt College:
• Certiﬁcate in Drafting Technology
City of San Bernardino, RFQual F-24-6001, Development Management Services October 17, 2024: Page | 31

Packet Pg. 384

B J O R N T H I E L A N

ACCOUNTING MANAGER
Bjorn Thielan brings over 10-years of experience specializing in construction and development. He works closely with the development team and investors to secure construction ﬁnancing and keep the projects running. His experience includes mixed-use, multi-family, and healthcare facilities. Experienced with construction budgets of over $100M, Bjorn is responsible for preparing and submitting monthly bank draws, preparing loan draws, and reconciling project budgets.

A seasoned ﬁnancial and construction accountant, Bjorn’s experience allows him to multi- task while maintaining a high level of accuracy and eﬃciency. He works closely with the development team to secure funds for projects, with CPAs for yearly audits for operating properties and cost certiﬁcation for all new projects. Additionally, he oversees the accounting department for CREDE in monthly ﬁnancials and year-end duties.

SELECTED EXPERIENCE
■
■
■
LifeHOUSE - San Diego, CA
Situated within the Bird Land neighborhood of San Diego, California, LifeHOUSE San Diego Healthcare Center is a 305 bed skilled nursing facility.

LifeHOUSE - Bakersﬁeld, CA
This Healthcare Center is located within the Homaker Park neighborhood. It is a 150-bed skilled nursing facility oﬀering independent, assisted, and memory care living.

The Palazzo - Phoenix, AZ
A full-service continuing care retirement community oﬀering Independent Living, Assisted Living, Skilled Nursing, and Memory Care. The community features three Assisted Living neighborhoods all with fully accommodating living areas and apartments that are among the largest Assisted Living homes in the market. Each completely renovated apartment oﬀers full kitchens, walk-in closets with extra storage, large private patios or balconies, emergency call boxes and views of the surrounding Phoenix Mountain range.

EDUCATION AND LICENSING
■ BS, Economics:

University of California, Irvine
City of San Bernardino, RFQual F-24-6001, Development Management Services October 17, 2024: Page | 32

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O P P O R T U N I T Y M A R K E T I N G GROUP, C O M P L I A N C E SPECIALIST

A D D I T I O N A L INFORMATION

CONFIDENTIAL

STATEMENT OF

QUALIFICATIONS
5183 Overland Avenue Suite A Culver City, CA 90230
Prepared By OPPORTUNITY MARKETING GROUP, INC IS A
Krisna Bennett
Owner – President Opportunity Marketing Group, Inc. (OMG) PH: (310) 922-7629 E: [email protected] and HUD Sec
3 business
Opportunity Marketing Group, Inc. (OMG) founded in 1992 by Jan Bennett is a DBE, SBE, LSBE, WBE and MBE certified by Los Angeles Metropolitan Transportation Authority (LA METRO), DGS and the California Unified Certification Program (CUCP). Opportunity Marketing Group, Inc. is an equal opportunity employer who promotes the economic advancement of minorities and women as individuals and business owners through enforcing local hire employment and award of contracts to certified firms on State, Federal and Private funded construction projects.

OMG provides contract compliance enforcement and consulting, throughout the Southern California region to both public and private entities. For over 25 years OMG has specialized in State Public Works, Federal Davis Bacon (and Related Acts), Equal Employment Opportunity, Community Outreach, Diverse Business contracting, Local Hire, Project Labor Agreement enforcement, Outreach Program planning assistance, HUD Section 3, Community Engagement Services and all agency compliance requirements.

OMG knows the formula for compliance success to complex Labor compliance laws. Through this knowledge we can enforce labor standards and prevailing wages promptly and successfully for the Developer, Awarding Agency, General Contractor and all stakeholders involved. OMG has worked with all building trade unions enforcing Project Labor Agreements on public works and federally funded projects. Through our long history in the labor compliance Industry OMG is equipped with an expert set of skills that mitigates contractors and client's risk of penalty or fines due to non-compliance. OMG has a highly trained staff with 30+ combined years of experience implementing successful programs of compliance. OMG has an efficient streamlined process that allows us to quickly organize projects, track data and be proactive in mitigating any potential issues of non-compliance. OMG can foresee potential contractor compliance issues and provide clear and comprehensive reports and plans of action to ensure compliance is met. OMG’s insight in reaching logical and legal resolutions to complex issues has made OMG an asset to our clients.

OMG’s clients include public and private sector; owners, developers, prime contractors, city and county agencies, private consultants and diverse business enterprises. OMG has worked on some of the largest public and private construction projects in the Los Angeles area and surrounding cities on such projects as the Metropolis Hotel & Residence DTLA, Exposition Park, California Science Center, Coliseum Restoration Project, EPIC Swim Stadium, Staples Center, The W Hotel & Residences Hollywood, L.A. Live, Ritz Carlton / JW Marriot Hotel & Residences, Courtyard Marriott, Alameda Corridor, Del Mar Station and Lynwood High school. OMG’s affordable housing division has worked on executing compliance programs using CDBG, HOPWA, HOME, TCAC, ARPA, HAP, HOMEKEY, JJJ, HHH, and other State, City or County funds. OMG is currently the official Labor Compliance Consultant and Enforcement Officer for the City of Anaheim.

OMG’s community participation and compliance enforcement efforts have had a profound impact on countless communities, contractors, and individuals. Providing access to contract awards, jobs, training, and educational programs.

City of San Bernardino, RFQual F-24-6001, Development Management Services October 17, 2024: Page | 33

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O P P O R T U N I T Y M A R K E T I N G GROUP, C O M P L I A N C E SPECIALIST

A D D I T I O N A L INFORMATION

KRISNA BENNETT - OWNER AND PRESIDENT
OPPORTUNITY MARKETING GROUP, INC.
(OMG) - BIO
Krisna began her career in 1997 at Opportunity Marketing Group, Inc.(OMG) as an equal employment officer (EEO) and contract compliance consultant on government funded construction projects, working and learning the business alongside her Mother OMG’s founder, enforcing State Public Works and Federal Labor Standards including; EEO, labor, prevailing wage, Local Hire/PLA compliance on such projects as Staples Center, California Museum of Science and Industry, King Drew Magnet High-School, Metro Pasadena Gold Line, LA Live and W Hotel Hollywood. Krisna has been instrumental in developing innovative programs and executing opportunities for better community inclusion, community communication of project statistical data, local employment hiring and diverse business contract award industry practices. Krisna has been instrumental in expanding OMG’s affordable housing department, working with several of the leading Developers and Primes on supportive housing projects throughout Southern California and surrounding cities.

Krisna became the sole owner of Opportunity Marketing Group, Inc. in 2018 and has established herself as an industry leader in ensuring successful community and local outreach program, labor and prevailing wage monitoring and enforcement in the commercial and residential public works construction industry.

Ms. Bennett is an expert in State and Federal labor compliance, prevailing wage, equal opportunity enforcement, community outreach, diverse business and workforce development; including HUD Section 3 projects, Project Labor Agreements and Local Hire program planning and execution. In 2021 Krisna was approved to enforce labor compliance on behalf of the City of Anaheim. Since 1997 Krisna has assisted in developing and implementing successful labor and prevailing wage, employment and business outreach programs for such projects as Metro Southwestern Yard, Metro AMC Shoofly, Metropolis Hotel Indigo and Residences, Project Legacy, Silva Crossing, The Nook, Enlightenment Plaza, LA County Twin Towers Correctional facility Elevator Project and a multitude of other public improvement, commercial and supportive housing projects throughout Southern California. Krisna has forged professional relationships that are founded in trust, mutual respect, mindfulness, and open communication.

Krisna 's best practices of sound business have solidified OMG as a recognized leader in the construction contract compliance industry.

OPPORTUNITY MARKETING GROUP, INC. (OMG)

ABOUT THE FOUNDER JAN BENNETT
Founded in 1992 by Janice Bennett, arising out the 1992 civil disobedience in Los Angeles, Janice Bennett formed Opportunity Marketing Group. Opportunity Marketing Group gained recognition as a leader in the outreach industry in 1993 while collaborating with Mayor Richard Riordan and the Rebuild LA program providing minority contractors to rebuild after the Los Angeles riots. Those first projects included the Sears store in Santa Monica and two South Los Angeles Mobil service stations destroyed by fire, seventy percent of the subcontractors hired were minority-owned companies all supplied by Opportunity Marketing Group. Her vision was to help rebuild the communities that were damaged in the Los Angeles Riots.

OMG’s founder understood that if Disadvantaged and Small businesses were given an opportunity to contracts, then local and disadvantaged workers would also be given an opportunity for employment. OMG then solidified their place in the community outreach, public works and federal funded compliance enforcement industry by providing minority, woman, disadvantaged, small business outreach and contract compliance enforcement services on early projects such as the New Lynwood High-School project, the San Diego Navel Housing Project Chollas Heights project, Staples Center, L.A. Live, Metropolis Hotel Indigo & Residence, California Science Center, Coliseum Restoration Project, EPIC Swim Stadium, W Hotel & Residences Hollywood, L.A. Live Ritz Carlton/ Marriot California Science Center, Jan and Krisna Bennett 1998
Hotel & Residences, Courtyard Marriott, Alameda Corridor, Del Mar Station and Metro Gold Line.

Jan Bennett, Mayor Richard Riordan and Christine Divine (left) - Jan Bennett is being presented with award from the City of Los Angeles for her stellar efforts and support while working with Rebuild L.A., the economic development organization created after the 1992 riots.

City of San Bernardino, RFQual F-24-6001, Development Management Services October 17, 2024: Page | 34

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O P P O R T U N I T Y M A R K E T I N G GROUP, C O M P L I A N C E SPECIALIST

A D D I T I O N A L INFORMATION
OPPORTUNITY MARKETING, INC. DBA OMG COMPLIANCE SERVICES Services Offered
Labor And Prevailing Wage Compliance Enforcement, Monitoring, Tracking and Reporting • Project Compliance Audit and Closeout/Retention Release Assistance Services. • Project Labor Agreement Development, Interpretation, Monitoring and Enforcement • Skilled And Trained Workforce Requirement Planning Assistance, Monitoring and Enforcement • Community Outreach / Local Hire Program Execution, Monitoring, Enforcement, Candidate Placement, Good Faith Tracking and Reporting • Business Outreach Program Compliance Adherence (MBE/WBE/DBE/DVBE/SBE/LSBE/OBE) Identification Assistance, Enforcement, Monitoring and Reporting • Section 3 Program Adherence Section 3 Resident, Targeted Worker and Business Identification Assistance, Enforcement, Monitoring, Tracking and Reporting Determined pursuant to the provisions of sections 1720 et seq. of the California Labor Code and the Davis-Bacon Act (40 USC, Chapter 3, Section 276a-276a-5; and 29 CFR Parts 1, 3,5, 6 and 7) require the payment of prevailing wages and labor standards enforcement for all Public Works projects over $1000 and Davis Bacon requirements when construction work over $2,000 is financed in whole or in part with federal funds. All projects receiving a penny or granted a concession of discount from the State are considered Public Works an any award from HUD are subject to Section 3 requirements.

Opportunity Marketing Group, Inc. will provide compliance services including prevailing wage monitoring and public works labor enforcement according to the requirements as outlined in the California State Labor Codes 1720-1781, all applicable federal labor standards, Department of Labor, and HUD regulations associated with your project.

Opportunity Marketing Group, Inc. will provide Labor Compliance enforcement services by approaching all Equal Employment Opportunities, Labor & Prevailing Wage, outreach compliance enforcement monitoring and reporting requirements in a comprehensive systematic manner.

Most importantly, OMG will create a customized plan to meet the specific needs of your project. OMG provides services through an integrated system of processes, checks and balances to ensure all labor Standards are properly enforced for the duration of the project. OMG has a team of professionals with a dedicated team leader to execute and enforce your projects Labor and Prevailing Wage Compliance program. OMG will notify you of all violations to prevailing wage payments, apprenticeship and other applicable labor standards including any business or employment outreach requirements. 5 City of San Bernardino, RFQual F-24-6001, Development Management Services October 17, 2024: Page | 35

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O P P O R T U N I T Y M A R K E T I N G GROUP, C O M P L I A N C E SPECIALIST

A D D I T I O N A L INFORMATION
OPPORTUNITY MARKETING GROUP, INC. DBA OMG COMPLIANCE SERVICES

PROJECT EXAMPLES
Does not include all OMG’s project.

CONFIDENTIAL
Affordable and Supportive
Housing Projects
*does not include all projects
•
•
2023-2024 The Aspire – Provide project oversight enforcement on behalf of the owner to ensure Prime Contractor and all subcontractors maintains compliance with Public Works, Davis Bacon and HUD Section 3 requirements. Awarding Agency: County of Riverside
2022 – 2024 Enlightenment Plaza – Rousseau Résidences, Montesquieu Manor & Voltaire Villas - OMG provides Contract Compliance enforcement services on behalf of the Prime. Responsible for ensuring proper execution of diverse business program participation outreach, planning and mandated goal achievement, labor compliance monitoring, prevailing wage enforcement and compliance with the Project Labor Agreement. Awarding Agency: BCA/LAHD/HACLA
•
•
•
2021 – Dec 2023 Project Legacy – Provide project oversight enforcement on behalf of the owner to ensure Prime Contractor and all subcontractors maintain compliance with Public Works, Davis Bacon and HUD Section 3 requirements. Awarding Agency: HCD & County of Riverside 2021 – 2023 The Nook FKA South Library – Provided project oversight enforcement on behalf of the owner to ensure Prime Contractor and all subcontractors maintain compliance throughout with all Public Works, Davis Bacon and HUD Section 3 requirements. Awarding Agency: LACDA 2021 – 2023 Silva Crossing Library – Provided project oversight enforcement on behalf of the owner to ensure Prime Contractor and all subcontractors maintain compliance throughout with all Public Works, Davis Bacon and HUD Section 3 requirements. Awarding Agency: LAHD/HACLA CONFIDENTIAL City of San Bernardino, RFQual F-24-6001, Development Management Services October 17, 2024: Page | 36

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O P P O R T U N I T Y M A R K E T I N G GROUP, C O M P L I A N C E SPECIALIST

A D D I T I O N A L INFORMATION
Past 10 years of Affordable and
Supportive Housing Projects
*does not include all projects
• Springhaven Willowbrook II – Provided Local Hire, State Public Works & Federal Davis Bacon compliance monitoring & enforcement services on this $54MM 100-unit affordable housing project will include supportive housing for the homeless as well as a child development center for at-risk youth. HUD Section 3 & Federal Davis Bacon Requirements Completed 2021 (agency - LACDA) Palm View Apartments – Provided HUD Section 3 & Federal Davis Bacon compliance monitoring and enforcement services on this $8MM rehabilitation project. Completed 2020 (agency - LACDA) Garden Grove Sewer Main Lining and Spot Repair Projects 1 & 2 – Provided HUD Section 3 & MBE/WBE compliance enforcement services. Completed 2020 (agency - City of Garden Grove) Courson Arts Colony East and West – Provided State Public Works, HUD Section 3, Federal Davis Bacon compliance monitoring and enforcement services. Completed 2020 (agency - LACDA) South Campus Apartments – Provided HUD Section 3, State Public Works & Federal Davis Bacon compliance monitoring and enforcement services. Completed 2019 (agency - HCIDLA) Carlos Ortega Apartments – Provided State Public Works, HUD Section 3, Federal Davis Bacon compliance monitoring and enforcement services. Completed 2018 (agency - City of Palm Desert) Coral Mountain HUD – Provided State Public Works, HUD Section 3, diverse business outreach & Federal Davis Bacon Requirements. Completed 2015(Agency - City of La Quinta) Hazeltine and wyandotte Apartments – Provided State Public Works, HUD Section 3, Federal Davis Bacon Requirements. Completed 2015 (Agency - HCIDLA) •
•
•
•
•
•
•
•
•
•
Silverlake Village – Provided State Public Works, HUD Section 3, MBE/WBE utilization & Federal Davis Bacon Requirements. Completed 2014 (Agency - LAHD) Hollywoodland Family Apartments – Provided HUD Section 3 & Federal Davis Bacon compliance monitoring and enforcement services Completed 2014 (Agency - HUD) Silverlake Village – Provided State Public Works, HUD Section 3, MBE/WBE utilization & Federal Davis Bacon Requirements. Completed 2013 (Agency - HCIDLA) CONFIDENTIAL Commercial Projects
*does not include all projects
Robert Cruz Hensel Phelps Project Manager Ph: 714.673.1003 E: [email protected] • July 2024 – Present: Cal Trans Small Disadvantaged Business Research Study – Krisna serves as the Data Expert on the disparity study. The Disparity Study examines Cal Trans contracting practices in construction, architecture and engineering, miscellaneous and other professional services, and goods and other services as it relates to Disadvantaged and Small Business Enterprises (S/DBEs). •
•
June 2024 – Present: LA County Twin Towers Correctional Facility Elevator Repair Project – Enforce State Public Works Labor/Prevailing Wage, CBE Business Outreach Program compliance on behalf of the GC.

