Agenda packet — Mayor and City Council, May 7, 2025 (part 4 of 4)

May 7, 2025
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RESOLUTION NO. 2025-283

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE SUBMITTAL OF INDIVIDUAL

CALRECYCLE PAYMENT PROGRAM APPLICATIONS

AND RELATED AUTHORIZATIONS FOR ALL PAYMENT

PROGRAMS
WHEREAS, the California Public Resource Code authorizes the Department of Resources Recycling and Recovery (CalRecycle) to administer various Payment Programs; and WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the Payment Programs; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle Grants; and
WHEREAS, the City is a CalRecycle grant applicant, and must abide by the above requirements for the administration of the Payment Programs; THEREFORE, the City desires to pass this resolution to authorize the City Manager to submit CalRecycle payment program applications and any related authorizations for all payment programs offered,

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

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

SECTION 2. The City Manager, or their designee, is hereby authorized to submit an application to CalRecycle for any and all Payment Programs offered.

SECTION 3. The City Manager, or their designee, is hereby authorized as Signature Authority to execute all documents necessary to implement and secure payment under such programs.

SECTION 4. These authorizations are effective until rescinded by the Signature Authority or the governing body.

SECTION 6.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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Resolution No. 2025-283
Resolution No. 2025-282

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SECTION 7.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of May 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

Telicia Lopez, CMC, Acting City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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Resolution No. 2025-283
Resolution No. 2025-282

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-283, adopted at a regular meeting held on the 7 th day of May 2025 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2025.

Telicia Lopez, CMC, Acting City Clerk

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Consent Calendar
City of San Bernardino
Request for Council Action

Date: May 7, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Resolution Approving Final Tract Map No. 20051 (Ward 5)

Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2025-284 by the Mayor and City Council of the City of San Bernardino, California, approving Final Tract Map No. 20251 (Subdivision 17- 01) involving the subdivision of two (2) parcels (APN 0261-041-21 & 22) containing a total of approximately 2.8 acres into eight (8) single family residential lots ranging in size from 11,918 to 12,707 square feet and to allow the construction of eight (8) single-family residences (one & two-story), along with the construction of required on- site and off-site improvements, located at the northeast corner of Ohio Avenue and Chestnut Avenue; accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the subdivision improvements.

Executive Summary
The project consists of subdividing two (2) parcels containing a total of approximately

2.8 acres into eight (8) single family residential lots and to allow the construction of eight (8) single-family residences, along with the construction of required on-site and off-site improvements, located at the northeast corner of Ohio Avenue and Chestnut Avenue. The Subdivision 17-01 (Tentative Tract Map 20051) and Development Permit Type-D 17-04 were approved by the Planning Commission on July 11, 2017.

The final tract map has been reviewed by the City Engineer and determined to be in compliance with the Subdivision Map Act, the City’s ordinances regarding subdivisions, and all conditions of approval.

Background
On July 11, 2017, Planning Commission adopted Resolution No. 2017-043 approving Subdivision 17-01 (Tentative Tract Map 20051) and Development Permit Type-D 17- 04, allowing the subdivision of two (2) parcels (APN 0261-041-21 & 22) containing a

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total of approximately 2.8 acres into eight (8) single family residential lots ranging in size from 11,918 to 12,707 square feet and to allow the construction of eight (8) single-family residences (one & two-story), along with the construction of required on- site and off-site improvements, located at the northeast corner of Ohio Avenue and Chestnut Avenue; within the Residential Low (RL) zone.

On August 13, 2019, Planning Commission adopted Resolution No. 2019-050 approving Extension of Time 19-08 and allowing a one-year extension of time for Subdivision 17-01 (Tentative Tract Map 20251) and Development Permit Type-D 17-

04. Discussion
The proposed project consists of subdivision of two (2) parcels (APN 0261-041-21 & 22) containing a total of approximately 2.8 acres into eight (8) single family residential lots ranging in size from 11,918 to 12,707 square feet and to allow the construction of eight (8) single-family residences (one & two-story), along with the construction of required on-site and off-site improvements, located at the northeast corner of Ohio Avenue and Chestnut Avenue.

Pursuant to the requirements of Chapter 19.48 (Final and Parcel Maps) of the City of San Bernardino Development Code and the Subdivision Map Act, the applicant has submitted a Final Map for Mayor and City Council action and final acceptance. The City Engineer has reviewed the proposed Final Map for Tract No. 20376 and determined that the Final Map is in compliance with the Subdivision Map Act, the City’s ordinances regarding subdivisions, and all conditions of approval.

2021-2025 Strategic Targets and Goals
The adoption of a Resolution approving the Final Map for Tract No. 20051 aligns with Goal No. 1 Increased Operational & Financial Capacity. Specifically, the transformation of existing vacant underutilized properties into productive single-family residential lots for the purpose of developing single-family residential homes meets the City’s economic development goals.

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

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2025-284 by the Mayor and City Council of the City of San Bernardino, California, approving Final Tract Map No. 20251 (Subdivision 17- 01) involving the subdivision of two (2) parcels (APN 0261-041-21 & 22) containing a total of approximately 2.8 acres into eight (8) single family residential lots ranging in size from 11,918 to 12,707 square feet and to allow the construction of eight (8) single-family residences (one & two-story), along with the construction of required on-

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site and off-site improvements, located at the northeast corner of Ohio Avenue and Chestnut Avenue; accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the subdivision improvements.

Attachments
Attachment 1 Resolution No. 2025-284
Attachment 2 Final Map for Tract 20051
Attachment 3 Tract 20051 Improvement Agreement Attachment 4 Project Bonds
Attachment 5 Resolution 2017-043
Attachment 6 Resolution 2019-050

Ward:

Fifth Ward

Synopsis of Previous Council Actions:

July 11, 2017 Planning Commission adopted Resolution No. 2017- 043 approving Subdivision 17-01 (Tentative Tract Map 20051) and Development Permit Type-D 17-04.

August 13, 2019 Planning Commission adopted Resolution No. 2019-050 approving Extension of Time 19-08 for Subdivision 17-01 (Tentative Tract Map 20251).

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Resolution No. 2025-284
Resolution 2025-284
May 7, 2025

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RESOLUTION NO. 2025-284

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING FINAL MAP FOR TRACT NO. 20051
(SUBDIVISION 17-01 INVOLVING THE SUBDIVISION OF
TWO (2) PARCELS (APN 0261-041-21 & 22) CONTAINING A
TOTAL OF APPROXIMATELY 2.8 ACRES INTO EIGHT (8)

SINGLE FAMILY RESIDENTIAL LOTS RANGING IN SIZE
FROM 11,918 TO 12,707 SQUARE FEET AND TO ALLOW
THE CONSTRUCTION OF EIGHT (8) SINGLE-FAMILY

RESIDENCES (ONE & TWO-STORY), ALONG WITH THE

CONSTRUCTION OF REQUIRED ON-SITE AND OFF-SITE

IMPROVEMENTS, LOCATED AT THE NORTHEAST
CORNER OF OHIO AVENUE AND CHESTNUT AVENUE;

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

STANDARD FORM OF THE SUBDIVISION
IMPROVEMENTS.

WHEREAS, On July 11, 2017, Planning Commission adopted Resolution No. 2017- 043 approving Subdivision 17-01 (Tentative Tract Map 20251) and Development Permit Type-D 17-04, allowing the subdivision of two (2) parcels (APN 0261-041-21 & 22) containing a total of approximately 2.8 acres into eight (8) single family residential lots ranging in size from 11,918 to 12,707 square feet and to allow the construction of eight (8) single-family residences (one & two-story), along with the construction of required on-site and off-site improvements, located at the northeast corner of Ohio Avenue and Chestnut Avenue; within the Residential Low (RL) zone, and
WHEREAS, On August 13, 2019, Planning Commission adopted Resolution No. 2019- 050 approving Extension of Time 19-08 and allowing a one-year extension of time for Subdivision 17-01 (Tentative Tract Map 20251) and Development Permit Type-D 17-04, and WHEREAS, the City Engineer has reviewed the approved Tentative Tract Map 20051with conditions of approval, and has analyzed the Final Map for Tract No. 20051 in order to ensure consistency between the approved Tentative Tract Map 20051 with adopted conditions of approval and the final map requirements, and has determined that the Final Map for Tract No. 20051 has been found to be in substantial conformance with the approved Tentative Tract Map 20051, and WHEREAS, the Mayor and City Council find that proposed Tract Map 20051, located on the northeast corner of Ohio Avenue and Chestnut Avenue within the Residential Suburban (RL) zone together with the provisions of their design and improvement is consistent with the General Plan of the City of San Bernardino.

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Resolution No. 2025-284
Resolution 2025-284
May 7, 2025

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

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

SECTION 2. The City Manager of the City of San Bernardino is authorized to execute the standard form Subdivision Improvement Agreement with Country Oaks Properties, a California Limited Partnership, attached and incorporated herein as Attachment 3, for the improvements in said Tract Map as required by Title 19 of the San Bernardino Municipal Code and the California Subdivision Map Act. The time for performance is as specified in the Agreement. Said improvements are specifically described and shown on Drawings approved and on file in the office of the Public Works Department of the City of San Bernardino.

SECTION 3. CEQA. A Categorical Exemption was adopted with the approval of Subdivision 17-01 (Tentative Tract Map 20051) on July 11, 2017. No further changes to the environmental conditions of the subject site or the proposed subdivision have occurred. Therefore, the previous environmental determination adopted for Subdivision 17-01 (Tentative Tract map 20051) remains valid, pursuant to Section 15162 (c) (Subsequent Negative Declarations) of the California environmental Quality Act.

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

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

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of May, 2025.

Helen Tran, Mayor
City of San Bernardino

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Resolution No. 2025-284
Resolution 2025-284
May 7, 2025

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Attest:

Telicia Lopez, Acting City Clerk
Approved as to form:

Best Best & Krieger LLP, City Attorney

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Resolution No. 2025-284
Resolution 2025-284
May 7, 2025

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-284, adopted at a regular meeting held on the 7 th day of May 2025 by the following vote:

Telicia Lopez, Acting City Clerk

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 7, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Approval of Amendment No.1 to the Construction Agreement with HUR Flooring Corporation for the
Rudy Hernandez Community Center Gym Flooring
Replacement Project (Ward 1)
Recommendation:

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

1. Approve Amendment No. 1 to the Construction Agreement with HUR Flooring Corporation for Rudy Hernandez Community Center Gym Flooring Replacement (“Project”); and

2. Authorize the City Manager or his or her designee to execute all necessary documents with HUR Flooring Corporation.

Executive Summary:

HUR Flooring Co., the awarded Contractor for the Project, has recently undergone a name change and is now registered as HUR Flooring Corporation. To obtain the necessary bond for the Project, the Contractor’s surety requires an executed agreement with the City of San Bernardino that contains the updated entity name. In response, the City of San Bernardino has prepared Amendment No. 1, which revises the Contractor’s name from HUR Flooring Co. to HUR Flooring Corporation. This amendment will facilitate the Contractor’s ability to secure the required insurance bonds to proceed with the Project.

Background
Situated in a central location within San Bernardino, the Rudy Hernandez Community Center has various facilities and versatile spaces designed to accommodate a wide range of recreational, educational, and cultural activities. From multipurpose rooms and athletic facilities to computer labs and community gardens, the center offers a

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dynamic array of amenities that cater to the interests and preferences of community members of all ages and backgrounds.

On June 5, 2024, the Mayor and City Council approved the award of the Construction Agreement to HUR Flooring Co. for the replacement of the flooring in the Rudy Hernandez Community Center Gym. Rudy Hernandez Community Center serves as a vital hub for community engagement and recreation in the City of San Bernardino.

Discussion
Staff have prepared Amendment No. 1 to the Construction Agreement to update the Contractor's name from HUR Flooring Co. to HUR Flooring Corporation. This name change is a formal update, reflecting the company's shift from "Co." to "Corporation" as part of its organizational structure. It is important to note that this amendment does not affect the scope of work, contract terms, or previously approved budget amounts.

The sole purpose of this revision is to ensure that the Contractor's legal identity aligns with their official business records, which is required for the completion of the necessary documentation and formalities tied to the Project.

Approving this amendment will allow HUR Flooring Corporation to secure the necessary bonding and insurance required to move forward with the Project without delay. By ensuring that the Contractor's name is consistent with their registered corporate identity, the City can facilitate the continuation of work in compliance with all legal and contractual obligations. This update is essential to maintain the project's timeline and ensure that there are no disruptions to the work schedule. 2021-2025 Strategic Targets and Goals
Authorizing the execution of Amendment No. 1 to the Agreement aligns with Key Target No. 3: Improved Quality of Life. The Rudy Hernandez Community Center will improve its community appearance, cleanliness, and attractiveness to a safe and well- maintained community center.

Fiscal Impact
The previously approved project budget of $225,000 includes $177,952 from approved Proposition 68 grant funds and $47,048 from the Parks and Recreation Department’s approved budget.

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

1. Approve Amendment No. 1 to the Construction Agreement with HUR Flooring Corporation for the Rudy Hernandez Community Center Gym Flooring Replacement (“Project”); and

2. Authorize the City Manager or his or her designee to execute all necessary documents with HUR Flooring Corporation.

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Attachments
Attachment 1 Amendment No. 1
Attachment 2 Resolution No. 2024-136
Attachment 3 Agreement with HUR Flooring Co.

Attachment 4 Location Map
Ward:

Ward 1
Synopsis of Previous Council Actions:

March 16, 2022 The Mayor and City Council of the City of San Bernardino adopted Resolution 2022-68 approving the application for the California Drought, Water, Parks, Climate, Coastal Protection and Outdoors Access of All Act of 2018 Per Capita Program.

May 15, 2024 The Mayor and City Council of the City of San Bernadino adopted Resolution 2024-106 authorizing the City Manager or his designee to accept the award for the California Drought, Water, Parks, Climate, Coastal Protection and Outdoors
Access of All Act of 2018 Per Capita Program for $177,952.

June 5, 2024 The Mayor and City Council of the City of San Bernadino authorized the City Manager to approve the award of an
Agreement with HUR Flooring Co. in the amount of
$185,578.00 for Rudy Hernandez Community Center Gym
Flooring Replacement.

