December 17, 2025
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Telicia Lop ez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-404, adopted at a regular meeting held on the 17th day of December 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 17 th Day of December,
2025.
Telicia Lopez, CMC, City Clerk
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1743 Miro Way, Rialto, CA 92376 I Phone: 909.356.3998 Fax: 909.356.3965 www.SBCounty.gov
RNARDINO
UNTY
Office of Emergency Services
October 3, 2025
TO: GRANT PROGRAM MANAGER
RE: FY2024 HOMELAND SECURITY GRANT PROGRAM APPROVAL
Luther Snoke
Chief Executive Officer
Crisanta Gonzalez
Director
The San Bernardino County Office of Emergency Services has approved your Fiscal Year 2024 Homeland Security Grant Program (FY24 HSGP) application. As of the date of this letter, you are authorized to make expenditures using FY24 HSGP funds. The performance period ends on March 31, 2027.
Be aware that your project allocation amount may have changed. Take note of the amount located on the attached project workbook.
Any activities requiring additional review and pre-approval ( e.g., Environmental and Historic Preservation, Performance Bond Waivers, procurement of Aviation or Controlled Equipment, etc.) shall not incur costs until you receive written approval for those activities.
Please note the following:
1. Modifications: All project changes require pre-approval from Cal OES prior to incurring any costs. Modification requests are due quarterly. Refer to the FY24 Grant Deadlines for submission dates. The scope of work on projects identified as National Priority projects cannot be modified. Changes in quantities on National Priority projects must have FEMA approval.
2. Procurement: General procurement standards with open competition must be followed for all Federal grant expenditures, according to 2 C.F.R. § 200.318-200.323. Copies of three (3) quotes bids must be submitted with reimbursement requests.
3. Noncompetitive Procurement: Documentation of entity procurement policies must be submitted with reimbursement requests for all noncompetitive procurement. Purchases over $250,000 will require pre-approval from Cal OES prior to procurement, following up with your governing board or council, if applicable. A cost benefit analysis is required with noncompetitive procurement requests.
4. SAMS Verification: A print-out of the SAM.gov vendor verification report must be printed prior to procurement for all vendors/contractors and must be submitted with reimbursement requests. Note: Vendor registration in SAMgov is not required. However, the vendor must not be debarred or restricted from receiving federal funds, which will appear in your vendor verification report if the vendor has restrictions. l\O.\IUl UI \l"Pl·R\'l",< llZ'-i
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CONSENT CALENDAR.
City of San Bernardino
Request for Council Action
Date: December 17, 2025
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Approval of Agreement with National Auto Fleet Group for the Purchase of One (1) Freightliner Forestry Truck Utilizing Sourcewell Contract No. 032824-NAF (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve the Cooperative Goods Purchase Agreement with National Auto Fleet Group for the purchase of one (1) 2026 Freightliner 114SD Plus chassis with Versalift VO-256-REV aerial forestry body in the amount of $370,496.74; utilizing Sourcewell Contract No. 032824-NAF; and
2. Approve a contingency allowance in the amount of $18,524.84, or 5%, to accommodate potential supplier-driven price increases and authorize staff to increase the purchase order and amend the Cooperative Goods Purchase Agreement as needed to reflect verified cost adjustments associated with labor, material, and freight escalations; and.
3. Authorize the City Manager to execute all related documents necessary to effectuate this purchase; and
4. Authorize the Interim Director of Finance and Management Services to issue a purchase order in the amount of $370,496.74
City Manager's Comments
No recommendation.
Executive Summary
The Public Works Department seeks approval to purchase a Freightliner 114SD Plus
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Versalift forestry truck through a cooperative purchase with National Auto Fleet Group utilizing Sourcewell Contract No. 032824-NAF in the amount of $370,496.74. The truck will replace two aging diesel-powered vehicles currently in use by the Forestry Division and will be funded through AB2766 Air Quality funds set aside for clean air vehicle acquisitions.
Background
The City's Operations & Maintenance Division maintains trees across public corridors, medians, parks, and other City-owned landscapes. Forestry trucks are essential equipment for tree trimming, removals, emergency storm response, and mitigation of hazards such as fallen limbs and debris.
The existing forestry trucks supporting these tasks have reached the end of their useful life. They experience frequent mechanical issues, extended downtime, and escalating maintenance costs that disrupt daily forestry operations. Two diesel-powered forestry trucks, in particular, are no longer safe or viable and must be removed from the fleet.
The City’s Purchasing Policy and Public Contract Code Section 10298(a) allow the use of cooperative procurement contracts when they provide clear operational and financial benefit. Cooperative agreements offer competitive, pre-negotiated pricing and reduce administrative delays associated with issuing a new bid.
Discussion
Public Works has identified the need for a modern forestry truck configured with an aerial lift and safety features appropriate for the Division’s workload. The Freightliner 114SD Plus chassis paired with the Versalift VO-256-REV forestry body meets the City’s operational, technical, and safety requirements for tree maintenance and emergency response.
This single truck will replace two existing diesel forestry trucks that will be permanently removed from service and auctioned. The new unit is expected to improve crew efficiency, increase reliability, and enhance the safety of field operations.
National Auto Fleet Group, an authorized Sourcewell vendor, provided a quote for the exact configuration required by the City.
This purchase is being made under Sourcewell Contract No. 032824-NAF, which was competitively solicited and awarded through a nationally recognized cooperative procurement program. The City’s Purchasing Policy permits the use of cooperative contracts when they satisfy competitive purchasing requirements and are determined to be in the City’s best interest.
The Exempt Purchase Justification Form confirms that the Sourcewell agreement meets all criteria for cooperative procurement and that National Auto Fleet Group is the authorized distributor.
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The forestry truck will be funded through the AB2766 Air Quality Fund which supports efforts to reduce air pollution through clean-air fleet replacement. The selected truck configuration qualifies for this funding because it replaces older diesel vehicles with cleaner, more efficient equipment.
No General Fund dollars are required for this acquisition. Sufficient budget exists within the current fiscal year AB2766 Air Quality Funds.
Utility Crane & Equipment (UCE) includes a supplier-driven price escalation clause in its quotation due to ongoing increases in labor, materials, and freight costs tied to national supply chain constraints. Under this clause, UCE may adjust pricing for any individual part or component that rises more than 1.5 percent prior to final assembly or delivery, provided that supporting documentation is submitted. UCE also indicates that delivery schedules may be impacted by supplier delays outside of their control.
Because this escalation provision is incorporated into the purchase agreement and supersedes conflicting language, staff recommend including a contingency allowance to ensure the City can comply with these terms without delaying the purchase of the forestry truck. Based on current cost projections, an additional 5% or $18,524.84 may be required above the Not-to-Exceed amount of $370,496.74. Approval will allow the City Manager to increase the purchase order and amend the contract, if needed, to accommodate verified cost increases in accordance with UCE’s pricing conditions, bringing the not-to-exceed amount of the contract to a total of $389,021.58.
Failure to proceed with this purchase would significantly hinder the Operations and Maintenance Division’s ability to maintain the City’s urban forest, respond to emergencies, and conduct routine trimming and debris removal. 2021-2025 Strategic Targets and Goals
This purchase supports Strategic Goal No. 3c: Improved Quality of Life, Constantly evaluating public safety service delivery models to enhance the quality of service.
Replacing outdated diesel equipment with a clean fuel forestry truck enhances the City’s ability to provide reliable and environmentally responsible services. This investment promotes cleaner operations, improves air quality, and supports the City’s commitment to maintaining safe, attractive, and well-serviced public spaces for the community.
Fiscal Impact
FINANCIAL
DATA
Current Fiscal Year: Contingency: Total Cost: Ongoing Cost:
COST $ Click or tap
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text.
$ 0 $Click or
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$
AB2766 $ 370,496.74 $ 18,524.84 $
$389,021.58
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Conclusion
It is It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve the Cooperative Goods Purchase Agreement with National Auto Fleet Group for the purchase of one (1) 2026 Freightliner 114SD Plus chassis with Versalift VO-256-REV aerial forestry body in the amount of $370,496.74; utilizing Sourcewell Contract No. 032824-NAF; and
2. Approve a contingency allowance in the amount of $18,524.84, or 5%, to accommodate potential supplier-driven price increases and authorize staff to increase the purchase order and amend the Cooperative Goods Purchase Agreement as needed to reflect verified cost adjustments associated with labor, material, and freight escalations; and.
3. Authorize the City Manager to execute all related documents necessary to effectuate this purchase; and
4. Authorize the Interim Director of Finance and Management Services to issue a purchase order in the amount of $370,496.74
Attachments
Attachment 1 – Cooperative Goods Purchase Agreement with National Auto Fleet Group
Attachment 2 – Sourcewell Contract No. 032824-NAF Documentation Attachment 3 – Exempt Purchase Justification Form
Attachment 4 – City of San Bernardino VO-256-REV Sourcewell Quote ID#3246HD
Ward:
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text.
SOURCE OF FUNDS:
AB2766 Air Quality
Budget Adjustment:
No
The total cost for the purchase of one (1)
Freightliner 114SD Plus Versalift forestry
truck is $370,496.74. With contingency,
potentially $389,021.58. Funding is available
in the AB2766 Air Quality Fund (Fund 111).
No General Fund dollars are required for this
purchase.
For Fiscal Year: 25/26
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All Wards
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Synopsis of Previous Council Actions:
N/A
CC: Eric Levitt, City Manager
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1 GOODS PURCHASE AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND
72 HOUR LLC, dba NATIONAL AUTO FLEET GROUP
This Cooperative Goods Purchase Agreement (“Agreement”) is entered into as of December 17, 2025 (“Effective Date”), by and between the City of San Bernardino, a charter city and municipal corporation organized under the laws of the State of California (“City”), and 72 Hour LLC, dba National Auto Fleet Group, located at 490 Auto Center Drive, Watsonville, CA 95076 (“Supplier”). City and Supplier are individually referred to as a “Party” and collectively as the “Parties.”
RECITALS
A. The City has a need for the purchase of two (2) aerial forestry trucks (Freightliner 114SD Plus Chassis with Versalift VO-256-REV Bodies) for use by the Public Works Department (“Goods”).
B. Sourcewell issued a public solicitation identified as RFP #032824 – Class 4-8 Chassis and Cabs with Related Equipment, Accessories, and Services, through which Supplier was awarded a cooperative contract (the “Master Agreement”).
C. Public Contract Code Section 10298(a) and Article V, Section 5.5 of the City’s Purchasing Policy and Procedure Guide authorize the City to utilize cooperative purchasing agreements with other public agencies when determined to be in the City’s best interest.
D. The City desires to procure the Goods under Sourcewell Contract No. 032824- NAF, as permitted under the Master Agreement, subject to the City’s terms and conditions herein.
AGREEMENT
Section 1. D
EFINITIONS.
A. “Goods” means all machinery, equipment, supplies, items, parts, materials, and related services, including design, configuration, installation, integration, or other support services, provided by Supplier as specified in Exhibit A (Goods and Specifications), attached hereto and incorporated herein by reference.
B. “Delivery Date(s)” means the date or dates upon which the Goods are to be delivered to City, ready for inspection, testing, and/or use, as specified in Exhibit B (Delivery Schedule), attached hereto and incorporated herein by reference.
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2 Section 2. MATERIALS AND WORKMANSHIP.
When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without City ’s written approval.
Machinery, equipment or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, City will decide the question of equality. When requested by City, Supplier will furnish City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Goods . Material samples will be submitted at City’s request.
Section 3. I
NSPECTIONS AND TESTS.
City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject the Goods or exercise any of its rights under Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods, irrespective of City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof.
Section 4. W
ARRANTY.
A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material , and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by City as required for final payment under Section 7. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards.
B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. City ’s inspection, testing, approval, or acceptance of any such machinery, equipment , or process will not relieve Supplier of its obligations under this Section 4.B.
C. For any breach of the warranties contained in Section 4.A and Section 4.B, Supplier will, immediately after receiving notice from City , at the option of City, and at Supplier’s own expense and without cost to City:
1. Repair the defective Goods;
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3 2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or
3. Repay to City the purchase price of the defective Goods.
If City selects repair or replacement, any defects will be remedied without cost to City, including but not limited to, the costs of removal, repair , and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that are so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to City.
D. Supplier also warrants that the Goods are free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties.
E. In the event of a breach by Supplier of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4, but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code.
Section 5. P
RICES.
Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City . No extra charges of any kind will be allowed unless specifically agreed to in writing by City ’s authorized representative. The total price shall include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination.
Section 6. C
HANGES.
City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications.
If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be authorized by a change order document signed by City and accepted by Supplier.
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4 Section 7. PAYMENTS.
A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods.
B. If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods will be made as the requirements of such Progress Milestones are met.
Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “B.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “B” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “B” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle.
C. Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier’s expense.
D. Payment of the final Progress Milestone payment or any retention will be made by City upon:
1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress Milestone;
2. Written acceptance of the Goods by City;
3. Delivery of all drawings and specifications, if required by City;
4. Delivery of executed full releases of any and all liens arising out of this Agreement; and
5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim , or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full.
If any person refuses to furnish an actual release or receipt in full, Supplier may
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5 furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City.
E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section 7.D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement.
Section 8. SCHEDULE FOR DELIVERY.
A. The time of Supplier ’s performance is of the essence for this Agreement.
The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of $1 per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled deliver y date(s) specified in Exhibit “B.”
B. In the event that the Goods are part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that City can maximize the efficient completion of such project(s).
Section 9. TAXES.
A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement.
B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld.
C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods, such as and including ad valorem, use, personal property and inventory taxes, will be the responsibility of Supplier.
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6 D. Supplier will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder.