June - December 2024: LA Metro Small Disadvantaged Business Research Study – Krisna served as the Data Expert on the disparity study. The Disparity Study examines Cal Trans contracting practices in construction, architecture and engineering, miscellaneous and other professional services, and goods and other services as it relates to Disadvantaged and Small Business Enterprises (S/DBEs). •
•
2021 – Dec 2026 City of Anaheim Labor Compliance Consultant – Park capital improvement projects OMG enforced Davis Bacon, Public Works, MBE/WBE and HUD Section 3 on behalf of the City of Anaheim. 2022 – 2024 Airport Metro Connector Station Site Work and Shoofly Construction – OMG was responsible for ensuring proper execution of diverse business program participation outreach and mandated goal achievement, labor compliance monitoring, prevailing wage enforcement and compliance with the Project Labor Agreement (PLA) – Local Hire and Disadvantage worker goals. •
•
2016 – 2020 Metro Southwestern Yard Project – OMG was responsible for ensuring proper execution of program, compliance monitoring, enforcement and reporting as per: Project Labor Agreement (PLA) – Local Hire and Disadvantage worker goals, State and Federal Labor and Prevailing Wage requirements. Krisna also served as the community liaison on behalf of Hensel Phelps Herzog. 2014 -2017 Metropolis Hotel Indigo and Residences – OMG was responsible for ensuring proper execution of program, compliance monitoring, enforcement and reporting as per: (PLA) – Local worker goals, State and Federal CONFIDENTIALLabor and Prevailing Wage requirements.

City of San Bernardino, RFQual F-24-6001, Development Management Services October 17, 2024: Page | 37

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O P P O R T U N I T Y M A R K E T I N G GROUP, C O M P L I A N C E SPECIALIST

A D D I T I O N A L INFORMATION

OPPORTUNITY

MARKETING
GROUP, INC.

Iconic Commercial Projects:

Delivered full labor and prevailing wage compliance. Most projects included required Local Hiring Project Labor Agreements and MBE/WBE Participation. *does not include all projects • Park and Market Apartments – Completed 2021
• Courtyard Marriott DTLA – Completed 2014
• LA Sports Arena – Completed 2000
• Staples Center – Completed 1999
• The W Hôtel & Résidences Hollywood – Completed 2009
• L.A. Live – Completed 2009
• Epicc Swim Stadium at Exposition Park – Completed 2003 • Exposition Park Department of Public and Social Services – Completed 2001 • Coliseum & Sports Arena Restoration Project – Completed 2000 • California Science Center Exposition Park – Completed 1998 • The Alameda Corridor – Completed 1999
• King Drew Magnet School – Completed 1999
• The New Lynwood Highschool – Completed 1998
• San Diego Navel Housing Chollas Heights – Completed 1998

CONFIDENTIAL

WHY CHOOSE US

R ELEVANT E X P E R I E N C E
OMG, INC. is a leader in the Prevailing Wage
Compliance Industry. Our History speaks for itself!
Violating the Labor and Prevailing
Wage laws can be unintentional but
that does not always go without
consequence. Penalties can be
accrued even for unintentional
mistakes!
We provide direct compliance
guidance to our client and
subcontractors to alleviate potential
risks for all parties involved. OMG
helps mitigate your risk. You as
the Agency, Owner and GC are
ultimately responsible for any
OMG's staff is trained to enforce and penalties or fines incurred due to a identify compliance violations directly sub-contractors non-compliance. as it relates to State CA labor code,
Federal Davis Bacon laws and/or
other requirements in a clear and
concise manor.

All we want our client to worry
about during construction is
construction!
OMG has enforced labor/prevailing
wage and local hire outreach
compliance since the early 90's. We
have worked with most major
Awarding Agencies, Developers and
Prime Contractors on some of Los
Angeles most iconic buildings and
affordable housing throughout
California.

In turn our processes and best
practices have fostered great
working relationships with all
professionals in the government
funded construction Industry.

We want to help ensure your
project is in compliance from start
to finish!
40%+1000+
10,000+ Is the average % of
hours worked by
Local and Section 3
workers on OMG, Inc.

Projects with hiring
requirments
Successful Prevailing
8000+Wage Labor Compliance
Projects in Los Angeles
and Surrounding areas
Individuals, OMG has
provided access to
contract awards, jobs,
or access to training
and continuing edu-
cational programs.

Number of Contractors
OMG has successfully
assisted on Prevailing
Wage Projects
City of San Bernardino, RFQual F-24-6001, Development Management Services October 17, 2024: Page | 38

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O P P O R T U N I T Y M A R K E T I N G GROUP, C O M P L I A N C E SPECIALIST

A D D I T I O N A L INFORMATION
Printed on: 6/19/2024 10:11:35 AM
To verify most current certification status go to: https://www.caleprocure.ca.gov Office of Small Business & DVBE Services
Certification ID: 2036190 Email Address:
[email protected] Business Name:

Opportunity Marketing Group Inc. Business Web Page:

Doing Business As (DBA) Name 1: Business Phone Number:

OMG 310/815-1283
Doing Business As (DBA) Name 2: Business Fax Number:

OMG Compliance Services
Address: Business Types:
5183 Overland Ave.

Ste. A
Service
Culver City
CA 90230-6006
Certification Type Status From To
SB(Micro) Approved 11/15/2023 11/30/2025
Stay informed! KEEP YOUR CERTIFICATION PROFILE UPDATED! -LOG IN at CaleProcure.CA.GOV
Questions?
Email: [email protected]
Call OSDS Main Number: 916-375-4940
707 3rd Street, 1-400, West Sacramento, CA 95605
file:///C:/Users/klani/OneDrive/Documents/OMG INC/Corporate docs/Business Certfications/DGS SBE.html 1/1 City of San Bernardino, RFQual F-24-6001, Development Management Services October 17, 2024: Page | 39

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O P P O R T U N I T Y M A R K E T I N G GROUP, C O M P L I A N C E SPECIALIST

A D D I T I O N A L INFORMATION
MS. KRISNA BENNETT
Opportunity Marketing Group, Inc.
10736 Jefferson Blvd.
#621
Culver City, CA 90230-4969
Subject: Small Business Enterprise Certification
Dear MS. KRISNA BENNETT:

We are pleased to advise you that after careful review of your application and supporting documentation, the Los Angeles County Metropolitan Transportation Authority (Metro) has determined that your firm meets the eligibility standards to be certified as a Small Business Enterprise (SBE) as required under Metro's SBE Program.

Please log into our system at https://metro.gob2g.com/L.asp?GO=677 to read and print your official certification approval letter for your records.

Congratulations, and thank you for your interest in the SBE program.

Sincerely,
Ramon Ortiz
Director, Certification & Economic Development
Los Angeles County Metropolitan Transportation Authority (Metro) Diversity & Economic Opportunity Department
https://metro.gob2g.com
City of San Bernardino, RFQual F-24-6001, Development Management Services October 17, 2024: Page | 40

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O P P O R T U N I T Y M A R K E T I N G GROUP, C O M P L I A N C E SPECIALIST

A D D I T I O N A L INFORMATION
Query Criteria
Certification Types: DBE
Firm Name: Opportunity Marketing Group
Firm ID 23104
DBA Name
Firm Name
Address Line1
Address Line2
City

OPPORTUNITY MARKETING GROUP

OPPORTUNITY MARKETING GROUP
3800 STOCKER STREET
#25

LOS ANGELES
CAState
Zip Code1
Zip Code2
90008
Mailing Address Line1 3800 STOCKER STREET
Mailing Address Line2 #25
Mailing City LOS ANGELES
CAMailing State
Mailing Zip Code1
Mailing Zip Code2
Certification Type
EMail
90008
DBE
[email protected]
Contact Name
Area Code

KRISNA BENNETT
310
Phone Number
Extension
922-7629
Alt Area Code
Alt Phone Number
Extension
Fax Area Code
Fax Phone Number
310
526-6524
Agency Name
Counties

LOS ANGELES COUNTY METRO TRANSPORTATION AUTHORITY (MTA) 19;
Districts 07;

DBE NAICS

ACDBE NAICS
Work Codes
Licenses
541611; 541612; 541820;
C8700 CONSULTANT, NON ENGINEERING; C8701 BUSINESS ADMINISTRATION; I8740 MANAGEMENT & PUBLIC RELATIONS; Trucks
Gender F
Ethnicity BLACK
DBEFirm Type
City of San Bernardino, RFQual F-24-6001, Development Management Services October 17, 2024: Page | 41

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P R O J E C T

S C H E D U L E
City of San Bernardino, RFQual F-24-6001
SB HOPE Campus Project Schedule
#
1 Activity ID Activity Name OD Start Date Finish Date 2025 2026 Qtr 1
Jan
Qtr 1
Feb
Qtr 2
May
Qtr 3
Aug
Qtr 4
NovDec Jan Mar Apr Jun Jul Sep Oct Dec
San Bernardino 239 02-Dec-24 07-Nov-25
17-Mar-25
07-Nov-25, San Bernardino
2 3
Planning & Pre-Construction 73
0 02-Dec-24
02-Dec-24*
02-Dec-24
11-Dec-24
16-Dec-24
19-Dec-24
07-Jan-25
16-Jan-25
17-Mar-25, Planning & Pre-Construction
PC-010
PC-020
PC-030
PC-040
PC-050
PC-060
PC-070
Project Start Project Start
4 Production Of Construction Documents
Project Kick-Off With All Stakeholders
Demo Plan &Application Submitted
Pre-Construction Compliance Kickoff Call With All Stakeholders Rough Grading Plan &Applicantion Submitted
Permitting Of Construction Documents
31 0
15-Jan-25 Production Of Construction Documents
Project Kick-Off With All Stakeholders5
6 0 Demo Plan &Application Submitted
7 0 Pre-Construction Compliance Kickoff Call With All Stakeholders Rough Grading Plan &Applicantion Submitted8 0
9 42 17-Mar-25
24-Oct-25
06-Jan-25
03-Feb-25
05-Feb-25
28-Mar-25
14-Apr-25
04-Apr-25
19-Sep-25
27-Jun-25
13-May-25
26-Sep-25
24-Oct-25
24-Oct-25
07-Nov-25
07-Nov-25
Permitting Of Construction Documents
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 Modular Build & Construction 219 16-Dec-24 24-Oct-25, Modular Build & Construction C-020
C-010
C-040
C-030
C-050
C-060
C-070
C-080
C-090
C-100
C-110
C-120
Abatement 14
24 16
42 20
5 16-Dec-24
31-Dec-24
15-Jan-25
29-Jan-25
18-Mar-25
31-Mar-25
07-Apr-25
29-Apr-25
08-May-25
14-May-25
29-Sep-25
29-Sep-25
27-Oct-25
27-Oct-25
Abatement
Long Lead Time Material Procurement
Demolition
Long Lead Time Material Procurement
Demolition
Modular Chassis Production
Site Prep & Foundations
Set First Building
Building Fit Out
Modular Chassis Production
Site Prep & Foundations
Set First Building
117
43 4
Building Fit Out
Roadway Work Roadway Work
Set Final Building
Site Grading & Utilities
Paving
Set Final Building
95 20
20 10
10 Site Grading & Utilities
Paving
Landscaping Landscaping
07-Nov-25, CFO
Certificates Of Occupancy
CFO
SC-010 Certificates Of Occupancy
*Please note the preliminary Schedule reflects the Vendor Award and Purchase Order issue date of December 2024 as per the RFQual; however, to push the schedule for early delivery, we highly recommend consideration of pre-approval for part of the entitlement work so that the Modular Fabrication Manufacturer can release the Design Consultants to start Civil and Construction Documents.

SB-01 DD: 02-Dec-24 San Bernardino - Full
City of San Bernardino, RFQual F-24-6001, Development Management Services October 17, 2024: Page | 42

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STANDARD HOURLY

RATE S C H E D U L E
Eﬀective January 1, 2024
The following standard rate schedule for fee agreements is valid for the current calendar year. Any changes in this rate of compensation or reimbursement shall be subject to a speciﬁc agreement between CREDE and the City of San Bernardino (client).

CLASSIFICATION RATE
Principal $625
Managing Director
CFO
$350
$350
$350
$350
$300
$300
$225
$185
$185
$185
$145
$115
COO
Senior Development Manager
Development Manager
Project Executive
Senior Project Manager
Project Manager
Scheduler
Financial Analyst
Assistant Project Manager
Project Coordinator
Administration $110
Accounting $105

REIMBURSABLE EXPENSE RATES
Shall be provided in accordance with the schedule attached. The following are examples of allowable reimbursable expenses and, if applicable, ordinary third-party costs and fees shall include:

1. CREDE’s models and renderings requested and approved in writing by the Client.

2. Permits and fees required by Governmental Agencies.

3. Out-of-state travel, including mileage, lodging, meals, parking, and entertainment with the Client’s prior approval.

4. Project-related meals or special event with the Client’s prior approval.

5. Local transportation (at Federal Mileage Rate) to or from Jobsite as agreed upon by the Client.

Allowable reimbursable expenses, receipts are required to be submitted with all invoices for reimbursable expenses.

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Packet Pg. 396

The following are not considered reimbursable expenses:

1. Local telephone and facsimile charge.

2. In-house color or b/w printing (small format).

3. Meals and entertainment unrelated to project meetings or special event.

4. Large-format reproductions, photocopying, printing, and plotting, including presentation boards.

Rates charged to be compared to those charged by commercial specialist companies.

5. Presentation preparation costs, including binding and printing.

6. Drawings and Speciﬁcations.

7. Messenger delivery, overnight shipping, or postal charges for reports, drawings, and speciﬁcations.

CREDE shall not be compensated for any services performed that are outside the Scope of Services or over and above the Contract Sum, except to the extent such services are the subject of a written Change Order or Modiﬁcation, and designated as “Additional Services,” signed by both the Client and CREDE before CREDE performs the Services.

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Packet Pg. 397

CERTIFICATE O F

I N S U R A N C E
CREDEMP-01 JMARTIN

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
10/11/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

CONTACT Jeremy MartinPRODUCER NAME:

Bryson Casualty Insurance Services Inc
3777 Long Beach Blvd
5th Floor

PHONE FAX
(A/C, No):(A/C, No, Ext):

E-MAIL [email protected]:

Long Beach, CA 90807
INSURER(S) AFFORDING COVERAGE NAIC #
Berkley Assurance CompanyINSURER A :

INSURED INSURER B : Texas Insurance Company 16543
Trisura Specialty Insurance CmopanyCREDE Construction Advisory, LLC 18301 Von Karman, Ste 510
Irvine, CA 92612
INSURER C :

INSURER D :

INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR
LTR

ADDL SUBR

INSD WVD

POLICY EFF POLICY EXPTYPE OF INSURANCE POLICY NUMBER LIMITS(MM/DD/YYYY) (MM/DD/YYYY) A X 1,000,000
100,000
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
X VUMB0206335 9/15/2024 9/15/2025 DAMAGE TO RENTEDCLAIMS-MADE OCCUR X X
X PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE
$
$
$
$
$
$
$
$
$
$
$
$
$
$
5,000
1,000,000
2,000,000
2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:

X X PRO-

JECT XPOLICY
OTHER:

LOC PRODUCTS - COMP/OP AGG
A
A

COMBINED SINGLE LIMIT
(Ea accident)
1,000,000AUTOMOBILE LIABILITY

ANY AUTO X
X
VUMB0206335
VUMB0206345
9/15/2024 9/15/2025 BODILY INJURY (Per person)
OWNED

AUTOS ONLY

SCHEDULED
AUTOS BODILY INJURY (Per accident)

PROPERTY DAMAGEX
X

HIRED X NON-OWNED
AUTOS ONLY AUTOS ONLY (Per accident)
X 5,000,000
5,000,000

UMBRELLA LIAB

EXCESS LIAB

OCCUR EACH OCCURRENCE
AGGREGATEX 9/15/2024 9/15/2025CLAIMS-MADE
DED RETENTION $

PER OTH-
ER

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY STATUTE
Y / N

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
E.L. EACH ACCIDENT $
$
$
N / A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
If yes, describe under
DESCRIPTION OF OPERATIONS below
B
C
Prof. Liability BFLPMLTCA011300_021902_01 12/14/2023 12/14/2024 Each Claim/Aggregate 2,000,000 3,000,000Cyber Liability AB662009403 3/15/2024 3/15/2025 Each Claim/Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of San Bernardino, its elected and appointed officials, officers, employees, agents, and volunteers are included as additional insureds with regard to commercial general liability and hired/non-owned automobile liability insurance, on a primary and non-contributory basis, as required by written contract. A waiver of subrogation applies in favor of the additional insured with regard to commercial general liability and hired/non-owned automobile liability insurance, as requried by written contract.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.The City of San Bernardino 290 North D Street
San Bernardino, CA 92401

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
City of San Bernardino, RFQual F-24-6001, Development Management Services October 17, 2024: Page | 45

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PREQUALIFICATIONS CERTIFICATIONS
F E D E R A L PAGE 2 , PAGE 1 I N S T R U C T I O N S O M I T T E D City of San Bernardino, RFQual F-24-6001, Development Management Services October 17, 2024: Page | 46

Packet Pg. 399

PREQUALIFICATIONS CERTIFICATIONS
F E D E R A L PAGE 3
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PREQUALIFICATIONS CERTIFICATIONS
F E D E R A L PAGE 4
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PREQUALIFICATIONS CERTIFICATIONS
F E D E R A L PAGE 5
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PREQUALIFICATIONS CERTIFICATIONS
F E D E R A L PAGE 6
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PREQUALIFICATIONS CERTIFICATIONS
F E D E R A L PAGE 7
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PREQUALIFICATIONS CERTIFICATIONS
F E D E R A L PAGE 9, PAGE 8 I N S T R U C T I O N S O M I T T E D

NON-LOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS
The prospective participant certifies, by signing and submitting this document, to the best of his or her knowledge and belief, that:
(I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting toinfluencean oﬀicer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an oﬀicer or employee of any Federal agency, a Member of Congress, an oﬀicer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

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-ꢀ/ v½_Iꢁ_�[_L_jꢂ--- By: ꢂDate: !h�
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9 of 10
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PREQUALIFICATIONS CERTIFICATIONS
F E D E R A L PAGE 10, PAGE 1 1 I N S T R U C T I O N S O M I T T E D Does not apply. No lobbying activities.

DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM T DISCLSE BBYG ACTIVITIES PURSUANT TO 31 U.S.C. 1352

1. Type of Federal Action: 2. Status ofFederal Ao 3. Report Type:
□□ a. bid/offer/application
b. initial awad
c. pst-awad
D a. initial
b. material chang
a. contract
b. grat
c. coopeativ agreement
d. loan For Material Change Only:
year __ q ___
date olast report _ _ _ _
. loan guarantee
lo insurace

4. Name and Address ofReporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address ofPrime:

DPrime DSubawarde
Tier ifknow
Congressional District, ifknow: ___ _
Federal Department/Agency:

Congressional District, ifknow: _ __ _

7. Federal Program Name/Description:6.

CFDA Number, if applicabl_______ __

9. Award Amount, if kow:
,

8. Federal Action Number, iknown:
$

10.a. Name and Address of Lobby Registrant
(If individual, lat name, fist name, MI)

10.b. Individuals Performing Services
(includg address ifdiﬀerent No. I0)
(last am, ﬁrst MI)
(attach Continuation Sheet(s)
requeted through his
is
Signature: - ---------- -
authorized by Title 31 U.S.C. Secto 1352.

This of lbbyig activitie is a

of fact upon whch
relance w
paced by the tier above when his trnsction
was
mde or entred int. Ths disclsure is
required
pursuant to 31 U.S.C. 1352. This

b available rpublicispection. Any peon
who
ﬁle the required discosure shll be
subject
to a civil penlty of nt e than $I0,000
and ot
more than $100,000 reach such failure.

Print Name: ______________ - ,
Title:---------------- ,
Tlephoe No.: ____ Date:

Authorizd Local Reproduction
Standard Form-LLL (Rev. 7-97)Federal Use Only:
10 of 10
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H U D PACKET ATTACHMENT F O R M S
PAGE 1
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H U D PACKET ATTACHMENT F O R M S
PAGE 2
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H U D PACKET ATTACHMENT F O R M S
PAGE 3
San Bernardino Hope Campus, Number TBD
San Bernardino, CA
TBD until work commences.

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H U D PACKET ATTACHMENT F O R M S
PAGE 4

BIDDERS QUESTIONNAIRE
FORMFill out all the following information and submit with Bid Proposal:

I
Bidder/Contractor's Name: C
Business Address: J S- Lu , q 1 1,
I
N3I
I
Telephone Number: Email:
#: NA
Class:
f

,

f
,
u
California State Contractor's License Number

and Class:

I
Tax Identification Number: -

a335JJ
I
DIR Contractor Registration Number: (Please see below*) I
UEI Number:
□
A
YES #:Business License: Do you currently have an active NOCity Business License?
w• X

INumber of years of experience the company has as a contractor:

DIR Contractor Worker(s) Classification (s)
(e.g. laborer, electrician, cement mason etc.) (TBD up registration. Please see below*) □YES NO
Has the company or any principal having an
interest in this Bid ever failed to complete a If yes, explain:
project?
□YES NoHas the company or any principal having an
interest in this Bid ever been terminated for r•

I If yes, e lain:cause, even if was converted to a "termination of
l

lv •y 'convenience"
0 •,(, (
(Please see below**)
Oindividual OPartnership mied Liability CompanyType of Firm:

Ocorporation (State ) Ooher (specify)
*CREDE is in the process of applying for DIR Registration. However, the DIR is undergoing system maintenance and has issued:
1) NOTIFICATION PAUSING eCPR ENFORCEMENT - 1771.4(a)(3); and 2) System Maintenance Notice
For more information, please see: https://www.dir.ca.gov/Public-Works/PublicWorks.html. **CREDE Legacy Holdings, via BayView Senior Living, filed a claim against a private individual, LP Investor Ron Thauer, for specific performance for not providing agreed and promised funding. This dispute is related to Ron Thauer’s investment and is unrelated to provisions of project management services for any of our clients.

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H U D PACKET ATTACHMENT F O R M S
PAGE 5
D Minority Business Enterprise(MBE)
D Women Business Enterprise (WBE)
Small Disadvantaged Business (SDB)
Veteran OwnedBusiness
D
D
D

Dsabled Veteran Owned Business
None Appy . .... .. '• List a.least three rapojects completed he last i e (S)years: -.
••
' .
·_ ,
.':,.
f . ·:
.••
'·
C' ;
.. · . -,• -
_•:_
,, , .

1. Name of Project:

Conac:

Seminole Springs Modular Home Park (staff: Yonas Misgina) I Phone:To be provided upon request. To be provided upon request.

Locaion of Projec (City/State): Agoura,
CA
I Date Compleed:Total Development
Cost $$56.56MConact Amount: 2021
Brief Description of Work:

Modular home park included building construction and street improvements.

Repairs were made to the storm drains, and water, gas, and sewer pipelines were upgraded.

2. Name of Project: El Verano Apartments (staff: Miguel Garcia and Krisna Bennett) IConac: Phone:Andy Nogal, Dep. Dir. Community &
Economic Dev., City of Anaheim 714-765-4368
Location of Projec
(Cy/State): I
Anaheim, CA
Contact Amoun: Total Development Dae Completed: 2021Cost $23.4 Million.

Bref Descripon of
Work:Development of a 54-unit senior and homeless senior community, comprised of 50% low-income seniors and 50% formerly homeless seniors. The project was funded through 9% Low-income Housing Tax Credits.

3. Name of Projec:

I
Enlightenment Plaza (staff: OMG/Krisna Bennett)
Conact:Darryl Embry, Sr. Proj. Mgr Phone:
909-979-9844Sinanian Construction
Locaion of Project
(City/Sate): I
Los Angeles, CA
TotalDevelopment
Cost $45MContact Amoun: Dae Compeed: In
ProgressBrief Description of Work:
454-units, w/managers units, of 100% affordable Permanent Supportive Housing with onsite, wraparound services. Amenities include a resident garden, lounge areas, a gym, a computer lab, and transportation, plus onsite housing for case managers and staff. ..Surety Company that will provide all Insurance Requirements:: • .. • . _: . ' ' ,. ' .

Name of Surety: Bryson Casualty Insurance Services, Inc.

Address: 3777 Long Beach Blvd, 5th Floor, Long Beach, CA 90807 Jeremy Martin, Account Executive, Property & CasualtySurety Company:Phone: (562) 617-0314 direct City of San Bernardino, RFQual F-24-6001, Development Management Services October 17, 2024: Page | 58

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H U D PACKET ATTACHMENT F O R M S

N O T I C E O F D I R P E N D I N G REGISTRATION A N D DELAY CREDE’s Department of Industrial
Relations registration application is
pending (see below).

The DIR is undergoing system
maintenance and has issued:
■ NOTIFICATION PAUSING eCPR
ENFORCEMENT - 1771.4(a)(3); and
■ System Maintenance Notice.

For more information, please see
https://www.dir.ca.gov/Public-Works/
PublicWorks.html.

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H U D PACKET ATTACHMENT F O R M S
PAGE 6

NON-SEGREGATED FACILITIES CERTIFICATION

FEDERALLY-ASSISTED CONSTRUCTION PROJECTS
The federally-assisted construction contractor certifies that he/she DOES NOT and WILL NOT:

1. Maintain or provide, for his/her employees any segregated facilities at any of his/her establishments.

2. Permit his/her employees to peorm their services at any location, under his/her control, where segregated facilities are maintained.

The federally-assisted contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification the term segregated facilities means any waiting room, work areas restrooms and washrooms, restaurants and other eating areas time clocks locker rooms and other storage or dressing areas parking lots, drinking untains recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed color or national origin because of habit local custom or otherwise.

The federally-assisted contractor agrees that (except where he/she has obtained identical certifications from proposed subcontractors for specific time periods) he/she will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he/she will retain such certifications in his/her files.

NOTE: The penalty for making false statements in oﬀers is prescribed in 18 U.S.C. 1001.

I / Date: Project Number: _T_B_D _______ _I
Company: --------------------------
Address: /3 ~ • ? By: U
Title: G
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H U D PACKET ATTACHMENT F O R M S
PAGE 7

CERTIFICATION

WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR

SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND

THE FILING OF REQUIRED REPORTS
Theidder, □proposed sub-contractor, ereby certifies tat e/se □as, as not, participated in a previous contract or subcontract subject to te Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and tat e/s as, as not, filed wit te Joint Reporting Committee, te Director of te Ofﬁce of Federal Contract Compliance, a Federal Government contracting or administering agency, or te former President's Committee on Equal Employment Opportunity, all reports due under te applicable filing requirements.

Date: /v( i Project Number: __TB_D _ __ Contract Award: $ TBD------- Awarding Agency: Gt A s L
Contractor Name:

Aﬀiliate Company:

Total Number of Employees J
G l1 p
By:

Title:

NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5 (Generally only contracts or subcontracts of $10,000 or under are exempt).

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S.

Department of Labor.

SF-100(EEO-1) must be filed by:
(A) All private employers who are:
(1)
(2)
Subject to Title VII of the Civil Rights Act of 1964 (as amended) with 100 or more employees.

Subject to Title VII who has fewer than 100 employees, if the company is owned or affiliated with another company, or there is centralized ownership, control or management so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees. (B) All federal contractors (private employers), who:
(1)
(2)
Are not exempt as provided for by 41 CFR 60-1.5
Have 50 or more employees, and
a. Are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or
b. Serve as a depository of Government funds in any amount, or c. Is a financial institution, which is an issuing, and paying agent for U.S. Savings Bonds and Notes.

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H U D PACKET ATTACHMENT F O R M S
PAGE 8

CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (3) The undersigned shall require that the language of this certiﬁcation be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certiﬁcation is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,00 O and not more than $100,000 for each such failure.

The undersigned states, to the best of his or her knowledge and belief, that:

If any funds have been paid or will be paid to any person for influencing or attempting to influence an ofﬁcer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subjec t to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
* CONTRACTOR/SUBCONTRACTOR
I EG I
* PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
I l •First Name:I
Middle Name:

II I, 1/Prefix: lk
I
Sufﬁx:

II I• Last Name:
I Icu• Title:

II I• SIGNATURE: I / • DATE: (:
City of San Bernardino, RFQual F-24-6001, Development Management Services October 17, 2024: Page | 62

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H U D PACKET ATTACHMENT F O R M S
PAGE 9

WORKER'S COMPENSATION CERTIFICATION
I certify, by signature below, that I am 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 I will comply with such provisions before commencing the performance of the work of this contract.

Project Number: __ TB_D _______
Project Name: J - 0 -S ________
1

= I ✓

Company Name: _G G=-oS- = -------------------
Address: / 3 U S ,
Print Name: _G_o_/ --- __,_________ ________
1 Title:
Signature:
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H U D PACKET ATTACHMENT F O R M S
PAGE 1 0

DECLARATION OF INTENT TO COMPLY WITH
SECTION 3 REQUIREMENTS
As a minimum requirement for consideration of a contract award, the Bidder/Proposer shall declare his/her intent to comply with Section 3 (24 CFR 75) of the Housing and Urban Development Act of 1968, as amended (Section 3). The Bidder/Proposer is obliged, to the greatest extent feasible, to give opportunities for training and employment to low-income and very low-income persons residing in the service area or neighborhood in which the covered Section 3 project/service is located, and/or to award subcontracts to other Section 3 business concerns that provide economic opportunities for Section 3 workers and Targeted Section 3 workers.

Bidder/Proposer agrees that, as a condition of responsiveness to the solicitation and prior to recommendation for contract award by the Local Contracting Agency (LCA),he/she will agree to comply with the Section 3 requirements by including the Section 3 contract language in the contract, to the greatest extent feasible, to meet the Section 3 benchmarks and report all accomplishments with required documentation on a quarterly basis for the duration of the contract.

The Section 3 benchmarks apply to all Section 3 covered contracts as follows:
• Public housing financial assistance benchmarks:
o Section 3 workers: 25% or more for the total number of labor hours worked by all workers employed, and
o Targeted Section 3 workers: 5% or more of the total number of labor hours worked by all workers employed of which is included as part of the 25% threshold in the previous bullet.

Community development financial assistance benchmarks:• o Section 3 workers: 25% or more for the total number of labor hours worked by all workers employed on a Section 3 project, and
o Targeted Section 3 workers: 5% or more of the total number of labor hours worked by all workers employed on a Section 3 project of which is included as part of the 25% threshold in the previous bullet.

Failure of the Bidder/Proposer to agree to comply with the Section 3 requirements and reporting obligations shall be grounds for determining the Bidder/Proposer non- responsive, and no further consideration for contract award shall be granted.

I declare under penalty ofperju under the laws of the State ofCaliia that we agree to comply with the Section 3 requirements as stated above. JO/ V S
,LName of Contractor/Subcontractor Address
Print Na e Title
wSigna
Declaration of Intent to Comply with Section 3 Requirements Rev. 9.1.21 City of San Bernardino, RFQual F-24-6001, Development Management Services October 17, 2024: Page | 64

Packet Pg. 417

H U D PACKET ATTACHMENT F O R M S
PAGE 1 1
SECTION 3 BUSINESS CONCERN CERTIFICATION
Business Name:

Address:

City/State/Zip Code: , vA 5GL

Telephone Number: 5 I t v Email Address: Gr, · d
1 This business is a Section 3 business concern based on one of the following categories, as documented:
□ A. Business is 51 % or more owned by low- or very low-income persons, (Attach a Section 3 Worker Certification(s) for each owner to this certiﬁcation.) □ B. Over 75 percent (75%) of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers, Provide the following information for the prior three-month period:
•
•
•
Indicate total number of labor hours performed by Section 3 workers: __Hours Indicate total number of labor hours performed by all workers:

Calculate the percentage of labor hours by Section 3 workers:
__Hours
___%
(Attach the Section 3 Worker Certifications and Section 3 Labor Hours Reports.) □ C. %Business is 51 or more owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing. (Attach proof of public housing or Section 8-assisted housing residence.) D. The above-mentioned business firm is not a Section 3 business concern, but commits to the Section 3 goal:

Submit Notice of Section 3 Commitment Form
(NOTE: FAILURE OF THE BUSINESS TO PROVIDE THE REQUIRED DOCUMENTATION AS NOTED ABOVE SHALL BE GROUNDS FOR THE LCA TO DETERMINE THE BUSINESS A NON-SECTION 3 BUSINESS CONCERN.)
I declare under penalty ofperju under the laws of the State of Caliia that the ination stated above is true and coect.
/01 !/7Signat Title Da

TO BE COMPLETED BY LOCAL CONTRACTING AGENCY
STAFFThis business meets the following category:
□ 51% owned by low- or very low-income persons,
□ 75% of labor hours performed by Section 3 workers, or □ 51% currently owned and controlled by public housing or Section 8-assisted housing residents. □ None of the ave
Approved by: Print Name ,__________ Signature:___________ Date:___ _( ) Section 3 Business Concern Certiﬁcation Rev. 9.1.21
City of San Bernardino, RFQual F-24-6001, Development Management Services October 17, 2024: Page | 65

Packet Pg. 418

H U D PACKET ATTACHMENT F O R M S
PAGE 1 2
NOTICE OF SECTION 3 COMMITMENT
TO:
(Name of Labor Union, Workers Representative, etc.
(Address)
______ _Name of Business (Contractor): -? · _D G_____________ Project Name: l3 /✓ reject Number: __T_B_D _____ _ The Undersigned currently holds a contract with __________________ TBDinvolving Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development or a subcontract with a prime contractor holding such contract.

You are advised that under the provisions of the above contract or subcontract and in accordance withSection 3 of the Housing and Urban Development Act of 1968, the undersigned is obligated to the greatest extent feasible, to give opportunities for employment and training to lower income residence of the CDBG-assisted project area and to award contracts for work on the project to business concerns which are located in or are owned in substantial part by project area residence.