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AMENDMENT NO. 1 TO

THE CONSTRUCTION AGREEMENT
WITH HUR FLOORING CO./HUR FLOORING CORPORATION
(RUDY HERNANDEZ GYM FLOORING REPLACEMENT PROJECT)
This Amendment No. 1 to the Construction Agreement is made and entered into as of this ___ day of __________ 2025 (“Effective Date”), by and between the City of San Bernardino, a California charter city and municipal corporation (“City”) and HUR Flooring Co./HUR Flooring Corporation. (“Contractor”). City and Contractor are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, City and Contractor entered into a Construction Agreement, dated June 5, 2024, for the purpose of providing construction services for the Rudy Hernandez Gym Flooring Replacement Project (the “Master Agreement”); and B. WHEREAS, the Parties now desire to amend the Master Agreement to reflect a change in Contractor's name to HUR Flooring Corporation, in the Master Agreement and all related documents.

TERMS

1. Change to Entity Name. Any and all references to the terms “HUR Flooring Co.” or “Contractor” in the Master Agreement shall hereby be changed to refer to “HUR Corporation” or “HUR Corp.”

2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.

3. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.

4. Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

5. Severability. If any portion of this Amendment No. 1 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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6. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO

THE CONSTRUCTION AGREEMENT
WITH HUR FLOORING CO./HUR FLOORING CORPORATION
(RUDY HERNANDEZ GYM FLOORING REPLACEMENT PROJECT)
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.1 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Bill Gallardo
Interim City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONTRACTOR
HUR FLOORING CO./HUR FLOORING

CORPORATION
Signature
Name
Title
Signature
Name
Title

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Resolution No. 2024-136
Resolution 2024-136
June 5, 2024

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RESOLUTION NO. 2024-136

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE AWARD OF AN AGREEMENT WITH
HUR FLOORING CO. IN THE AMOUNT OF $185,578 FOR

RUDY HERNANDEZ COMMUNITY CENTER GYM
FLOORING REPLACEMENT PROJECT; AND

AUTHORIZING THE PROJECT CONSTRUCTION

CONTINGENCIES, CONSTRUCTION MANAGEMENT,

AND ADMINISTRATION COSTS IN THE TOTAL AMOUNT
OF $225,000 FOR CONSTRUCTION OF THE PROJECT;

AND AUTHORIZING THE DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES TO AMEND THE FY 2023/24
CIP BUDGET WITH AN ADDITIONAL $47,048 FROM

AVAILABLE PARKS AND RECREATION FUNDS TO
BRING THE TOTAL PROJECT BUDGET TO $225,000; AND

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO

EXECUTE ALL DOCUMENTS WITH HUR FLOORING
CO.; AND AUTHORIZING THE CITY MANAGER OR

DESIGNEE TO EXPEND THE CONTINGENCY FUND, IF

NECESSARY TO COMPLETE THE PROJECT
WHEREAS, The Rudy Hernandez Community Center serves as a hub for an extensive array of programs and services aimed at promoting holistic well-being, personal development, and community cohesion;
WHEREAS, On April 6, 2022, the Mayor and City Council of the City of San Bernardino approved the application for the California Drought, Water, Parks, Climate, Coastal Protection and Outdoors Access of All Act of 2018 Per Capita Program. The grant was awarded to the City, and later accepted on May 15, 2024.

WHEREAS, The City was awarded $177,952 for the Per Capita Grant Program in Phase 1 of the Prop 68 grants.

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 City Manager to approve the award of an agreement with HUR Flooring Co. in the amount of $185,578. For Rudy Hernandez Community Center Gym Flooring Replacement (Project).

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Resolution No. 2024-136
Resolution 2024-136
June 5, 2024

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SECTION 3. The Mayor and City Council hereby authorize the project construction, construction contingencies, construction management, and administrative costs in the total amount of $225,000.00 for construction of the project.

SECTION 4. The Mayor and City Council hereby authorize the Director of Finance and Management Services to amend the FY2023/24 CIP program and budget with an additional $47,048 from available Parks and Recreation funds to bring the total project budget to $225,000.

SECTION 5. The Mayor and City Council hereby authorize the City Manager or designee to execute all documents with HUR Flooring Co.

SECTION 6. The Mayor and City Council hereby authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

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

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 5th day of June 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. 2024-136
Resolution 2024-136
June 5, 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. 2024-136, adopted at a regular meeting held on the 5 th day of June 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 ___ day of ____________ 2024.

Genoveva Rocha, CMC, City Clerk

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Rudy Hernandez Community Center
Gym Flooring Replacement
-1- 00 52 13 – CONTRACT FOR CONSTRUCTION

00 52 13 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. RFP GB-24-011 is made and entered into the 5th day of June 2024 by and between the CITY OF SAN BERNARDINO, with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, sometimes hereinafter called the “City” and HUR Flooring Co. Sometimes hereinafter called “Contractor. ”WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documen ts as specified in Article 5, below, for the following Project:

Rudy Hernandez Community Center Gym Flooring Replacement.

The contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 90 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of one hundred eighty-five thousand five hundred seventy- eight Dollars ($185,578.00). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1500 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the DocuSign Envelope ID: 1D8197AF-0347-4BD7-ADEB-AEBF813E736A

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Rudy Hernandez Community Center
Gym Flooring Replacement
-2- 00 52 13 – CONTRACT FOR CONSTRUCTION

Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following Appendices.

Appendix D – PUR Standards.

The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

DocuSign Envelope ID: 1D8197AF-0347-4BD7-ADEB-AEBF813E736A

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Rudy Hernandez Community Center
Gym Flooring Replacement
-3- 00 52 13 – CONTRACT FOR CONSTRUCTION

ARTICLE 8. PREVAILING WAGES.

Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

DocuSign Envelope ID: 1D8197AF-0347-4BD7-ADEB-AEBF813E736A

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Rudy Hernandez Community Center
Gym Flooring Replacement
-4- 00 52 13 – CONTRACT FOR CONSTRUCTION

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF SAN BERNARDINO
By:

Rochelle clayton
Acting City Manager

ATTEST:

By:

Genoveva Rocha, CMC, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

Hur Flooring Co.

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

(CONTRACTOR’S SIGNATURE MUST BE

NOTARIZED AND CORPORATE

SEAL AFFIXED, IF APPLICABLE)

END OF CONTRACT

DocuSign Envelope ID: 1D8197AF-0347-4BD7-ADEB-AEBF813E736A 1000006707
Michael S. Hur
Owner
604929

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Rudy Hernandez Community Center
Gym Flooring Replacement
Rudy Hernandez Community Center

LOCATION MAP
The Gym

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 7, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Resolution Declaring Intention to Conduct a Public Hearing on July 2, 2025, to Consider Adjusting the
Maximum Permitted Service Rates for Integrated Solid
Waste Collection, Processing, And Disposal Services (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino California, Adopt Resolution No. 2025-285, Declaring its intention to conduct a public hearing on July 2, 2025, to consider adjusting the maximum permitted service rates for integrated solid waste collection, processing and disposal services.

Executive Summary
The City of San Bernardino (“City”) has an exclusive franchise agreement (“Franchise Agreement”) with Burrtec Waste Industries (“Burrtec”) to provide solid waste, recycling and organics collection and processing services to all residential, commercial and industrial businesses within the City through automated carts, front-load bins, roll-offs.

Burrtec also provides street sweeping and right-of-way cleanup through the Franchise Agreement. Through the franchise agreement, Burrtec may request periodic rate increases to cover the costs of providing solid waste collection and processing services.

Under Proposition 218 (Article XIII D, Section 6 of the California Constitution), notice of a public hearing regarding rate increases must be mailed to property owners and tenants of the properties receiving solid waste collection services at least 45 days in advance of the scheduled public hearing. The proposed resolution would commence the rate-setting process for Fiscal Year (FY) 2025-26 by declaring the City’s intent to set the public hearing for July 2, 2025. If the resolution is approved, staff will mail the Proposition 218 notice to property owners and tenants.

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Background
The term of the franchise agreement for solid waste services was initially April 1, 2016 through March 31, 2026 and was subsequently extended to March 31, 2031 by the adoption of the Third Amendment to the Franchise Agreement on July 3, 2024.

Consumer Price Index Adjustments
Section 21.1.3 of the franchise agreement between Burrtec and the City provides that Burrtec may increase the Maximum Permitted Service Rates by the Consumer Price Index (“CPI”) each July 1. The franchise agreement allows for a CPI rate adjustment to a maximum of a 5% increase annually, with any amount above 5% or below 0% carried forward and applied in subsequent years. Burrtec must send the proposed rate adjustment calculations and full rate schedule to the City Manager for review by March 1 each year.

The CPI for the rate increases shall refer to the 12-month annual average percentage change for the most recent January 1 – December 31 period, compared to the prior January 1 – December 31 period, in the All Urban Consumers Index (CPI-U), Not Seasonally Adjusted, All Items, Riverside-San Bernardino-Ontario, CA, as published by the U.S. Department of Labor, Bureau of Labor Statistics.

Discussion
Burrtec has provided the City with the FY 2025-26 Proposed Solid Waste Rate adjustments (See Attachment 3). Burrtec is entitled to a 2.61% CPI adjustment for residential customers. Due to increased costs for materials and fuels, Burrtec has requested an additional increase of 2.39% to recover a small portion of the overall SB 1383 Residential Program Costs. This small increase for the SB 1383 organic waste program recognizes that program costs for the implementation of the SB 1383 regulations are causing upward pressure on residential rates after the first full year of implementation. The total proposed increase for residential customers is 5%.

In discussions with Burrtec, SB 1383 costs are increasing significantly, and it is anticipated that future rate increases on residential rates will consist of SB 1383 cost recovery and CPI as the program matures.

In addition, Burrtec is entitled to a 2.61% CPI increase for Commercial Rates. With SB 1383 Program Costs, these increases range from 4-8% based on frequency based on collection.

The following table provides examples of some of the rate increases proposed:

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The City is complying with Proposition 218 out of an abundance of caution and without conceding its applicability to privately provided solid waste services. The City will set a proposed public hearing in order to consider the proposed solid waste rates proposed for FY 2025-26. The City and Burrtec will mail or cause to be mailed to both the property owner and tenants of the properties receiving solid waste services a notice of the proposed public hearing regarding the rate increases 45 days prior to the public hearing. The earliest that the public hearing may be set is June 21, 2025; the proposed date of the public hearing with be July 2, 2025, and is 56 days from this Council meeting. At the hearing the Mayor and City Council will consider whether a majority protest exists.

While this proposed action is for a one-year rate increase, from July 1, 2025 through June 30, 2026, staff will be recommending the Council adopt a multiple year rate increase next year.

These elements may include increases in solid waste rates due to the increase in (a) disposal fees at San Bernardino County landfills (so-called “tipping fees”), (b) recyclables and organics processing and disposal costs, (c) the annual percentage increase in the CPI, (d) increased costs for complying with State solid waste diversion mandates (e.g.: AB 939; AB 1826) and, (e) applicable business taxes and permit fees under the Franchise Agreement.

Such a mechanism would be used to establish future solid waste rates for between three to five years, based on the direction of the Council, and would result in both Service LevelCurrent FY24-25 RateProposed FY25-26 RatePercent increaseResidential/MF Barrel (3 carts)$26.42 $27.75 5.03%Commercial trash 3 cu. yrd. 1 X week$137.52 $147.30 6.58%Commercial green waste 3 cu yds 1 X week133.0513.532.62%Commercial trash 4 cu. yrd. 3 X week$478.75 $515.97 7.77%Commercial green waste 4 cu yds 3 X week$396.78 $407.15 2.61%Commercial Food Waste 2 cu. yrd. 3 x week$670.32 $687.85 2.62%Roll off service (include disposal)$615.90 $638.25 3.63%

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predictable future rates for solid waste, organics and recyclables collection and processing, but provide savings by not requiring additional public hearings. The council would be able to amend the Franchise Agreement to establish appropriate caps on various elements to further control rate escalation.
2021-2025 Strategic Targets and Goals
Setting the public hearing aligns with Key Target No. 3c: Improve Quality of Life by evaluating and enhancing the quality of public safety services and Key Target No. 3d:

Improve Quality of Life by improving the City’s appearance, cleanliness, and attractiveness
Fiscal Impact
There is no fiscal impact for setting the Public Hearing. There is an anticipated increase in revenues to the General Fund if the rate increase is adopted by the Mayor and City Council.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, Adopt Resolution No. 2025-285, Declaring its intention to conduct a public hearing on July 2, 2025, to consider adjusting the maximum permitted service rates for integrated solid waste collection, processing and disposal services.

Attachments
Attachment 1. Resolution No. 2025-285
Attachment 2: Proposed Proposition 218 Notice
Attachment 3: Table of Solid Waste Rates
Ward:

All Wards
Synopsis of Previous Council Actions:

January 25, 2016 Resolution of the Mayor and City Council of San Bernardino approving a ten-year Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc.

December 7, 2022 Notice of Intent to Conduct a Public Hearing on December 7, 2022, to Consider Adjusting the Maximum Permitted Service Rates for Integrated Solid Waste Collection, and Organic Waste Collection, Processing and Disposal Services, Street Sweeping, and Right-of- Way Cleanup Service.

February 15, 2023 Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for

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Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act (All Wards).

May 17, 2023 Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act (All Wards) June 21, 2023 Continuation, to July 19, 2023, of Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act.

July 19, 2023 Continuation to September 6, 2023, of Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act.

September 6, 2023 Continuation, to January 17, 2024, of Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act.

January 17, 2024 Cancellation of January 17, 2024, Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act
July 3, 2024 Approval of the Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc.

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Resolution No. 2025-285
Resolution No. 2025-285
May, 7, 2025

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RESOLUTION NO. 2025-285

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

DECLARING ITS INTENTION TO CONDUCT A PUBLIC
HEARING ON JULY 2, 2025, TO CONSIDER ADJUSTING

THE MAXIMUM PERMITTED SERVICE RATES FOR

INTEGRATED SOLID WASTE COLLECTION,

PROCESSING AND DISPOSAL SERVICES
WHEREAS, solid waste collection, processing and disposal, street sweeping, and right- of-way clean up services are provided to the City of San Bernardino by Burrtec Waste Industries, Inc. (Burrtec) pursuant to an exclusive franchise agreement with the City; and WHEREAS, the agreement with Burrtec provides for an annual review of the Maximum Permitted Service Rates that Burrtec may charge residential and commercial customers; and WHEREAS, the Mayor and City Council desire to conduct a proceeding to adjust the Maximum Permitted Service Rates for a period of one-year in accordance with the terms of the franchise agreement between the City and Burrtec so that Burrtec may recover the costs of service.

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

SECTION 1. The City Council of the City of San Bernardino hereby declares its intention to conduct a public hearing to consider adjusting the Maximum Permitted Service Rates for integrated solid waste collection, processing and disposal services.