Section 10. INDEPENDENT CONTRACTOR.
Supplier enters into this Agreement as an independent contractor and not as an employee of City . Supplier shall have no power or authority by this Agreement to bind City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of City . City shall not be obligated in any way to pay any w age claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement.
Section 11. S
UBCONTRACTS.
Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods . Except for the insurance requirements in Section 14.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City.
Section 12. T
ITLE AND RISK OF LOSS.
Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of City . Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier , then City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods but which does not become a part of the Goods.
Section 13. INDEMNIFICATION.
A. Supplier shall defend, indemnify and hold the City , its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials,
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7 officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City.
B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents , or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against City or its officials, officers, employees, agents , or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimb urse City and its officials, officers, employees, agents , and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City , its officials, officers, employees, agents or volunteers.
Section 14. I
NSURANCE.
A. General. Supplier shall take out and maintain:
1. Commercial General Liability Insura nce, of at least $2,000,000 per occurrence/ $4 ,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01;
2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non- owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto);
3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and
4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials.
5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000.
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8 6. Privacy/Network Security (Cyber Liability), of at least $1,000,000 per occurrence and aggregate for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The policies required under this Section shall give City, its officials, officers, employees, agents or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self - insurance or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss, and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limi ts of liability.
Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shal l be provided to the parties required to be named as additional insured pursuant to this Agreement.
C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.
D. Evidence of Insurance. Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods.
Section 15. LIENS.
A. Supplier, subcontractors and suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods , for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and
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9 Supplier, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant.
B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims.
Section 16. T
ERMINATION OF AGREEMENT BY CITY.
A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Supplier . In such case Supplier will not be entitled to receive any further payments until the Goods are delivered.
If City’s cost of obtaining the Goods , including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City.
B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier . Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Supplier , and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated.
C. On receipt of notice under Section 16.B, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise,
1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods,
2. Unless otherwise directed by City , make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and
3. Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant, and equipment at the Goods site or in transit to the Goods site.
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10 D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to Section 7.C.
Section 17. FORCE MAJEURE
A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event.
B. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.
C. In the event of any such excused interference with shipments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement.
Section 18. M
ISCELLANEOUS PROVISIONS.
A. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Lynn Merrill,
Director of Public Works
SUPPLIER:
72 Hour LLC dba National Auto Fleet
Group
490 Auto Center Drive
Watsonville, CA 95076
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11 With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval.
Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.
C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.
D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
E. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.
G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees.
H. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.
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12 I. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
J. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party.
K. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
L. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
M. City’s Right to Employ Other Supplier s. City reserves its right to employ other contractors in connection with the Goods.
N. Entire Agreement . This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing.
O. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]
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13 SIGNATURE PAGE FOR
GOODS PURCHASE AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND
72 HOUR LLC, dba NATIONAL AUTO FLEET GROUP
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Eric Levitt
City Manager
ATTESTED BY:
Telicia Lopez
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
72 HOUR LLC, dba NATIONAL AUTO
FLEET GROUP
Signature
Name
Title
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14 EXHIBIT A
GOODS SPECIFICATIONS
This Exhibit A describes the Goods to be provided by National Auto Fleet Group (“Supplier”) pursuant to the City’s utilization of Sourcewell Contract No. 032824-NAF.
The Goods consist of two (2) new, unused 2026 Freightliner 114SD Plus chassis with Versalift VO -256-REV aerial forestry bodies and related components, furnished and installed in accordance with the specifications and terms set forth in Supplier’s Quote ID# 3246HD (attached as Exhibit C) and incorporated herein by reference.
All Goods shall be new, of current model year production, and delivered complete, operational, and compliant with all applicable ANSI, OSHA, and California emission and safety regulations.
The total compensation under this Goods Purchase Agreement shall not exceed Three Hundred Seventy Thousand Four Hundred Ninety -Six Dollars and Seventy- Four Cents ($370,496.74). A contingency in the amount of Eighteen Thousand Five Hundred Twenty-Four Dollars and Eighty-Four Cents ($18,524.84) is authorized for unforeseen needs, adjustments, or related costs associated with the purchase.
With this contingency, the total not -to-exceed amount is Three Hundred Eighty - Nine Thousand Twenty -One Dollars and Fifty -Eight Cents ($389,021.58). Use of contingency funds requires prior written approval from the City’s Project Manager or designee
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15 EXHIBIT B
DELIVERY SCHEDULE
Supplier shall deliver the Goods described in Exhibit A within _550___ calendar days after receipt of order and chassis delivery, as confirmed by Public Works.
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1 EXHIBIT C
FEE SCHEDULE
[ATTACHED]
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032824-NAF
Rev. 3/2022 1
Solicitation Number: RFP #032824
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and 72 Hour LLC, dba National Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Class 4-8 Chassis and Cabs with Related Equipment, Accessories, and Services from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
EXPIRATION DATE AND EXTENSION. This Contract expires July 9, 2028, unless it is cancelled sooner pursuant to Article 22. This Contract allows up to three additional one-year extensions upon the request of Sourcewell and written agreement by Supplier. Sourcewell retains the right to consider additional extensions beyond seven years as required under exceptional circumstances.
B. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
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A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
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A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
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x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized
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subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.
Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
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A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).
The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted
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price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.
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D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
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b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.
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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms
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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Supplier’s professional services required under this Contract.
Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate
6. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
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Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.
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Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with
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the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
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Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and
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records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.
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R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell 72 Hour LLC, dba National Auto Fleet Group
By: __________________________ By: __________________________ Jeremy Schwartz Jesse Cooper
Title: Chief Procurement Officer Title: National Fleet Manager
Date: ________________________
Date: ________________________
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Packet Page. 239
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Bid Number: RFP 032824 Vendor Name: 72 HOUR LLC
Packet Page. 240
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City of San Bernardino
EXEMPT PURCHASE JUSTIFICATION FORM
Finance Department
Purchasing Division
Updated June 2025 Page 1 of 2
SECTION 1: GENERAL INFORMATION
VENDOR NAME: ITEM DESCRIPTION:
SECTION 2: FORMS OF EXEMPT PURCHASES
This form documents purchases exempt from competitive bidding under San Bernardino Municipal Code Section 3.04. All exemptions require written justification, appropriate documentation, and approval at the designated authorization level. A current quote showing scope, pricing, and duration must be attached. Select the applicable exemption type below.
SOLE/SINGLE SOURCE: Only one supplier can reasonably meet the department’s needs due to proprietary technology, required compatibility with existing systems, standardization, or a demonstrated track record of successful performance. Written justification and market research are required. ▪ Must demonstrate proprietary technology, exclusive licensing, or specialized performance requirements. ▪ Price cannot be the sole factor in determining sole source status. ▪ Requires market research documentation to substantiate the claim. ➢ Complete all of Section 3 (Questions 3.1–3.4).
COOPERATIVE AGREEMENT/PIGGYBACK: Procurement is being made under a cooperative purchasing agreement, leveraging an existing government contract to secure competitive pricing.
CONTRACT SOURCE: _____________________________ CONTRACT NUMBER: ______________________ ▪ Requires verification from the Purchasing Division before use.
EMERGENCY PURCHASE (Defined under San Bernardino Municipal Code 3.04.070): An urgent, unforeseen situation requiring immediate action to prevent or mitigate threats to life, health, property, or essential public services.
▪ Approval Required: Must be reported to the City Manager and City Council.
GRANT-DIRECTED: A procurement mandated by the terms of a grant agreement, such as a required vendor, specific product, or purchasing method identified in the grant award or funding conditions. Requires review by Grants Management and/or Legal.
▪ Must cite specific grant language supporting the exemption. ➢ Attach a copy of the grant agreement or relevant excerpt. ➢ Complete Questions 3.1 and 3.3, if applicable.
CONFIDENTIAL PROCUREMENT (Limited to City Attorney & Human Resources): The procurement involves sensitive or legally protected information that cannot be publicly disclosed. ▪ Must be reviewed by the City Attorney’s Office for legal compliance. ➢ Attach a memo or other supporting documentation as applicable.
SECTION 3: JUSTIFICATION FOR EXEMPT PROCUREMENT
3.1 Why is the acquisition restricted to this good/service/supplier? ➢ Complete Section 5: Additional Comments. Provide justification with specific details of the emergency event/needs.
➢ Must provide purchasing with required back-up documents within 45 days of purchase. ➢ Complete Questions 3.1 and 3.3, if applicable.
National Auto Fleet Group
Purchase of Vehicles
#032824-NAF
Sourcewell
The acquisition is restricted to National Auto Fleet Group because the equipment is immediately available and fully configured to meet the City’s operational needs for forestry and vegetation management. The required Freightliner 114SD Plus trucks with Versalift VO-256-REV aerial forestry bodies precisely match the specifications established by Public Works for safe, efficient tree maintenance and debris handling.This supplier is the authorized dealer under Sourcewell Contract No. 032824-NAF, a competitively solicited cooperative agreement that satisfies all competitive bidding and compliance requirements. Utilizing this existing contract allows the City to secure the necessary equipment at pre-negotiated government pricing, avoid extended lead times associated with new formal solicitations, and ensure delivery of vehicles that align with established fleet standards and manufacturer warranty coverage. ✔
Docusign Envelope ID: 9895B8BD-134B-4F3B-A188-CCF0C73BA3AC
Packet Page. 248
City of San Bernardino
EXEMPT PURCHASE JUSTIFICATION FORM
Finance Department
Purchasing Division
Updated June 2025 Page 2 of 2
3.2 Describe the uniqueness of the purchase (why was the good/service/supplier chosen?)
3.3 What are the consequences of not purchasing the good/service or contracting with the proposed supplier?
3.4 Summarize the market research conducted, including efforts to identify alternatives and determine price reasonableness.
Include supplier contacts, past purchase comparisons, or explain if no search was carried out.
SECTION 4: AUTHORIZING SIGNATURES
By signing below, I certify that I am authorized to submit this request, that it complies with the City’s procurement policies and MC §3.04, and that the selected vendor meets all qualification, pricing, and regulatory requirements. I understand that purchases over $100,000 require City Council approval, regardless of exemption. _________________________________ _______________
Department Head Date
Approved
_______________ _________________________________
Purchasing Manager (Up to $50,000) Date
Not Approved
Approved
_________________________________ _______________
City Manager (Up to $100,000) Date
Not Approved
SECTION 5: ADDITIONAL COMMENTS
Failure to purchase this equipment would significantly impact Public Works’ ability to perform essential forestry operations, including tree trimming, removals, and emergency response following storms or roadway obstructions. The department’s existing units are beyond serviceable life and no longer reliable for daily field use. Without these replacements, crews would face extended downtime, reduced coverage citywide, and increased safety risks when working at height or clearing debris. Procuring comparable equipment elsewhere would further delay operations and hinder the department’s ability to meet service and safety standards.
Docusign Envelope ID: 9895B8BD-134B-4F3B-A188-CCF0C73BA3AC 11/25/2025
any agreement between the City and the vendor to obtain the required equipment.
This purchase is approved via a cooperative/piggyback agreement. As necessary, the department should work on establishing 11/26/2025
X
Packet Page. 249
National Auto Fleet Group
A Division of Chevrolet of Watsonville
490 Auto Center Drive, Watsonville, CA 95076
(855) 289-6572 • (831) 480-8497 Fax
Fl eet@N atio n a IAuto Fl eetG ro up .com
Contract Manager
HD
@NationalAutoFleetGroup.com
Office (855) 289-6572
Fax (831) 480-8497
RA.INII
Quote ID#3246HD
Chassis and Option
UCE Quote
Tax (8.75%)
CA Tire Fee
Total
This sourced item(s) is available under the Sourcewell (Formerly Known as NJPA) Contract 032824-NAF.
Please reference this Bid Number on all Purchase Orders.
Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call.
Sincerely,
$ 370,496.74
8/7/2025
Mr. Manuel Sanchez
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
Dear Manuel Sanchez ,
National Auto Fleet Group is pleased to quote the following sourced item(s) for your consideration. One (1) New/Unused (2026 Freightliner 114SD Plus, Cummins L9N 320 HP Engine, Allison 3000 RDS Transmission with Versalift VO-256-REV Body via Utility Crane Equipment ) and provided by Mr. Jerry Magee with Utility Crane Equipment , each for:
$ 186,600.00
$ 154,077.00
$ 29,809.24
$ 10.50
Contract Price
Packet Page. 250
QUOTATION
8/6/2025
National Auto Fleet Group
Jerry Magee
Quantity Model Description
1 VO-256-REV Versalift VO-256-REV, body, and accessories installed on chassis per 250711 Quote Letter
1 114SD Freightliner chassis
Note Estimated delivery 550 days after receipt of order, but not less than 150 days after receipt of chassis. Delivery of chassis earlier than 400 days after placing order does not guarantee earlier delivery. Subject to change based on
order intake and component manufacturer schedules.
Note Quote will expire on 09/06/2025. After this date please contact your sales representative for an updated quote.
Taxes: To be applied at time of invoice
Terms: As mutually agreed/OAC
Remit to: 8800 West Buckeye Road
Tolleson, AZ 85353
Due to significant increases from our suppliers over the past 12 months, Utility Crane & Equipment’s (UCE) quote contained herein is based upon current price quotations from our vendors, which often notify UCE of price increases due to their increases in labor and material costs and supply chain shortages. UCE has no control over these increases.