Regarding employment opportunities forSection 3, the minimum number and job titles are:

Number Job Classification
TBD
Regarding job referrals, request that consideration be given, to the greatest extent feasible, to assignment of persons residing in the service area or neighborhood in which the project is located.

The anticipated date the work will begin is______ For additional information, you mayApprox Dec. 2024 contact -e,s-on· ,-m-e----- at_ _______------T.-e ____
P
This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Section 3 of the Housing and Urban Development Act of 1968.Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. I 1t , (-S t1 -f (Print Name)
By: _f / ' <
Gr· I (Date) (Title)
City of San Bernardino, RFQual F-24-6001, Development Management Services October 17, 2024: Page | 66

Packet Pg. 419

H U D PACKET ATTACHMENT F O R M S
PAGE 1 3
Not available at time of RFQual
SECTION 3 INCOME
CERTIFICATIONPrinted on: Eﬀective Date:

INSTRUCTIONS: A Section 3 worker seeking certification shall self-certify and submit this form to the recipient contractor or subcontractor, that the person is a Section 3 worker or Targeted Section 3 Worker as defined in 24 CFR Part 75. This is a written statement from the beneficiary documenting the definition used to determine "Annual (Gross) Income". To complete this statement, fill in the blank fields below, then sign this statement to certify that the information is complete and accurate, and that source documentation will be provided upon request.

BASIC INFORMATION:

Last Name: First Name:

Address:

ENTER/SELECT THE APPROPRIATE INFORMATION TO CONFIRM YOUR WORKER STATUS.

1. Are you a resident of public housing or a housing choice Voucher Holder (Section 8)?

2. Are you a Youth Build participant?
□ YES
□ YES
□ YES
□ NO
□ NO
□ NO3. Do youlive within onemile of the Project?
DEFINITION OF INCOME:

HUD 24 CFR Part 5
Low-incomeperson means individuals whose incomes do not exceed 80 percent of the median income for the area.

Very low-income person means individuals whose incomes do not exceed SO percent ofthe median family income for the area.

To verify Income Limits by Area: https://www.huduser.gov/portadatasets/i1.html#2021 *Please note that HUD updates income limits annually
In the field below, select the amount of individual(employee only) income you believe you earn on an annual basis. □ Less than $20,000 □ □ $55,001 - $60,000$35,001 - $40,000 $40,001 - $45,000
$45,001 -$50,000
$50,001 -$55,000
□ $20,001 - $25,000
□ $25,001 - $30,000
□ $30,001 - $35,000
□ □ $60,001 - $65,000
$65,001 - $70,000
□
More than$70,000
□ □
□
INCOME INFORMATION:

Annual gross income (Individual/ One Person) = $ ___________ IDENTIFY COUNTY:

D Los Angeles County D Orange County D Riverside County D San Bernardino County 1 City of San Bernardino, RFQual F-24-6001, Development Management Services October 17, 2024: Page | 67

Packet Pg. 420

H U D PACKET ATTACHMENT F O R M S
PAGE 1 4
Not available at time of RFQual

CERTIFICATIO

N THIS SECTION MUST BE COMPLETED BY THE AUTHORIZED BUSINESS OWNER/AGENT The above-named personis: An applicant D A permanent full-time D A new hire/employee D I certify that this person's annual gross income is/will be:

This person's work Classification is: Date of hire:

Business Name Printed Name ofOwner /Agent Signature ofOwner/Agent Date 'EMPLOYERS MUST RETAIN THIS FORM IN THEIR SECTION 3 COMPLIANCE FILE FOR FIVE YEARS.

I certify that this information is complete and accurate. I agree to provide, upon request, documentation on all income sourcesto the HUD Grantee/Program Administrator.

Printed Full Name Signature Date:

WARNING: The information provided on this form is subject to verification by HUD at any time, and Title 18, Section 1001 of the U.S. Code states that a person is guilty of a felony and assistance can be terminated for knowingly and willingly making a false or fraudulent statement to a department of the United States Government.

THIS SECTION MUST BE COMPLETED BY LABOR COMPLIANCE
AGENCY
The above individual is (Check the applicable statement below):D A Section 3 worker who currently fits or when hired within the past five years fit at least one of the following categories, as documented:
1) The worker's income for the previous or annualized calendar year is below the income limit established by HUD.
2) The workeris employed by a Section 3 business concern. 3) The worker is a YouthBuild participant.

D A rgetedSection 3 worker who currently fits at least one of the following categories, as documented:
1) A worker employed by a Section 3 business concern; or 2) A worker who currently fits or when hired fit at least one of the followingcategories, as documented within the past five years:
a. Living within the service area or the neighborhood of the project. b. A YouthBuild participant.

D Not a Section 3 worker or Targeted Section 3 worker.

Initial:
2 City of San Bernardino, RFQual F-24-6001, Development Management Services October 17, 2024: Page | 68

Packet Pg. 421

H U D PACKET ATTACHMENT F O R M S
PAGE 1 5
Not available at time of RFQual

QUALITATIVE EFFORTS FOR

CONTRACTORS
□ Engaged in outreach efforts to generate job applicants who ae Targeted Section 3 workers.

Date of Outreach
E
Address of Outreach o
□
□
□
Provided training or apprenticeship opportunities.

Date of Traiaiog Add, of Tra<aiog
I I
Provided technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).

Date of Technical Assistance Address of Technical Assistance Provided or connected Section 3 workers with assistance in seeking employment including: drafting resumes, preparing interviews, and finding job opportunities connecting residents to job placement services.

Date of Workers Assistance Address of Workers Assistance □ Held one or more job fais.

Date of Job Fair Address of Job Fair
I I
□ Provided or referred Section 3 workes to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, tansportation, childcare).

City of San Bernardino, RFQual F-24-6001, Development Management Services October 17, 2024: Page | 69

Packet Pg. 422

H U D PACKET ATTACHMENT F O R M S
PAGE 1 6
Not available at time of RFQual
Date of Referral Type of Seice Provided or Referred
□
Provided assistance to apply for/or attend community college, a four-year educational institution, or vocational/technical training.

Date of Assistance Type of Educational Assistance Pded □
□
□
Assisted Section 3 workers to obtain financial literacy training and/or coaching.

Date of Assistance Type of Training/Coaching Provided
Engaged in outreach eﬀorts to identify and secure bids from Section 3 business concerns.

Date of Outreach Description of Outreach
Provided technical assistance to help Section 3 business concernsunderstand and bid on contracts.

Date of Technical Assistance Name of Business Concern
□
Divided contracts into smaller jobs to facilitate participation by Section 3 business coNnacmeernosf.Business Concern
I
□
Provided bonding assistance, guaranties, or other effos to support viable bids from Section 3 business concerns.

Name of Business Concern Description of Assistance
City of San Bernardino, RFQual F-24-6001, Development Management Services October 17, 2024: Page | 70

Packet Pg. 423

H U D PACKET ATTACHMENT F O R M S
PAGE 1 7
Not available at time of RFQual
□
Promoted use of business registries designed to create opportunities for disadvantaged and small businesses.

Date of Activity Name of Business Registry
□
Outreach, engagement, or referrals with the state one-stop system as defined in Section 121(e)(2) of the Workforce Innovation and Opportunity Act 17.

Date of Activity Description of Activity
□ ---------------------------Other:

Date of Activity Description of Activity

I Date:Contractor/Subcontractor Name Signature
City of San Bernardino, RFQual F-24-6001, Development Management Services October 17, 2024: Page | 71

Packet Pg. 424

RFQUAL E X H I B I T D F O R M S
ATTACHMENT 2
City of San Bernardino, RFQual F-24-6001, Development Management Services October 17, 2024: Page | 72

Packet Pg. 425

RFQUAL E X H I B I T D F O R M S
ATTACHMENT 3
N/A - No Exemption, Not on List
City of San Bernardino, RFQual F-24-6001, Development Management Services October 17, 2024: Page | 73

Packet Pg. 426

RFQUAL E X H I B I T D F O R M S
ATTACHMENT 4
ATTACHMENT 4
NON-COLLUSION DECLARON

TO BE EXECUTED BY MODULAR COMPANY AND SUBMITTED WITH PROPOS AL The undersigned declares:

I am the _C_______ of £ , the pay making the foregoing proposal.

The proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The proposal is genuine and not collusive or sham. The respondent has not directly or indirectly induced or solicited any other respondent to put in a false o sham proposal. The respondent has not directly or indirectly colluded, conspired, connived, or agreed with any respondent or anyone else to put in a sham proposal, or to refrain from responding. The respondent has not in any manner, diectly or indirectly, sought by ageement, communication, or conference with anyone to fix the proposal price of the respondent or any other espondent, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other respondent. All statements contained in the proposal are true. The respondent has not, directly or indirectly, submitted his or he proposal price or any beakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partneship, company association, organization, proposal depository, o to any member or agent thereof to eﬀectuate a collusive or sham proposal and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a espondent that is a cooation, partnership, joint venture, limited liability company, limited liability partneship, o any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the respondent.

I declare under penalty of perju under the laws of the State of California that the foregoing is true and correct and that this declaation is executed on /01 / ; [date],' 7at [city], [state].kh Signed:
Print Name &l ) uv ,

Page 46 of 72 ends

City of San Bernardino, RFQual F-24-6001, Development Management Services October 17, 2024: Page | 74

Packet Pg. 427

RFQUAL E X H I B I T D F O R M S
ATTACHMENT 5
ATTACHMENT 5
PUBLIC WORKS CONTRAC TOR REGISTRION CERTIFIC ATION
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://wdir.cagov/Public- Works/PublicWorkshtml 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.

Bidder 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.

Name of Bidder:

DIR Registration Number: CREDE is in the process of applying for DIR Registration. However,the DIR is undergoing system maintenance and has issued a 1) NOTIFICATION PAUSING eCPR ENFORCEMENT - 1771.4(a)(3); and 2) System Maintenance Notice. For more information, please see https://www.dir.ca.gov/Public-Works/PublicWorks.html.Bidder further acknowledges:
(1) Bidder shall maintain a current DIR registration for the duration of the project. (2) Bidder 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.

Name of Bidder___t_2_G_6E-______________
Signature )
Name and Title
1
•
Dated ////6

Page 47 of 72 ends

City of San Bernardino, RFQual F-24-6001, Development Management Services October 17, 2024: Page | 75

Packet Pg. 428

18301 Von Karman Ave
Suite 510
Irvine, CA 92612
(949) 542-4400
credegroup.com

Packet Pg. 429

Navigation Center Construction
Background
Development
Ø Project Components
Ø Development Timeline
Contract Awards
Ø Mandeville Modular
Ø CREDE Construction Advisory
Project Funding
Next Steps
ARPA Reallocation
Recommendation

Packet Pg. 430

Background
Navigation Center
• Interim Housing
• Hybrid Congregate/Non-Congregate
• Design Capacity:
o 180 Congregate Beds
o 20 Non-Congregate Beds with in-unit bathrooms
• Wrap Around Services
o Case Management
o Recuperative Care
• Steel Frame Modular Construction

Packet Pg. 431

City Manager’s Office
ERNA Enterprises
(Consultant)
Development Services
Modular
Manufacturer
City Permitting
Departments
General Contractor
Project Components
Modular Manufacturer - Mandeville
• Designs the layout for the site and modular units.
• Provides construction documents to prepare site.
• Manufactures and delivers the modular units.

Development Services - CREDE
• Manages the development and construction.
• Manages labor standards and compliance.
• Provides project inspections and quality control.

General Contractor – To Be Determined
• Performs on-site construction to prepare the site.
(Grading, foundation, utility infrastructure, etc.)
• Installs the modular units.

Packet Pg. 432

Development Services - CREDE
• Manages the development and construction.
• Manages labor standards and compliance.
• Provides project inspections and quality control.

General Contractor – To Be Determined
• Performs on-site construction to prepare the site.
(Grading, foundation, utility infrastructure, etc.)
• Installs the modular units.

Packet Pg. 433

Pre-Development
Planning
Design & Construction
Documents
General
Contractor Bids
On-Site Construction
(Grading, Foundation, Utility Infrastructure, Paving, Landscaping, Etc.) Modular Unit Fabrication
Procurement of Long-Lead
Items & State Review
Delivery, Installation, and Building Fit Out
Final
Insp.

Review &
Award
Permitting Process
JanDec Feb AprMar May JulJun Aug OctSep
Development Timeline
Pre-Development Planning (4-6 weeks)
• Confirm design requirements of the project.
• Complete site survey and analysis.
• Establish master schedule & phasing plan.

Design & Construction Docs (6-7 weeks)
• Preliminary Plans (schematics & concepts)
• Design Documents (site plan, floor plan, elevations)
• Final Working Drawings (Structural, utilities, etc.)
• Construction Documents (for General Contractor)
• Final design plans anticipated Mid February.

Preliminary Tentative Timeline

Packet Pg. 434

Review &
Award
Permitting Process
JanDec Feb AprMar May JulJun Aug OctSep
JanDec Feb AprMar May JulJun Aug OctSep Nov
Development Timeline
Pre-Development Planning (4-6 weeks)
• Confirm design requirements of the project.
• Complete site survey and analysis.
• Establish master schedule & phasing plan.

Packet Pg. 435

JanDec Feb AprMar May JulJun Aug OctSep
JanDec Feb AprMar May JulJun Aug OctSep Nov
Pre-Development
Planning
Design & Construction
Documents
General
Contractor Bids
On-Site Construction
(Grading, Foundation, Utility Infrastructure, Paving, Landscaping, Etc.) Modular Unit Fabrication
Procurement of Long-Lead
Items & State Review
Delivery, Installation, and Building Fit Out
Final
Insp.

Review &
Award
Permitting Process
Development Timeline
Permitting Process (6 weeks)
• Submit construction documents for plan check.
• CREDE to assist with securing permits.

General Contractor Bids & Award (6-8 weeks)
• 30-day request for bids anticipated in February.
• Contract award anticipated in April.

Long-Lead Items & State Review (6 weeks)
• Modular plans to be approved by State.
• Begin ordering electrical systems and other items.
• Will likely overlap with Modular Manufacturing.

Packet Pg. 436

Review &
Award
Permitting Process
JanDec Feb AprMar May JulJun Aug OctSep
JanDec Feb AprMar May JulJun Aug OctSep Nov
Development Timeline
Modular Unit Fabrication (8-10 weeks)
• Manufacture modular units.
o Steel Framing Fabrication
o Frame Assembly
o Insulation & Panels Installation
o Interior Finishing
• Developer to conduct quality inspections.
• City staff to perform site-visits.
• Finished modules are stored at assembly facility
until site is ready for delivery.

Packet Pg. 437

Review &
Award
Permitting Process
JanDec Feb AprMar May JulJun Aug OctSep
JanDec Feb AprMar May JulJun Aug OctSep Nov
Development Timeline
On-Site Construction (24+ weeks)
• Initial site preparation work to be completed first
(grading, foundation, utility infrastructure work).
o Note: Demo of existing buildings to be completed
during first quarter of 2025.
• Paving, landscaping, lighting, etc. to be completed
concurrently with the delivery, installation, and
finishing of the modular units.

Packet Pg. 438

Review &
Award
Permitting Process
JanDec Feb AprMar May JulJun Aug OctSep
JanDec Feb AprMar May JulJun Aug OctSep Nov
Development Timeline
Delivery, Installation, & Fit Out (16 weeks)
• Delivery to occur when site is ready for the
modular units to be placed on their foundations.
• Join modular units and seal together.
• Complete utility hookups.
• Install IT equipment, kitchen equipment, etc.
• Conduct final quality control inspections.
• Create a “punch list” of remaining issues.

Final Inspections (1-2 weeks)
• Ensures compliance with all building codes.
• Issue Certificate of Occupancy.

Packet Pg. 439

Review &
Award
Permitting Process
JanDec Feb AprMar May JulJun Aug OctSep Nov
JanDec Feb AprMar May JulJun Aug OctSep Nov
Development Timeline
Delivery, Installation, & Fit Out (16 weeks)
• Delivery to occur when site is ready for the
modular units to be placed on their foundations.
• Join modular units and seal together.
• Complete utility hookups.
• Install IT equipment, kitchen equipment, etc.
• Conduct final quality control inspections.
• Create a “punch list” of remaining issues.

Final Inspections (1-2 weeks)
• Ensures compliance with all building codes.
• Issue Certificate of Occupancy.

Packet Pg. 440

Review &
Award
Permitting Process
JanDec Feb AprMar May JulJun Aug OctSep
Delivery, Installation, & Fit Out (16 weeks)
• Delivery to occur when site is ready for the
modular units to be placed on their foundations.
• Join modular units and seal together.
• Complete utility hookups.
• Install IT equipment, kitchen equipment, etc.
• Conduct final quality control inspections.
• Create a “punch list” of remaining issues.

Final Inspections (1-2 weeks)
• Final Inspections.
• Issue Certificate of Occupancy.

Preliminary Tentative Timeline
Delivery, Installation, & Fit Out (16 weeks)
• Delivery to occur when site is ready for the
modular units to be placed on their foundations.
• Join modular units and seal together.
• Complete utility hookups.
• Install IT equipment, kitchen equipment, etc.
• Conduct final quality control inspections.
• Create a “punch list” of remaining issues.