SECTION 2. The hour of 5:00 p.m. on Wednesday, July 2, 2025, in the Feldheym Central Library, 555 West 6th Street, San Bernardino, California, 92410, is fixed as the time and place of the public hearing for the Mayor and City Council to Consider adjusting the Maximum Permitted Service Rates for integrated solid waste collection, processing and disposal services.

SECTION 3. In conformity with Article XIII D, Section 6 of the California Constitution, the Mayor and City Council will consider written protests to the proposed adjustment to the Maximum Permitted Service Rates for integrated solid waste collection, processing disposal, street sweeping, and right-of-way cleanup services at the public hearing set in section 2 above. At the hearing the Mayor and City Council will consider whether a majority protest exists.

SECTION 4. The Mayor and City Council authorizes and directs the City Manager or their designee to: (1) identify the parcels upon which the rates are proposed for imposition; (2) calculate the amount of the rates to be imposed on each parcel; and (3) provide written notice by mail to record owner of each identified parcel at least 45 days prior to the public hearing set in Section 2 above as required by Article XIII D, Section 6 of the California Constitution. In the event that the City Manager, or his or her designee, is unable to provide written notice by mail to the record

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Resolution No. 2025-285
Resolution No. 2025-285
May, 7, 2025

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owner of each identified parcel at least 45 days prior to the public hearing set in Section 2 above, the City Manager is authorized and directed to set the public hearing at a subsequent regular meeting of the Mayor and City Council.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of May 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

Telicia Lopez, Acting City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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Resolution No. 2025-285
Resolution No. 2025-285
May, 7, 2025

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-285, adopted at a regular meeting held on the 7 th day of May 2025, by the following vote:

Telicia Lopez, Acting City Clerk

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Notice of Public Hearing to Consider
Solid Waste Collection Service Rates Increase
Proposition 218 Notification
Wednesday, July 2, 2025
Notice is hereby given that the City of San Bernardino (“City”) will conduct a public hearing on July 2, 2025, at 5 p.m. at the Feldheym Central Library, 555 West 6th Street, San Bernardino, CA 92410 to consider adopting increases to the rates for collection, processing, and disposal of solid waste within the City (collectively, “Solid Waste Services”).

The purpose of the public hearing is to consider all oral testimony and written protests to, and the adoption of, the proposed rates. This 45-day notice is hereby given in accordance with Section 6(a) of Article XIII D of the California Constitution.

About Solid Waste Collection Services and Rates
Burrtec Waste Industries, Inc. (“Burrtec”) provides solid waste services within the City under an exclusive franchise agreement. In compliance with Proposition 218, Article XIII D of the California State Constitution, and the Proposition 218 Omnibus Implementation Act, the City hereby notifies all affected property owners and occupants of the properties receiving Solid Waste Services of proposed rate increases for the City’s residential and commercial Solid Waste Services.

The proposed rate increase is necessary to cover the inflationary increase for Solid Waste Services and the costs of providing mandatory organic waste collection services, required by the regulations implementing Senate Bill 1383 (Chapter 395, Statutes of 2016). These new rates will fund services such as weekly organic waste collection, outreach, education, monitoring, and reporting to ensure compliance with SB 1383 regulations.

The rates will apply to six customer classes: (1) mobile home, (2) single-family, (3) multi-family dwelling, (4) commercial, (5) roll-offs, and (6) additional services for other customers. The rate adjustments are based on factors including the size and type of containers used (e.g., trash, recycling, or green/organic waste), as well as the frequency of waste pickups.

A public hearing will be held to consider these new rates. All interested persons are invited to participate in the hearing and provide a written protest to the proposed rate increase. If the rates are adopted on July 2, 2025, they will become effective on July 2, 2025. For questions about the Public Hearing process or the proposed rates, please call 909-384-5375 or visit https://sbcity.org/819/Solid-Waste-Rates.

Proposed Rates
The proposed FY 2025-26 rates include a 2.61% inflationary increase for residential and commercial customers. Burrtec has requested an additional rate increase of 2.39% (for a total rate increase of 5%) due to increasing costs associated with providing SB 1383 mandated organics recycling for residential and commercial customers in order to allow Burrtec to recover a portion of the overall SB 1383 program costs for FY 2025-26, with the balance of these costs to be recovered in FY 2026-27.

The table below shows examples of the current and proposed monthly rates for residential cart service and the base commercial barrel service. For full rate details for all City customer service levels, roll-off services, and additional services please see Exhibit A or visit the City of San Bernardino Solid Waste Rates page at https://sbcity.org/819/Solid- Waste-Rates.

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Residential Service Current Rates Proposed 2025 Rates Monthly Increase Residential/MF Barrel $26.42 $27.75 $1.33
Residential 35-Gal Barrel $23.43 $24.60 $1.17
Residential 35-Gal Barrel
Service
$21.09 $22.14 $1.05
Mobile Home – 3 Barrel Service $17.73 $18.62 $0.89
Mobile Home Complex – 2
Barrel Service
$17.73 $18.62 $0.89
Commercial Service Current Rates Proposed 2025 Rates Monthly Increase Commercial Barrel (1x Per
Week)
$26.42 $27.61 $1.19
Annual Adjustments
CPI Adjustment: The proposed maximum rates for Solid Waste Services in Exhibit A account for inflation, subject to a 5% cap on Maximum Permitted Service Rates. Beginning July 1, 2026, and each July 1 thereafter, through and including July 1, 2030, the then-current Maximum Permitted Service Rates will be adjusted by the 12-month annual average percentage change for the most recent calendar year, compared to the prior calendar year, in the All Urbans Consumer Index (CPI-U), Not Seasonally Adjusted, All Items, Riverside-San Bernardino-Ontario, CA, as published by the U.S. Department of Labor, Bureau of Statistics.

Public Hearing Process
Any property owner whose property is to be subject to the proposed increases to the rates for Solid Waste Services and any tenant directly responsible for the payment of such fees (i.e., a customer of record) may submit a written protest to the proposed rate increases; provided, however, only one protest will be counted per identified parcel.

Written protests must include the following:
(1) State that the identified property owner or tenant is in opposition to the proposed rate increase to the fees; (2) The location of the identified parcel (by assessor’s parcel number or street address); and (3) The name and signature of the property owner or tenant submitting the protest.

If the person submitting the written protest is the owner of record but was not shown on San Bernardino County’s last equalized assessment roll as the property owner, that person must provide written evidence that the person is the property owner.

Written protests may be submitted by mail or in person to the City Clerk’s Office, provided they are received prior to 3 p.m. on July 2, 2025. Written protests may also be submitted to the City Clerk at the Public Hearing prior to the close of the public comment portion of the Public Hearing. Written protests submitted via e-mail will not be accepted. Please identify on the front of the envelope for any protest, whether mailed or submitted in person, Attn: Solid Waste Rates.

Written protests may be submitted as follows:

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BY MAIL TO:
(by July 2, 2025, 3 p.m.)
HAND DELIVERED TO CITY CLERK’S OFFICE:
(by July 2, 2025, 3 p.m.)
SAN BERNARDINO CITY CLERK’S OFFICE
ATTN: SOLID WASTE RATES
290 NORTH “D” STREET
SAN BERNARDINO, CA 92401
SAN BERNARDINO CITY CLERK’S OFFICE
ATTN: SOLID WASTE RATES
201 NORTH “E” STREET BUILDING A
SAN BERNARDINO, CA 92401
IN PERSON AT PUBLIC HEARING:
(on July 2, 2025,
5 p.m. until close of public comment)

FELDHEYM CENTRAL LIBRARY
555 WEST 6TH STREET
SAN BERNARDINO, CA 92410
The City Council will consider all written protests and hear and consider all oral comments regarding the proposed rate increases for Solid Waste Services and the annual rate adjustments at the Public Hearing. Oral comments at the Public Hearing will not qualify as formal protests unless accompanied by a written protest. Owners of multiple properties must file a separate written protest for each property. Only one written protest per parcel will be counted. Protests sent by email or fax , or received after the Public Hearing is closed, will not be counted. Public comments at the Hearing will not qualify as a formal protest unless accompanied by a written protest.

After the conclusion of the Public Hearing, if written protests are submitted by a majority of affected property owners or tenants of the parcels receiving Solid Waste Services, the proposed solid waste collection service rates may not be implemented. If written protests are not submitted by a majority of affected property owners or tenants, then the City Council may impose the rate increases. If adopted, the proposed rate increases will take effect beginning July 2, 2025.

The City is conducting this Proposition 218 majority protest proceeding out of an abundance of caution and without conceding the applicability of Proposition 218 to Solid Waste Services.

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Burrtec Waste Industries, IncCity of San BernardinoEXHIBIT 1CurrentProposedCurrentProposedRates2025Rates2025Residential/MF Barrel26.42$ 27.75$ 26.42$ 27.61$ Residential 35 Gal Barrel23.43$ 24.60$ Resi 35 Gal Bar Senior21.09$ 22.14$ Mobile Home - 3 Bar Serv17.73$ 18.62$ SizeFreqMobile Home Compx - 2 Bar17.73$ 18.62$ 2 cu. yrd.1 x Wk152.41$ 160.50$ 2 cu. yrd.2 x Wk285.57$ 301.28$ 2 cu. yrd.3 x Wk420.12$ 443.45$ SizeFreq2 cu. yrd.4 x Wk553.86$ 584.80$ 1 cu. yrd.1 x Wk128.28$ 133.69$ 2 cu. yrd.5 x Wk687.86$ 726.43$ 1 cu. yrd.2 x Wk235.06$ 245.32$ 2 cu. yrd.6 x Wk914.95$ 963.57$ 1 cu. yrd.3 x Wk348.56$ 363.85$ 3 cu. yrd.1 x Wk179.87$ 190.75$ 1 cu. yrd.4 x Wk459.37$ 479.62$ 3 cu. yrd.2 x Wk335.00$ 356.11$ 1 cu. yrd.5 x Wk567.48$ 592.61$ 3 cu. yrd.3 x Wk492.89$ 524.31$ 1 cu. yrd.6 x Wk757.61$ 789.77$ 3 cu. yrd.4 x Wk643.92$ 685.46$ 2 cu. yrd.1 x Wk128.87$ 136.35$ 3 cu. yrd.5 x Wk805.93$ 857.88$ 2 cu. yrd.2 x Wk236.22$ 250.64$ 3 cu. yrd.6 x Wk1,076.39$ 1,141.58$ 2 cu. yrd.3 x Wk350.32$ 371.83$ 4 cu. yrd.1 x Wk179.87$ 192.81$ 2 cu. yrd.4 x Wk461.70$ 490.23$ 4 cu. yrd.2 x Wk335.00$ 360.22$ 2 cu. yrd.5 x Wk570.42$ 605.92$ 4 cu. yrd.3 x Wk492.89$ 530.48$ 2 cu. yrd.6 x Wk761.10$ 805.70$ 4 cu. yrd.4 x Wk643.92$ 693.70$ 3 cu. yrd.1 x Wk137.52$ 147.30$ 4 cu. yrd.5 x Wk805.93$ 868.16$ 3 cu. yrd.2 x Wk260.45$ 279.61$ 4 cu. yrd.6 x Wk1,076.39$ 1,153.93$ 3 cu. yrd.3 x Wk387.00$ 415.65$ 3 cu. yrd.4 x Wk508.39$ 546.38$ 3 cu. yrd.5 x Wk632.44$ 679.86$ SizeFreq3 cu. yrd.6 x Wk967.58$ 1,029.93$ 1 cu. yrd.1 x Wk123.20$ 126.42$ 4 cu. yrd.1 x Wk151.54$ 163.74$ 1 cu. yrd.2 x Wk227.60$ 233.55$ 4 cu. yrd.2 x Wk286.96$ 310.92$ 1 cu. yrd.3 x Wk334.68$ 343.43$ 4 cu. yrd.3 x Wk422.35$ 458.09$ 1 cu. yrd.4 x Wk441.75$ 453.30$ 4 cu. yrd.4 x Wk556.44$ 603.93$ 1 cu. yrd.5 x Wk547.45$ 561.76$ 4 cu. yrd.5 x Wk690.50$ 749.71$ 2 cu. yrd.1 x Wk124.09$ 127.33$ 4 cu. yrd.6 x Wk1,194.23$ 1,274.85$ 2 cu. yrd.2 x Wk229.37$ 235.37$ 6 cu. yrd.1 x Wk219.94$ 238.04$ 2 cu. yrd.3 x Wk337.33$ 346.15$ 6 cu. yrd.2 x Wk419.68$ 455.35$ 2 cu. yrd.4 x Wk445.28$ 456.92$ 6 cu. yrd.3 x Wk620.77$ 674.05$ 2 cu. yrd.5 x Wk551.88$ 566.31$ 6 cu. yrd.4 x Wk827.26$ 898.29$ 3 cu. yrd.1 x Wk133.05$ 136.53$ 6 cu. yrd.5 x Wk1,016.26$ 1,104.58$ 3 cu. yrd.2 x Wk251.25$ 257.82$ 6 cu. yrd.6 x Wk1,207.95$ 1,313.63$ 3 cu. yrd.3 x Wk367.95$ 377.57$ 3 cu. yrd.4 x Wk484.67$ 497.34$ 3 cu. yrd.5 x Wk599.99$ 615.68$ SizeFreq4 cu. yrd.1 x Wk145.54$ 149.35$ 1 cu. yrd.1 x Wk145.42$ 151.28$ 4 cu. yrd.2 x Wk270.47$ 277.54$ 1 cu. yrd.2 x Wk266.44$ 277.52$ 4 cu. yrd.3 x Wk396.78$ 407.15$ 1 cu. yrd.3 x Wk395.11$ 411.62$ 4 cu. yrd.4 x Wk524.47$ 538.18$ 1 cu. yrd.4 x Wk520.70$ 542.55$ 4 cu. yrd.5 x Wk649.41$ 666.39$ 1 cu. yrd.5 x Wk643.27$ 670.38$ 6 cu. yrd.1 x Wk167.50$ 171.88$ 1 cu. yrd.6 x Wk858.77$ 893.57$ 6 cu. yrd.2 x Wk311.65$ 319.80$ 2 cu. yrd.1 x Wk146.08$ 154.01$ 6 cu. yrd.3 x Wk458.56$ 470.55$ 2 cu. yrd.2 x Wk267.76$ 283.00$ 6 cu. yrd.4 x Wk587.64$ 603.00$ 2 cu. yrd.3 x Wk397.10$ 419.83$ 6 cu. yrd.5 x Wk746.87$ 766.40$ 2 cu. yrd.4 x Wk523.35$ 553.49$ 35Gal Barrel1 x Wk49.64$ 50.94$ 2 cu. yrd.5 x Wk646.58$ 684.08$ 35Gal Barrel2 x Wk83.18$ 85.35$ 2 cu. yrd.6 x Wk862.73$ 909.99$ 35Gal Barrel3 x Wk111.54$ 114.46$ 3 cu. yrd.1 x Wk155.88$ 166.14$ 35Gal Barrel4 x Wk140.33$ 144.00$ 3 cu. yrd.2 x Wk295.24$ 315.31$ 35Gal Barrel5 x Wk179.15$ 183.83$ 3 cu. yrd.3 x Wk438.67$ 468.67$ 65Gal Barrel1 x Wk56.16$ 57.63$ 3 cu. yrd.4 x Wk576.27$ 616.04$ 65Gal Barrel2 x Wk96.13$ 98.64$ 3 cu. yrd.5 x Wk716.89$ 766.51$ 65Gal Barrel3 x Wk130.90$ 134.32$ 3 cu. yrd.6 x Wk1,096.78$ 1,162.51$ 65Gal Barrel4 x Wk166.11$ 170.45$ 4 cu. yrd.1 x Wk171.77$ 184.50$ 65Gal Barrel5 x Wk211.36$ 216.89$ 4 cu. yrd.2 x Wk325.27$ 350.23$ 4 cu. yrd.3 x Wk478.75$ 515.97$ 4 cu. yrd.4 x Wk630.74$ 680.17$ SizeFreq4 cu. yrd.5 x Wk782.71$ 844.33$ 2 cu. yrd.1 x Wk263.53$ 270.42$ 4 cu. yrd.6 x Wk1,353.70$ 1,438.49$ 2 cu. yrd.2 x Wk475.26$ 487.69$ 6 cu. yrd.1 x Wk249.30$ 268.17$ 2 cu. yrd.3 x Wk670.32$ 687.85$ 6 cu. yrd.2 x Wk475.72$ 512.86$ 2 cu. yrd.4 x Wk866.88$ 889.54$ 6 cu. yrd.3 x Wk703.65$ 759.10$ 2 cu. yrd.5 x Wk1,095.40$ 1,124.04$ 6 cu. yrd.4 x Wk937.71$ 1,011.63$ 2 cu. yrd.6 x Wk1,257.62$ 1,290.50$ 6 cu. yrd.5 x Wk1,151.95$ 1,243.82$ 35Gal Barrel1 x Wk69.21$ 71.02$ 6 cu. yrd.6 x Wk1,369.23$ 1,479.13$ 35Gal Barrel2 x Wk122.34$ 125.54$ 35Gal Barrel3 x Wk170.26$ 174.71$ 35Gal Barrel4 x Wk218.64$ 224.36$ SizeFreq35Gal Barrel5 x Wk277.04$ 284.28$ All Sizes1 x Wk53.59$ 54.99$ 35Gal Barrel6 x Wk314.76$ 322.99$ All Sizes2 x Wk107.17$ 109.97$ 65Gal Barrel1 x Wk78.46$ 80.51$ All Sizes3 x Wk160.76$ 164.96$ 65Gal Barrel2 x Wk143.25$ 147.00$ All Sizes4 x Wk215.00$ 220.62$ 65Gal Barrel3 x Wk203.65$ 208.97$ All Sizes5 x Wk268.58$ 275.60$ 65Gal Barrel4 x Wk264.40$ 271.31$ All Sizes6 x Wk322.17$ 330.59$ 65Gal Barrel5 x Wk333.63$ 342.35$ 65Gal Barrel6 x Wk385.35$ 395.43$ Commercial/MF Trash Bins
Commercial Food Waste
Comm/MF/Resi Recycling Bins
Commercial Barrel (1xWk)Commercial CompactorsResidential Trash Bins Commercial/MF/Resi GW Bins