Accordingly, in the event that any individual part or component of a vehicle’s equipment, or if applicable freight charges increase by more than 1½%, irrespective of the above quotation, by accepting the above Quotation, customer agrees that UCE may increase its cost of the above vehicle to cover its increased costs. UCE agrees to provide supporting documentation to support any such price increase. Furthermore, as a result of supply chain shortages and delays by our suppliers, any promised delivery date of any vehicle ordered may itself be delayed; and UCE disclaims any liability for such delay. Customer’s acceptance of this Quote, even though evidenced by a separate Purchase Agreement, serves as Customer’s agreement to the above, and this language is hereby incorporated into any such separate Purchase Agreement; and, in the event of any conflict between the language of that Purchase Agreement and the foregoing language, the foregoing language shall control.
Date:
To:
Submitted by:
Utility Crane & Equipment
8800 West Buckeye Road
Tolleson, AZ 85353
AERIAL BASKETS - DIGGER DERRICKS - UNDERGROUND LINE & WATER LEAK LOCATORS We submit for your consideration and acceptance the following equipment and prices:
Quote Number
250711
(866) 832-4831
Packet Page. 251
Utility Crane & Equipment
8800 West Buckeye Road
Tolleson, AZ 85353
(866) 832-4831
Date: 8/6/25
Quote: 250711
To: Manuel Sanchez
City of San Bernardino
We are pleased to quote the following VO-256-Reverse over-center articulating aerial device. Reverse mount, insulated 56 ft. (17.1 m) OverCenter, articulated aerial platform lift, including the items listed.
• Standard platform capacity of 350 lbs. (160 kg).
• Platform mounted full pressure 3-axis single stick controls (away from pedestal), including emergency stop and tool selector valve.
• Full pressure turret mounted controls with override.
• Engine start/stop from platform and lower controls.
• Continuous rotation including
• Start/stop.
• Seven gpm (26 lpm) open center hydraulic system with a 3000 psi (207 kg/cm2) operating pressure.
• Fiberglass upper boom tested per ANSI A92.2 for Category C, 46 KV and below. • Chassis insulating system (lower boom insert) providing 18 in. (0.61 m) insulation gap including accommodations to bridge insulation gap for testing per ANSI A92.2. • White urethane paint over a white gel coat on fiberglass upper boom and lower boom insert. • Two sets of hydraulic tool outlets at platform, including pressure limit. Quick disconnect fittings are not included.
• Two 1/2 in. (12.7 mm) diameter return lines.
• Round pedestal with integral A-frame outriggers with pivot feet, two control valves, and a selector valve. Includes control for dump body.
• Integral reservoir with a 25 gallon (94.6 l) capacity and dual sight gauges. • Closed 24 in. X 24 in. X 42 in. (0.61 m X 0.61 m X 1.07 m) platform with one inside/outside step. • Non-lube bearings used at all pivot points.
• Mounting hardware, boom stow cradle and ratchet type tie down strap. • Standard white urethane paint.
• Two operator’s manuals and two service manuals.
• ANSI A92.2 certification and data plate.
• Two Slope Indicators with decals.
• Backup pump for 12V chassis
• Full body harness and lanyard (extra-large) ARC Flash Rated • Manual platform tilt.
Packet Page. 252
Freightliner 114SD chassis
• Cummins L9N 320 HP
• 60DGE CNG fuel system
• Allsion 3000 RDS
• 14,600 lbs. GAWR front
• 21,000 lbs. GAWR rear
• 236-inch wheelbase
KFBS-1266 Forestry Body
• 147” Length, 95" Wide, 77" Height
• 18 yards Capacity
• Straight Body
• Single swing door with ladder box
• E-Coat Prime
• Factory Paint Exterior of Forestry Body Knap White
• Factory Paint Interior of Forestry Body Knap White
• Coal Tar Coating for 14' Forestry Body Interior
• Rear Camera Mounting Bracket Kit for Forestry Body
• Wheel Chocks & Brackets (2) & Mounting Kit
• ICC Bumper w/Pintle Ball Combo, 20,000 lb Max Gross Trailer Weight, 4,000 lb Max Tongue Weight
• 48"x18”x18” underbody box CS
• 48"x18”x18” underbody box SS
Installation to include
• Tree trimmer style cab guard with access ladder
• Class 40 dump hoist
• Eight (8) Whelen TMSOA LED Amber warning lights
o Two (2) installed in front grille of chassis
o Two (2) at upper front corners of cab guard
o Two (2) above rear wheels
o Two (2) at back of body
• Inverted cone holder at front bumper
• Outrigger pads & holders
• Two (2) Golights remote controlled work lights
• Traffic advisor at top rear of chipper box
Thank you for the opportunity to quote. Please call with any questions.
Regards,
Jerry Magee
(208) 741-2268
Packet Page. 253
Prepared For :
Karla Knudsen
SAN BERNARDINO CITY OF
290 North D Street
San Bernardino, CA 92401
UNITED STATES
Phone :909-384-5019 Ext 3038
Mobile:
E-Mail:
13800 VALLEY BLVD.
Prepared by:
Kurt Ranfranz
FONTANA, CA 92335
Phone :909-510-4403
VELOCITY TRUCK CENTERS-FONTANA
S P E C I F I C A T I O N P R O P O S A L
Data Code Weight Front Weight RearDescription
Price Level
PRL-29D SD PRL-29D (EFF:MY26 ORDERS)
Data Version
DRL-048 SPECPRO21 DATA RELEASE VER 048
Vehicle Configuration
001-177 7,934 6,476114SD PLUS CONVENTIONAL CHASSIS
004-226 2026 MODEL YEAR SPECIFIED
002-004 480 -480SET BACK AXLE - TRUCK
019-006 10 10TRAILER TOWING PROVISION AT END OF FRAME WITH SAE J560
003-001 LH PRIMARY STEERING LOCATION
General Service
AA1-003 TRUCK/TRAILER CONFIGURATION
AA6-001 DOMICILED, USA 50 STATES (INCLUDING CALIFORNIA
AND CARB OPT-IN STATES)
99D-024 NON DIESEL VEHICLES ONLY - CARB CERTIFIED AND
FOR INITIAL REGISTRATION IN 50 STATES, BUT NOT
SUBJECT TO CARB CLEAN IDLE REQUIREMENTS
AF2-013 DOMICILED CALIFORNIA
992-102 CARB ACT EXEMPT
A85-011 CONSTRUCTION SERVICE
A84-1CO CONSTRUCTION BUSINESS SEGMENT
AA4-003 DRY BULK COMMODITY
AA5-002 TERRAIN/DUTY: 100% (ALL) OF THE TIME, IN TRANSIT, IS
SPENT ON PAVED ROADS
AB1-008 MAXIMUM 8% EXPECTED GRADE
AB5-001 SMOOTH CONCRETE OR ASPHALT PAVEMENT - MOST
SEVERE IN-TRANSIT (BETWEEN SITES) ROAD SURFACE
City of San Bernardino 7-15-2025
Application Version 12.0.303
Data Version PRL-29D.048
08/06/2025
01:14 PM
Packet Page. 254
Prepared For :
Karla Knudsen
SAN BERNARDINO CITY OF
290 North D Street
San Bernardino, CA 92401
UNITED STATES
Phone :909-384-5019 Ext 3038
Mobile:
E-Mail:
13800 VALLEY BLVD.
Prepared by:
Kurt Ranfranz
FONTANA, CA 92335
Phone :909-510-4403
VELOCITY TRUCK CENTERS-FONTANA
Data Code Weight Front Weight RearDescription
995-1AE FREIGHTLINER LEVEL II WARRANTY
A66-99D EXPECTED FRONT AXLE(S) LOAD 14600.0 lbs
A68-99D EXPECTED REAR DRIVE AXLE(S) LOAD 21000.0 lbs
A63-99D EXPECTED GROSS VEHICLE WEIGHT CAPACITY 35600.0
lbs
A70-99D EXPECTED GROSS COMBINATION WEIGHT 55000.0 lbs
Truck Service
AA3-006 UTILITY BODY
AF3-2BM UTILITY TRUCK EQUIPMENT COMPANY
Engine
101-3FM -850 -70CUM L9N 320 HP @ 2000 RPM, 2200 GOV, N-GAS, 1000 LB-FT @ 1300 RPM, HHD
Electronic Parameters
79A-075 75 MPH ROAD SPEED LIMIT
79B-000 CRUISE CONTROL SPEED LIMIT SAME AS ROAD SPEED
LIMIT
79P-007 PTO RPM WITH CRUISE SET SWITCH - 1100 RPM
79Q-011 PTO RPM WITH CRUISE RESUME SWITCH - 1300 RPM
79U-001 PTO GOVERNOR RAMP RATE - 25 RPM PER SECOND
80G-015 PTO MINIMUM RPM - 800
80S-001 PTO 1, DASH SWITCH, STATIONARY OPERATION
Engine Equipment
99C-124 EPA 2010 GHG 2024/CARB 2024 ULTRALOW NOX
CONFIGURATION
13E-001 STANDARD OIL PAN
105-001 ENGINE MOUNTED OIL CHECK AND FILL
014-099 SIDE OF HOOD AIR INTAKE WITH FIREWALL MOUNTED
DONALDSON AIR CLEANER
City of San Bernardino 7-15-2025
Application Version 12.0.303
Data Version PRL-29D.048
08/06/2025
01:14 PM
Packet Page. 255
Prepared For :
Karla Knudsen
SAN BERNARDINO CITY OF
290 North D Street
San Bernardino, CA 92401
UNITED STATES
Phone :909-384-5019 Ext 3038
Mobile:
E-Mail:
13800 VALLEY BLVD.
Prepared by:
Kurt Ranfranz
FONTANA, CA 92335
Phone :909-510-4403
VELOCITY TRUCK CENTERS-FONTANA
Data Code Weight Front Weight RearDescription
124-1DJ 10DR 12V 160 AMP 36-SI BRUSHLESS QUADRAMOUNT PAD
ALTERNATOR WITH REMOTE BATTERY VOLT SENSE
292-236 (3) DTNA GENUINE, FLOODED STARTING, MIN 3000CCA, 555RC, THREADED STUD BATTERIES
290-017 BATTERY BOX FRAME MOUNTED
281-001 STANDARD BATTERY JUMPERS
282-001 SINGLE BATTERY BOX FRAME MOUNTED LH SIDE
UNDER CAB
291-017 WIRE GROUND RETURN FOR BATTERY CABLES WITH
ADDITIONAL FRAME GROUND RETURN
289-001 NON-POLISHED BATTERY BOX COVER
293-060 2NON-ESSENTIAL POSITIVE LOAD DISCONNECT,
LOCKING IN CAB CONTROL SWITCH MOUNTED
OUTBOARD OF DRIVER SEAT
295-029 2POSITIVE AND NEGATIVE POSTS FOR JUMPSTART
LOCATED ON FRAME NEXT TO STARTER
306-015 2PROGRESSIVE LOW VOLTAGE DISCONNECT AT 12.3
VOLTS FOR DESIGNATED CIRCUITS
107-032 CUMMINS TURBOCHARGED 18.7 CFM AIR
COMPRESSOR WITH INTERNAL SAFETY VALVE
152-041 ELECTRONIC ENGINE INTEGRAL SHUTDOWN
PROTECTION SYSTEM
128-998 NO RETARDER/ENGINE BRAKE
016-013 -160 -80SINGLE HORIZONTAL MUFFLER WITH HORIZONTAL
TAILPIPE EXHAUST, RH MOUNTED
28F-010 ENGINE AFTERTREATMENT WIRING, OXYGEN SENSOR
239-001 STANDARD EXHAUST SYSTEM LENGTH
237-052 RH STANDARD HORIZONTAL TAILPIPE
23U-998 -60 -35NO DIESEL EXHAUST FLUID TANK
242-998 -10NO MUFFLER/TAILPIPE SHIELD
273-058 AIR POWERED ON/OFF ENGINE FAN CLUTCH
276-001 AUTOMATIC FAN CONTROL WITHOUT DASH SWITCH,
NON ENGINE MOUNTED
City of San Bernardino 7-15-2025
Application Version 12.0.303
Data Version PRL-29D.048
08/06/2025
01:14 PM
Packet Page. 256
Prepared For :
Karla Knudsen
SAN BERNARDINO CITY OF
290 North D Street
San Bernardino, CA 92401
UNITED STATES
Phone :909-384-5019 Ext 3038
Mobile:
E-Mail:
13800 VALLEY BLVD.
Prepared by:
Kurt Ranfranz
FONTANA, CA 92335
Phone :909-510-4403
VELOCITY TRUCK CENTERS-FONTANA
Data Code Weight Front Weight RearDescription
110-017 CUMMINS SUPPLIED FLEETGUARD COALESCING
FILTER (LOW PRESSURE) CNG
118-008 COMBINATION FULL FLOW/BYPASS OIL FILTER
120-998 -10NO COOLANT FILTER
266-017 -201300 SQUARE INCH ALUMINUM RADIATOR
103-039 ANTIFREEZE TO -34F, OAT (NITRITE AND SILICATE
FREE) EXTENDED LIFE COOLANT
171-007 GATES BLUE STRIPE COOLANT HOSES OR EQUIVALENT
172-001 CONSTANT TENSION HOSE CLAMPS FOR COOLANT
HOSES
270-016 RADIATOR DRAIN VALVE
155-055 -45DELCO 12V 39MT HD/OCP STARTER WITH THERMAL
PROTECTION AND INTEGRATED MAGNETIC SWITCH
Transmission
342-582 ALLISON 3000 RDS AUTOMATIC TRANSMISSION WITH
PTO PROVISION
Transmission Equipment
343-339 ALLISON VOCATIONAL PACKAGE 223 - AVAILABLE ON
3000/4000 PRODUCT FAMILIES WITH VOCATIONAL
MODELS RDS, HS, MH AND TRV
84B-002 ALLISON VOCATIONAL RATING FOR CONCRETE MIXER
APPLICATIONS ONLY AVAILABLE WITH 3000 PRODUCT
FAMILIES
84C-023 PRIMARY MODE GEARS, LOWEST GEAR 1, START GEAR
1, HIGHEST GEAR 6, AVAILABLE FOR 3000/4000
PRODUCT FAMILIES ONLY
84D-023 SECONDARY MODE GEARS, LOWEST GEAR 1, START
GEAR 1, HIGHEST GEAR 6, AVAILABLE FOR 3000/4000
PRODUCT FAMILIES ONLY
84E-000 PRIMARY SHIFT SCHEDULE RECOMMENDED BY DTNA
AND ALLISON, THIS DEFINED BY ENGINE AND
VOCATIONAL USAGE
84F-000 SECONDARY SHIFT SCHEDULE RECOMMENDED BY
DTNA AND ALLISON, THIS DEFINED BY ENGINE AND
VOCATIONAL USAGE
84G-000 PRIMARY SHIFT SPEED RECOMMENDED BY DTNA AND
ALLISON, THIS DEFINED BY ENGINE AND VOCATIONAL
USAGE
City of San Bernardino 7-15-2025
Application Version 12.0.303
Data Version PRL-29D.048
08/06/2025
01:14 PM
Packet Page. 257
Prepared For :
Karla Knudsen
SAN BERNARDINO CITY OF
290 North D Street
San Bernardino, CA 92401
UNITED STATES
Phone :909-384-5019 Ext 3038
Mobile:
E-Mail:
13800 VALLEY BLVD.
Prepared by:
Kurt Ranfranz
FONTANA, CA 92335
Phone :909-510-4403
VELOCITY TRUCK CENTERS-FONTANA
Data Code Weight Front Weight RearDescription
84H-000 SECONDARY SHIFT SPEED RECOMMENDED BY DTNA
AND ALLISON, THIS DEFINED BY ENGINE AND
VOCATIONAL USAGE
84J-000 ENGINE BRAKE RANGE PRESELECT RECOMMENDED
BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND
VOCATIONAL USAGE
84K-002 2ND GEAR ENGINE BRAKE ALTERNATE PRESELECT
WITH MODERATE DOWNSHIFT STRATEGY
84N-004 FUEL SENSE 2.0 PLUS - DYNACTIVE: PERFORMANCE,
NEUTRAL AT STOP: ACTIVE
84U-000 DRIVER SWITCH INPUT - DEFAULT - NO SWITCHES
84V-001 DIRECTION CHANGE ENABLED WITH MULTIPLEXED
SERVICE BRAKES - ALLISON 5TH GEN TRANSMISSIONS
85E-011 MAXIMUM ENGINE SPEED FOR PTO ENGAGEMENT 1000
RPM
353-075 QUICKFIT BODY LIGHTING CONNECTOR AT END OF
FRAME, WITH CAP
34C-011 ELECTRONIC TRANSMISSION WIRING TO CUSTOMER
INTERFACE CONNECTOR
362-2JT CUSTOMER INSTALLED CHELSEA 281 SERIES PTO
363-001 PTO MOUNTING, LH SIDE OF MAIN TRANSMISSION
ALLISON
341-018 MAGNETIC PLUGS, ENGINE DRAIN, TRANSMISSION
DRAIN, AXLE(S) FILL AND DRAIN
345-078 HEAVY DUTY ELECTRONIC TRANSMISSION SHIFT
CONTROL, COLUMN MOUNTED
97G-004 TRANSMISSION PROGNOSTICS - ENABLED 2013
370-015 -15WATER TO OIL TRANSMISSION COOLER, IN RADIATOR
END TANK
346-003 TRANSMISSION OIL CHECK AND FILL WITH
ELECTRONIC OIL LEVEL CHECK
35T-001 SYNTHETIC TRANSMISSION FLUID (TES-295
COMPLIANT)
Front Axle and Equipment
400-1A8 10DETROIT DA-F-14.7-3 14,700# FF1 71.5 KPI/3.74 DROP
SINGLE FRONT AXLE
402-049 MERITOR 16.5X5 Q+ CAST SPIDER CAM FRONT BRAKES,
DOUBLE ANCHOR, FABRICATED SHOES
403-002 NON-ASBESTOS FRONT BRAKE LINING
City of San Bernardino 7-15-2025
Application Version 12.0.303
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08/06/2025
01:14 PM
Packet Page. 258
Prepared For :
Karla Knudsen
SAN BERNARDINO CITY OF
290 North D Street
San Bernardino, CA 92401
UNITED STATES
Phone :909-384-5019 Ext 3038
Mobile:
E-Mail:
13800 VALLEY BLVD.
Prepared by:
Kurt Ranfranz
FONTANA, CA 92335
Phone :909-510-4403
VELOCITY TRUCK CENTERS-FONTANA
Data Code Weight Front Weight RearDescription
419-014 -60MERITOR STEELLITE X30 FRONT BRAKE DRUMS
427-001 5FRONT BRAKE DUST SHIELDS
409-006 FRONT OIL SEALS
408-001 VENTED FRONT HUB CAPS WITH WINDOW, CENTER
AND SIDE PLUGS - OIL
416-022 STANDARD SPINDLE NUTS FOR ALL AXLES
405-002 MERITOR AUTOMATIC FRONT SLACK ADJUSTERS
406-001 STANDARD KING PIN BUSHINGS
536-012 40TRW TAS-85 POWER STEERING
539-003 POWER STEERING PUMP
534-015 2 QUART SEE THROUGH POWER STEERING
RESERVOIR
40T-001 MINERAL SAE 80/90 FRONT AXLE LUBE
Front Suspension
620-003 25014,600# FLAT LEAF FRONT SUSPENSION
619-004 GRAPHITE BRONZE BUSHINGS WITH SEALS - FRONT
SUSPENSION
410-998 -30NO FRONT SHOCK ABSORBERS
Rear Axle and Equipment
420-051 -2,270MERITOR RS-23-160 23,000# R-SERIES SINGLE REAR AXLE
421-538 5.38 REAR AXLE RATIO
424-001 IRON REAR AXLE CARRIER WITH STANDARD AXLE
HOUSING
386-073 20 20MXL 17T MERITOR EXTENDED LUBE MAIN DRIVELINE
WITH HALF ROUND YOKES
423-033 MERITOR 16.5X7 Q+ CAST SPIDER HEAVY DUTY CAM
REAR BRAKES, DOUBLE ANCHOR, FABRICATED SHOES
433-002 NON-ASBESTOS REAR BRAKE LINING
City of San Bernardino 7-15-2025
Application Version 12.0.303
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08/06/2025
01:14 PM
Packet Page. 259
Prepared For :
Karla Knudsen
SAN BERNARDINO CITY OF
290 North D Street
San Bernardino, CA 92401
UNITED STATES
Phone :909-384-5019 Ext 3038
Mobile:
E-Mail:
13800 VALLEY BLVD.
Prepared by:
Kurt Ranfranz
FONTANA, CA 92335
Phone :909-510-4403
VELOCITY TRUCK CENTERS-FONTANA
Data Code Weight Front Weight RearDescription
434-011 BRAKE CAMS AND CHAMBERS ON FORWARD SIDE OF
DRIVE AXLE(S)
451-001 -10CAST IRON OUTBOARD REAR BRAKE DRUMS
440-006 REAR OIL SEALS
426-100 -20WABCO TRISTOP D LONGSTROKE 1-DRIVE AXLE
SPRING PARKING CHAMBERS
428-002 MERITOR AUTOMATIC REAR SLACK ADJUSTERS
41T-002 CURRENT AVAILABLE SYNTHETIC 75W-90 REAR AXLE
LUBE
42T-001 STANDARD REAR AXLE BREATHER(S)
Rear Suspension
622-1MG 3021,000# 52 INCH VARIABLE RATE MULTI-LEAF SPRING
REAR SUSPENSION WITH LEAF SPRING HELPER
621-001 SPRING SUSPENSION - NO AXLE SPACERS
431-001 STANDARD AXLE SEATS IN AXLE CLAMP GROUP
Pusher / Tag Equipment
429-998 NO PUSHER/TAG BRAKE DUST SHIELDS
Brake System
490-121 WABCO 4S/4M ABS WITH TRACTION CONTROL
871-001 REINFORCED NYLON, FABRIC BRAID AND WIRE BRAID
CHASSIS AIR LINES
904-001 FIBER BRAID PARKING BRAKE HOSE
412-001 STANDARD BRAKE SYSTEM VALVES
46D-002 STANDARD AIR SYSTEM PRESSURE PROTECTION
SYSTEM
413-002 STD U.S. FRONT BRAKE VALVE
432-003 RELAY VALVE WITH 5-8 PSI CRACK PRESSURE, NO
REAR PROPORTIONING VALVE
480-088 WABCO SYSTEM SAVER HP WITH INTEGRAL AIR
GOVERNOR AND HEATER
479-015 AIR DRYER FRAME MOUNTED
City of San Bernardino 7-15-2025
Application Version 12.0.303
Data Version PRL-29D.048
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01:14 PM
Packet Page. 260
Prepared For :
Karla Knudsen
SAN BERNARDINO CITY OF
290 North D Street
San Bernardino, CA 92401
UNITED STATES
Phone :909-384-5019 Ext 3038
Mobile:
E-Mail:
13800 VALLEY BLVD.
Prepared by:
Kurt Ranfranz
FONTANA, CA 92335
Phone :909-510-4403
VELOCITY TRUCK CENTERS-FONTANA
Data Code Weight Front Weight RearDescription
460-001 STEEL AIR BRAKE RESERVOIRS
477-001 PULL CABLE ON WET TANK, PETCOCK DRAIN VALVES
ON ALL OTHER AIR TANKS
Trailer Connections
481-998 NO TRAILER AIR HOSE
476-998 NO AIR HOSE HANGER
914-021 PLUGGED AIR CONNECTIONS AT END OF FRAME
296-010 PRIMARY CONNECTOR/RECEPTACLE WIRED FOR
SEPARATE STOP/TURN, ABS CENTER PIN POWERED
THROUGH IGNITION
308-020 SUPPLEMENTAL TRAILER WIRING WITH CENTER PIN
IGNITION
303-025 SAE J560 7-WAY PRIMARY TRAILER CABLE
RECEPTACLE MOUNTED END OF FRAME
334-003 SUPPLEMENTAL ISO 3731 7-WAY RECEPTACLE
LOCATED WITH PRIMARY RECEPTACLE END OF FRAME
310-998 NO TRAILER ELECTRICAL CABLE
Wheelbase & Frame
545-600 6000MM (236 INCH) WHEELBASE
546-100 450 -9011/32X3-1/2X10-3/16 INCH STEEL FRAME
(8.73MMX258.8MM/0.344X10.19 INCH) 120KSI
552-054 2275MM (90 INCH) REAR FRAME OVERHANG
55W-008 -30 130FRAME OVERHANG RANGE: 81 INCH TO 90 INCH AC8-99D CALC'D BACK OF CAB TO REAR SUSP C/L (CA) 170.67 in AE8-99D CALCULATED EFFECTIVE BACK OF CAB TO REAR
SUSPENSION C/L (CA) 167.67 in
AE4-99D CALC'D FRAME LENGTH - OVERALL 355.94 in
FSS-0LH CALCULATED FRAME SPACE LH SIDE 251.48 in
FSS-0RH CALCULATED FRAME SPACE RH SIDE 178.86 in
AM6-99D CALC'D SPACE AVAILABLE FOR DECKPLATE 0.0 in
City of San Bernardino 7-15-2025
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01:14 PM
Packet Page. 261
Prepared For :
Karla Knudsen
SAN BERNARDINO CITY OF
290 North D Street
San Bernardino, CA 92401
UNITED STATES
Phone :909-384-5019 Ext 3038
Mobile:
E-Mail:
13800 VALLEY BLVD.
Prepared by:
Kurt Ranfranz
FONTANA, CA 92335
Phone :909-510-4403
VELOCITY TRUCK CENTERS-FONTANA
Data Code Weight Front Weight RearDescription
553-001 SQUARE END OF FRAME
550-001 FRONT CLOSING CROSSMEMBER
559-001 STANDARD WEIGHT ENGINE CROSSMEMBER
562-001 STANDARD MIDSHIP #1 CROSSMEMBER(S)
572-001 STANDARD REARMOST CROSSMEMBER
565-001 STANDARD SUSPENSION CROSSMEMBER
Chassis Equipment
556-1E7 125 -1514 INCH PAINTED STEEL SEVERE DUTY BUMPER 557-002 10LOOP STEP MOUNTED BELOW BUMPER
558-070 15REMOVABLE FRONT TOW/RECOVERY DEVICE,STORED
ON CHASSIS FRAME
574-001 BUMPER MOUNTING FOR SINGLE LICENSE PLATE
585-998 NO MUDFLAP BRACKETS
590-998 NO REAR MUDFLAPS
551-002 HUCK-SPIN ROUND COLLAR CHASSIS FASTENERS
44Z-002 EXTERIOR HARNESSES WRAPPED IN ABRASION TAPE
607-001 CLEAR FRAME RAILS FROM BACK OF CAB TO FRONT
REAR SUSPENSION BRACKET, BOTH RAILS OUTBOARD
Fifth Wheel
578-998 NO FIFTH WHEEL
Fuel Tanks
206-201 PREP FOR CUSTOMER FURNISHED CNG SYSTEM
204-998 -85 -20NO LH FUEL TANK
230-801 CUSTOMER FURNISHED AND INSTALLED BACK OF CAB
CNG FUEL TANK PACKAGE
664-001 PLAIN STEP FINISH
City of San Bernardino 7-15-2025
Application Version 12.0.303
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01:14 PM
Packet Page. 262
Prepared For :
Karla Knudsen
SAN BERNARDINO CITY OF
290 North D Street
San Bernardino, CA 92401
UNITED STATES
Phone :909-384-5019 Ext 3038
Mobile:
E-Mail:
13800 VALLEY BLVD.
Prepared by:
Kurt Ranfranz
FONTANA, CA 92335
Phone :909-510-4403
VELOCITY TRUCK CENTERS-FONTANA
Data Code Weight Front Weight RearDescription
220-803 5COOLANT HOSES ONLY ROUTED TO BACK OF CAB FOR
CUSTOMER INSTALLED NATURAL GAS FUEL HEAT
122-998 NO FUEL/WATER SEPARATOR
216-801 CNG, LNG, OR PROPANE INCOMPLETE FUEL LINES FOR
TRANSPORT PURPOSES ONLY
202-020 STAINLESS STEEL AND SYNTHETIC RUBBER FLEXIBLE
FUEL LINES - NATURAL GAS SERVICE
Tires
093-2JC 74GOODYEAR G751 MSA 12R22.5 16 PLY RADIAL FRONT TIRES
094-0JT 88GOODYEAR G182 RSD 11R22.5 14 PLY RADIAL REAR
TIRES
Hubs
418-060 CONMET PRESET PLUS PREMIUM IRON FRONT HUBS
450-060 CONMET PRESET PLUS PREMIUM IRON REAR HUBS
Wheels
502-433 66ACCURIDE 29039 22.5X9.00 10-HUB PILOT 5.25 INSET 5-
HAND STEEL DISC FRONT WHEELS
505-428 52ACCURIDE 28828 22.5X8.25 10-HUB PILOT 2-HAND HD
STEEL DISC REAR WHEELS
496-011 FRONT WHEEL MOUNTING NUTS
497-011 REAR WHEEL MOUNTING NUTS
Cab Exterior
829-1A2 114 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL
CAB
650-008 AIR CAB MOUNTING
705-012 2CAB ROOF REINFORCEMENTS FOR ROOF MOUNTED
COMPONENTS
648-002 NONREMOVABLE BUGSCREEN MOUNTED BEHIND
GRILLE
667-004 FRONT FENDERS SET-BACK AXLE
678-067 SAFETY YELLOW LH AND RH INTERIOR GRAB HANDLES
AND LH AND RH EXTERIOR GRAB HANDLES WITH
SINGLE RUBBER INSERT
City of San Bernardino 7-15-2025
Application Version 12.0.303
Data Version PRL-29D.048
08/06/2025
01:14 PM
Packet Page. 263
Prepared For :
Karla Knudsen
SAN BERNARDINO CITY OF
290 North D Street
San Bernardino, CA 92401
UNITED STATES
Phone :909-384-5019 Ext 3038
Mobile:
E-Mail:
13800 VALLEY BLVD.
Prepared by:
Kurt Ranfranz
FONTANA, CA 92335
Phone :909-510-4403
VELOCITY TRUCK CENTERS-FONTANA
Data Code Weight Front Weight RearDescription
646-041 STATIONARY BLACK GRILLE
65X-004 BLACK HOOD MOUNTED AIR INTAKE GRILLE
644-004 FIBERGLASS HOOD
652-001 FREIGHTLINER NAME PLATES
690-017 5HOOD LINER, ADDED FIREWALL AND FLOOR HEAT
INSULATION
727-1AF SINGLE 14 INCH ROUND HADLEY AIR HORN UNDER LH
DECK
726-002 DUAL ELECTRIC HORNS
575-001 REAR LICENSE PLATE MOUNT END OF FRAME
312-068 HALOGEN COMPOSITE HEADLAMPS WITH BLACK
BEZELS
302-047 LED AERODYNAMIC MARKER LIGHTS
311-001 DAYTIME RUNNING LIGHTS
294-1AY INTEGRAL LED STOP/TAIL/BACKUP LIGHTS
300-015 STANDARD FRONT TURN SIGNAL LAMPS
318-1AD SWITCH, INDICATOR LIGHT AND APPROXIMATELY 10
FEET OF WIRE ON CHASSIS LH AT BACK OF CAB FOR
CUSTOMER FURNISHED UTILITY LIGHT(S)
744-1BK DUAL WEST COAST MOLDED-IN COLOR HEATED
MIRRORS WITH LH AND RH REMOTE
797-001 DOOR MOUNTED MIRRORS
796-001 102 INCH EQUIPMENT WIDTH
743-1AP LH AND RH 8 INCH MOLDED-IN COLOR CONVEX
MIRRORS M0UNTED UNDER PRIMARY MIRRORS
74A-001 RH DOWN VIEW MIRROR
729-001 STANDARD SIDE/REAR REFLECTORS
768-043 63X14 INCH TINTED REAR WINDOW
661-004 TINTED DOOR GLASS LH AND RH WITH TINTED
OPERATING WING WINDOWS
City of San Bernardino 7-15-2025
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Prepared For :
Karla Knudsen
SAN BERNARDINO CITY OF
290 North D Street
San Bernardino, CA 92401
UNITED STATES
Phone :909-384-5019 Ext 3038
Mobile:
E-Mail:
13800 VALLEY BLVD.
Prepared by:
Kurt Ranfranz
FONTANA, CA 92335
Phone :909-510-4403
VELOCITY TRUCK CENTERS-FONTANA
Data Code Weight Front Weight RearDescription
654-011 RH AND LH ELECTRIC POWERED WINDOWS
663-013 1-PIECE SOLAR GREEN GLASS WINDSHELD
659-007 8 LITER (2 GAL) WINDSHIELD WASHER RESERVOIR, CAB
MOUNTED, WITHOUT FLUID LEVEL INDICATOR
647-001 2WHITE WINTERFRONT
Cab Interior
055-019 RUGGED TRIM PACKAGE
707-107 GRAY & CARBON VINYL INTERIOR "RUGGED"
70K-020 CARBON WITH PREMIUM GUNMETAL ACCENT
(RUGGED)
706-013 MOLDED DOOR PANEL
708-013 MOLDED PLASTIC DOOR PANEL
772-006 BLACK MATS WITH SINGLE INSULATION
785-026 (1)DASH MOUNTED 12V POWER OUTLET, (1)DASH
MOUNTED DUAL USB-C OUTLET
691-001 FORWARD ROOF MOUNTED CONSOLE
693-019 LH AND RH DOOR STORAGE POCKETS INTEGRATED
INTO MOLDED DOOR PANELS
738-021 DIGITAL ALARM CLOCK IN DRIVER DISPLAY
742-007 (2) CUP HOLDERS LH AND RH DASH
680-029 M2/SD DASH
720-003 105 LB. FIRE EXTINGUISHER
71T-002 10METHANE DETECTION SYSTEM WITH (1) SENSOR IN
CAB AND (1) SENSOR IN ENGINE COMPARTMENT
700-002 HEATER, DEFROSTER AND AIR CONDITIONER
701-001 STANDARD HVAC DUCTING
703-005 MAIN HVAC CONTROLS WITH RECIRCULATION SWITCH
City of San Bernardino 7-15-2025
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Prepared For :
Karla Knudsen
SAN BERNARDINO CITY OF
290 North D Street
San Bernardino, CA 92401
UNITED STATES
Phone :909-384-5019 Ext 3038
Mobile:
E-Mail:
13800 VALLEY BLVD.
Prepared by:
Kurt Ranfranz
FONTANA, CA 92335
Phone :909-510-4403
VELOCITY TRUCK CENTERS-FONTANA
Data Code Weight Front Weight RearDescription
170-015 STANDARD HEATER PLUMBING
130-041 VALEO HEAVY DUTY A/C REFRIGERANT COMPRESSOR
702-002 BINARY CONTROL, R-134A
739-034 PREMIUM INSULATION
285-013 SOLID-STATE CIRCUIT PROTECTION AND FUSES
280-007 12V NEGATIVE GROUND ELECTRICAL SYSTEM
324-1B2 PREMIUM LED CAB LIGHTING
787-998 NO SECURITY DEVICE
657-001 DOOR LOCKS AND IGNITION SWITCH KEYED THE SAME
78G-006 KEY QUANTITY OF 6
655-005 LH AND RH ELECTRIC DOOR LOCKS
740-998 -20 -15NO MATTRESS
722-002 10TRIANGULAR REFLECTORS WITHOUT FLARES
756-339 70PREMIUM ISRINGHAUSEN HIGH BACK AIR SUSPENSION DRIVERS SEAT WITH 2 AIR LUMBAR, INTEGRATED
CUSHION EXTENSION, TILT AND ADJUSTABLE SHOCK
760-344 202 MAN TOOL BOX MID BACK NON SUSPENSION
PASSENGER SEAT WITH HEADRESTS, SEATS INC.
759-007 4DUAL DRIVER SEAT ARMRESTS, NO PASSENGER SEAT
ARMRESTS
711-004 LH AND RH INTEGRAL DOOR PANEL ARMRESTS
758-014 BLACK CORDURA PLUS CLOTH DRIVER SEAT COVER
761-014 BLACK CORDURA PLUS CLOTH PASSENGER SEAT
COVER
763-102 HIGH VISIBILITY ORANGE SEAT BELTS
532-002 ADJUSTABLE TILT AND TELESCOPING STEERING
COLUMN
540-070 4-SPOKE 18 INCH (450MM) LEATHER WRAPPED
STEERING WHEEL WITH CHROME SWITCH BEZELS
City of San Bernardino 7-15-2025
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Prepared For :
Karla Knudsen
SAN BERNARDINO CITY OF
290 North D Street
San Bernardino, CA 92401
UNITED STATES
Phone :909-384-5019 Ext 3038
Mobile:
E-Mail:
13800 VALLEY BLVD.
Prepared by:
Kurt Ranfranz
FONTANA, CA 92335
Phone :909-510-4403
VELOCITY TRUCK CENTERS-FONTANA
Data Code Weight Front Weight RearDescription
765-002 DRIVER AND PASSENGER INTERIOR SUN VISORS
Instruments & Controls
4CH-008 8 EXTRA PROGRAMMABLE SWITCHES/INDICATORS
$C1A0000ZZ,C1B0000ZZ,C1C0000ZZ,C1D0000ZZ,C3N000
0ZZ,C3P0000ZZ,C3Q0000ZZ,C3R0000ZZ
106-002 ELECTRONIC ACCELERATOR CONTROL
732-998 NO INSTRUMENT PANEL-DRIVER
734-022 FULLY CONFIGURABLE CENTER INSTRUMENT PANELS
87L-001 ENGINE REMOTE INTERFACE WITH PARK BRAKE
INTERLOCK
870-002 BRIGHT ARGENT FINISH GAUGE BEZELS
486-001 LOW AIR PRESSURE INDICATOR LIGHT AND AUDIBLE
ALARM
840-001 DUAL NEEDLE PRIMARY AND SECONDARY AIR
PRESSURE GAUGE
198-035 ELECTRONIC AIR RESTRICTION INDICATOR DISPLAYED
IN DRIVER DISPLAY
721-001 397 DB BACKUP ALARM
149-015 ELECTRONIC CRUISE CONTROL WITH CONTROLS ON
STEERING WHEEL SPOKES
156-007 KEY OPERATED IGNITION SWITCH AND INTEGRAL
START POSITION; 4 POSITION
OFF/RUN/START/ACCESSORY
157-007 MANUAL REMOTE ENGINE STOP/START WITH PTO RE-
ENGAGE
811-044 PREMIUM INSTRUMENT CLUSTER WITH 5.0 INCH TFT
COLOR DISPLAY
81B-003 DIGITAL PANEL LAMP DIMMER SWITCH IN DRIVER
DISPLAY
160-038 HEAVY DUTY ONBOARD DIAGNOSTICS INTERFACE
CONNECTOR LOCATED BELOW LH DASH
844-001 2 INCH ELECTRIC FUEL GAUGE
148-072 ENGINE REMOTE INTERFACE WITH ONE OR MORE SET
SPEEDS
48H-003 QUICKFIT POWERTRAIN INTERFACE CONNECTOR
UNDER CAB WITH CAPS
City of San Bernardino 7-15-2025
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Prepared For :
Karla Knudsen
SAN BERNARDINO CITY OF
290 North D Street
San Bernardino, CA 92401
UNITED STATES
Phone :909-384-5019 Ext 3038
Mobile:
E-Mail:
13800 VALLEY BLVD.
Prepared by:
Kurt Ranfranz
FONTANA, CA 92335
Phone :909-510-4403
VELOCITY TRUCK CENTERS-FONTANA
Data Code Weight Front Weight RearDescription
48C-003 QUICKFIT PROGRAMMABLE INTERFACE
CONNECTOR(S) UNDER CAB WITH CAP
163-014 ENGINE REMOTE INTERFACE CONNECTOR AT
POWERTRAIN INTERFACE CONNECTOR
866-018 DIGITAL SINGLE REAR AXLE TEMPERATURE IN DRIVER
DISPLAY WITH SENSOR SHIELD
856-001 ELECTRICAL ENGINE COOLANT TEMPERATURE GAUGE
852-002 ELECTRIC ENGINE OIL PRESSURE GAUGE
864-022 DIGITAL TRANSMISSION OIL TEMPERATURE IN DRIVER
DISPLAY
867-004 ELECTRONIC OUTSIDE TEMPERATURE SENSOR
DISPLAY IN DRIVER MESSAGE CENTER
830-017 ENGINE AND TRIP HOUR METERS INTEGRAL WITHIN
DRIVER DISPLAY
372-123 PTO CONTROLS FOR ENHANCED VEHICLE
ELECTRIC/ELECTRONIC ARCHITECTURE
73H-014 (1) BACKUP CAMERA-END OF FRAME MOUNTED WITH
15 FOOT EXTRA LONG CABLE COILED AT END OF
FRAME
736-998 NO OBSTACLE DETECTION SYSTEM
72J-998 NO DR ASSIST SYSTEM
49B-004 ELECTRONIC STABILITY CONTROL
73B-998 NO LANE DEPARTURE WARNING SYSTEM
679-998 NO OVERHEAD INSTRUMENT PANEL
35M-010 101 QUICKFIT PROGRAMABLE MODULE (QPM/XMC)
786-113 GENERIC TELEMATICS PREWIRE (CONSTANT BATTERY
POWER/IGNITION/GROUND/J1939); RP1226 TYPE
CONNECTOR AT PASSENGER SIDE OF DASH END
1U1-002 TOP OF DASH RAM MOUNT WITHOUT POWER OR
GROUND, FOR CUSTOMER FURNISHED DEVICE
746-143 7" B-PANEL INTERACTIVE TOUCHSCREEN DISPLAY
RADIO W/ USB-C, APPLE CARPLAY, ANDROID AUTO,
BLUETOOTH/AM/FM/SXM/WB, WITH MICROPHONE
747-001 DASH MOUNTED RADIO
City of San Bernardino 7-15-2025
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Prepared For :
Karla Knudsen
SAN BERNARDINO CITY OF
290 North D Street
San Bernardino, CA 92401
UNITED STATES
Phone :909-384-5019 Ext 3038
Mobile:
E-Mail:
13800 VALLEY BLVD.
Prepared by:
Kurt Ranfranz
FONTANA, CA 92335
Phone :909-510-4403
VELOCITY TRUCK CENTERS-FONTANA
Data Code Weight Front Weight RearDescription
750-002 (2) RADIO SPEAKERS IN CAB
753-998 NO AM/FM RADIO ANTENNA
749-998 NO CB RADIO MOUNTING PROVISION
75W-002 SHARKFIN MULTI-BAND ANTENNA, RIGHT HAND BIAS
ROOF MOUNTING LOCATION: AM/FM/WEATHERBAND,
WIFI/BLUETOOTH, SDAR/SIRIUSXM, GNSS/GPS
78C-003 INTEROPERABLE SDAR ANTENNA
810-027 ELECTRONIC MPH SPEEDOMETER WITH SECONDARY
KPH SCALE, WITHOUT ODOMETER
817-001 STANDARD VEHICLE SPEED SENSOR
812-001 ELECTRONIC 3000 RPM TACHOMETER
813-1C8 DETROIT CONNECT PLATFORM HARDWARE
8D1-315 5 YEARS DAIMLER CONNECTIVITY BASE PACKAGE
(FEATURES VARY BY MODEL) POWERED BY DETROIT
CONNECT ON CUMMINS ENGINES
6TS-008 (2) TMC RP1226 ACCESSORY CONNECTORS: (1)
LOCATED BEHIND PASSENGER SIDE REMOVABLE DASH
PANEL (1) CENTER OF OVERHEAD CONSOLE
162-002 IGNITION SWITCH CONTROLLED ENGINE STOP
264-030 (1) OVERHEAD MOUNTED LANYARD CONTROL FOR
DRIVER AIR HORN
482-001 STANDARD TRACTOR PROTECTION VALVE
883-001 TRAILER HAND CONTROL BRAKE VALVE
842-006 DIGITAL TURBO AIR PRESSURE IN DRIVER DISPLAY
836-015 DIGITAL VOLTAGE DISPLAY INTEGRAL WITH DRIVER
DISPLAY
660-008 SINGLE ELECTRIC WINDSHIELD WIPER MOTOR WITH
DELAY
304-030 ROTARY HEADLAMP SWITCH, MARKER
LIGHTS/HEADLIGHTS SWITCH WITH PULL OUT FOR
OPTIONAL FOG/ROAD LAMPS
882-004 TWO VALVE PARKING BRAKE SYSTEM WITH WARNING
INDICATOR
City of San Bernardino 7-15-2025
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Prepared For :
Karla Knudsen
SAN BERNARDINO CITY OF
290 North D Street
San Bernardino, CA 92401
UNITED STATES
Phone :909-384-5019 Ext 3038
Mobile:
E-Mail:
13800 VALLEY BLVD.
Prepared by:
Kurt Ranfranz
FONTANA, CA 92335
Phone :909-510-4403
VELOCITY TRUCK CENTERS-FONTANA
Data Code Weight Front Weight RearDescription
299-020 SELF CANCELING TURN SIGNAL SWITCH WITH DIMMER,
HEADLAMP FLASH, WASH/WIPE/INTERMITTENT
298-046 INTEGRAL ELECTRONIC TURN SIGNAL FLASHER WITH
40 AMP (20 AMP PER SIDE) TRAILER LAMP CAPACITY
87T-998 NO WRG/SW-OPTL #2,CHAS,AIR
Design
065-000 PAINT: ONE SOLID COLOR
Color
980-5F6 CAB COLOR A: L0006EY WHITE ELITE EY
986-020 BLACK, HIGH SOLIDS POLYURETHANE CHASSIS PAINT
962-972 POWDER WHITE (N0006EA) FRONT WHEELS/RIMS
(PKWHT21, TKWHT21, W, TW)
966-972 POWDER WHITE (N0006EA) REAR WHEELS/RIMS
(PKWHT21, TKWHT21, W, TW)
964-020 STANDARD BLACK BUMPER PAINT
963-003 STANDARD E COAT/UNDERCOATING
Certification / Compliance
996-001 U.S. FMVSS CERTIFICATION, EXCEPT SALES CABS AND
GLIDER KITS
T O T A L V E H I C L E S U M M A R Y
Weight Summary
Weight
Rear
Total
Weight
Weight
Front
Factory Weight+ 11962 lbs3704 lbs8258 lbs
0 lbs 0 lbs 0 lbsDealer Installed
Total Weight+ 8258 lbs 3704 lbs 11962 lbs
City of San Bernardino 7-15-2025
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Packet Page. 270
Prepared For :
Karla Knudsen
SAN BERNARDINO CITY OF
290 North D Street
San Bernardino, CA 92401
UNITED STATES
Phone :909-384-5019 Ext 3038
Mobile:
E-Mail:
13800 VALLEY BLVD.
Prepared by:
Kurt Ranfranz
FONTANA, CA 92335
Phone :909-510-4403
VELOCITY TRUCK CENTERS-FONTANA
Other Factory Charges
RD1-315 5 YEARS DAIMLER CONNECTIVITY BASE PACKAGE (FEATURES VARY
BY MODEL) POWERED BY DETROIT CONNECT ON CUMMINS ENGINES R26-001 MY26 ESCALATOR
P73-2FT STANDARD DESTINATION CHARGE
Extended Warranty
WAK-251 ALLISON 3000 RDS SERIES TRANSMISSION EXTEND WARRANTY, 5 YEARS/UNLIMITED
MILES FEX
WAG-075 TOWING: 2 YEARS/UNLIMITED MILES/KM EXTENDED TOWING COVERAGE $750 CAP
FEX APPLIES
Dealer Installed Options
Front
Weight
Rear
Weight
60DGE 60DGE BACK OF CAB CNG FUEL
TANKS
0 0
0 lbsTotal Dealer Installed Options 0 lbs
(**) Prices shown do not include taxes, fees, etc… "Net Equipment Selling Price" is located on the Quotation Details Proposal Report. (***) All cost increases for major components (Engines, Transmissions, Axles, Front and Rear Tires) and government mandated requirements, tariffs, and raw material surcharges will be passed through and added to factory invoices. (+) Weights Shown are estimates only.
If weight is critical, contact Customer Application Engineering.
City of San Bernardino 7-15-2025
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Packet Page. 271
Prepared For :
Karla Knudsen
SAN BERNARDINO CITY OF
290 North D Street
San Bernardino, CA 92401
UNITED STATES
Phone :909-384-5019 Ext 3038
Mobile:
E-Mail:
13800 VALLEY BLVD.
Prepared by:
Kurt Ranfranz
FONTANA, CA 92335
Phone :909-510-4403
VELOCITY TRUCK CENTERS-FONTANA
TRUCK WEIGHT
VEHICLE SPECIFICATIONS SUMMARY - TRUCK WEIGHT
Model 114SD
Cab Size (829) 114 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB Expected Front Axle(s) Load (lbs) 14600.0
Expected Pusher Axle(s) Load (lbs) 0.0
Expected Rear Axle(s) Load (lbs) 21000.0
Expected Tag Axle(s) Load (lbs) 0.0
Expected GVW (lbs) 35600
Expected GCW (lbs) 55000.0
Wheelbase (545) 6000MM (236 INCH) WHEELBASE
Pusher / Tag Axle (443) NO PUSHER OR TAG AXLE
Front Axle to Back of Cab (in) 65.551
Cab to Body Clearance (in) 3.0
Front Axle to Body (in) 68.551
Truck Configuration (AA3) UTILITY BODY
Body Length (ft) 22.0
City of San Bernardino 7-15-2025
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Prepared For :
Karla Knudsen
SAN BERNARDINO CITY OF
290 North D Street
San Bernardino, CA 92401
UNITED STATES
Phone :909-384-5019 Ext 3038
Mobile:
E-Mail:
13800 VALLEY BLVD.
Prepared by:
Kurt Ranfranz
FONTANA, CA 92335
Phone :909-510-4403
VELOCITY TRUCK CENTERS-FONTANA
Body Width (in) 96.0
Body Weight (lbs) 3600.0
Body Horiz CG from Body Front (ft) 11.0
Body Front to Rear Axle(s) CL (ft) 13.97
Driver Weight (lbs) 500.0
Driver Horizontal CG from Front Axle (in) 38.983
Left-Hand Primary Fuel/Hydraulic Tank
(204)
NO LH FUEL TANK
Left Fuel Tank Horizontal CG (in) 0
Right-Hand Primary Fuel/Hydraulic Tank
(206)
PREP FOR CUSTOMER FURNISHED CNG SYSTEM
Right Fuel Tank Horizontal CG (in) 0
TABLE SUMMARY - TRUCK WEIGHT
City of San Bernardino 7-15-2025
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Packet Page. 273
Prepared For :
Karla Knudsen
SAN BERNARDINO CITY OF
290 North D Street
San Bernardino, CA 92401
UNITED STATES
Phone :909-384-5019 Ext 3038
Mobile:
E-Mail:
13800 VALLEY BLVD.
Prepared by:
Kurt Ranfranz
FONTANA, CA 92335
Phone :909-510-4403
VELOCITY TRUCK CENTERS-FONTANA
Performance calculations are estimates only. If performance calculations are critical, please contact Customer Application Engineering.
City of San Bernardino 7-15-2025
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 17, 2025
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Approve Amendment No. 1 to the Professional Services Agreement with CREDE Construction Advisory LLC for
Construction Management and Construction Inspection
Services for the SB HOPE Campus, Extending the
Contract Term and Increasing the Not-To-Exceed Amount
by $1,272,363 (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 Professional Services Agreement with CREDE Construction Advisory, LLC (“CREDE”) for construction management and construction inspection services for the San Bernardino HOPE Campus (“Navigation Center”) increasing the not-to-exceed amount by $1,272,363, for a new total contract amount not to exceed $2,363,511, and extending the term of the Professional Services Agreement; and
2. Authorize the City Manager or his designee to execute all necessary documents with CREDE Construction Advisory LLC
City Manager's Comments
The City Manager recommends approval.
Executive Summary
The City is requesting approval of Amendment No. 1 to the Professional Services Agreement with CREDE Construction Advisory, LLC, due to additional costs associated with extending construction management services and adding dedicated infrastructure construction inspection as the SB HOPE Campus moves into the active
Packet Page. 275
construction phase. As the project transitions from design and modular fabrication into on-site work, CREDE must continue providing project oversight, coordination with the modular manufacturer, permitting support, and compliance monitoring to keep the project on schedule. In addition, the construction phase now requires nine months of infrastructure inspection to support utility, roadway, and civil improvements. To fully fund these additional needs, Amendment No. 1 increases the agreement’s not-to- exceed amount by $1,272,363. This increase reflects an extension of CREDE’s services through the remaining one month of pre-construction work, eleven-month construction period, and project close-out in the amount of $1,091,148; and inspection services for a nine-month duration in the amount of $181,215 These costs have no impact on the City’s General Fund. Amendment No. 1 will be funded using Home Investment Partnerships American Rescue Plan Program (HOME-ARP) funds, Community Development Block Grant (CDBG) funds, and Homeless Housing Assistance and Prevention (HHAP) Grant funds that are already allocated to the Navigation Center’s construction development budget.
Background
The SB HOPE Campus is a 200-bed facility that provides both congregate and non- congregate housing to support individuals experiencing homelessness. The campus is designed to offer safe interim housing, recuperative care, and on-site supportive services that help residents regain stability and move toward long-term independence.
These services include case management, diversion programs, and employment support. Development of the Navigation Center is funded entirely through restricted grant sources dedicated specifically to this project.
On December 4, 2024, the Mayor and City Council approved a Professional Services Agreement with CREDE Construction Advisory, LLC in an amount not to exceed $1,091,148. The Agreement authorized CREDE to provide development and construction management services during the early design and pre-construction stages, including project planning, schedule and budget tracking, coordination with the modular designer and manufacturer, and initial entitlement and permitting support.
As the Project has progressed, CREDE’s role has expanded in response to the complexity of the modular building process and the multiple regulatory and funding requirements tied to the Navigation Center. Their work has included federal and state labor compliance oversight, grant documentation, procurement support, and coordination with City departments and outside agencies.