Final Inspections (1-2 weeks)
• Ensures compliance with all building codes.
• Issue Certificate of Occupancy.

Development Timeline
Background & Experience
• Located in Palmdale, CA.
• Specializes in steel-frame modular construction.
o Has previously competed six transitional housing
projects and four navigation centers.
o Includes Hope of the Valley Bridge Housing.
• Subcontracts with Tavares & Associates.
o Modular Architecture & Engineering Firm
o Projects range from Permanent Supportive Housing
to Luxury Apartments.

Packet Pg. 441

Pre-Development
Planning
Design & Construction
Documents
General
Contractor Bids
On-Site Construction
(Grading, Foundation, Utility Infrastructure, Paving, Landscaping, Etc.) Modular Unit FabricationProcurement of Long-Lead
Items & State Review
Delivery, Installation, and Building Fit Out
Final
Insp.

Review &
Award
Permitting Process
JanDec Feb AprMar May JulJun Aug OctSep
Preliminary Tentative Timeline
Mandeville Modular
Background & Experience
• Located in Palmdale, CA.
• Specializes in steel-frame modular construction.
o Has previously competed six transitional housing
projects and four navigation centers.
o Includes Hope of the Valley Bridge Housing.
• Subcontracts with Tavares & Associates.
o Modular Architecture & Engineering Firm
o Projects range from Permanent Supportive Housing
to Luxury Apartments.

Packet Pg. 442

Mandeville Modular
Contract Terms
• Total Cost: $10,093,027
• 12 Months
• Includes 15% Contingency
o Allows the City to explore additional design options
including future vertical expansion and additional
recuperative care units.

Roles & Responsibilities
• Design the Project (site plan and facility layout).
• Create the Construction Documents.
• Manufacture the Modular Units.
• Deliver the Modular Units.

Description Total Cost
Architecture, Structural, Civil, MEP $               685,045 CASP Design and Review $                 48,500
Volumetric Modular Units $            7,938,000
Project Management $               105,000
Total Cost $     8,776,545

15% Contingency $ 1,316,482
Total Cost w/ Contingency $ 10,093,027
Cost Proposal

Packet Pg. 443

Manufacturing Process
Step 1: Steel Framing Fabrication
• Frames are tailored to modular dimensions.
• Allows for easy assembly and seamless integration
with other modules.
• Steel framed construction guarantees overall
structural strength and integrity.

Step 2: Frame Assembly
• Assembled into a complete module skeleton.
• Ensures alignment of walls, floors, and ceilings.

Packet Pg. 444

Manufacturing Process
Step 3: Insulation & Panels Installation
• High-performance insulation and interior/exterior
wall panels are installed.
• Ensures thermal efficiency and soundproofing.

Step 4: Interior Finishing
• Modules outfitted with interior elements:
o Flooring
o Cabinetry
o Electrical wiring
o Plumbing systems
o Etc.

Packet Pg. 445

Manufacturing Process
Step 5: Module Transportation
• Completed modules are loaded onto transport
vehicles and safely delivered to construction site.

Step 6: On-Site Assembly and Stacking
• Modules are craned into position and stacked to
form the final building.
• Connections are secured and sealed to ensure
structural integrity.

Packet Pg. 446

Concept Renders

Packet Pg. 447

Design References

Packet Pg. 448

Design References

Packet Pg. 449

Preliminary Mass Study

CONCEPT

Packet Pg. 450

CREDE Construction Advisory
Background & Experience
• Located in Irvine, CA.
• Specializes in Development & Project Management.
o Projects range from mixed-use residential, master
planned communities, public facilities, commercial
centers, etc.
o Provided project management for the construction
of the San Bernardino Justice Center
• Subcontracts with Opportunity Marketing Group.
o Specializes in regulatory compliance for projects that use federal funds.
o Currently the official labor compliance consultant
and enforcement officer for the City of Anaheim.

Packet Pg. 451

CREDE Construction Advisory
Contract Terms
• Total Cost: $1,091,148
• 12 Months
• No contingency is required
o Typically not included for Development
Management Services.

Roles & Responsibilities
• Project scheduling & coordination.
• On-site supervision and quality control/inspections.
• Budget monitoring and schedule monitoring.
• Labor standards and regulatory compliance.
• Final audit reporting.

Description Total Cost
Planning / Pre-Construction Phase $ 272,787 Construction Phase $ 818,361
Total Cost $ 1,091,148
Cost Proposal
Flat monthly fee of $90,929 per month for 12 months.
(10 staff and a funding compliance specialist)

Packet Pg. 452

Project Funding
Modular Manufacturer
• Proposal: Mandeville Modular
• Cost: $10,093,027
• Funds: ARPA
Development Manager
• Proposal: CREDE Construction Advisory
• Cost: $1,091,148
• Funds: ARPA
General Contractor
• Proposal: To be awarded in April 2025.
• Cost: TBD; estimated between $5 - $8 million. • Funds: CDBG, HOME-ARP, HHAP-3, Donations.

ARPA Allocation Overview
Funding
Sources: ARPA
Allocation: $16,950,000
Previous
Expenditures: ($160,610)
Funding
Available: $16,789,390
Current Agreements
Mandeville
Modular: $10,093,027
CREDE
Advisory: $1,091,148
General
Contractor: Will Not Use ARPA
Amount
Obligated: $11,184,175
Total
Amount
Remaining: $5,605,215

Packet Pg. 453

Project Funding
Modular Manufacturer
• Proposal: Mandeville Modular
• Cost: $10,093,027
• Funds: ARPA
Development Manager
• Proposal: CREDE Construction Advisory
• Cost: $1,091,148
• Funds: ARPA
General Contractor
• Proposal: To be received in March 2025.
• Cost: TBD; estimated between $5 - $8 million. • Funds: CDBG, HOME-ARP, HHAP-3, Donations.

Funding
Sources: ARPA
Allocation: $16,950,000
Previous
Expenditures: ($160,610)
Funding
Available: $16,789,390
Current Agreements
Mandeville
Modular: $10,093,027
CREDE
Advisory: $1,091,148
General
Contractor: Will Not Use ARPA
Amount
Obligated: $11,184,175
Total
Amount
Remaining: $5,605,215
CDBG Donations HHAP-3 HOME-ARP
$1,901,365 $1,570,000 $808,385 $4,299,671
$1,901,365 $1,570,000 $808,385 $4,299,671
---- ---- ---- ----
---- ---- ---- ----

TBD TBD TBD TBD

TBD TBD TBD TBD
$1,901,365 $1,570,000 $808,385 $4,299,671$8,579,421
Overview Of All Funding Sources For Construction

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Project Funding
Modular Manufacturer
• Proposal: Mandeville Modular
• Cost: $10,093,027
• Funds: ARPA
Development Manager
• Proposal: CREDE Construction Advisory
• Cost: $1,091,148
• Funds: ARPA
General Contractor
• Proposal: To be received in March 2025.
• Cost: TBD; estimated between $5 - $8 million. • Funds: CDBG, HOME-ARP, HHAP-3, Donations.

Funding
Sources: Amount
ARPA: $16,950,000
CDBG: $1,901,365
Donations: $1,570,000
HHAP-3: $808,385
HOME-ARP: $4,299,671
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan
Obligation And Expenditure Deadlines
Obligation: 12/31/2024
Timeliness: 4/31/2025

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Project Funding
Modular Manufacturer
• Proposal: Mandeville Modular
• Cost: $10,093,027
• Funds: ARPA
Development Manager
• Proposal: CREDE Construction Advisory
• Cost: $1,091,148
• Funds: ARPA
General Contractor
• Proposal: To be received in March 2025.
• Cost: TBD; estimated between $5 - $8 million. • Funds: CDBG, HOME-ARP, HHAP-3, Donations.

Funding
Sources: Amount
ARPA: $16,950,000
CDBG: $1,901,365
Donations: $1,570,000
HHAP-3: $808,385
HOME-ARP: $4,299,671

J F M A M J J A S O N D J

F M A M J J A S O N D J
June
2030
Obligation And Expenditure Deadlines
Obligation: 12/31/2024
Timeliness: 4/31/2025 Timeliness: 4/31/2025
Expenditure: 12/31/2026
Expenditure: 6/30/2025

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Next Steps
Future Navigation Center Items
• Workshop on Operations & Recuperative Care
• Presentation on Final Design
• Contract Awards for:
o General Contractor
o Lead Operator
o Recuperative Care Provider
• Project Completion and Grand Opening

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Next Steps
Transitional Housing
• Part of a longer-term strategy on transitioning
residents into permanent, affordable housing.
• Necessary component in providing an effective
strategy to address the City’s homeless population.
• Provides an “exit strategy” for residents in the
Navigation Center.
• Ideal location would be near the Navigation Center
to capitalize on the wrap-around services.

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Next Steps
Palm Field Park
• 13.78 Acres
• Appraised at $2,650,000
• Currently owned by the Water Department
• Zoned for Public Park and Public Facilities
• Next to the SB HOPE Campus Site
• Potential Location for Transitional Housing

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ARPA Reallocation
Option 1
• $2,955,215 towards Street Segment Repairs.
• $2,650,000 towards the purchase of Palm Field.
o No impact to the General Fund.
o Restricts the use of the property for 20 years.
o Prevents alternative uses if unsuccessful.

Option 2
• $5,605,215 towards Street Segment Repairs.
• Future purchase of Palm Field with General Fund.
o No restricted uses are placed on the property.
o Agreement for street segments repairs is ready now.
o Future appraisal value of property is unknown.

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

1. Approve an Agreement for Design Services and the Purchase and Delivery of Goods with Mandeville Modular in the amount of $10,093,027; and

2. Approve a Professional Services Agreement with CREDE Construction Advisory in the amount of $1,091,148 for Development Management Services for the Navigation Center; and

6. Provide staff direction on how to reallocate the $5.6 million in surplus ARPA funds from the Navigation Center.
*
*Recommendations 3-5 pertain to authorizing staff to establish purchase orders and execute the agreements.

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DISCUSSION
City of San Bernardino
Request for Council Action
Date: December 4, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager
Gabriel Elliott, Director of Community Development and Housing Department: Community Development and Housing
Subject: Reallocation of ARPA Funding to Service Contract for New Homeless Outreach Provider
Recommendation:

Receive an update on the City’s need to expand homeless outreach services and provide input to staff on the reallocation of remaining American Rescue Plan Act (ARPA) funds from the current contract to support continued homeless outreach services.

Executive Summary
On November 25, 2025, Hope the Mission submitted formal notice of their intent to terminate their Professional Services Agreement with the City of San Bernardino, with their final day of service being December 22, 2024. In order to prevent disruptions or gaps to vital homeless outreach services, it is requested that Council approves a homeless outreach contract with the next top-rated proposal under the same Request for Proposal (RFP) for the existing services. To ensure continuity, staff recommends awarding a new agreement to The Salvation Army, a local, experienced organization that specializes in providing services to the targeted population, and was the second- ranked proposer from the original homeless outreach procurement process. If direction given, staff will bring back a report to reallocate the remaining ARPA funds to a contract with the Salvation Army, which has demonstrated readiness to swiftly assume responsibility, collaborating with City staff to seamlessly transition operations and maintain essential services.

Background
The City of San Bernardino continues to grapple with a severe homelessness crisis, housing 36% of San Bernardino County’s homeless population, as reported in the 2024 Point-in-Time Count (PITC). Recognizing the urgent need for targeted outreach, the City Council allocated $1.5 million in American Rescue Plan Act (ARPA) funds in 2023

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to enhance homeless outreach efforts. Hope the Mission was awarded the initial contract to provide these services, focusing on engaging at-risk populations, including participants in the City’s motel voucher program and individuals identified as homeless under HUD guidelines.

Discussion
Modified Homeless Outreach Agreement
Staff recommends transitioning homeless outreach services to The Salvation Army, which was the second-ranked proposer from the City’s original homeless outreach procurement process. The City would like to partner with the Salvation Army due to their extensive experience, capacity, and readiness to assume responsibilities immediately.

Reallocation of Remaining ARPA Funds
Hope the Mission’s (HTM) existing homeless outreach contract has a remaining $680,000 in ARPA funds. Staff recommends that the remaining ARPA funds be rolled into a new homeless outreach contract with the Salvation Army. The Term of the Agreement would be from the time of award, anticipated to be December 18, 2024 through December 31, 2026. Additional ARPA funds may be allocated from the surplus ARPA funds from the Navigation Center project.

2021-2025 Strategic Targets and Goals
The request to approve the Subrecipient Agreements with Salvation Army aligns with Strategic Target No. 3: Improved Quality of Life by reducing the burden of homelessness through enjoyment, collaboration, and partnership with other entities.

Fiscal Impact
There is no fiscal impact associated with this informational report.

Conclusion
Receive an update on the City’s need to expand homeless outreach services and provide input to staff on the reallocation of remaining American Rescue Plan Act (ARPA) funds from the current contract to support continued homeless outreach services.

Attachments

1. Attachment – ARPA Funding Table
Ward:

All Wards
Synopsis of Previous Council Actions:

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August 4, 2021 Mayor and City Council received a report and discussed the allocation of ARPA funds.

December 7, 2022 Mayor and City Council approved the use of ARPA funds in the amount of $1.5million to create a city-wide Homeless Outreach Team.

February 1, 2023 Mayor and City Council approved a Homelessness State of Emergency Declaration.

May 17, 2023 Mayor and City Council approved the Professional Services Agreement with Hope the Mission for Outreach Services.

June 26, 2023 Mayor and City Council approved Amendment #1 to the Professional Services Agreement with Hope the Mission.

May 1, 2024 Mayor and City Council approved Amendment #2 to the Professional Services Agreement with Hope the Mission to extend the agreement term by one year until May 31, 2025.

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MASTER ARPA FUNDING TABLE
Current AllocationChange In AllocationNew Allocation
Small Business 3,126,300.00$ -$ 3,126,300.00$ Entrepreneur Resource Center 1,873,700.00$ -$ 1,873,700.00$ Façade Improvements 1,000,000.00$ -$ 1,000,000.00$ Seccombe Park 9,000,000.00$ 3,792,332.00$ 12,792,332.00$ Nicholson Park 8,850,000.00$ (1,769,398.00)$ 7,080,602.00$ Roosevelt Bowl 600,000.00$ -$ 600,000.00$ Lytle Creek 600,000.00$ -$ 600,000.00$ Guadalupe Fields 2,063,851.00$ (1,200,000.00)$ 863,851.00$ Encanto Community Center 655,887.00$ (655,887.00)$ -$ Graffiti Abatement 1,000,000.00$ -$ 1,000,000.00$ Violence Intervention Program 1,000,000.00$ -$ 1,000,000.00$ Street Improvements 1,080,158.00$ (1,080,158.00)$ -$ Water Infrastructure 5,160,000.00$ (2,160,000.00)$ 3,000,000.00$ Lutheran Social Services 5,000,000.00$ -$ 5,000,000.00$ Motel Voucher 973,500.00$ -$ 973,500.00$ Navigation Center Construction 12,450,000.00$ 4,500,000.00$ 16,950,000.00$ Navigation Center Operations 4,500,000.00$ (4,500,000.00)$ -$ Homeless Outreach Team 1,500,000.00$ -$ 1,500,000.00$ Mobile Showers & Laundry 150,000.00$ -$ 150,000.00$ Temporary ASU Housing 76,500.00$ -$ 76,500.00$ Emergency Nuisance & Abatement 500,000.00$ -$ 500,000.00$ ERP System 10,000,000.00$ -$ 10,000,000.00$ Hero Pay 5,145,000.00$ -$ 5,145,000.00$ Current AllocationChange In AllocationNew Allocation
Police Real Time Information Center -$ 2,497,500.00$ 2,497,500.00$ Economic Dev Software Program -$ 129,948.00$ 129,948.00$ Library Animaker Space -$ 1,797,174.00$ 1,797,174.00$ (Previously Unallocated ARPA)
Parks
City Services
Infrastructure
Homeless Services
IT Infrastructure
Salaries
New Projects/Programs
77,656,407.00$
New Programs
1,351,511.00$
Existing Projects/Programs
TOTAL 76,304,896.00$
Econ Dev

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Agreements with Horizon Construction Company
International, Inc., and Hardy and Harper, Inc. for Asphalt Maintenance and Street Segment Repair Services (All Wards) Recommendation:

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

1. Adopt Resolution No. 2024-236 authorizing the reallocation of $5,605,215 in American Rescue Plan Act (ARPA) funds from the Navigation Center project to the ARPA Asphalt Maintenance and Street Segment Repair Services Program; and

2. Authorize the City Manager to execute separate Maintenance Services Agreements with Horizon Construction Company International, Inc. and Hardy and Harper, Inc., respectively, for asphalt maintenance and street segment repair services; and

3. Authorize the Director of Finance and Management Services to issue a purchase order in the amount of $2,927,608 to Horizon Construction Company International, Inc., and issue an additional purchase order in the amount of $2,927,607 to Hardy and Harper, Inc. for a combined total of $5,855,215.