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Burrtec Waste Industries, IncCity of San BernardinoEXHIBIT 1CurrentProposedRates2025SizeFreq35Gal Barrel1 x Wk61.44$ 63.05$ 35Gal Barrel2 x Wk106.79$ 109.58$ 35Gal Barrel3 x Wk146.95$ 150.79$ 35Gal Barrel4 x Wk187.55$ 192.45$ 35Gal Barrel5 x Wk238.19$ 244.42$ 35Gal Barrel6 x Wk268.14$ 275.15$ 65Gal Barrel1 x Wk78.09$ 80.13$ 65Gal Barrel2 x Wk139.98$ 143.64$ 65Gal Barrel3 x Wk196.69$ 201.83$ 65Gal Barrel4 x Wk253.84$ 260.48$ 65Gal Barrel5 x Wk321.00$ 329.39$ 65Gal Barrel6 x Wk367.50$ 377.11$ 95Gal Barrel1 x Wk94.73$ 97.21$ 95Gal Barrel2 x Wk173.16$ 177.69$ 95Gal Barrel3 x Wk246.43$ 252.87$ 95Gal Barrel4 x Wk320.11$ 328.48$ 95Gal Barrel5 x Wk403.83$ 414.39$ 95Gal Barrel6 x Wk466.86$ 479.07$ - All Refuse Permanent - Plus Disposal381.73$ 397.96$ - All Refuse Temporary615.90$ 638.25$ incl Dispincl Disp- All Recycling (Different Materials) - Plus Disposal381.73$ 397.96$ - Waste to Energy 40Yrd - Plus Disposal1,334.81$ 1,375.96$ Roll Off Retractable Lid Monthly Rental Fee239.00$ 251.50$ Receiver312.50$ 326.92$ Compactor Box437.50$ 455.19$ Water Reclamation128.91$ 132.28$ Miscellaneous RO Compactor Repair (per hour)76.21$ 78.20$ Compactor Cleaning (each/single occurrence)151.90$ 155.87$ Dry Run / Relocate Roll Offs (Perm & Temp)85.44$ 87.67$ Roll Off Daily Rental Fee (Perm & Temp)42.03$ 43.13$ Stand By / Roll-Back Roll Offs (Perm & Temp) 154.58$ 158.62$ per occurrence in excess of 15 minEnd Dump Service (per Hour)234.38$ 240.51$ Certificate of Destruction127.03$ 130.35$ Residential/Commercial- Barrel Exchange (first Exchange free) charge does not apply to17.24$ 17.69$ graffiti or damaged barrelsCommercial- Barrel Replacement comml-lost or stolen85.16$ 87.39$ Bin Services- Bin Exchange (first Exchange free) charge does not apply to86.22$ 88.47$ graffiti or damaged barrels- Bin Replacement + actual cost of bin comml-lost or stolen93.98$ 96.44$ Bin Enclosure Cleaning (each/single occurrence)42.33$ 43.44$ Bin Steam Cleaning (each/single occurrence)42.33$ 43.44$ Pull Out Service - Backyard Barrel Frail/Handicap (Resi/MH/MF)N/CN/CExtra Trash Barrel (Resi/MF/MH/Commercial)14.77$ 15.16$ Extra Recycling Barrel (Resi/MF/MH/) N/CN/CExtra Recycling Barrel (Com) 26.98$ 27.69$ Extra Green Waste Barrel (Resi/MF only)12.93$ 13.27$ Pull Out Service - Bin (1-6 Yard) x176.63$ 78.63$ Temporary Bin (3 Yrd) - 7 Day use78.60$ 80.66$ Temp Bin Dump and Return78.60$ 80.66$ Clean-Up Service (per 15 min)41.27$ 42.35$ Recycling Contamination Barrel10.96$ 11.25$ Recycling Contamination (each bin)67.20$ 68.96$ Extra Pick-Ups Bins - On Service Day1 & 2 Yard (Trash/Recyc)28.80$ 29.55$ 3 Yard (Trash/Recyc)31.32$ 32.14$ 4 Yard (Trash/Recyc)34.31$ 35.21$ 6 Yard (Trash/Recyc)40.65$ 41.71$ Extra Pick-Ups All Bins - On Non-Service Day (Trash)51.25$ 52.59$ Extra Pick-Ups All Bins - On Non-Service Day (Recyc)39.87$ 40.91$ Extra Pick-Ups Compactors (Trash)2 Yard31.32$ 32.14$ 3 & 4 Yard34.31$ 35.21$ Extra Pick-Up Barrel - Residential/Mobile Home10.56$ 10.84$ Extra Pick-Ups FW Bins99.73$ 102.34$ Extra Pick-Ups Barrel - FW29.69$ 30.47$ Tilhopper (3 yd)34.18$ 35.07$ Lock20.16$ 20.69$ Late set-out fee32.74$ 33.60$ Late Fee1.5%1.5%Shopping cart retrieval25.00$ 25.65$ Additional Services
Mult Family Mixed Organics
Roll-Off - Service Only

Packet Page. 593

Burrtec Waste Industries, Inc
City of San Bernardino
EXHIBIT 1
Current Proposed Current Proposed
Rates 2025 Rates 2025
Residential/MF Barrel 26.42$ 27.75$ 26.42$ 27.61$ Residential 35 Gal Barrel 23.43$ 24.60$
Residential 35 Gal Barrel Sr 21.09$ 22.14$
Mobile Home - 3 Barrel Service 17.73$ 18.62$ Size Freq Mobile Home Complex - 2 Barrel 17.73$ 18.62$ 2 cu. yrd. 1 x Wk 152.41$ 160.50$ 2 cu. yrd. 2 x Wk 285.57$ 301.28$
2 cu. yrd. 3 x Wk 420.12$ 443.45$
Size Freq 2 cu. yrd. 4 x Wk 553.86$ 584.80$
1 cu. yrd. 1 x Wk 128.28$ 133.69$ 2 cu. yrd. 5 x Wk 687.86$ 726.43$ 1 cu. yrd. 2 x Wk 235.06$ 245.32$ 2 cu. yrd. 6 x Wk 914.95$ 963.57$ 1 cu. yrd. 3 x Wk 348.56$ 363.85$ 3 cu. yrd. 1 x Wk 179.87$ 190.75$ 1 cu. yrd. 4 x Wk 459.37$ 479.62$ 3 cu. yrd. 2 x Wk 335.00$ 356.11$ 1 cu. yrd. 5 x Wk 567.48$ 592.61$ 3 cu. yrd. 3 x Wk 492.89$ 524.31$ 1 cu. yrd. 6 x Wk 757.61$ 789.77$ 3 cu. yrd. 4 x Wk 643.92$ 685.46$ 2 cu. yrd. 1 x Wk 128.87$ 136.35$ 3 cu. yrd. 5 x Wk 805.93$ 857.88$ 2 cu. yrd. 2 x Wk 236.22$ 250.64$ 3 cu. yrd. 6 x Wk 1,076.39$ 1,141.58$ 2 cu. yrd. 3 x Wk 350.32$ 371.83$ 4 cu. yrd. 1 x Wk 179.87$ 192.81$ 2 cu. yrd. 4 x Wk 461.70$ 490.23$ 4 cu. yrd. 2 x Wk 335.00$ 360.22$ 2 cu. yrd. 5 x Wk 570.42$ 605.92$ 4 cu. yrd. 3 x Wk 492.89$ 530.48$ 2 cu. yrd. 6 x Wk 761.10$ 805.70$ 4 cu. yrd. 4 x Wk 643.92$ 693.70$ 3 cu. yrd. 1 x Wk 137.52$ 147.30$ 4 cu. yrd. 5 x Wk 805.93$ 868.16$ 3 cu. yrd. 2 x Wk 260.45$ 279.61$ 4 cu. yrd. 6 x Wk 1,076.39$ 1,153.93$ 3 cu. yrd. 3 x Wk 387.00$ 415.65$
3 cu. yrd. 4 x Wk 508.39$ 546.38$
3 cu. yrd. 5 x Wk 632.44$ 679.86$ Size Freq
3 cu. yrd. 6 x Wk 967.58$ 1,029.93$ 1 cu. yrd. 1 x Wk 123.20$ 126.42$ 4 cu. yrd. 1 x Wk 151.54$ 163.74$ 1 cu. yrd. 2 x Wk 227.60$ 233.55$ 4 cu. yrd. 2 x Wk 286.96$ 310.92$ 1 cu. yrd. 3 x Wk 334.68$ 343.43$ 4 cu. yrd. 3 x Wk 422.35$ 458.09$ 1 cu. yrd. 4 x Wk 441.75$ 453.30$ 4 cu. yrd. 4 x Wk 556.44$ 603.93$ 1 cu. yrd. 5 x Wk 547.45$ 561.76$ 4 cu. yrd. 5 x Wk 690.50$ 749.71$ 2 cu. yrd. 1 x Wk 124.09$ 127.33$ 4 cu. yrd. 6 x Wk 1,194.23$ 1,274.85$ 2 cu. yrd. 2 x Wk 229.37$ 235.37$ 6 cu. yrd. 1 x Wk 219.94$ 238.04$ 2 cu. yrd. 3 x Wk 337.33$ 346.15$ 6 cu. yrd. 2 x Wk 419.68$ 455.35$ 2 cu. yrd. 4 x Wk 445.28$ 456.92$ 6 cu. yrd. 3 x Wk 620.77$ 674.05$ 2 cu. yrd. 5 x Wk 551.88$ 566.31$ 6 cu. yrd. 4 x Wk 827.26$ 898.29$ 3 cu. yrd. 1 x Wk 133.05$ 136.53$ 6 cu. yrd. 5 x Wk 1,016.26$ 1,104.58$ 3 cu. yrd. 2 x Wk 251.25$ 257.82$ 6 cu. yrd. 6 x Wk 1,207.95$ 1,313.63$ 3 cu. yrd. 3 x Wk 367.95$ 377.57$ 3 cu. yrd. 4 x Wk 484.67$ 497.34$
3 cu. yrd. 5 x Wk 599.99$ 615.68$
Size Freq 4 cu. yrd. 1 x Wk 145.54$ 149.35$
1 cu. yrd. 1 x Wk 145.42$ 151.28$ 4 cu. yrd. 2 x Wk 270.47$ 277.54$ 1 cu. yrd. 2 x Wk 266.44$ 277.52$ 4 cu. yrd. 3 x Wk 396.78$ 407.15$ 1 cu. yrd. 3 x Wk 395.11$ 411.62$ 4 cu. yrd. 4 x Wk 524.47$ 538.18$ 1 cu. yrd. 4 x Wk 520.70$ 542.55$ 4 cu. yrd. 5 x Wk 649.41$ 666.39$ 1 cu. yrd. 5 x Wk 643.27$ 670.38$ 6 cu. yrd. 1 x Wk 167.50$ 171.88$ 1 cu. yrd. 6 x Wk 858.77$ 893.57$ 6 cu. yrd. 2 x Wk 311.65$ 319.80$ 2 cu. yrd. 1 x Wk 146.08$ 154.01$ 6 cu. yrd. 3 x Wk 458.56$ 470.55$ 2 cu. yrd. 2 x Wk 267.76$ 283.00$ 6 cu. yrd. 4 x Wk 587.64$ 603.00$ 2 cu. yrd. 3 x Wk 397.10$ 419.83$ 6 cu. yrd. 5 x Wk 746.87$ 766.40$ 2 cu. yrd. 4 x Wk 523.35$ 553.49$ 35Gal Barrel 1 x Wk 49.64$ 50.94$ 2 cu. yrd. 5 x Wk 646.58$ 684.08$ 35Gal Barrel 2 x Wk 83.18$ 85.35$ 2 cu. yrd. 6 x Wk 862.73$ 909.99$ 35Gal Barrel 3 x Wk 111.54$ 114.46$ 3 cu. yrd. 1 x Wk 155.88$ 166.14$ 35Gal Barrel 4 x Wk 140.33$ 144.00$ 3 cu. yrd. 2 x Wk 295.24$ 315.31$ 35Gal Barrel 5 x Wk 179.15$ 183.83$ 3 cu. yrd. 3 x Wk 438.67$ 468.67$ 65Gal Barrel 1 x Wk 56.16$ 57.63$ 3 cu. yrd. 4 x Wk 576.27$ 616.04$ 65Gal Barrel 2 x Wk 96.13$ 98.64$ 3 cu. yrd. 5 x Wk 716.89$ 766.51$ 65Gal Barrel 3 x Wk 130.90$ 134.32$ 3 cu. yrd. 6 x Wk 1,096.78$ 1,162.51$ 65Gal Barrel 4 x Wk 166.11$ 170.45$ 4 cu. yrd. 1 x Wk 171.77$ 184.50$ 65Gal Barrel 5 x Wk 211.36$ 216.89$ 4 cu. yrd. 2 x Wk 325.27$ 350.23$
4 cu. yrd. 3 x Wk 478.75$ 515.97$
4 cu. yrd. 4 x Wk 630.74$ 680.17$ Size Freq
4 cu. yrd. 5 x Wk 782.71$ 844.33$ 2 cu. yrd. 1 x Wk 263.53$ 270.42$ 4 cu. yrd. 6 x Wk 1,353.70$ 1,438.49$ 2 cu. yrd. 2 x Wk 475.26$ 487.69$ 6 cu. yrd. 1 x Wk 249.30$ 268.17$ 2 cu. yrd. 3 x Wk 670.32$ 687.85$ 6 cu. yrd. 2 x Wk 475.72$ 512.86$ 2 cu. yrd. 4 x Wk 866.88$ 889.54$ 6 cu. yrd. 3 x Wk 703.65$ 759.10$ 2 cu. yrd. 5 x Wk 1,095.40$ 1,124.04$ 6 cu. yrd. 4 x Wk 937.71$ 1,011.63$ 2 cu. yrd. 6 x Wk 1,257.62$ 1,290.50$ 6 cu. yrd. 5 x Wk 1,151.95$ 1,243.82$ 35Gal Barrel 1 x Wk 69.21$ 71.02$ 6 cu. yrd. 6 x Wk 1,369.23$ 1,479.13$ 35Gal Barrel 2 x Wk 122.34$ 125.54$ 35Gal Barrel 3 x Wk 170.26$ 174.71$
35Gal Barrel 4 x Wk 218.64$ 224.36$
Size Freq 35Gal Barrel 5 x Wk 277.04$ 284.28$
All Sizes 1 x Wk 53.59$ 54.99$ 35Gal Barrel 6 x Wk 314.76$ 322.99$ All Sizes 2 x Wk 107.17$ 109.97$ 65Gal Barrel 1 x Wk 78.46$ 80.51$ All Sizes 3 x Wk 160.76$ 164.96$ 65Gal Barrel 2 x Wk 143.25$ 147.00$ All Sizes 4 x Wk 215.00$ 220.62$ 65Gal Barrel 3 x Wk 203.65$ 208.97$ All Sizes 5 x Wk 268.58$ 275.60$ 65Gal Barrel 4 x Wk 264.40$ 271.31$ All Sizes 6 x Wk 322.17$ 330.59$ 65Gal Barrel 5 x Wk 333.63$ 342.35$ 65Gal Barrel 6 x Wk 385.35$ 395.43$
Commercial/MF Trash Bins
Commercial Food Waste
Comm/MF/Resi Recycling Bins
Commercial Barrel (1xWk)
Commercial Compactors
Residential Trash Bins
Commercial/MF/Resi GW Bins
Attachment 3
1 Packet Page. 594

Burrtec Waste Industries, Inc
City of San Bernardino
EXHIBIT 1
Current Proposed
Rates 2025
Size
Freq
35Gal Barrel 1 x Wk 61.44$ 63.05$
35Gal Barrel 2 x Wk 106.79$ 109.58$
35Gal Barrel 3 x Wk 146.95$ 150.79$
35Gal Barrel 4 x Wk 187.55$ 192.45$
35Gal Barrel 5 x Wk 238.19$ 244.42$
35Gal Barrel 6 x Wk 268.14$ 275.15$
65Gal Barrel 1 x Wk 78.09$ 80.13$
65Gal Barrel 2 x Wk 139.98$ 143.64$
65Gal Barrel 3 x Wk 196.69$ 201.83$
65Gal Barrel 4 x Wk 253.84$ 260.48$
65Gal Barrel 5 x Wk 321.00$ 329.39$
65Gal Barrel 6 x Wk 367.50$ 377.11$
95Gal Barrel 1 x Wk 94.73$ 97.21$
95Gal Barrel 2 x Wk 173.16$ 177.69$
95Gal Barrel 3 x Wk 246.43$ 252.87$
95Gal Barrel 4 x Wk 320.11$ 328.48$
95Gal Barrel 5 x Wk 403.83$ 414.39$
95Gal Barrel 6 x Wk 466.86$ 479.07$
- All Refuse Permanent - Plus Disposal 381.73$ 397.96$ - All Refuse Temporary 615.90$ 638.25$
incl Disp incl Disp
- All Recycling (Different Materials) - Plus Disposal 381.73$ 397.96$ - Waste to Energy 40Yrd - Plus Disposal 1,334.81$ 1,375.96$ Roll Off Retractable Lid Monthly Rental Fee 239.00$ 251.50$ Receiver 312.50$ 326.92$
Compactor Box 437.50$ 455.19$
Water Reclamation 128.91$ 132.28$
Miscellaneous RO Compactor Repair (per hour) 76.21$ 78.20$ Compactor Cleaning (each/single occurrence) 151.90$ 155.87$ Dry Run / Relocate Roll Offs (Perm & Temp) 85.44$ 87.67$ Roll Off Daily Rental Fee (Perm & Temp) 42.03$ 43.13$ Stand By / Roll-Back Roll Offs (Perm & Temp) 154.58$ 158.62$ per occurrence in excess of 15 min
End Dump Service (per Hour) 234.38$ 240.51$
Certificate of Destruction 127.03$ 130.35$
Residential/Commercial
- Barrel Exchange (first Exchange free) charge does not apply to 1 7.24$ 17.69$ graffiti or damaged barrels
Commercial
- Barrel Replacement comml-lost or stolen 8 5.16$ 87.39$ Bin Services
- Bin Exchange (first Exchange free) charge does not apply to 8 6.22$ 88.47$ graffiti or damaged barrels
- Bin Replacement + actual cost of bin comml-lost or stolen 93.98$ 96.44$ Bin Enclosure Cleaning (each/single occurrence) 42.33$ 43.44$ Bin Steam Cleaning (each/single occurrence) 42.33$ 43.44$ Pull Out Service - Backyard Barrel Frail/Handicap (Resi/MH/MF) N/C N/C Extra Trash Barrel (Resi/MF/MH/Commercial) 14.77$ 15.16$ Extra Recycling Barrel (Resi/MF/MH/) N/C N/C
Extra Recycling Barrel (Com) 26.98$ 27.69$
Extra Green Waste Barrel (Resi/MF only) 12.93$ 13.27$ Pull Out Service - Bin (1-6 Yard) x1 76.63$ 78.63$
Temporary Bin (3 Yrd) - 7 Day use 78.60$ 80.66$
Temp Bin Dump and Return 78.60$ 80.66$
Clean-Up Service (per 15 min) 41.27$ 42.35$
Recycling Contamination Barrel 10.96$ 11.25$
Recycling Contamination (each bin) 67.20$ 68.96$
Extra Pick-Ups Bins - On Service Day
1 & 2 Yard (Trash/Recyc) 28.80$ 29.55$
3 Yard (Trash/Recyc) 31.32$ 32.14$
4 Yard (Trash/Recyc) 34.31$ 35.21$
6 Yard (Trash/Recyc) 40.65$ 41.71$
Extra Pick-Ups All Bins - On Non-Service Day (Trash) 51.25$ 52.59$ Extra Pick-Ups All Bins - On Non-Service Day (Recyc) 39.87$ 40.91$ Extra Pick-Ups Compactors (Trash)
2 Yard 31.32$ 32.14$
3 & 4 Yard 34.31$ 35.21$
Extra Pick-Up Barrel - Residential/Mobile Home 10.56$ 10.84$ Extra Pick-Ups FW Bins 99.73$ 102.34$
Extra Pick-Ups Barrel - FW 29.69$ 30.47$
Tilhopper (3 yd) 34.18$ 35.07$
Lock 20.16$ 20.69$
Late set-out fee 32.74$ 33.60$
Late Fee 1.5% 1.5%
Shopping cart retrieval 25.00$ 25.65$
Additional Services
Mult Family Mixed Organics
Roll-Off - Service Only
Attachment 3
2 Packet Page. 595

2 4
7 0

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 7, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Award a Construction Agreement to Matich Corporation for the Pavement Rehabilitation at Fourteen Locations in the amount of $4,750,755.00 (Project No. SS25-004) (All Wards)
Recommendation:

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

1. Approve the award of the Construction Agreement with Matich Corporation, in the amount of $4,750,755.00 for the Pavement Rehabilitation at Fourteen Locations (Project); and

2. Authorize the project construction, construction contingencies, construction management, staff administrative costs, and independent soil and pavement testing, in the total amount of $1,500,000 for construction of the project; and

3. Authorize the City Manager or designee to execute all documents with Matich Corporation; and

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

Executive Summary
Awarding the Construction Agreement for Pavement Rehabilitation at Fourteen Locations will address critical roadway maintenance needs at several locations throughout the City. This agreement will enable the City to issue a Notice to Proceed to Matich Corporation, starting the process of upgrading and repairing deteriorating

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pavement. The scope of work includes clearing, full concrete and asphalt construction, crack sealing, overlays, traffic striping, utility adjustments, and traffic control. The project will be funded through the RMRA/SB1 and Gas Tax budgets.

Background
As part of the City’s commitment to maintaining its streets, a Pavement Management Analysis (PMA) was conducted on November 24, 2021, to assess the Remaining Service Life (RSL) of all public streets. Based on this analysis, City staff developed a list of 35 locations, considering factors such as pavement condition, available funding, community input (via CRM), and coordination with planned infrastructure projects.

On June 26, 2024, the Mayor and the City Council approved Resolution No. 2024-142 of the Operating Budget of the CIP 2025-2029, which included the 35 locations list.

From this list, 14 locations have been selected for inclusion in the annual Road Maintenance and Rehabilitation Program (RMRA)/SB1.

On July 3, 2024, the Mayor and City Council adopted Resolution No. 2024-146, authorizing the Director of Finance to amend the FY 2024/25 Capital Improvement Plan. This amendment includes supplemental appropriations of $5,787,126.00 from the SB1 Fund and $1,355,877.50 from the Gas Tax Fund, totaling an additional appropriation of $7,143,003.50 for the Street Rehabilitation – 14 Locations (Project No. 13630).

On December 19, 2024, Hilltop Geotechnical, Inc. issued a Pavement Design Report for the fourteen locations, which included a comprehensive pavement evaluation. The evaluation involved the exploration of both surface and subsurface conditions of the streets, conducted between November 6 and November 8, 2024.

The project includes the following locations:

North Mayfield Avenue from West 8 th Street to 10th Street (Ward 1) North Western Avenue from 8th Street to Union Street (Ward 1) East Gilbert Street from North Waterman Avenue to Canyon Road (to the Bridge) (Ward 2)
West 14 th Street from North G Street to North E Street (Ward 2) East Hardt Street from South Tippecanoe Avenue to Richardson Street (Ward 3)
East Holden Drive from the West End to the East End (Ward 3) North Orange Street from 210 FWY and Highland Avenue
(Extending the paving from Highland Avenue to Piedmont Drive is an additive) (Ward 4)
North Electric Avenue from West 40 th Street to 48th Street (Ward 4) North Varsity Avenue from West College Avenue to Universal Ave (Ward 5) West College Avenue from University Parkway to North Citadel Avenue (Ward 5)
West Roosevelt Avenue, from Macy Street to University Parkway (Ward 6)

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North Macy Street from Roosevelt Avenue to West and East end of West Washington Avenue (including Lincoln Avenue from West End to University Parkway) (Ward 6)
West 34th Street from North Mountain View Avenue to North Sierra Way (Ward 7)
North Mountain View Avenue from West 30 th Street to Edgerton Drive (Ward 7) Discussion
As part of the City’s ongoing efforts to improve and maintain the condition of public streets this project follows a comprehensive Pavement Management Analysis (PMA) conducted in November 24, 2021, which identified priority locations based on their Remaining Service Life (RSL). Since then, the City has secured funding through the SB1 and Gas Tax Funds, and additional technical evaluations have been conducted to assess the pavement conditions. This report will outline key developments, including the approval of funding allocations, the Pavement Design Report by Hilltop Geotechnical, Inc., and the next steps in the project’s implementation.

A total of $7,143,003.50 is available for the construction project, $5,787,126.00 is allocated in RMRA/SB1, and $1,355,877.50 is allocated in Gas Tax funds.