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Executive Summary
Two purchase orders totaling the amount of $5,855,215 are requested for the Asphalt Maintenance Street Maintenance Repair Program of which $5,605,215 is funded by ARPA funds reallocated from the Navigation Center Project. An additional $250,000 was previously reallocated from the ARPA Violence Intervention Program in Resolution No. 2024-212. The total amount will be split among the two lowest-bidding vendors in two separate purchase orders to expedite asphalt repairs and maintenance services. These services are critically needed for city-wide asphalt street repairs/small street rehabilitation and will significantly reduce the number of potholes and street deterioration currently found in our streets. It will also reduce the City’s exposure to litigation from pothole claims and other related damages.

Background
The Operations and Maintenance Division (O&M) is responsible for the maintenance, repair and clean-up of City-owned infrastructure and rights of way. In collaboration with the Engineering Division of Public Works, it is also responsible for ensuring the City’s streets, street medians, islands, curbs and related infrastructure are properly maintained, inspected, repaired, and painted/marked as needed. General maintenance and minor repair of asphalt streets (such as pothole filling or small segment repairs) are largely performed through in-house staff. Larger repairs (including full street rehabilitation and slurry seals) are managed by the Engineering Division. To help fund these repairs, the Mayor and City Council reallocated $250,000 in ARPA funds from the Violence Intervention Program to the Street Segments Repair Program on October 2, 2024.

Discussion
The City of San Bernardino has nearly 1,300 lane miles (574 center lane miles) of streets requiring routine inspection, maintenance, and repair. Routine repairs performed by O&M division staff generally involve traditional pothole patching, hot patch segment repairs and minor street shoulder repairs. Larger repairs and full street rehabilitation are managed by the City Engineer using contractual forces and are typically part of the City’s Capital Improvement Program (CIP). Small to medium- sized repairs of asphalt street segments, however, have been identified as an area requiring additional resources and contractual support.

Small to medium-sized repairs are typically defined as repairs which go beyond traditional pothole patching and may require hot patch asphalt segment repairs beyond 10 feet by 10 feet in size. These repairs may also include repairs to sections of asphalt streets that are deteriorated (alligatored) to the point that traditional pothole patching has no effect. Deterioration of street segments is often referred to as “alligatored” because of the unique appearance of the asphalt surface that resembles the pattern of an alligator’s skin. It is important to note that these repairs are not meant to provide a permanent solution, but, rather, provide a longer-term solution while a street is awaiting full rehabilitation.

As a result of an increase in small to medium-sized repairs throughout the City, the

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O&M Division began looking for alternatives designed to properly address such repairs in a more efficient manner. They found that such repairs are best performed by contractors who can provide a variety of asphalt repair services a la carte rather than taking on larger projects (such as full street rehabilitations) which may take years to complete. Similar in concept to contractual sidewalk repairs (which are beyond the scope of in-house staff), staff determined this was a feasible alternative that will provide a timelier response to alligatored and/or deteriorated street segments while the street awaits a full replacement (See Attachment 5—Fact Sheet). In some cases, a small street in a neighborhood block may be repaired with these services along with deteriorated intersections in high-traffic volume locations.

To ensure our City conducts timely and first-rate repair of deteriorated street segments and intersections, staff is requesting a total of $5,855,215 in ARPA funding for this program. This action will provide necessary and immediate repairs to street segments and small streets city-wide and will also significantly reduce completion times while ensuring motorists have safer streets and roads. The ARPA funding comes from the following reallocations:

ARPA REALLOCATION HISTORY FOR STREET SEGMENT REPAIR

PREVIOUS PROGRAM AMOUNT NOTES
Navigation Center $5,605,215
Option 2 from Navigation
Center Presentation
(December 4, 2024)
Violence Intervention Program $250,000 Reallocated by Council (October 2, 2024)
Total $5,855,215
The Operations and Maintenance Division worked with the Finance Department, and, in October of 2024, a formal bid process was initiated to solicit quotes for asphalt maintenance and repair services in Request for Quotes No. F-24-4025. Notices were posted on the City’s website. This bid specified that ARPA funding would be utilized to fund these services and that federal requirements would need to be met. The results of the bid yielded three vendors which were reviewed by Procurement for compliance with mandatory requirements. This selection was based on lowest quote.

It is also important to note that the cost results below reflect a sampling of the most typically required services and does not reflect the overall cost of this maintenance services agreement. The results of the bids were as follows:

BIDDER CITY COST
Horizons Construction Company
International, Inc
Orange, CA $742,917
Hardy and Harper, Inc Lake Perris, CA $1,885,800
GM Sager Construction Co., Inc Pomona, CA $2,945,236

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In an effort to expedite the amount of asphalt work to be accomplished city-wide, staff opted to select the two lowest-bidding vendors. This is a similar approach often advocated by Council for maintenance or repair services that have a high-volume of work that is best accomplished by multiple contractors. Recently, the Street Light Maintenance Services and Repair contract was split among two reputable vendors and has proven to substantially expedite repairs versus having only one contractor performing the tasks. The amount of the maintenance services agreements will be set at a one-time annual cost of $2,927,608 (Horizons Construction Company International, Inc.) and $2,927,607, (Hardy and Harper, Inc.), respectfully, with four option years to be exercised at the City’s discretion and set at $1,500,000 annually.

Staff is confident both vendors are qualified to provide the services required under their maintenance services agreements. The term of the proposed agreements shall be from Dec 4, 2024, to Dec 31, 2026, with four option years to be exercised at the City’s discretion at the expiration of the first term.

Criteria and Selection (For Repairs)
The City strives to be equitable and fair in setting work priorities and repair tasks for its infrastructure. Asphalt maintenance and street segment repair services are generally prioritized based on urgency or the presence of immediate hazards.

However, other considerations are taken into account when scheduling repairs. For these services, all selected locations and streets must not be currently placed on a Capital Improvement Project (CIP) list or awaiting other rehabilitation by the Engineering Division of Public Works. This is the first (and mandatory) requirement before proceeding with selection of a street or segment for repair. Staff will ensure collaboration with the Engineering Division occurs in order to prevent duplication of repairs or work on small streets that are already part of a CIP program. Once confirmation occurs that a street is not on a CIP list, the following criteria is used for priority of repair as noted below:

Priority One Immediate hazardous conditions, such as significant deterioration of road surface, sub-grade exposure
Priority Two High volume of resident requests for repairs (CRMs) such as pothole repair requests, alligatored street, ruts
Priority Three High traffic volume intersections requiring repairs; especially those in intersection located in economic corridors
Priority Four Ward equity (ensuring equal number or close to equal number of repairs per ward)
Priority Five School crossings (if hazards are present, this will be elevated to priority one)
Priority Six Parks parking lots and access roads
2021-2025 Strategic Targets and Goals
This project is aligned with Goal No. 2: Focused, Aligned Leadership and Unified

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Community. It is also aligned with Key Target 2b: Evaluate operations and performance investment in resources, technology, and tools to continually improve organizational efficiency and effectiveness
Fiscal Impact
This agreement is funded using ARPA funds and will not impact the General Fund for its first year. An additional amount of $1,500,000 will need to be programmed annually to each purchase order for the additional four option years and will be requested during the City’s annual budget adoption process for approval by Council.

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

Attachments
Attachment 1 Resolution No. 2024-236 ARPA Asphalt Maintenance and Street Segment Repair Services Program
Attachment 2 Maintenance Service Agreement (Horizon)
Attachment 3 Maintenance Service Agreement (Hardy and Harper) Attachment 4 Bid Documents– RFQ F-2024- 4025 Asphalt Maintenance and Repair Final
Attachment 5 Fact Sheet on Types of Asphalt Surface Damage Attachment 6 Summary of Costs (Vendor Quotes)
Ward:

All Wards
Synopsis of Previous Council Actions:

July 18, 2023 Resolution No. 2023-2018 Maintenance Services Agreement,

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Horizon Construction Company International, Inc
October 2, 2024 Resolution No. 2024-212 Reallocating $250,000 for Street Segment Repairs

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Resolution No. 2024-236
Resolution 2024-236
December 4, 2024

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RESOLUTION NO. 2024-228

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES TO REALLOCATE $5,605,215

IN AMERICAN RESCUE PLAN ACT (ARPA) FUNDS FROM

THE NAVIGATION CENTER PROJECT TO THE ARPA

ASPHALT MAINTENANCE AND STREET SEGMENT

REPAIR SERVICES PROGRAM FOR A TOTAL ARPA
ALLOCATION OF $5,805,215 FOR ASPHALT

MAINTENANCE AND STREET SEGMENT REPAIRS
WHEREAS, In 2021, 2022, 2023, and 2024, the City of San Bernardino Mayor and City Council allocated American Rescue Plan Act (ARPA) funds to City of San Bernardino American Rescue Plan projects in accordance with federal guidelines; and WHEREAS, Staff have identified project surplus funds available for the Mayor and City Council to reallocate to new or existing ARPA projects prior to the December 31, 2024, obligation deadline; and
WHEREAS, staff recommends the Mayor and City Council approve the assignment of available ARPA funds (unallocated or reallocated) towards the Asphalt Street Segment and Maintenance Repair Services Program; and
WHEREAS, the City of San Bernardino values keeping City streets operating efficiently; and
WHEREAS, the City is supportive of all efforts to properly maintain, modernize and upgrade City infrastructure; and
WHEREAS, the City recognizes that keeping our streets maintained and operating properly will promote safer communities and encourage economic investment.

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

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

SECTION 2. The Mayor and City Council hereby authorize the assignment of $5,805,215 in American Rescue Plan Act (ARPA) funds.

SECTION 3. The Mayor and City Council authorize the Director of Finance and Management Services to reallocate $5,605,215 in ARPA funds from the Navigation Center Project

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Resolution No. 2024-236
Resolution 2024-236
December 4, 2024

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to the ARPA Asphalt Maintenance and Street Segment Repair Services Program for a total ARPA allocation of $5,805,215.

SECTION 4. The Mayor and City Council authorize the Director of Finance and Management Services to amend the budget by $5,805,215 of which $5,605,215 are ARPA funds from the Navigation Center Project. An additional $250,000 has been previously reallocated from the ARPA Violence Intervention Program for a total amount of $5,805,215 for the ARPA Asphalt Maintenance and Street Segment Repair Services Program.

SECTION 5.The Mayor and City Council find this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 6.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 7. 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 4thth day of December, 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. 2024-236
Resolution 2024-236
December 4, 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. 2024-236, adopted at a regular meeting held on the 4th day of December 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 4th day of December 2024.

Genoveva Rocha, CMC, City Clerk

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CITY OF SAN BERNARDINO

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 4th day of December 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 Horizons Construction Company International, Inc a Corporation with its principal place of business at 432 W. Meats Avenue, Orange, California 92865 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

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

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

2.2 Project.

City desires to engage Contractor to render such services for the asphalt maintenance and street segment repair services program (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from December 4, 2024, to December 31, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than four additional years. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

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3.2 Responsibilities of Contractor.

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

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

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

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

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

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

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

3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of $100 Dollars (ONE-HUNDRED DOLLARS) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.

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

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

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3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections.

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

3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub- subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section

3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

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

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

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California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

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

3.2.11 Insurance.

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subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

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

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

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

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

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

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

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

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

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

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

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

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

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equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.13 Bonds.

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

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

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

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

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created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.2.15 Work Site.

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

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

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

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

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to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “B” attached hereto and incorporated herein by reference. The total compensation shall not exceed $2,927,608 (TWO-MILLION, NINE-HUNDRED TWENTY-SEVEN THOUSAND, SIX-HUNDRED EIGHT DOLLARS AND NO CENTS) without written approval of City’s Director of Finance and Management Services. Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

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

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

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

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per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

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

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

3.4 Termination of Agreement.

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

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

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

3.5 General Provisions.

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

Contractor:

Kinan Kotraash
432 W. Meats Ave
Orange, CA 92865
City:

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

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

3.5.2 Indemnification.

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

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the City or the City’s agents, servants, or independent contractors who are directly responsible to the City.

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

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

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

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

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

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

3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors

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of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

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

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

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

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

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

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

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

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

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

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

3.5.19 Fleet Compliance.

3.5.19.1 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 “D” and incorporated herein by this reference.

3.5.19.2 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.

3.5.19.3 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.

3.6 Federal Provisions
Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:

3.6.1 Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”);

3.6.2 U.S. Department of the Treasury (“Treasury”) Final Rule for the Act;

3.6.3 Treasury Compliance and Reporting Guidance for the Act;

3.6.4 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury;

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3.6.6 Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and

3.7.7 Federal contract provisions attached hereto as Exhibit “C” and incorporated herein by reference.

Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control [SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND HORIZONS CONSTRUCTION COMPANY INTERNATIONAL, INC.

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

CITY OF SAN BERNARDINO
APPROVED BY:

Rochelle Clayton,
Acting City Manager
ATTESTED BY:

Genoveva Rocha,CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
Horizons Construction Company
International, Inc
By:

Its:

Printed Name:

By:

Its:

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

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EXHIBIT A

SCOPE OF SERVICES/SCHEDULE OF SERVICES

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EXHIBIT A

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EXHIBIT A

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EXHIBIT A

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EXHIBIT B

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EXHIBIT C

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FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit “C”.

1.REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience.
(b) Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement:
(i) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(ii) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(iii) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. (iv) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's

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commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(v) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.

The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:

Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement.

The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

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contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act:
(i) When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. Sections 3141-3148) as supplemented by Department of Labor regulations (29 C.F.R. Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). (ii) In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal contractor must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation.

The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal Contractor must report all suspected or reported violations to the Federal awarding agency.
(d) Appendix II to Part 200 (D) – Copeland “Anti-Kickback” Act:
(i)All prime construction contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. Section 874 and 40 U.S.C.

Section 3145), as supplemented by Department of Labor regulations (29 C.F.R. Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”).
(ii)The Copeland “Anti-Kickback” Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal contractor must report all suspected or reported violations to the Federal awarding agency.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

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(ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Consultant must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.. (g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act:
(i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate

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Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension:
(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement.
(i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price.

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(iii) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” (k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts.
(ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

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2.CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.
(b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. (c) Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.

3.COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS

LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS
(a) Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing.

Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project. (b) Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following:
(i) Universal Identifier and System for Award Management (SAM), 2 C.F.R.

Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.

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(ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R.

Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R.

Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.
(iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part

20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
(c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination.

Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following:
(i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.
(ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability.
(iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
(d) False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties,

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debarment from participating in federal awards or contracts, and/or any other remedy available by law.
(e) Protections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (ii) The list of persons and entities referenced in the paragraph above includes the following:
(1) A member of Congress or a representative of a committee of Congress;
(2) An Inspector General;
(3) The Government Accountability Office;
(4) A Treasury employee responsible for contract or grant oversight or management;
(5) An authorized official of the Department of Justice or other law enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following:
(i) Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds,

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of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.
(ii) Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project.
(iii) Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. (iv) Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided.
(v) Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s subcontractors, successors, transferees and assignees:

The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement).
(vi) Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property.

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(vii) Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii) Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI. (ix) Consultant must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state. (x) If Consultant makes sub-awards to other agencies or other entities, Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance.

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CITY OF SAN BERNARDINO

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 4th day of December 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 Hardy and Harper, Inc, a Corporation with its principal place of business at 32 Rancho Circle, Lake Forest, California 92630 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

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

2.2 Project.

City desires to engage Contractor to render such services for the asphalt maintenance and street segment repair services program (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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3.2 Responsibilities of Contractor.

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

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

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

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pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

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

3.2.11 Insurance.

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

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automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

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

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times

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

3.2.13 Bonds.

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

3.2.15 Work Site.

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portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “B” attached hereto and incorporated herein by reference. The total compensation shall not exceed $2,927,607 (TWO-MILLION, NINE-HUNDRED TWENTY-SEVEN THOUSAND, SIX- HUNDRED SEVEN DOLLARS AND NO CENTS) without written approval of City’s Director of Finance and Management Services. Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

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

3.4 Termination of Agreement.

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

3.5 General Provisions.

Contractor:

Michael Amundson
32 Rancho Circle
Lake Forest, CA 92630
City:

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

3.5.2 Indemnification.

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liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense which is caused by the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City.

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

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

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

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referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

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

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

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

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations,

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understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.19 Fleet Compliance.

3.6.1 Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”);

3.6.2 U.S. Department of the Treasury (“Treasury”) Final Rule for the Act;

3.6.3 Treasury Compliance and Reporting Guidance for the Act;

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inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury;

3.6.6 Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and

3.7.7 Federal contract provisions attached hereto as Exhibit “C” and incorporated herein by reference.

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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND HARDY AND HARPER, INC.

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

CITY OF SAN BERNARDINO
APPROVED BY:

Rochelle Clayton,
Acting City Manager
ATTESTED BY:

Genoveva Rocha,CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
Hardy and Harper, Inc
By:

Its:

Printed Name:

By:

Its:

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

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EXHIBIT A

SCOPE OF SERVICES/SCHEDULE OF SERVICES

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EXHIBIT A

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EXHIBIT A

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EXHIBIT A

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EXHIBIT B

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EXHIBIT C

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EXHIBIT C

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(v) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:

The City further agrees that it will refrain from entering into any contract o r contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the

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Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act:
(i) When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. Sections 3141-3148) as supplemented by Department of Labor regulations (29 C.F.R. Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). (ii) In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal contractor must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation.

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contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Consultant must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.. (g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act:
(i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.

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(h) Appendix II to Part 200 (H) – Debarment and Suspension:
(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement.
(i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price.

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EXHIBIT C

3.COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS

Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.

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(ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R.

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REQUEST FOR VENDOR QUOTES
FOR

CITY OF SAN BERNARDINO
FOR
RFQ F-24-4025

ASPHALT MAINTENANCE AND REPAIR

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

https://www.sbcity.org

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REQUEST FOR VENDOR PRICE QUOTES
PROJECT NO. RFQ F-24-4025

ASPHALT MAINTENANCE AND REPAIR
PUBLIC NOTICE IS HEREBY GIVEN that vendor price quotes (“Quotes”) will be received by the City of San Bernardino (“City”) electronically through the City’s online bid management provider (“PlanetBids”), before 3:00 pm, on November 7, 2024. Quotes may NOT be submitted by fax, email, telephone, mail, hand delivery, or other means; any Quotes received through any means other than PlanetBids will be returned to the Vendor unopened.

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

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

Public Works Prevailing Wage and Contractor Registration Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing at sections 1720 et seq. and 1770 et seq. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations (“DIR”). Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/. In addition, a copy of the prevailing rate of per diem wages will be made available at the City upon request. The successful Vendor shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Vendor to whom the Agreement is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Agreement, employment of apprentices, hours of labor and debarment of contractors and subcontractors.

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 DIR. No proposal will be accepted nor any contract entered into without proof of the Vendor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the Vendor and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the project. 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. The contract awarded pursuant to this request may also be subject to compliance monitoring and enforcement by the DIR.

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I. REQUEST FOR QUOTES
The City is requesting Quotes from qualified vendors1 (“Vendors”) for ASPHALT MAINTENANCE AND REPAIR services (“Project/Equipment”). To serve and promote the welfare of its residents, the City intends to procure the Project/Equipment, as described below.

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

B. Project Manager
The Project Manager for the City regarding this request will be Michelle Parra, Buyer, Purchasing Division, [email protected],
or a designated representative, who will
coordinate the assistance to be provided by the City to the Vendor.

C. Requests for Clarification
All questions, requests for interpretations , or clarifications, either administrative or technical must be requested in writing and will be answered in writing through PlanetBids. To ensure a response, questions must be received in writing no later than October 29, 2024, before 3:00 pm local time.

D. Meeting – N/A

E. Site Examination -N/A

F. Submittal Requirements of Vendor Price Quote
The Quote must be received before 3:00 pm local time, on or before November 7, 2024, through PlanetBids. It is solely the responsibili ty of Vendor to see that its Quote is properly submitted to PlanetBids in proper form and prior to the stated closing time. PlanetBids will not accept late Quotes. The City will only consider Quotes that have transmitted successfully and have been issued a confirmation number with a time stamp from PlanetBids indicating that the Quote was submitted successfully.

Vendors experiencing any technical difficulties with the Quote submission process may contact PlanetBids Support at 1-818-9921771. Neither the City nor PlanetBids make any guarantee as to the timely availability of assistance or assurance that any given problem will be resolved by the Quote submission date and/or time.

Vendors to provide a Quote for the scope of Project/Equipment as set forth in in the Vendor Quote Form attached hereto as Attachment “C ” and incorporated herein by this reference.. Vendors submitting a Quote agree to furnish services to the City in accordance with the Quote submitted, and to be bound by the terms and conditions of this Request for Vendor Price Quote. Ve ndor is certifying that it takes no exceptions to the request, including but not limited to, the Agreement.

1Use of the term “Vendor(s)” shall mean individual proprietorship, partnership, Limited Liability Company, corporation or joint venture.

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

H. General Conditions

1. General: It is solely the responsibility of the Vendor to see that its Quote is properly submitted to PlanetBids in proper form and prior to the stated closing time.

PlanetBids will not accept late Quotes.

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

3. No n -Responsive Quotes: A Quote may be considered non-responsive if conditional or incomplete.

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

5. P
rice Validity : Quotes provided by Proposers in response to this request are valid for __90__ days from the due date. The City intends to award the Agreement within this time but may request an extension from the Vendors to hold pricing, until negotiations are complete and the Agreement is awarded.

6. A vailability to Perform Work: Vendor must be available to begin Project/Equipment within __30____ working days of the contract being awarded and must complete all Project/Equipment wi thin _____30 per project _____ [***INSERT “working” or “calendar”***] days.

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

8. V
endor License: As applicable, Vendors shall be properly licensed for the services they provide. Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all Vendors must possess proper licenses for the performance of this Agreement in the following classification(s):

A-General Engineering
Contractor, C8-Concrete Contractor, C12- Earthwork and Paving Contractors.

Subcontractors must possess the appropriate licenses for specialty work. Pursuant to Secti on 7028.5 of the Business and Professions Code, the City shall consider any Quote submitted by a Vendor not currently licensed in accordance with state law to be nonresponsive. The City shall have the right to request, and proposers shall provide within five (5) calendar days, evidence satisfactory to the City of all valid license(s) currently held by Vendor and each of the Vendor’s subcontractors before awarding the Agreement

9. Additional Reservation
of Rights by City : The City reserves the right to
reject any and all Quotes. The City reserves the right to withdraw this Request for Vendor Quotes at any time without prior notice and the City makes no representations that a contract will be awarded to any Vendor responding to this Request for Vendor Quotes. The City reserves the right to postpone any deadlines required by this Request for Vendor Quotes, including, but not limited to the submittal date outlined in Section F of this Request for Vendor Quotes.

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[END OF SECTION]

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ATTACHMENT “A”

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

Asphalt Maintenance and Repair

General. The City of San Bernardino has approximately 534 center lane miles, approximately 45 parking lots at City parks and City owned facilities, and nearly 120 alleys with asphalt pavement. The City is responsible for repairing, maintaining, and replacing (as needed) asphalt pavement at all these locations through a combined effort between the Engineering and Operations and Maintenance (O&M) Divisions of Public Works. The O&M Division performs minor maintenance and temporary repairs of many asphalt streets and parking lots while the Engineering Division manages larger projects.

This project addresses minor to medium -sized asphalt repairs on City streets, parking lots, alleys, and other related infrastructure and is administered through the O&M division. It seeks the services of an experienced, fully licensed contractor for Asphalt Maintenance Repair Services with experience in municipal settings.

Terms. For purposes of this scope of services and any related documents, the following terms are defined:
• Contract Administrator. The Contract Administrator is defined as the City representative responsible for administering the contract and ensuring the vendor services agreement is appropriately followed. This designation is assigned to the Operations and Maintenance Division Manager of Public Works. The Streets Supervisor is assigned as the alternate for this project.

• Vendor. This refers to the asphalt maintenance and repair maintenance contractor and any of his or her assigned representatives.

Materials. All asphalt materials shall meet the standard requirement of Section 400 of the Green Book standard specification for Public Works Construction, latest edition.

Materials shall also be free of any residues caused by the artificial distillation of coal, coal tar, or paraffin. The material shall also be free of water and must be of the same kind/texture for the entire job. All types must be of PG6410 grade. Contractor must have the ability to supply the following:

Asphalt Material
• Type 3/4”
• Type ½”
• Type 3/8”
• Type extra fine

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• Asphalt emulsion SS 1h

Reporting and Notification. The vendor will be required to notify the Contract Administrator 24 hours prior to any scheduled work. Before and after pictures of work are required and will be sent to the contract administrator after completion of each job or work task.

Hours of Operation. All work will be performed Monday to Saturday within the hours of 7 a.m. to 9 p.m. unless otherwise exempted by the Contract Administrator.

Customer Service and After-Hours Notification. The vendor is required to have a dedicated after-hours notification line monitored and answered by an employee who can dispatch crews should an after-hour emergency or urgent issue occur.

Special Projects. The Contract Administrator will determine when areas of maintenance may require significant upgrades that are not within the normal scope of the maintenance services agreement. In such cases, a quote will be requested for the desired work performed and work may begin once approved and a purchase order is issued.

Requests from The Public. The vendor is prohibited from taking direct requests from any residents, City staff (not affiliated with the Operations and Maintenance Division), or any other organizations. The vendor will make every effort to politely inform the requesting individual to contact the Contract Administrator or San Bernardino’s Help Line. Any instance of work performed as a result of a direct request outside of the Contract Administrator will be cause for termination of the vendor services agreement.

Licenses The Vendor shall confirm that it has all licenses (A , Class C-8, and Class C- 12), permits, certifications, qualifications, and approvals of whatever nature that are legally required to provide asphalt paving/repair services, including a City business license, and that such license and approvals shall be maintained throughout the term of this Contract.

Safety Requirements. Vendor’s employees shall wear appropriate personal protection equipment as required.

Traffic Control. Traffic control is the responsibility of the vendor to implement; however, the contract administrator may assist as needed for larger lane or road closures which may require an official traffic control plan.

Contractor Compliance/Other Info. If the Contract Administrator determines that there are deficiencies in the performance of this project, he or she will provide a written notice to the contractor stating the deficiencies and specifying a time frame to correct the specified deficiencies. This time frame shall be at least a 30 -day notice or as determined by the Contract Administrator to correct the specified deficiencies.

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Should the contractor fail to correct any deficiencies within the stated time frame, the Contract Administrator may exercise the following measures:
a. Deduct from the contractor’s payment the amount necessary to correct the deficiency, including City overhead costs and impose a deficiency deduction.

b. Withhold the entire or partial payment.

c. Terminate the contract.

Technical Specifications

Technical. The vendor shall provide manpower, tools, equipment, and materials to perform minor to medium-sized asphalt repair or construction services. The v endor shall possess a valid Class C12 Earthwork and Paving contractor license from the State of California at the time of this quote and for the duration of this contract. The vendor’s staff will have the applicable training, certifications, and skills necessary to perform the services required as requested in this request for quotes.

Services Required

Asphalt Overlay (Machine Method). The v endor shall place a 1” thick overlay of PG70-10 ½” over an existing asphalt-leveling course or a PG70 10 3/4” patch. Lap edges tee cut twelve inches. The areas normally range in size from 10 to 100 square feet, but some requests may be larger. A tack coat is required. Please note: If an existing patch or temporary material is too high, the vendor will scrape down and/or saw cut and remove the existing patch prior to overlay. Saw -cutting is absorbed with the cost provided for this task and is not billed separately.

Slurry Seal Single Coat. Slurry seal single coat shall be Guard top as manufactured by Industrial Asphalt or of any equal kind. It shall be applied with 15% water mix at 20 gallons per every 1,000 square foot area. The vendor will remove, clean, and scrape any accumulation of oil and foreign matter prior to the application of the slurry seal. The oil seal and crack filler to be applied shall conf orm to Section 37-1 of Caltrans Standard Specification, current edition. Oil and crack filler costs are incl uded in the price quoted for a slurry seal single coat by the vendor. Payment is based on square footage.

Slurry Seal Double Coat. Slurry seal double coat shall be Guard top as manufactured by Industrial Asphalt or of any equal kind. It shall be applied with 15% water mix at 30 gallons per every 1,000 square foot area. The vendor will remove, clean, and scrape any accumulation of oil and foreign matter prior to the application of the slurry seal. The oil seal and crack filler to be applied shall conf orm to Sections 37-1 and 37-2 of Caltrans Standard Specification, current editions. Oil and crack filler cos ts are included in the price quoted for a slurry seal single coat by the vendor. Payment is based on square footage.

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Asphalt Berm. Asphalt berm shall be placed per City standards unless otherwise exempted by the Contract Administrator. Some special berms may be requested for flood-prone areas and may require a height of up to 10”.

Rubberized Crack Sealing. Crack sealing work will include cleaning and sealing asphalt pavement cracks ¼” and greater in width. The crack filler shall be a mixture of paving asphalt and ground rubber or ground rubber and polymer that confirms to current Caltrans standards. The gradation of the ground rubber shall be such that 100% will pass a No. 8 sieve. All cracks shall be blown free of loose materials with a high- pressure nozzle (at least 90 psi or greater). All excess materials such as sand shall b e swept upon job completion.

Striping and Marking. The City will provide striping and marking services for completed jobs that may require it. Should striping be requested of the vendor, a separate quote will be requested.

Emergency Response. The vendor shall respond to emergencies within 2 hours of request by the Contract Administrator or his representative.

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ATTACHMENT “C”

VENDOR QUOTE FORM

VENDOR NAME:

ADDRESS:

PHONE:

ASPHALT MAINTENANCE AND REPAIR

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

Item No. Description Quantity Unit Cost Total Amount

TOTAL VENDOR QUOTE
Total Number of Additional Pages:

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

Submitted By: Title:
(Authorized Representative Signature)

Print Name:

Contractor’s License Number and Classification:

DIR Registration Number (if applicable): ____________________________

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ATTACHMENT “B”
[INSERT TYPE OF AGREEMENT ]

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

CITY OF SAN BERNARDINO

MAINTENANCE SERVICES AGREEMENT

1. P ARTIES AND DATE.

This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], 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 [***INSERT NAME***] , a [***[INSERT TYPE OF ENTITY -

CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY]***] with its principal place of business at [***INSERT ADDRESS***] (“ Contractor”).

City and Contractor are sometimes individually referred to as “ Party” and collectively as “Parties” in this Agreement.

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2. R ECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing [***INSERT TYPE OF SERVICES***] services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

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

3. T ERMS.

3.1 Scope of Services and Term.

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

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

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor . The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be

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under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers ’ compensation insurance.

Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor ’s conformance with the Schedule, City shall respond to Contractor ’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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

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

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

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

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

3.2.7 S tandard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any

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employee of the Contractor or its sub- contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re- employed to perform any of the Services or to work on the Project.

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

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

It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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3.2.10.1 Employment Eligibility; Contractor . By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employ ee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections.

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

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

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

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

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Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel -powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.7 Water Quality.
(A) Management and Compliance . To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Li
ability for Non- Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non- compliance with the laws, regulations and policies described in this Section, unless such non- compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(C) T
raining. In addition to any other standard of care
requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

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

3.2.11.1 T ime for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured

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

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

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers’ Compensation and Employer ’s Liability : Workers ’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; (4) Privacy/Network Security (Cyber), in a form and with insurance companies acceptable to City; and (5) Aviation and/or Drone Liability, in a form and with insurance companies acceptable to City. [***DELETE IF AVIATION LIABILITY IS NOT REQUIRED***]The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) M
inimum Limits of Insurance. Contractor shall maintain
limits no less than: (1) General Liability :[***INSERT AMOUNT - TYPICALLY $2 ,000,000 MINIMUM; and $4,000,0000 aggregate. HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:[***INSERT AMOUNT - TYPICALLY $1,000,000 MINIMUM; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of [***INSERT AMOUNT - TYPICALLY $1,000,000 MINIMUM; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] per accident for bodily injury or disease; (4) Cyber Liability: :[***INSERT AMOUNT - TYPICALLY $1,000,000 PER OCCURRENCE/AGGREGATE; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] for privacy breaches, system breaches, denial/loss of service, and introduction, implantation or spread of malicious software code; (5) Aviation/Drone Liability: [***INSERT AMOUNT - TYPICALLY $1,000,000 PER OCCURRENCE LIMIT; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM

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AMOUNT***] for bodily injury and property damage.[***DELETE IF AVIATION LIABILITY NOT REQUIRED***] Defense costs shall be paid in addition to the limits. (C) N otices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement.
(D) A
dditional Insured. The City of San Bernardino, its
directors, officials, officers, employees, agents, and volunteers shall be named as a dditional insureds on Contractor ’s and its subcontractors ’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A). (B) A
utomobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers,

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employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor ’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’ s Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) A
ll Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials , officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

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

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

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

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

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

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

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

3.2.13 B
onds .
[***NOTE (READ AND DELETE THIS BLOCK BEFORE USING
MODEL): Some maintenance projects of more than $25,000 will require payment bonds by law. See generally Civil Code Section 9550 or speak to the City’s Purchasing Team or City Attorney***]

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

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

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

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

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

3.2.15 W
ork Site.

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

3.2.16 Los
s and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of

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the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of re pairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non- conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

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

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

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

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

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

3.3.6 P
revailing 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 1600 0, et seq., ( “Prevailing Wage Laws ”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

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

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

3.4 Termination of Agreement.

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

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

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

3.5 General Provisions.

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

Contractor:

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

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

City of San Bernardino
Vanir Tower, 290 North D Street

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

3.5.2 Indemnification.

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

Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

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

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satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

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

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

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

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

Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

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

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

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

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

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Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City ’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

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

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

3.5.19 F leet Compliance .

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3.5.20 Federal Provisions .[***INCLUDE THIS SECTION ONLY IF APPLICABLE; DELETE OTHERWISE AND DELETE ASSOCIATED EXHIBIT. IF APPLICABLE, YOU MAY ALSO NEED TO INCLUDE SOME INFORMATION IN THE RFP.