The Project was advertised for public bidding on February 12, 2025, on PlanetBids and in the San Bernardino Sun newspaper on February 15, 2025. Six sealed bids were received and opened on March 18, 2025. The total bid amounts, including both the base bid and additive bid items, were as follows:

Staff has reviewed the bid package and determined that Matich Corporation of San Bernardino, California, is the lowest responsible and responsive bidder. The company BudgetRMRA $5,787,126.00Gas Tax$1,355,877.50Available Project Budget$7,143,003.50

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submitted a total base bid of $4,450,590.00, with the total bid amount, including both the base bid and additive items, totaling $4,750,755.00.

In addition to the construction costs, staff anticipate the need for construction contingency, construction management, administrative costs, independent soil and pavement testing and analysis, and an allowance for unforeseen work. The estimated potential cost for these additional items is $1,500,000.00.

As a result, the total projected cost for the project, including construction contingencies, construction management, staff administration, and independent soil and pavement testing, is $6,250,755.00.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 1d. Improved Operational & Financial Capacity - Create a framework for spending decisions and 1f. Create an asset management plan. Approval of the proposed project list will allow staff to move forward in addressing deferred street maintenance needs identified in the PMA, and secure project funding resources available through RMRA/SB1.

Fiscal Impact
The total project budget is $6,250,755, which includes $4,750,755 for the contract award and $1,500,000 in contingency. The project is fully funded, with $7,143,003.50 available $5,787,126 from RMRA/SB1 funds and $1,355,877.50 from Gas Tax funds.

There is no General Fund impact. This project is budgeted in the FY 2024/25 CIP and supported by Resolution 2024-146.

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

1. Approve the award of the Construction Agreement with Matich Corporation, in the amount of $4,750,755.00 for the Pavement Rehabilitation at Fourteen Locations (Project); and

3. Authorize the City Manager or designee to execute all documents with Matich Corporation; and
BidLowest Bid with Additives$4,750,755.00Contingency & Administrative Cost$1,500,000.00Total Construction Cost $6,250,755.00

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

Attachments
Attachment 1 Agreement with Matich Corporation
Attachment 2 Bid Tabulation
Attachment 3 Bid Proposal
Attachment 4 Location Maps
Attachment 5 Resolution No. 2024-142
Attachment 6 Resolution No. 2024-146
Ward:

All Wards
Synopsis of Previous Council Actions:

July 3, 2024 Resolution 2024-146 Adopting List of Projects under SB1 2024/2025 Road Maintenance Program; and Authorizing the Director of Finance to Amend the FY 2024/25 Capital
Improvement Plan, Recording Supplemental Appropriations (All Wards)

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00 52 13 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. SS 25-004 is made and entered into this 7th day of May, 2025 by and between the CITY OF SAN BERNARDINO, with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, sometimes hereinafter called the “City” and Matich Corporation, sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:

PAVEMENT REHABILITATION AT FOURTEEN LOCATIONS PROJECT NO. 13630 Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 180 CALENDAR DAYS from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Four Million Seven Hundred Fifty Thousand Seven Hundred Fifty-Five Dollars ($4,750,755.00) Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and everyday completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,500 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract

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Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following WITH APPENDICES:

Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Appendix A – City of San Bernardino Business Registration Application Form Appendix B – Construction 4’ x 8’ Project Signs
Appendix C – Location Maps / Bid Items Per Street
Appendix D – City of San Bernardino and CalTrans 2023 Standard Plans and Drawings Appendix E - Monuments and Centerline Ties Appendix F - Street Striping and Signs Appendix G – Pole (Speed Feedback and RRFB Locations)
The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

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limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

ARTICLE 9. FALSE CLAIMS.

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IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF SAN BERNARDINO
By:

Bill Gallardo
Interim City Manager
ATTEST:

By:

Telicia Lopez, Acting City Clerk
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
Matich Corporation Inc.

By:

Its:

Printed Name:

By:

Its:

Printed Name:
149783__________________________________
Contractor’s License Number and Classification
1000004260__ __________________________
DIR Registration Number
(CONTRACTOR’S SIGNATURE MUST BE

NOTARIZED AND CORPORATE

SEAL AFFIXED, IF APPLICABLE)

END OF CONTRACT

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Quantity Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Mobilization 1 LS $ 546,000.00 $ 546,000.00 200,000.00$ 200,000.00$ $ 242,180.00 $ 242,180.00 340,000.00$ 340,000.00$ 392,000.00$ 392,000.00$ 100,000.00$ 100,000.00$ 2 Traffic Control 1 LS 183,000.00$ $ 183,000.00 65,000.00$ 65,000.00$ 424,000.00$ $ 424,000.00 314,000.00$ 314,000.00$ 305,000.00$ 305,000.00$ 178,150.00$ 178,150.00$ 3 Clearing and Grubbing and BMPs 1 LS 319,000.00$ $ 319,000.00 100,000.00$ 100,000.00$ 301,000.00$ $ 301,000.00 40,000.00$ 40,000.00$ 405,000.00$ 405,000.00$ 100,000.00$ 100,000.00$ 4 Construct PCC Curb & Gutter per City of San Bernardino Stanadard 200, Type B to Match Exisiting; Mill All Curb Cuts1,200 LF 57.00$ $ 68,400.00 105.00$ 126,000.00$ 55.00 $ $ 66,000.00 92.00$ 110,400.00$ 57.25 $ 68,700.00$ 105.00$ 126,000.00$ 5 Construct PCC Curb per City of San Bernardino Standard 200, Type A to Match Exisiting; Mill All Curb Cuts 500 LF 45.00$ $ 22,500.00 80.00$ 40,000.00$ 44.00 $ $ 22,000.00 75.00$ 37,500.00$ 45.75 $ 22,875.00$ 65.00 $ 32,500.00$ 6 Construct PCC Curb Access Ramp With 3'x4' Cast-In-Place Truncated Dome Surface, Min 5' Transition Panels, Curb & Gutter and AC Slot Patch per SPPWC 111-5 45 EA 5,700.00$ $ 256,500.00 9,170.00$ 412,650.00$ 5,550.00$ $ 249,750.00 8,000.00$ 360,000.00$ 5,800.00$ 261,000.00$ 9,300.00$ 418,500.00$ 7 Construct PCC Curb Access Ramp With 3'x4' Cast-In-Place Truncated Dome Surface, Min 5' Transition Panels, Curb & Gutter, PCC Spandrel and AC Slot Patch per SPPWC 111-5 and City Standard Dwg 201 60 EA 8,000.00$ $ 480,000.00 9,000.00$ 540,000.00$ 7,777.00$ $ 466,620.00 10,350.00$ 621,000.00$ 8,100.00$ 486,000.00$ 16,500.00$ 990,000.00$ 8 Construct PCC Sidewalk, Bypass and/or Transition Panel Over Subgrade Compacted to 95% Relative Compaction per City of San Bernardino Standard 202; Mill All Curb Cuts 1,700 SF 11.30$ $ 19,210.00 22.00$ 37,400.00$ 11.00 $ $ 18,700.00 23.00$ 39,100.00$ 11.50 $ 19,550.00$ 18.00 $ 30,600.00$ 9 Construct 8' PCC Cross 6 Feet Gutter Over Subgrade per City of San Bernardino Standard No. 201; Mill All Curb Cuts3,500 SF 24.70$ $ 86,450.00 30.00$ 105,000.00$ 24.00 $ $ 84,000.00 37.00$ 129,500.00$ 25.00 $ 87,500.00$ 42.00 $ 147,000.00$ 10 Remove and Replace the Exisiting Drainage CMP and / or the Exisiting Concrete Decking with a New One as per Detail A200 SF 220.00$ $ 44,000.00 190.00$ 38,000.00$ 225.00$ $ 45,000.00 200.00$ 40,000.00$ 225.00$ 45,000.00$ 225.00$ 45,000.00$ 11 Adjust Utility Manholes Cover to Grade 80 EA 1,550.00$ $ 124,000.00 1,525.00$ 122,000.00$ 1,600.00$ $ 128,000.00 1,540.00$ 123,200.00$ 1,575.00$ 126,000.00$ 1,400.00$ 112,000.00$ 12 Cold Mill 2" Uniform Depth - Full Street Width per Project Specifications 1,000,000 SF 0.29$ $ 290,000.00 0.40$ 400,000.00$ 0.44 $ $ 440,000.00 0.45$ 450,000.00$ 0.43 $ 430,000.00$ 0.45 $ 450,000.00$ 13 Cold Mill 1 1/2" Uniform Depth - Full Street Width per Project Specifications 95,000 SF 0.29$ $ 27,550.00 0.39$ 37,050.00$ 0.33 $ $ 31,350.00 0.40$ 38,000.00$ 0.33 $ 31,350.00$ 0.45 $ 42,750.00$ 14 Cold Mill 3" Uniform Depth / Full Street Width per Project Specifications 100,000 TN 0.34$ $ 34,000.00 0.52$ 52,000.00$ 0.66 $ $ 66,000.00 0.70$ 70,000.00$ 0.75 $ 75,000.00$ 0.80 $ 80,000.00$ 15 AC Overlay Per Project Specifications 16,000 EA 94.00$ $ 1,504,000.00 119.45$ 1,911,200.00$ 114.00 $ $ 1,824,000.00 112.00$ 1,792,000.00$ 117.50 $ 1,880,000.00$ 125.00 $ 2,000,000.00$ 16 Replace Exisiting Traffic Loop Detector Complete in Place per Caltrans Standard ES-5B, and Project Specifications 20 LS 810.00$ $ 16,200.00 725.00$ 14,500.00$ 1,500.00$ $ 30,000.00 720.00$ 14,400.00$ 725.00$ 14,500.00$ 800.00$ 16,000.00$ 17 Install Thermoplastic Traffic Striping, Signage, Pavement Messages, Pavement Marking, Crosswalks and Glue Down RPM's Complete In Place per Caltrans Standard A20A, A20B, A24E and Specifications 1 EA 70,000.00$ $ 70,000.00 69,155.00$ 69,155.00$ 77,000.00$ $ 77,000.00 69,000.00$ 69,000.00$ 70,500.00$ 70,500.00$ 70,000.00$ 70,000.00$ 18 Install City Furnished Solar Powered Radar Speed Feedback Sign on Exisiting Pole 4 EA 1,030.00$ $ 4,120.00 3,000.00$ 12,000.00$ 1,600.00$ $ 6,400.00 2,560.00$ 10,240.00$ 2,575.00$ 10,300.00$ 1,000.00$ 4,000.00$ 19 Furnish and Install Speed Feedback Sign on Contractor Furnished Pole 1 EA 11,300.00$ $ 11,300.00 16,000.00$ 16,000.00$ 8,500.00$ $ 8,500.00 12,500.00$ 12,500.00$ 12,600.00$ 12,600.00$ 15,000.00$ 15,000.00$ 20 Install City Furnished Flashing Beacons on Contractor Furnished and Installed Poles 2 EA 7,700.00$ $ 15,400.00 7,400.00$ 14,800.00$ 8,500.00$ $ 17,000.00 6,100.00$ 12,200.00$ 6,200.00$ 12,400.00$ 10,000.00$ 20,000.00$ 21 Remove Poles and Signs and All Attached Equipment 2 EA 1,030.00$ $ 2,060.00 2,100.00$ 4,200.00$ 5,250.00$ $ 10,500.00 2,000.00$ 4,000.00$ 2,100.00$ 4,200.00$ 1,000.00$ 2,000.00$ 22 Install Rectangular Rapid Flashing Beacon (RRFB) System with Advanced Flashers (Two Flashers at the Crosswalk and Two Flashers in Advance)1 EA 60,000.00$ $ 60,000.00 70,000.00$ 70,000.00$ 46,000.00$ $ 46,000.00 59,000.00$ 59,000.00$ 60,000.00$ 60,000.00$ 60,000.00$ 60,000.00$ 23 Remove Exisiting Tree and Roots 1 EA 8,800.00$ $ 8,800.00 9,400.00$ 9,400.00$ 10,000.00$ $ 10,000.00 8,600.00$ 8,600.00$ 8,750.00$ 8,750.00$ 9,500.00$ 9,500.00$ 24 Project Construction Signs per Active Construction Location 2 TN 4,100.00$ $ 8,200.00 1,300.00$ 2,600.00$ 5,000.00$ $ 10,000.00 2,650.00$ 5,300.00$ 11,000.00$ 22,000.00$ 3,000.00$ 6,000.00$ 25 Remove Exisiting and Construct up to 4" Depth Pavement Repair, Where Needed (Quantity is an allowance to be used where directed; actual quantity will vary) 1,000 TN 145.00$ $ 145,000.00 278.18$ 278,180.00$ 220.00 $ $ 220,000.00 233.00$ 233,000.00$ 300.00 $ 300,000.00$ 235.00 $ 235,000.00$ 26 Remove Exisiting and Construct New Parkway Culvert Concrete Decking Including Constructing the Inlet and the Outlet Openings with Modified Depression as per the City Modified Standard Drawing #400, and Detail A 300 SF 295.00$ $ 88,500.00 165.00$ 49,500.00$ 300.00$ $ 90,000.00 153.00$ 45,900.00$ 298.00$ 89,400.00$ 300.00$ 90,000.00$ 27 Consturct Concrete Sidewalk Corner (Panels and Curb) with Maximum Slope of 2.0% and to be Matched with the Existing Surrounding Levels, Without Any Changes in the Elevation, Cast in Place Federal Yellow Truncated Dome, and Rebuilding of Circular Drain Lid as Per SPPWC 111-5, and Detail B2 EA 8,200.00$ $ 16,400.00 15,000.00$ 30,000.00$ 8,000.00$ $ 16,000.00 30,000.00$ 60,000.00$ 8,325.00$ 16,650.00$ 10,000.00$ 20,000.00$ Apparent Low Bidder
1 Apparent Low Bidder
2 Apparent Low Bidder
3 Apparent Low Bidder
4 Apparent Low Bidder
5 Apparent Low Bidder
6 $4,450,590.00 $4,756,635.00 $4,950,000.00 $5,038,840.00 $5,256,275.00 $5,400,000.00 $4,450,590.00 $4,756,635.00 $4,950,000.00 $5,038,840.00 $5,256,275.00 $5,400,000.00 A1. For Bid
Items 13 &
14 Cold Mill (1 1/2" and 3") Uniform / Full Depth - Full Street Width and Haul to the Olympic Pool located Adjacent to Norton Recreation Center including Leveling and 12 Weep Holes for Drainage 1,355 CY 53.00$ 71,815.00$ 69.00 $ 93,495.00$ 50.00 $ 67,750.00$ 71.00 $ 96,205.00$ 63.75 $ 86,381.25$ 135.00$ 182,925.00$ $71,815.00 $93,495.00 $67,750.00 $96,205.00 $86,381.25 $182,925.00 B1. Utility Standby Time (Per the City) 1 MONTH 8,300.00$ 8,300.00$ 128,000.00$ 128,000.00$ 55,000.00$ 55,000.00$ 16,000.00$ 16,000.00$ 28,500.00$ 28,500.00$ 10,000.00$ 10,000.00$ B2. Construct PCC Curb Access ramp With 3'x4' Cast-In-Place Truncated Dome Surface, Min 5' Transition Panels, Curb & Gutter, PCC Spandrel and AC Slot Patch per SPPWC 111-5 and City Standard Dwg 201 8 EA 8,200.00$ 65,600.00$ 14,000.00$ 112,000.00$ 8,000.00$ 64,000.00$ 15,700.00$ 125,600.00$ 8,350.00$ 66,800.00$ 16,500.00$ 132,000.00$ B3. Cold Mill 2" Uniform Depth - Full Street Width per Project Specifications 105,000 SF 0.27$ 28,350.00$ 0.41$ 43,050.00$ 0.44$ 46,200.00$ 0.50$ 52,500.00$ 0.50$ 52,500.00$ 0.45$ 47,250.00$ B4. AC Overlay per Project Specifications 1,300 TN 97.00$ 126,100.00$ 119.45$ 155,285.00$ 110.00$ 143,000.00$ 122.00$ 158,600.00$ 142.00$ 184,600.00$ 125.00$ 162,500.00$ $228,350.00 $438,335.00 $308,200.00 $352,700.00 $332,400.00 $351,750.00 $4,750,755.00 $5,288,465.00 $5,325,950.00 $5,487,745.00 $5,675,056.25 $5,934,675.00 TOTAL TOTAL $0.00 TOTAL $0.00 TOTAL $0.00 TOTAL $0.00 TOTAL