CONSULT AGENCY COUNSEL IF NECESSARY***]When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the provisions included in Exhibit “E” attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]

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

CITY OF SAN BERNARDINO
APPROVED BY:

[***INSERT NAME***],
[***INSERT TITLE***]

ATTESTED BY:

[***INSERT NAME***],
City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

[***INSERT NAME OF
CONTRACTOR***]

[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER
REQUIRED]
By:

Its:

Printed Name:

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

Its:

Printed Name:

____________________________________
Contractor’s License Number

____________________________________
DIR Registration Number

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EXHIBIT A

SCOPE OF SERVICES
[***INSERT SCOPE***]

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EXHIBIT B

SCHEDULE OF SERVICES
[***INSERT SCHEDULE***]

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EXHIBIT C

COMPENSATION
[***INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES***] [***SEE SECTION 3.2.13 ABOVE AND IF APPLICABLE, INSERT
PERFORMANCE/PAYMENT BONDS ON THE NEXT PAGE; IF NOT REQUIRED, STATE THAT THEY ARE NOT REQUIRED***]

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EXHIBIT D

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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[***INCLUDE THIS EXHIBIT (AND CORRESPONDING AGREEMENT PROVISION) ONLY IF APPLICABLE; DELETE OTHERWISE. IF APPLICABLE, YOU MAY ALSO NEED TO INCLUDE SOME INFORMATION IN THE RFP. CONSULT THE CITY ATTORNEY IF NECESSARY***]

EXHIBIT E

FEDERAL REQUIREMENTS
[***INSERT ALL FORMS, PROVISIONS AND OTHER REQUIREMENTS OF THE FEDERAL FUNDING SOURCE***]

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SAMPLE

ARPA CONTRACT TERMS AND EXHIBIT
[***AGREEMENTS USING ARPA FUNDS MUST CONTAIN THE FOLLOWING LANGUAGE AND EXHIBIT***]
[***INSERT THE LANGUAGE BELOW AS THE LAST SECTION OF THE AGREEMENT***]

1.1 Federal Provisions.

Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:

1.1.1 Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”);

1.1.2 U.S. Department of the Treasury (“Treasury”) Final Rule for the Act;

1.1.3 Treasury Compliance and Reporting Guidance for the Act;

1.1.4 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury;

1.1.5 Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and

1.1.6 Davis-Bacon Act and Related Acts – as this Agreement involves construction work, including street rehabilitation, the Davis -Bacon Act and related labor standards shall apply, requiring that all laborers and mechanics employed by contractors or subcontractors on projects funded in whole or in part by federal funds are paid wages at rates not less than those prevailing on similar projects in the locality, as determined by the Secretary of Labor, in accordance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3148);

1.1.7 Federal contract provisions attached hereto as Exhibit “ X” and incorporated herein by reference.

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[***INSERT AS FINAL EXHIBIT OF AGREEMENT***]
EXHIBIT "X"

REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON -FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience.

Appendix II to Part 200 (C) – E qual Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60- 1.3, Consultant agrees as follows during the performance of this Agreement:

The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information.

The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said

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labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement.

The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with

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these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

Appendix II to Part 200 (D) – Davis-Bacon Act: Applicable to this Agreement since it involves construction work, including street rehabilitation, funded by ARPA.

All laborers and mechanics employed by contractors or subcontractors on federally funded projects must be paid wages at rates not less than those prevailing on similar projects in the locality, as determined by the Secretary of Labor, in accordance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3148).

The Consultant must ensure that all employees are paid the proper prevailing wage rates and fringe benefits as required by law.

The Consultant must submit weekly certified payrolls and maintain proper documentation in accordance with Davis-Bacon and Related Acts regulations.

Appendix II to Part 200 (D) – C opeland “Antti -Kickback” Act: The Copeland Act provisions are applicable to this Agreement.

The Consultant and subcontractors are prohibited from inducing employees to give up any part of their compensation under this Agreement, and must comply with anti-kickback provisions in accordance with 18 U.S.C. 874.

Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:

Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.

Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as

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may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.

Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section.

Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Consultant must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency..

Appendix II to Part 200 (G) – C
lean Air Act and Federal Water Pollution Control Act:

Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.

Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.

Appendix II to Part 200 (H) – Debarment and Suspension:

This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000.

As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing

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work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement.

Appendix II to Part 200 (I) – Byrd Anti -Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

Appendix II to Part 200 (J) – §200
.323 Procurement of Recovered Materials:

Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement.

In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired:
competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price.

Information about this requirement, along with the list of EPA -designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.

The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”
Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:

Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

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Telecommunications or video surveillance services provided by such entities or using such equipment.

Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

See Public Law 115-232, section 889 for additional information.

Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:

Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts.

For purposes of this section:
“Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321)
The Consultant shall be subject to 2 C.F.R. § 200.321 and will take all necessary affirmative steps to ensure that small businesses, minority-owned firms, women’s business enterprises, and labor surplus area firms are used when possible. These firms will not be discriminated against based on race, color, religious creed, sex, sexual orientation, gender identity, or national origin in consideration for an award.

Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.

Affirmative steps shall include:

Placing qualified small and minority businesses and women's business enterprises on solicitation lists. The Consultant must actively maintain and use solicitation lists that include qualified small and minority businesses and women’s business enterprises.

Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. The Consultant shall take affirmative steps to solicit bids from these businesses as potential sources for subcontracting opportunities under this Agreement.

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Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises . The Consultant shall divide larger projects into smaller, economically feasible tasks where possible, without compromising the quality or efficiency of the work.

Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises. The Consultant shall set work schedules that provide flexibility and encourage participation by these firms.

Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.The Consultant will leverage the resources of the SBA and MBDA to engage with minority -owned, women-owned, and labor surplus area businesses.

Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.

Requiring prime contractors, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (a) through (c) of this section. The Consultant shall ensure that any prime contractors involved also comply with these affirmative steps, as required by 2 C.F.R. § 200.321.

The Consultant shall submit evidence of compliance with the above affirmative steps when requested by the City.

COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL

RECOVERY FUND AWARD TERMS AND CONDITIONS
Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Consultant agrees to provide the City, Treasury Office of Inspector General, and the Government Accountability Office, or any of their authorized representatives, access to any books, documents, papers, and records (electronic and otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by the Consultant for a period of five (5) years after completion of the Project
Compliance with Federal Regulations. C
onsultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following:

Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.

Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.

OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier

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covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.

Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.

Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.

New Restrictions on Lobbying, 31 C.F.R. Part 21.

Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601- 4655) and implementing regulations.

Compliance with Federal Statutes and Regulations Prohibiting Discrimination. Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following:

Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.

The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability.

Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.

The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance.

Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.

False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.

Protections for Whistleblowers.

In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.

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The list of persons and entities referenced in the paragraph above includes the following:

A member of Congress or a representative of a committee of Congress; An Inspector General;
The Government Accountability Office;
A Treasury employee responsible for contract or grant oversight or management; An authorized official of the Department of Justice or other law enforcement agency; A court or grand jury; or
A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct.

Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on- the-job seat belt policies and programs for their employees when operating company -owned, rented or personally owned vehicles, and encourage its subcontractors to do the same
Reducing Text Messaging While Driving. P ursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers.

Assurances of Compliance with Civil Rights Requirements.

The Civil Rights Restoration Act of 1987
provides that the provisions of this assurance apply to the Project, including, but not limited to, the following:

Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.

Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project.

Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the

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Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov.

Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided.

Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s subcontractors, successors, transferees and assignees:

Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property.

Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on- site compliance reviews, and reporting requirements.

Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome.

Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI.

Consultant must provide documentation of an administrative agency’s or court’s findings of non- compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement.

If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state.

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If Consultant makes sub -awards to other agencies or other entities, Consultant is responsible for assuring that sub- recipients also comply with Title VI and all of the applicable authorities covered in this assurance.

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Attachment 5
Fact Sheet on the Types of Asphalt Surface Damage and Suggested Repairs Because of its durability, asphalt remains the most common type of road surfacing material used for streets, roads, and parking lots in the United States. Unfortunately, asphalt is not foolproof and will sustain damage over time. This damage is most represented in the form of potholes. Potholes, however, are not the only type of surface damage on asphalt streets and the suggested repairs will vary depending on the desired outcome and desired timespan.

The below table describes the type of asphalt surface damage and suggested methods of repair (whether temporary or longer term).

Type Description and Suggested Method of Repair
Asphalt Cracks Most common type of pavement damage. Vary in size but most are thin and may run deep into the surface of the asphalt pavement.

These are typically resolved with a process called crack-sealing. If left unrepaired, it may lead to large potholes or full street deterioration which would require street resurfacing.

Potholes The most commonly-reported asphalt damage by residents and motorists, potholes occur when cracks grow large enough to allow water to seep into the asphalt and break it apart. This results in large or small holes in the surface (sometimes, deep into the sublayers of the street). Potholes are generally repaired with asphalt mix (hot or cold) depending on size and depth. Pothole repairs are always temporary and will usually return if the pavement is not resurfaced. Rains will generally cause potholes to reappear (especially once the weather warms up).

Alligatoring Alligatoring is typically the result of the expansion or contraction of asphalt due to weather/temperature changes. As its names implies, the surface of the street will resemble the scales of an alligator. If left untreated, it can result in large segments of asphalt deterioration. Resurfacing or hot mix-segment repairs are effective options although completely rehabilitating the street section is best.

Ruts Ruts are best described as deep depressions (dips or mounds) in the middle of the pavement or near the edges. They are typically caused by heavy loads and/or excessive traffic volume. Most ruts are found near industrial areas where large trucks are common or at bus stop intersections. Ruts may be repaired with grinding and resurfacing treatments but are best resolved with a full rehabilitation of the street segment.

Raveling Raveling occurs when asphalt particles flake off the surface of the asphalt pavement. Once the top layer wears off and the underlying aggregate is exposed, decreased traction will become common and further deterioration of the surface will occur. Raveling may be repaired with a resurfacing treatment but it is important that it be caught early on. Hot mix segment repairs may be a good option.

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Images of Type of Asphalt Damages
Asphalt Cracks
Alligatoring
Traditional Pothole

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Ruts
Raveling

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DISCUSSION
City of San Bernardino
Request for Council Action
Date: December 4, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Ernesto Salinas, Interim Director of Parks and Recreation Department: Parks and Recreation, Operations and Forestry Subject: Issuance of a Purchase Order with Transwest Truck Center, LLC for Two Graffiti Abatement Trucks (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Authorize the purchase of two outfitted graffiti abatement trucks from Transwest Truck Center, LLC. in the amount of $403,401.74; and

2. Authorize the Director of Finance and Management Services to issue a purchase order not to exceed the amount of $403,401.74
Executive Summary
A purchase order in the amount of $403,401.74 is requested for the purchase of two outfitted graffiti abatement trucks and related equipment from Transwest Truck Center, LLC. of Fontana, CA. These trucks will significantly improve our graffiti abatement efforts and reduce completion times for resident requests.

Background
The Operations and Maintenance Division (O&M) is responsible for the maintenance, repair, beautification, and clean-up of City-owned infrastructure, properties, and rights of way. It is also responsible for ensuring the City is kept free of graffiti and blight on City- owned buildings, infrastructure, and private property buildings within view of public streets and roads. This also includes graffiti abatement at parks, curbs, sidewalks, and traffic signal intersections, to name a few. To further support these measures, the Mayor and City Council allocated $1,000,000 in ARPA funds towards the City’s Graffiti Abatement program on October 20, 2021.

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Discussion
The City of San Bernardino prides itself in keeping the City clean and free of graffiti.

In an effort to abate graffiti more efficiently, Staff researched the availability of modernized equipment and related components designed to provide an immediate availability of various paint colors and multiple spray guns on specially outfitted truck beds. These types of outfitted trucks will reduce the number of trips to the yard and/or our paint shop to retrieve supplies and will provide additional spray guns for immediate use. Modernizing equipment has been a desire of the City’s senior leadership and has been supported by Council. These trucks will fulfill that request.

In collaboration with Procurement, staff built technical specifications for two specially outfitted graffiti abatement trucks that are capable of carrying equipment, paint trays, pressure washing attachments, and paint spray guns. In October of 2024, a solicitation for quotes was posted on the City’s website via RFQ F-24-4024 and results were soon thereafter received. Within the solicitation request, it was noted that funding for these trucks would come from the American Rescue Plan Act. This solicitation was based on lowest bid. Only one vendor submitted a quote and met all the City’s purchasing requirements. The table below describes the cost per truck and overall total.

Table 1. Costs
Vendor Location Cost Per Unit
Transwest Truck Center,
LLC.

Fontana, CA $201,700.87
TOTAL (Qty. 2): $403,401.74
Staff is confident this vendor will provide the required trucks in a timely manner. Additionally, the quoted price is consistent with current market prices.

2021-2025 Strategic Targets and Goals
This project is aligned with Goal No. 2: Focused, Aligned Leadership and Unified Community. It is also aligned with Key Target 2b: Evaluate operations and performance investment in resources, technology, and tools to continually improve organizational efficiency and effectiveness
Fiscal Impact
There is no impact to the General Fund as ARPA funding will be used for the purchase of these graffiti abatement trucks.

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

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1. Authorize the purchase of two outfitted graffiti abatement trucks from Transwest Truck Center, LLC. in the amount of $403,401.74; and

2. Authorize the Director of Finance and Management Services to issue a purchase order not to exceed the amount of $403,401.74
Attachments
Attachment 1 Good Purchases Agreement (Transwest Truck Center) Attachment 2 Bid Documents– RFQ F-24-4024
Attachment 3 Vendor Quote
Ward
All Wards.

Synopsis of Previous Council Actions
October 20, 2021 Mayor and City Council allocated $1,000,000 in ARPA funds towards the City’s Graffiti Abatement program on October 20, 2021.

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7 CITY OF SAN BERNARDINO

GOODS PURCHASE AGREEMENT
This Goods Purchase Agreement (“Agreement”) is entered into this 4th day of December, 2024, by and between the City of San Bernardino, a charter city and municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”), and Transwest Truck Center, a Limited Liability Corporation, with its principal place of business at 10150 Cherry Ave, Fontana CA 92235 (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

Section 1. DEFINITIONS.

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

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

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

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

Section 3. INSPECTIONS AND TESTS.

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

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Section 4. WARRANTY.

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

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

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

1. Repair the defective Goods;

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

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

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

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

E. In the event of a breach by Supplier of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4, but will have all the rights

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7 and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code.

Section 5. PRICES.

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

Section 6. CHANGES.

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

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

Section 7. PAYMENTS.

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

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

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

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

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7 payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier’s expense.

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

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

2. Written acceptance of the Goods by City;

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

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

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

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

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

Section 8. SCHEDULE FOR DELIVERY.

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

The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of $10 dollars per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.” Delays due to national shortages of supplies or

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7 supply change issue will be considered when waiving delay fees by the contract administrator.

B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that City can maximize the efficient completion of such project(s).

Section 9. TAXES.

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

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

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

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

Section 10. INDEPENDENT CONTRACTOR.

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

Section 11. SUBCONTRACTS.

Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in Section 13.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound

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7 by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City.

Section 12. TITLE AND RISK OF LOSS.

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

Section 13. INDEMNIFICATION.

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

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

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

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7 Section 14. INSURANCE.

A. General. Supplier shall take out and maintain:

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

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

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

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

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

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

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

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

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

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

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

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

Section 15. LIENS.

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

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

Section 16. TERMINATION OF AGREEMENT BY CITY.

A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and

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7 appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered.

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

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

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

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

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

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

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

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

B. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes

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7 and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

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

Section 18. MISCELLANEOUS PROVISIONS.

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

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Ernesto Salinas, Interim Director,
Parks and Recreation, Ops and
Forestry
With Copy To:

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

Transwest Truck Center, LLC
10150 Cherry Ave, Fontana CA 92235
Attn: Micah Radnick or Representative
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for

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7 money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval.

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

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

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

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

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

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

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

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

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

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

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

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

N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings,

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7 agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing.

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

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7 SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND TRANSWEST TRUCK CENTER, LLC.

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

CITY OF SAN BERNARDINO
APPROVED BY:

Rochelle Clayton
Acting City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

TRANSWEST TRUCK CENTER, LLC
Signature
Name
Title

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7 Exhibit A
Goods Specifications

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7 Packet Pg. 620

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7 Packet Pg. 621

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7 Packet Pg. 622

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7 Exhibit B
Schedule of Delivery

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7 Exhibit C
Fee Schedule

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7 ARPA CONTRACT TERMS AND EXHIBIT

1.1 Federal Provisions.

1.1.1 Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”);

1.1.2 U.S. Department of the Treasury (“Treasury”) Final Rule for the Act;

1.1.3 Treasury Compliance and Reporting Guidance for the Act;

1.1.5 Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and

1.1.6 Federal contract provisions attached hereto as Exhibit “D” and incorporated herein by
reference.

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7 EXHIBIT "D"

Section 19. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
A. Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience.

B. Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement:

1. The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

3. The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information.

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7 4. The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

6. The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

7. In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

Mayor and City CouncilDecember 4, 2024

Mayor and City Council
December 4, 2024