SUBCONTRACTORS

TOTAL BID AMOUNT CALCULATED BASED ON UNIT PRICES

IS THE BIDDER QUALIFIED BASED ON REFERENCE PROJECTS

CALCULATION CORRECTIONS TO BID AMOUNT SUBMITTED BY CONTRACTOR BASED ON CALCULATED BID AMOUNT

ALTERNATE

ADDITIVE TOTAL
BASE BID + ALTERNATVE + ADDITIVE TOTAL
Apparent Low Bidder 4Apparent Low Bidder 3
Onyx Paving Company, Inc

BID TABULATION
PROJECT NAME: PAVEMENT REHABILITATION AT FOURTEEN LOCATIONS PROJECT NO: 13630
Bid Item and Description
Apparent Low Bidder 1
Matich Corporation

BID TABULATION

ADDITIVE

ALTERNATE TOTAL
Apparent Low Bidder 6
Hardy & Harper, Inc.

Apparent Low Bidder 5
Calmex Engineering, Inc.

Apparent Low Bidder 2
Copp Contracting, Inc. All American Asphalt

BID RANKING
SUBCONTRACTOR % AND AMOUNT SHOWN IN THE BID
DID THE BIDDER MEET MAX 49% SUB CONTRACTOR (MIN 51% WORK BY PRIME CONTRACTOR) REQUIREMENT

TOTAL BID AMOUNT INDICATED BY BIDDER
S:\ENGINEERING\RFCA's\2025 All\05.07.2025\Award 14 Streets Paving project\Bid Tabulation.xlsxBID TABULATION 1 of 1

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N. Mayfield Ave from 8th Street to W 10th Street

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N. Western Avenue from W Union Street to W 8th Street

E. Gilbert Street from N. Western Avenue to Canyon Road (to the Bridge)

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W. 14th Street from N. G Street to N. E Street

E. Hardt Street from Tippecanoe Avenue to Richardson Street

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E. Holden Drive from West End to East End

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N. Orange Street from 210 FWY and Highland Avenue
(Extending the paving from Highland Avenue to Piedmont Drive is an additive)

N. Electric Avenue from W. 40th Street to 48th Street

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N. Varsity Avenue from W. College Avenue to Universal Ave

W. College Avenue from University Parkway to N. Citadel Avenue

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N. Macy Street from Roosevelt Ave to West and East End of Washington Ave (including Lincoln Ave from West End to University Parkway)

W. Roosevelt Avenue from Macy Street to University Street

E. 34th Street from N. Mountain View to N. Sierra Way

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N. Mountain View Avenue from W. 30th Street to Edgerton Drive

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 7, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager
Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Resolution Authorizing the Submittal of Individual CalRecycle Grant Applications and Related
Authorizations for All CalRecycle Grant Programs (All
Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2025-286:

1. Authorizing the City Manager, or their designee, to submit an application to CalRecycle for any and all grant programs offered.

2. Authorize the City Manager, or their designee, to act as Signature Authority to execute all documents necessary to implement and secure payment under such programs.

3. These authorizations are effective until rescinded by the Signature Authority or the governing body.

Executive Summary:

The California Department of Resources and Recycling (CalRecycle) offers various grant programs designed to support local and regional efforts to reduce waste, increase recycling, and create sustainability programs. The various grant programs offered by CalRecycle provide needed funding to jurisdictions to meet compliance obligations and promote environmental stewardship. To apply for CalRecycle grant programs, jurisdictions are required to adopt a formal resolution by which the governing body grants permissions necessary to execute all documents and secure payment under such programs.

Background

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2 2
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The California State Legislature has passed key legislation on waste diversion, recycling, and air pollution reduction, authorizing the California Department of Resources Recycling and Recovery (CalRecycle) to create grant programs and allocate funding for related initiatives (e.g., AB 939, AB 2020, AB 341, SB 1383).

CalRecycle distributes these funds to local jurisdictions through grant programs.

The City of San Bernardino has effectively used funds from these programs to ensure compliance with state mandates, access program services, and provide residents with educational resources.

Discussion
The California Department of Resources Recycling and Recovery (CalRecycle) offers various grant programs designed to support local and regional efforts in waste reduction, recycling, and reducing air pollutants. These programs provide vital funding to the City of San Bernardino for environmental, waste diversion, recycling, and sustainability initiatives. To apply for CalRecycle grant programs, local jurisdictions are required to adopt a formal resolution granting the necessary authorizations to execute all required documents and secure payment under these programs. These authorizations would remain in effect until rescinded by the Signature Authority or the governing body. This resolution will allow the City of San Bernardino to continue utilizing CalRecycle funding to support compliance with state mandates and advance the City's environmental initiatives.
2021-2025 Strategic Targets and Goals
This initiative is consistent with Key Strategic Target and Goal No. 1b: Improved Operational & Financial Capacity – Continue to seek opportunities to secure long-term revenue sources. Annual CalRecycle grant programs fund various costs associated with complying with State mandates and benefit the community with unique services specifically associated with waste, litter, recycling, and air pollution mitigation.

Fiscal Impact
There is no General Fund impact associated with this action.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2025-286:

1. Authorize the City Manager, or their designee, to submit an application to CalRecycle for any and all grant programs offered.

2. Authorize the City Manager, or their designee, to act as Signature Authority to execute all documents necessary to implement and secure payment under such programs.

3. These authorizations are effective until rescinded by the Signature Authority or the governing body.

Attachments
Attachment 1 Resolution No. 2025-286

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2 2
3 8
Ward:

All Wards
Synopsis of Previous Council Actions: None
May 15, 2006 Mayor and City Council adopted Resolution No. 2006-140, authorizing submittal of Funding Request Form to the California Department of Conservation, Division of Recycling.

May 23, 2007 Mayor and City Council adopted Resolution No. 2007-167, authorizing submittal of Funding Request Form to the California Department of Conservation, Division of Recycling.

July 7, 2008 Mayor and City Council adopted Resolution No. 2006-140, 21 Packet Pg. 1343 6795 Page 3 authorizing submittal of Funding Request Form to the California Department of Conservation, Division of Recycling.

May 4, 2009 Mayor and City Council adopted Resolution No. 2009-113, authorizing submittal of Funding Request Form to the California Department of Conservation, Division of Recycling.

June 6, 2011 Mayor and City Council adopted Resolution No. 2011-131, authorizing submittal of Funding Request Form to the
Department of Resources Recycling and Recovery
(CalRecycle).

January 23, 2012 Mayor and City Council adopted Resolution No. 2012-017, authorizing submittal of Funding Request Form to the
Department of Resources Recycling and Recovery
(CalRecycle).

April 21, 2014 Mayor and City Council adopted Resolution No. 2014-106, authorizing submittal of Funding Request Form to the
Department of Resources Recycling and Recovery
(CalRecycle).

June 18, 2015 Mayor and City Council adopted Resolution No. 2015-126, authorizing submittal of Funding Request Form to the
Department of Resources Recycling and Recovery
(CalRecycle).

June 6, 2016 Mayor and City Council adopted Resolution No. 2016-113, authorizing submittal of Funding Request Form to the
Department of Resources Recycling and Recovery
(CalRecycle).

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2 2
3 8
July 5, 2017 Mayor and City Council adopted Resolution No. 2017-127, authorizing submittal of Funding Request Form to the
Department of Resources Recycling and Recovery
(CalRecycle).

July 6, 2018 Mayor and City Council adopted Resolution No. 2018-191, authorizing submittal of Funding Request Form to the
Department of Resources Recycling and Recovery
(CalRecycle).

July 17, 2019 Mayor and City Council adopted Resolution No. 2019-173, authorizing submittal of Funding Request Form to the
Department of Resources Recycling and Recovery
(CalRecycle).

July 15, 2020 Mayor and City Council adopted Resolution No. 2020-174, authorizing submittal of applications for CalRecycle payment programs and approving related authorizations.

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Resolution No. 2025-286
6 9
0 6
RESOLUTION NO.2025-286

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE SUBMITTAL OF INDIVIDUAL

CALRECYCLE GRANT APPLICATIONS AND RELATED

AUTHORIZATIONS FOR ALL CALRECYCLE GRANT

PROGRAMS
WHEREAS, the California Public Resource Code authorizes the Department of Resources Recycling and Recovery (CalRecycle) to administer various Grant Programs; and WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the Grant Programs; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle Grants.

WHEREAS, the purpose of this Resolution is to streamline the submission of applications for CalRecycle Grant Programs in order to allow the City to pursue CalRecycle Grants in a timely manner.

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

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

SECTION 2. The City Manager, or their designee, is hereby authorized to submit an application to CalRecycle for any and all Grant Programs offered.

SECTION 3. The City Manager, or their designee, is hereby authorized as Signature Authority to execute all documents necessary to implement and secure payment under such programs.

SECTION 4. These authorizations are effective until rescinded by the Signature Authority or the governing body.

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Resolution No. 2025-286
6 9
0 6
SECTION 7.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of May 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

Telicia Lopez, Acting City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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Resolution No. 2025-286
6 9
0 6

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-286, adopted at a regular meeting held on the 7 th day of May 2025 by the following vote:

Telicia Lopez, Acting City Clerk

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Page 1 ends

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 7, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Andrea Russell, Director of Human Resources
Department: Human Resources
Subject: Award Professional Services Agreement with Alliant Insurance Services, Inc. for Employee Benefit Brokerage and Consulting Services in the amount of $150,000 (All Wards) Recommendation
It is recommended that the Mayor and City Council of San Bernardino, California

1. Authorize the Interim City Manager, or designee, to execute a professional services agreement with Alliant Insurance Services, Inc., as a sole source vendor to provide health insurance brokerage and consulting services for the City’s employee healthcare program.

2. Authorize the Director of Finance and Management Services to issue a purchase order to Alliant Insurance Services, Inc., in an amount not to exceed $150,000.

Executive Summary
Alliant Insurance Services, Inc. currently serves as the City’s health insurance broker and consultant for medical, dental, vision, life, and other voluntary employee coverage.

Alliant is also the exclusive broker for PRISM (Public Risk Innovation, Solutions, and Management), a public agency risk-sharing pool, which allows the City to benefit from pooled insurance purchasing power, and reduced premiums.

Background
Alliant has been the City’s employee benefit broker and consultant since 2013. In 2019, the Mayor and City Council adopted Resolution No. 2019-41 to extend the agreement with Alliant through June 30, 2025.

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Page 2 ends

Discussion
With the agreement set to expire on June 30, 2025, the Human Resources Department recommends execution of a new agreement with Alliant Insurance services to avoid disruption in critical benefit services and potential premium increases due to loss of access to the PRISM pool. Alliant has consistently delivered value to the City by minimizing premium increases through pooled negotiation under PRISM, while also supporting the City’s health benefit plans with strategic planning, benefit plan renewal and marketing activities, vendor management, compliance, health, well-being and productivity initiatives, core benefits communications, and open enrollment support.

Although this item is to address the need for health benefits brokerage services, it is important to highlight that the partnership with Alliant extends beyond healthcare premiums. As the sole authorized broker for PRISM, Alliant is uniquely positioned to provide access to risk pooling arrangements that significantly reduce the City's overall insurance costs. If the City were to sever the relationship with Alliant and contract with another insurance broker, we would lose access to the PRISM pool, which we rely on to secure competitive premiums for our excess liability, excess workers’ compensation, master crime, cyber liability, and property insurance policies.

The impacts of losing access to PRISM are as follows:
Our recently renewed property insurance (effective 3/25-3/26) would terminate as of 6/30/25.
Our upcoming renewal for excess liability, excess workers’ comp, cyber, and crime coverage will expire effective 6/30/25.
The City will have to act to immediately secure new stand-alone insurance policies to avoid a lapse in coverage.
Stand-alone insurance will utilize the City’s individual risk factors and claims history to determine premium rates. (Stand-alone policy premiums are significantly higher than pooled premiums).
2021-2025 Strategic Targets and Goals
Authorizing the execution of the professional services agreement with Alliant Insurance Services, Inc. as a sole source vendor aligns with Key Target 1d Increased Financial & Operational Capacity by minimizing risk and litigation exposure.

Fiscal Impact

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

COST $ $ $ $

GENERAL
FUND
SHARE
$ $ $ $

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Page 3 ends

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

2. Authorize the Director of Finance and Management Services to issue a purchase order to Alliant Insurance Services, Inc., in an amount not to exceed $150,000.

Attachments
Attachment 1 Professional Services Agreement Alliant Insurance Services 2025 Renewal
Attachment 2 Sole Source Justification Form – Alliant Insurance Services 2025 Renewal
Ward:

All Wards
Synopsis of Previous Council Actions:

March 20, 2019 Mayor and City Council adopted Resolution No. 2019-41 to extend the agreement with Alliant through June 30, 2025.

April 18, 2014 Mayor and City Council authorized the City Manager to execute the first amendment to the professional services agreement with Alliant Insurance Services, Inc.

SOURCE OF FUNDS:

The fiscal impact of this item is $150,000.

There is sufficient budget in the Department’s
proposed FY25/26 Operating Budget to fund
this agreement.

Budget Adjustment:

For Fiscal Year: /

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1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND ALLIANT INSURANCE SERVICES, INC.

This Agreement is made and entered into as of July 1, 2025, by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Alliant Insurance Services, a California Corporation with its principal place of business at 18100 Von Karman Ave, 10TH Floor, Irvine, CA 92612 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Employee Benefit Brokerage and Consulting services for their employee healthcare program (hereinafter referred to as “the Project”).

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

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

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

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

2. Services. Consultant shall provide City with the services described in the Scope of Services attached hereto as Exhibit “A.”

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

4. Compensation.
a. Subject to paragraph 4(b) below, City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $150,000. This amount is to cover all related costs, and

Packet Page. 678

2 the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. c. In addition to the compensation described in paragraph 4(b), Consultant and/or its affiliates may receive compensation for underwriting, program administration, and other services that (i) Consultant provides to the City and/or the City’s insurance carrier(s), and (ii) is outside the scope of services described in Exhibit “A.” This additional compensation, if any, will be included in the cost of the premium the City pays to the insurance carrier(s), and accordingly, will create no additional costs for the City.
d. Consultant may also receive compensation as a result of a contingent or supplemental income agreement with the City’s insurance carrier(s). City may opt-out of having its plan premiums included in the calculation of these contingent commissions by accessing the “opt-out” form from the link on Alliant’s website: http://www.alliant.com/Legal- Notices/Pages/Disclosure-Policy.aspx. The parties acknowledge that these commissions, if any, are determined by insurance carriers, and if the Client does not opt-out, it remains the carriers’ exclusive decision to include or exclude certain premiums in any calculation. The availability of information related to the carriers’ decision-making process on the payment of these contingent commissions is solely within the discretion of each insurance carrier. e. On the first day of January of each year, Consultant shall provide to the City a report disclosing all compensation received by it and its affiliates, directly or indirectly, from all parties relating to this agreement, and as further described herein above in paragraphs 4(a)-(d) of this agreement.

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

6. Term. This Agreement shall commence on the Effective Date and continue through the completion of services as set forth in Exhibit “A,” unless the Agreement is previously terminated as provided for herein (“Term”).

7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.

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3 b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

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

Consultant shall complete the services required hereunder within Term.

9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing Party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

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

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

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

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4 to practice his/her profession, skill, or business.

14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City.

The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

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

Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion

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5 deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the

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6 “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. g. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein.

Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of

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7 the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. h. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
i. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through

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8 surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
j. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. k. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to,

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9 or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. b. Additional Indemnity Obligations. Consultant shall defend, with counsel of City’s choosing and at Consultant’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected and appointed officials, employees, agents, or authorized volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected and appointed officials, employees, agents, or authorized volunteers as part of any such claim, suit, action or other proceeding.

Consultant shall also reimburse City for the cost of any settlement paid by the City, its elected and appointed officials, employees, agents, or authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for the City’s attorney's fees and costs, including expert witness fees. Consultant shall reimburse the City, its elected and appointed officials, employees, agents, or authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its elected and appointed officials, employees, agents, or authorized volunteers.

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

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

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

21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event,

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

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

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

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

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

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

27. Organization. Consultant shall assign Mr. Michael Menerey as Project Manager.

The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

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

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

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Director of Human Resources

With Copy To:

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

CONSULTANT:

Alliant Insurance Services, Inc.

Michael Menerey
18100 Von Karman Ave, 10th Floor
Irvine, CA 92612

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

31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such 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.

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

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

34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any

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12 or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

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

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

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

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

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

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

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

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

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13 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND ALLIANT INSURANCE SERVICES, INC.

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

CITY OF SAN BERNARDINO
Approved By:

Bill Gallardo
Interim City Manager

Approved as to Form:

Thomas Rice
City Attorney

Attested By:

Telicia Lopez, CMC
Acting City Clerk

CONSULTANT

Signature

Name

Title

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14 EXHIBIT A

SCOPE OF SERVICES

1. Plans and Lines of Coverage. The services set forth in Schedule 1.a. apply to the following Client’s current group benefits programs. Core benefits included:
 Medical benefit plans
 Pharmacy benefit plans
 Stop loss insurance
 Dental benefit plans
 Vision benefit plans
 Employee Assistance Programs
 Life and Accident insurance plans
 Disability insurance plans
 Administrative plans (does not include provision of actual TPA services) o Flexible Spending Accounts
o Health Savings Accounts (HSA)
o Health Reimbursement Arrangements (HRA)
o COBRA
 Wellness plans

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15 a. Standard Services

Service Frequency / Limits
Strategic Planning
Prepare pre-renewal analysis to develop/refresh goals and objectives to inform renewal strategy x Annually Evaluate market trends, competitive environment x Annually Evaluate funding and risk retention strategies x As Needed Develop Annual Workplan and Milestone Calendar x Annually Develop/refresh multiyear strategic glide path and financial plan to support goals and objectives x Annually Benchmark plan designs, costs and contributions x As Needed Plan renewal and marketing activities
Initiate renewals with vendors, negotiate annual rates and terms and conditions x Annually Prepare request for proposals (RFP) - evaluate potential vendors and develop bid specifications x As Needed Conduct detailed bid analysis – compare financial and quality responses, review plan designs, evaluate alternative cost and funding alternatives, negotiate performance guarantees x As Needed Conduct network disruption analysis [if provider information is available] x As Needed Price plan design alternatives x Annually
Model employee contributions x Annually
Facilitate finalist meetings; negotiate best and final rates x As Needed Implementation support: facilitate project plan management, review administrative agreements and contract terms and conditions x As Needed
Provide underwriting challenge on fully-insured clients with available claims experience x As Needed Vendor Management - Ongoing Support & Service
Provided day-to-day support (tracking open items, support escalated claims and/or billing issues) x As Needed Manage and regularly evaluate insurance carrier and service provider relationships x As Needed Coordinate utilization review meetings [if information is available] x Annually Review plan document changes (contracts, policies, benefit summaries, SBCs) x As Needed Monitor Vendor Performance Guarantees x As Needed
Compliance
Provide Annual Compliance Calendar x Annually
Offer ongoing education through webcasts, podcasts, white papers, and legislative alerts x - Provide Compliance Reminders & Refreshers - "Friday Fast Facts" x As Needed Provided ongoing Q&A support by designated Alliant compliance consultant on client’s group health plan compliance questions, e.g. ERISA, COBRA, HIPAA, ACA, Section 125, Mental Health Parity, Nondiscrimination, M&A, etc. x As Needed Facilitate Non-Discrimination Testing through Third Party Vendor x Annually Provide CampaignBuilder templated annual notices package that includes the main Federal requirements including Medical Part D, HIPAA privacy, Women’s Healthcare Rights Act, CHIPRA, etc.). Package includes Digital FlippingBook link. x Annually Provide templated documents for ERISA compliance including wrap plan documents, SPD’s, Summary Material Modifications through Third Party Vendor x As Needed Coordinate required Cafeteria Plan Documents x As Needed Provide reminders for annual CMS Disclosure x Annually
Access to Human Resources Support Service, e.g., HR Workplace or similar service x As Needed

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16 Health, Well-Being and Productivity
Provide access to standard communication toolkit including monthly newsletter (Strive), annual communications calendar, health educational flyers, infographics, clinical opinion guides, and health condition campaigns. x As Needed
Provide templates for employee and employer surveys and assessments x As Needed Core Benefits Communications
Strategic Communications Consulting (Includes Annual Communications Plan) x Annually Provide Alliant CampaignBuilder Templated Booklet including Digital FlippingBook Link x 3 rounds of edits then
fee may apply
Provide Alliant CampaignBuilder Templated PowerPoint Presentation Slides x 3 rounds of edits then
fee may apply
Provide Alliant CampaignBuilder Templated Required Annual Notices Package (includes Medical Part D, HIPAA privacy, Women’s Healthcare Rights Act, CHIPRA, etc.) Package includes Digital FlippingBook Link. x Annually
Provide Recorded Digital Brainshark Presentation Link Utilizing PowerPoint Presentation Slides (noted above) x Annually
Provide Alliant CampaignBuilder Templated Benefits-at-a-Glance x 3 rounds of edits then
fee may apply
Develop Alliant CampaignBuilder Templated Open Enrollment Emails (up to 4) x - Provide
templates
only; no
customization. Annually
Provide Alliant CampaignBuilder Templated Open Enrollment Kickoff Video x Annually Provide access to library of licensed educational videos (English and Spanish available) x Annually Provide Alliant CampaignBuilder Templated Spanish Materials x Annually Supplemental Materials (Posters, Postcards, HDHP Easy Guide, Mental Health Toolkit, etc.) - Choose templated CampaignBuilder educational materials. Quantity: 1 Annually Open Enrollment Support
Request and coordinate digital vendor materials and supplies to support open enrollment x Annually Facilitate carrier/vendor attendance for open enrollment meetings/events x Annually In person attendance - Open Enrollment x Annually
Facilitate Health Fair Vendor Procurement x As Needed

ADDITIONAL ALLIANT PRACTICES - MAY REQUIRE SEPARATE SCOPE & FEE Alliant Individual Health Solutions (AIHS) x x
Alliant Medicare Solutions including provision of educational materials and decision support for employees eligible for Medicare via employer-specific toll-free number x AMS Complimentary -
Free

Additional cost for
AMS Premier
Alliant HR Tech and Outsourcing
Additional SOW &
Fees
LifeBalance Program (Employee Perks Program)
Additional SOW &
Fees
Alliant Retirement Services
Additional SOW &
Fees
Compensation Consulting (FutureSense)
Additional SOW &
Fees
Voluntary Benefits Consulting Additional Fees

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17 COMPENSATION DISCLOSURE

As consideration for the Services Alliant provides pursuant to this Agreement, Alliant will receive the compensation set forth below. Alliant may be paid both direct and indirect compensation for the Services provided. Indirect compensation may include contingent commissions from certain insurance carriers. Contingent commissions are generally calculated at the calendar year end and contingent upon a number of factors not directly related to Client’s plan. Whether Alliant receives contingent commissions is a decision made exclusively by each carrier based on their own unique set of factors. These factors include the overall number of employer plans and/or plan participants in plans for which Alliant placed insurance, and retention rates, among others. In general, payment of contingent commissions does not impact your plans’ premiums. Alliant uses this contingent and supplemental compensation to staff and resource proprietary programs specifically designed to maximize the performance of your plan and provide the highest quality experience for your employees and their dependents.

1. Direct Compensation.
a. Fees. Client shall pay Alliant the following fees for the Services set forth above.

The fee for the standard Services will be $150,000 per year. Future years will be subject to annual inflationary increases of 2%.

b. Payment. Client shall pay any fee hereunder within 30 days of its receipt of Alliant’s invoice.

2. Indirect Compensation.
a. Contingent Commission Opt Out. As set forth above, Alliant may receive income as a result of contingent commission agreements with certain insurance carriers. Client may opt-out of having its plan premiums included in the calculation of these contingent commissions by accessing the “opt-out” form from the link on Alliant’s website: http://www.alliant.com/Legal-Notices/Pages/Disclosure-Policy.aspx. The parties acknowledge that these commissions, if any, are determined by insurance carriers, and if the Client does not opt-out, it remains the carriers’ exclusive decision to include or exclude certain premiums in any calculation. The availability of information related to the carriers’ decision-making process on the payment of these contingent commissions is solely within the discretion of each insurance carrier. Note that if your organization has opted out of contingent or override commissions, Alliant returns those commissions to the carrier per the opt-out request, if received.

b. Noncash Compensation. Alliant may, as is standard in the industry, receive certain non-cash compensation from Plan insurance carriers, vendors, and service providers that is not connected to any particular employer plan or Alliant client. Provision of non-cash compensation is solely within the discretion of the entity providing Alliant the non-cash compensation. This compensation can include gifts valued at less than $100 annually, an occasional dinner, or ticket to a sporting event, or other entertainment, or reimbursements in connection with educational meetings or training events, client workshops or events, or marketing or advertising initiatives. Plan

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18 vendors, insurance carriers, and service providers may also occasionally pay or reimburse Alliant for the costs associated with, education or training events that certain Alliant team members attend, and for Alliant sponsored conferences and events.

c. Changes in Compensation. As required under ERISA 408(b)(2), Alliant will provide timely, updated disclosures for any changes in the compensation set forth above.

d. Changes in Services. If Client requests a change in Services or if changes in Client’s size, operations, or organization require a change in the scope and/or nature of the Services and/or Plans, the compensation described in this Section 1 will be adjusted accordingly.

e. Disclosure by Other Plan Service Providers. Any other plan service provider that is subject to the 408(b)(2) disclosure requirements is required to make its own independent 408(b)(2) disclosure and any such disclosure is not included in this Agreement.

3. Services Included in Cost of Premium. In addition to the compensation described in this Schedule II, Alliant and/or its related entities may receive additional compensation for underwriting, program administration, and other services that are (a) provided to either Client or the insurance carrier, (b) not contracted for directly by Client, and (c) outside the scope of Services described in Schedule 1a. This additional compensation, if any, will be included in the cost of the premium Client pays to the carrier and accordingly, will create no additional cost for Client.

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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: May 7, 2025
To: Honorable Mayor and City Council Members
From: Dr. Treasure Ortiz, Council Member, 7th Ward
Department: Council Office
Subject: Discuss the Potential of Creating a Vacant Building and Land Maintenance Fee Ordinance (All Wards) - Council
Member Ortiz

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2 7
2 2

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: May 7, 2025
To: Honorable Mayor and City Council Members
From: Helen Tran
Department: Mayor's Office
Subject: Consider approval of the Request for Proposals process on contract legal services as it ensures transparency,
accountability, and alignment with the city's goals and budget priorities. It allows elected officials to provide oversight, promote fair competition, and uphold public
trust in the procurement of legal services (All Wards) - Mayor Helen Tran

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Mayor and City CouncilMay 7, 2025

Mayor and City Council
May 7, 2025