The Project is now moving from design and modular fabrication into on-site construction. This next phase involves utility installation, roadway and access improvements, grading, foundation work, modular delivery and setting, and completion of site improvements. To support this transition, the Project requires an extension of CREDE’s construction management services, including two additional months of planning and pre-construction work followed by the fourteen-month construction period. CREDE will also continue supporting the City through project close-out for the remainder of the eighteen-month extension. As part of this Amendment, nine months
Packet Page. 276
of infrastructure construction inspection services will be provided during the construction phase to support utility, civil, and site work and ensure compliance with plans and specifications.
To support the design and construction of the SB HOPE Campus, a total of $21,970,382 in restricted grant funds has been allocated to the project’s development budget. Of this amount, $11,810,624.13 has been spent or obligated through existing contracts and purchase orders. As part of the recent approval of Amendment No. 1 to the Mandeville Modular agreement, an additional $214,420 was added to Mandeville’s contract to fully fund its structural steel change order, and $224,406.14 in contingency funding was allocated to cover potential future modular-related costs. These two amounts increased the overall modular budget by $438,826.14. After accounting for these adjustments, the remaining available development budget for the Navigation Center is $9,720,931.73.
Please see budget breakdown below:
*For CDBG timeliness, the City cannot carry over 1.5x of its annual allocation in unspent CDBG funds to the following fiscal year.
Discussion
The Project is now moving into the construction phase, with the City preparing to bid and award a general contractor contract for on-site improvements and utility infrastructure. The modular units are in production at Mandeville’s facility, with delivery anticipated in 2026, and the general contractor will be responsible for foundations, utilities, site work, modular setting, and final site improvements.
Given the complexity of a modular navigation center, the layered grant funding, and the volume of federal and state compliance requirements, the City cannot realistically absorb CREDE’s scope in-house during construction without risking schedule delays, coordination gaps, and compliance findings. CREDE’s continuity, project knowledge, and established relationships with City staff, consultants, and agencies are central to maintaining momentum and ensuring that the project is delivered on time and in compliance with funding requirements.
Scope of Services Under Amendment No. 1
Source Expenditure
Deadline
CDBG April 30th*
Dignity Health June 30, 2026
HHAP-3 June 30, 2026
HOME-ARP Sept 30, 2030
Inland Empire Health June 30, 2026
Loma Linda University N/A
Molina Healthcare March 4, 2027
TOTAL $21,970,382.00 $12,249,450.27 $9,720,931.73
$70,000.00 $0.00 $70,000.00
$300,000.00 $214,420.00 $85,580.00
$4,299,671.00 $0.00 $4,299,671.00
$1,500,000.00 $224,406.14 $1,275,593.86
Dec. 31, 2026
$3,397,541.00 $0.00 $3,397,541.00
$250,000.00 $0.00 $250,000.00
$0.00$11,344,785.00
Total Funding Spent and/or
Obligated
Amount
Available
ARPA $11,344,785.00
$808,385.00 $465,839.13 $342,545.87
Packet Page. 277
Amendment No. 1 extends CREDE’s involvement for the duration of the remaining project phases, including an additional month of planning and pre-construction activities and the eleven-month construction cycle, with contract coverage continuing through close-out for a total extension of twelve months or one year. During this time, CREDE will continue to manage project planning, schedule coordination, design integration, risk management, and contractor oversight to guide the project from pre- construction through completion. This work includes ongoing project planning, schedule and risk management, weekly coordination meetings with Mandeville Modular, the future general contractor, and City staff, and oversight of all activities related to modular fabrication, delivery, and onsite assembly. CREDE will continue to manage change orders, review proposed modifications, and provide recommendations to the City. They will also maintain the monthly reporting structure used throughout the project, including updates on budget, schedule, progress, and documentation required for audit and grant compliance.
The Amendment also maintains CREDE’s role in managing federal and state compliance requirements. This includes enforcing labor standards such as State public works requirements, Davis-Bacon, HUD Section 3, and Buy America/Build America provisions, as well as overseeing contractor onboarding, verification of licenses and registrations, and ongoing monitoring of DIR, CSLB, and other regulatory requirements. CREDE will continue preparing monthly compliance summaries and corrective-action reports to ensure the project remains audit-ready.
Oversight of modular fabrication will also continue as part of their responsibilities.
CREDE will perform quality assurance and quality control visits to the manufacturing facility, verify production progress in the field, and ensure all modular units meet approved plans and specifications. These visits will include the preparation of quality control and quality assurance (QA/QC) reports, photographic documentation, and punch list tracking prior to shipment.
In addition, Amendment No. 1 introduces new infrastructure construction inspection services. These services will provide the City with dedicated inspection coverage for civil and utility infrastructure, including water, sewer, storm drain, dry utilities, access road improvements, and related site work. Inspection coverage will average three days per week, with time allotted for reporting, coordination meetings, and follow-up throughout a construction window of up to nine months. The work may be billed either as a flat monthly fee of $20,135 or on an as-needed basis at a daily rate of $1,500 per inspection day, not to exceed the monthly cap unless expressly approved by the City.
Contract Amount and Term
Under the original PSA, the total not-to-exceed amount for CREDE’s services is $1,091,148. Amendment No. 1 increases this amount by $1,272,363 for a new total not-to-exceed contract amount of $2,363,511.
This increase reflects:
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Up to twelve (12) months of continued development and construction management services at the existing flat monthly fee of $90,929; and Infrastructure construction inspection services at a not-to-exceed amount equivalent to $20,135 per month for up to nine (9) months, billed monthly or on an as-needed daily basis, within the overall contract cap.
Please see breakdown below:
The term of the agreement will be extended to cover construction and project closeout for the SB HOPE Campus, aligning with the currently anticipated project completion prior to the end of 2026.
The proposed Amendment No. 1 to the CREDE contract allocates a total of $1,272,363 consisting of $524,181.50 in CDBG funds, $224,000 from the HHAP-3 program, and $524,181.50 in HOME-ARP funds.
Please see funding table below: `
The current total amount available across all funding sources is $9,720,931.73. After allocating $1,272,363 for Amendment No. 1 to the CREDE contract, the City’s remaining available funding across all sources will be $8,448,568.73.
The CDBG program has a total allocation of $3,397,541.00. After applying $524,181.50 toward this amendment, the remaining CDBG balance will be $2,873,359.50.
The HHAP-3 program has a total allocation of $342,545.87. After applying $224,000.00 toward this amendment, the remaining HHAP-3 balance will be $118,545.87. The HOME-ARP program has a total allocation of $4,299,671.00. After applying $524,181.50 toward this amendment, the remaining HOME-ARP balance will be $3,775,489.50.
Coordination with Mandeville Modular and the General Contractor CREDE’s responsibilities require close coordination with both Mandeville Modular and the future general contractor to ensure that the project progresses efficiently and that CREDE Construction Advisory LLC Monthly Rate Total Cost Original Contract Amount - 12 Months $90,929.00 $1,091,148.00 Amendment No. 1 - 12 month extension $90,929.00 $1,091,148.00 Inspection Services - 9 months $20,135.00 $181,215.00
New total Not to Exceed Amount $2,363,511.00
Funding Source Amount
CDBG $524,181.50
HHAP-3 $224,000.00
HOME_ARP $524,181.50
Total Amount of Crede Amendment No. 1 $1,272,363.00
Amendment No. 1 Funding Source Breakdown
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the modular and site-built components align. With Mandeville Modular, CREDE will continue managing the production of the modular units, overseeing fabrication activities, tracking quality control procedures, and verifying that the units conform to approved plans and specifications. This includes maintaining regular communication with the design team, monitoring fabrication schedules, and preparing the QA/QC reporting that documents production progress and identify any needed corrections before the units are delivered to the site.
As the general contractor comes on board, CREDE will play a central role in managing the interface between modular delivery and site construction. CREDE will coordinate site logistics such as staging areas, access routes, and the sequencing of work to ensure that foundations, utilities, and site improvements are completed in time for the modular units to be delivered and set. They will oversee the phasing of modular installation, integration of offsite and access road improvements, and the scheduling of construction inspections to keep the work aligned with the project timeline. By managing communication among all parties, CREDE helps avoid delays, reduce change orders, and ensure that modular and onsite construction activities align seamlessly.
This coordinated approach reflects the delivery strategy previously presented to the City Council as part of the Mandeville Modular approval and is intended to reduce risk at the transition points between design, fabrication, and on-site construction.
Project Timeline Update
As previously reported in connection with the Mandeville Modular amendment, staff anticipates the following key milestones for the SB HOPE Campus:
Release of the general contractor bid package: November 2025. Award of general contractor contract: anticipated January 2026. Delivery of modular units to the site: anticipated April–May 2026. Modular setting, utility hookups, and punch list work: expected through approximately October 2026.
Final site improvements (paving, landscaping, irrigation): expected completion by December 2026.
Amendment No. 1 to the CREDE PSA is structured to provide a continuous construction management and inspection presence throughout this period, and to carry through project commissioning and closeout.
2021-2025 Strategic Targets and Goals
Approval of Amendment No. 1 to the PSA with CREDE aligns with Key Target No. 3:
Improved Quality of Life. Completion of the SB HOPE Campus will expand access to shelter, care, and supportive services for the City’s unhoused residents, directly supporting community health, safety, and neighborhood stability.
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Fiscal Impact
The fiscal impact associated with this item is $1,272,363, representing the increase to the not-to-exceed amount of the PSA with CREDE. When combined with the existing contract amount of $1,091,148, the amended total not-to-exceed contract amount will be $2,363,511. Amendment No. 1 to allocates a total of $1,272,363 consisting of $524,181.50 in Community Development Block Grant (CDBG) funds, $224,000 from the Homeless Housing Assistance and Prevention (HHAP-3) program, and $524,181.50 in HOME-ARP funds.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve Amendment No. 1 to the Professional Services Agreement with CREDE Construction Advisory, LLC (“CREDE”) for construction management and construction inspection services for the San Bernardino HOPE Campus (“Navigation Center”) increasing the not-to-exceed amount by $1,272,363, for a new total contract amount not to exceed $2,363,511, and extending the term of the Professional Services Agreement; and
2. Authorize the City Manager or his designee to execute all necessary documents with CREDE Construction Advisory LLC
Attachments
Attachment 1 – Amendment No. 1 to the Professional Services Agreement with CREDE Construction Advisory, LLC
Attachment 2 – Original Professional Services Agreement with CREDE Construction Advisory, LLC
Attachment 3 – CREDE Contract Extension and Infrastructure Inspection Proposal (SB HOPE Campus)
Attachment 4 – SB HOPE Campus Project Map and Conceptual Site Plan Ward:
Ward 1
Synopsis of Previous Council Actions:
December 4, 2024 – Mayor and City Council approved a Professional Services Agreement with CREDE Construction Advisory, LLC in the amount of $1,091,148 for development and construction management services for the SB HOPE Campus.
CC: Eric Levitt, City Manager
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AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
WITH CREDE CONSTRUCTION ADVISORY, LLC
This Amendment No. 1 to the Professional Services Agreement for is made and entered into as of December 17, 2025 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and CREDE Construction Advisory, LLC., a California Limited Liability Company (“Contractor”). City and Contractor are sometimes referred to herein individually as a “Party” and collectively as “Parties.”
RECITALS
A. WHEREAS, the City and the Contractor have entered into an agreement, dated December 4, 2024 for the purpose of providing Construction Management Construction Inspection Services For The San Bernardino Hope Campus Project (the “Original Agreement”).
B. WHEREAS, the Parties now desire to amend the Original Agreement in order to extend the term of the agreement through the remaining phases of the SB HOPE Campus project, including an additional two months of planning and pre- construction work, the nine -month construction period, and one month project close-out, for a total contract extension of twelve months or until December 31st, 2026.
C. WHEREAS, t he Parties further intend to increase the not -to-exceed amount from One Million Ninety-One Thousand One Hundred Forty-Eight Dollars ($1,091,148) to Two Million Three Hundred Sixty -Three Thousand Five Hundred Eleven Dollars ($2,363,511), to reflect the additional construction management services and the nine months of infrastructure construction inspection services to be provided during the construction phase. This revised amount represents the cumulative total for the full term of the agreement, as amended.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Original Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. Term. The term of the Original Agreement shall be extended for an additional term of one year through December 31st, 2026, unless earlier terminated.
3. Additional Services. The Services, as that term is defined in the Original Agreement, shall be amended to include additional services as more particularly described in Exhibit “A -1”, attached hereto to this Amendment No. 1 and incorporated herein by this reference.
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4. Compensation. The compensation for services performed pursuant to this Amendment No. 1 shall not exceed One Million Two Hundred Seventy -Two Thousand Three Hundred Sixty -Three Dollars ( $1,272,363), thereby increasing the total not -to- exceed compensation of the Original Agreement from One Million Ninety-One Thousand One Hundred Forty-Eight Dollars ($1,091,148) to Two Million Three Hundred Sixty-Three Thousand Five Hundred Eleven Dollars ( $2,363,511). The rates for the Additional Services are more particularly described in Exhibit “A-1”.
5. Full Force. Except as amended by this Amendment No. 1, all provisions of the Original 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.
6. 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.
7. 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 PROFESSIONAL SERVICES AGREEMENT
WITH CREDE CONSTRUCTION ADVISORY LLC
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:
Eric Levitt
City Manager
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONTRACTOR
CREDE CONSTRUCTION ADVISORY
LLC
Colby Durnin
Manager
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EXHIBIT A-1
ADDITIONAL SERVICES
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CITY OF SAN BERNARDINO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND CREDE CONSTRUCTION ADVISORY, LLC
This Agreement is made and entered into as of December 4th, 2024, 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 CREDE Construction Advisory , a Limited Liability Corporation with its principal place of business at 18301 Von Karman Ave, Suite 510, 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:
San Bernardino Hope Campus (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 the City to retain Consultant to provide the services described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”
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, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $1,091,148. This amount is to cover Docusign Envelope ID: 8E2B1517-7321-4C49-83AA-174B2250CD4A
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all related costs, and the City will not pay any additional fees for printing expenses.
Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant ’s services which have been completed to the City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by the 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 the 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. a. Adjustments. No retroactive price adjustments will be considered.
Additionally, no price increases will be permitted during the first year of this Agreement unless agreed to by the City and Consultant in writing.
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 relatin g to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to the City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by the 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 the 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 Pa rty. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant ’s performance and is one or more of the following: (1) Acts of God or other natural di sasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities Docusign Envelope ID: 8E2B1517-7321-4C49-83AA-174B2250CD4A
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(including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non -performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws,
ordinances, codes, and regulations of the federal, state, and local government, including Cal/OSHA requirements. There are several funding sources potentially funding this Agreemen t, which are shown in Exhibit C, attached hereto, and incorporated herein by this reference. E xhibits D and E , attached hereto and incorporated herein by these references, include multiple regulations from different funding sources that the Consultant must comply with. 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, the 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 prof ession currently practicing under similar conditions. Consultant ’s performance shall conform in all material respects to the requirements of the Scope of Work.
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 ex ecution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City ’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.
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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 sub-consultants 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 emp loyee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Co nsultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. 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
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(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse, and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give the City, it's 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 shal l 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 the 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
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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 the Consultant has employees at any
time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer ’s Liability Coverage in amounts indicated herein. Consultant shall require all sub-consultants to obtain and mainta in, 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. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. g. Reserved
h. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 ag gregate 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)
Cyber Liability $1,000,000 per occurrence and aggregate Docusign Envelope ID: 8E2B1517-7321-4C49-83AA-174B2250CD4A
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(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 l imitation on coverage, limits, or other requirements 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. i. Evidence Required
Prior to the execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying the coverage of all insurance required herein. Such evidence shall include original copies of the ISO C G 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25 -S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. 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 Genera l 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 the Cons ultant’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 l ater 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 s pecifically allow the Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives Docusign Envelope ID: 8E2B1517-7321-4C49-83AA-174B2250CD4A
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its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its sub-consultants. (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. k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfies the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A: VII and admitted to transact in the business of insurance in the State of California or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
l 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. Alternatively, the City may cancel this Agreement. (iii) The City may require the Consulta nt 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. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or sub-consultants to commence work on any subcontract until they have provided e vidence 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 sub-consultants 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 Docusign Envelope ID: 8E2B1517-7321-4C49-83AA-174B2250CD4A
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same coverage. If requested by the Consultant, the City may approve different scopes or minimum limits of insurance for particular subcontractors or sub-consultants.
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, it's 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 co nnection with the performance of the Consultant ’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant ’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2 782.8, which is fully incorporated herein, Consultant ’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performan ce of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant ’s proportionate percentage of fault.
18. California Labor Code Requirements. The 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, the 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 for the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all sub-consultants performing such Services must be registered with the Department of Docusign Envelope ID: 8E2B1517-7321-4C49-83AA-174B2250CD4A
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Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any sub-consultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.
19. Verification of Employment Eligibility . By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all sub- consultants 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, the 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. The City shall pay the 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 broug ht 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 the Consultant’s professional services occurs, the Consultant shall, at no cost to the City, provide all Docusign Envelope ID: 8E2B1517-7321-4C49-83AA-174B2250CD4A
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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 othe rwise 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 Gina Wieczorek as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the City's prior written consent.
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:
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CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Rochelle Clayton
Acting-City Manager
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
CREDE Construction Advisory, LLC 18301
Von Karman Ave, Suite 510
Irvine, CA 92612
Attn: Colby Durnin
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 Exhibits A through E, 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, the Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties, or obligations without the prior written consent of the City. Any attempted assignment without such consent shall be invalid and void.
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of this Agreement shall be effective unless in writing and sig ned 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 oc currence 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 b y 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, Consul tant 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, the 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 deeme d an original. All counterparts shall be construed together and shall constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, w hich shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND CREDE CONSTRUCTION ADVISORY, LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Rochelle Clayton
Acting City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
Signature
Colby Durnin
Name
Manager
Title
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PROFESSIONAL SERVICES AGREEMENT
EXHIBIT A
CREDE will bill a flat monthly fee of $90,929 for twelve months, per the above fee proposal, as provided to the City as part of the RFQual Response.
The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program authorized by the American Rescue Plan Act (ARPA) will be used for the total cost of the agreement in the amount of $1,091,148.
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PLANNING, PRE-DEVELOPMENT AND PRE-CONSTRUCTION PHASE– 2-3 MONTHS – DECEMBER 2024 -JANUARY/FEBRUARY 2025
The planning, pre-development and pre-construction phase is critical for setting the foundation for the Project’s success. CREDE will provide the following comprehensive services during the Planning, Pre-Development and Pre-Construction period, focusing on Project planning, schedule, budget, risk management, and detailed design coordination. The key services we will be providing include:
1.1 Project Planning and Feasibility Studies
Project Scoping: We work closely with the City, Modular Building Manufacturer and any other stakeholders to define Project requirements, goals, and objectives, ensuring the Project scope aligns with the City’s vision and regulatory requirements. Meet with the City Project representatives and Modular Building Manufacturer’s Project Team on a weekly basis, and more often as needed, to obtain real time feedback on design and planning to keep the Project on schedule and on track.
Feasibility Assessment: Our team conducts feasibility studies to evaluate site conditions, utility availability, zoning regulations, and other potential constraints that could impact the Project timeline and budget.
Value Engineering: We will provide Value Engineering suggestions to optimize design decisions and material selections, as well as to reduce costs. We strive to ensure cost- effective solutions without compromising quality.
1.2 Scheduling
Master Schedule Creation: We will develop a detailed master schedule that covers every phase of the Project, from initial planning, design, permitting, construction through to certificates of occupancy and Project completion. We identify all critical milestones and deliverables.
Phasing Plan: Given the Modular nature of the Project, we will create a Phasing Plan that integrates the off-site fabrication process with on-site construction activities. This will minimize disruption to on-site construction progress and maximizing the efficiency of the overall construction. We will work with the Modular Building Manufacturer and the General Contractor to include a storage and delivery schedule to ensure proper and timely assembly.
1.3 Design Coordination and Permitting
Design Review and Project Meetings: Our team will schedule and run regular weekly Owner Architect Contractor (OAC) design meetings with the Modular Building Manufacturer’s team of Architects, Engineers, Contractors (when identified) and City representatives to ensure that all designs align with the Project’s goals and regulatory requirements.
Permitting Assistance: We provide comprehensive support to the Modular Building Manufacturer in obtaining all necessary permits, including building permits, environmental clearances, abatement and demolition permits, and utility approvals, ensuring compliance with local, state, and federal regulations.
1.4 Risk Management, Insurance, Labor Standards and Compliance Risk Assessment: We will identify potential risks, such as permit delays, materials and systems with long lead times, supply chain disruptions or weather-related delays, and develop mitigation strategies to address these challenges proactively.
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Insurance and Bonding: We will be providing assistance with securing appropriate contractor and sub-contractor insurance coverage and payment, performance and completion bonds (if requested by the City) to protect the City throughout the Project. Labor Standards: We will create an integrated system of processes, checks and balances to ensure all labor Standards are properly enforced and adhered to by all contractors throughout the project. We will enforce State Public Works, Davis Bacon and HUD Section 3 required contract compliance programs.
Compliance Onboarding and Implementation: Our team will confirm that the General Contractor and all Contractors have appropriate Registrations, Licenses, Workers Comp Insurance and are not debarred from working on a State, City, HUD or Federal Project.
We will review required start-up compliance documents before contractors start any work on the Project and we will hold Pre-Construction compliance meetings.
CONSTRUCTION PHASE- 9 MONTHS – FEBRUARY 2025 – NOVEMBER 2025 Our construction management services ensure seamless execution of the Project, with a focus on quality control, safety, compliance and Project coordination. The construction phase for a Modular Navigation Center requires specialized management to properly and efficiently integrate the Modular components with on-site construction activities.
2.1 Site Management and Coordination
Logistics Planning: During the construction period we will manage the logistics of storing, transporting and assembling Modular units on-site with the Modular Building Manufacturer. This includes coordination with the supplier, transportation providers, crane operators, and other subcontractors to ensure timely and efficient delivery. On-Site Supervision: Our Project management team will be on-site weekly once the construction starts to oversee all activities, including excavation, utility installation, foundation work, unit assembly and interior finish work. Coordination with Off-Site Fabrication: We maintain constant communication with the Modular Building Manufacturer to synchronize on-site preparation with off-site production, storage and delivery, ensuring a smooth workflow. The Modular Building Manufacturer will be involved in all weekly OAC meetings. Client Reporting: We will provide an updated Project Master Budget once per month.
Our team will provide Weekly Progress Reports and provide Monthly Development and Work Summary Reports outlining permitting, design, construction and scheduling activities so the City is informed of all development and construction activities.
2.2 Quality Assurance and Control
Inspections and Testing: We will identify and engage on behalf of the City a testing and inspection lab to perform regular inspections and testing of materials and work to confirm compliance with the Project’s plans, specifications and local building codes. All testing and inspection reports are provided to the City as they become available. Quality Control Plan: Our team implements a rigorous quality control plan to verify that each Modular Unit meets design specifications prior to installation.
2.3 Contractor Compliance and Monitoring
Compliance Monitoring: Our team will track, monitor and enforce all Labor Compliance requirements are being met on the project (Federal Davis Bacon and Related Acts 29 CFR part 5 and HUD as outlined in recipients General Conditions including Section 3 hiring and Docusign Envelope ID: 8E2B1517-7321-4C49-83AA-174B2250CD4A
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contract award). This includes ongoing DIR, CSLB and Business License expiration monitoring and enforcement.
2.4 Schedule Management
Schedule Monitoring: Our Project Managers will monitor progress against the Master Schedule and when potential delays are identified, we will work with the General Contractor and Sub-Contractors to come up with changes in sequencing of the work to minimize impacts to schedule and cost. Real-time reporting systems will provide the City with up-to-date information on Project milestones. Monthly reporting to the City will also summarize construction progress, schedule updates and any deviations to the schedule.
Phased Delivery: We will work with the Modular Building Manufacturer on the phasing plan to deliver the Modular units in phases. We will explore the possibility of allowing for individual certificates of occupancy while construction continues with remaining modular buildings that are part of the Project, expediting the City’s ability to address immediate housing needs. This will be included in our planning for the construction delivery schedule, site management plan and safety plans.
2.5 Change Management
Change Order Tracking: We will implement a robust change management process to track and document any changes in the Project scope, budget, or timeline, ensuring transparency and accountability.
Impact Analysis: Any proposed changes are thoroughly analyzed for potential impact on the Project Schedule and Project Budget, and recommendations are provided to the City for decision-making.
2.6 Closeout and Commissioning
Final Inspections: Once the Modular Units are assembled and the Project is nearing completion, our team will conduct final inspections to ensure all elements meet Project specifications and compliance standards.
Punch List Management: We work closely with the General Contractor and Subcontractors to address any punch list items promptly, ensuring the Project’s smooth closeout.
Turnover and Commissioning: Upon successful completion of all phases, we will assist the City with the final turnover of the Project, including training City Staff and/or the selected Operator on the operation and maintenance of the Modular Housing Units, and providing as-built documentation.
Final Audit Reporting: Final retention audit begins upon job completion (before final retention release). The final review includes: Confirmation of all Labor and Prevailing Wage Compliance, apprentice hiring, fringe/training payments and Section 3 requirements have been met by all contractors who performed labor on the Project. Final Agency Reporting: During the Project, we will pro vide copies of all Contractors ’ final affidavits. We will also provide digital copies of all documents at final closeout of the Project. We will assist with all Agency final reporting needed for Diverse Business Enterprise Contracting, Section 3 employmen t and Prevailing Wage final reporting. We will provide a letter confirming prevailing wage has been monitored and met for this Project for closeout approval use.
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PROFESSIONAL SERVICES AGREEMENT
EXHIBIT B
KEY PERFORMANCE INDICATORS OR PERFORMANCE REQUIREMENTS
1. Performance Expectations
A Performance Measurement Plan (“Performance Plan”) will be developed by the City Community Development & Housing Department, and will be reviewed on a quarterly basis.
Consultant will track and document all performance measures identified in the Performance Plan. Measures will include, but are not limited to, the measures listed below:
Consultant will develop and distribute, electronically, a monthly summary report showing the current status and 12-month trend of each performance measure
Consultant will attend quarterly meetings scheduled by the City Community Development & Housing Department and present and discuss performance measures Consultant will track all cost savings for all orders requested by Waste Resources and will report their total Cost Savings on a quarterly basis
2. Performance Measures
1. Safety:
a. Definition: the condition of being protected from or unlikely to cause danger, risk, or injury
b. Safety Measures are related to PW projects when a contractor is conducting work on a county facility and/or delivers materials and services to a county facility
2. Quality:
a. Definition: the standard of something as measured against other things of a similar kind; the degree of excellence of something.
b. Quality Measure is related to final result of a product or service. Ex. was the monitor installed correctly, crooked, upside down? Were monthly/annual inspections done correctly/on time, were they incomplete.
3. Cost Savings:
a. Definition: a reduction in expenses, especially in business b. Cost Savings Measure is related savings that a vendor makes and passes on to the County.
4. On-Time Delivery:
a. Definition: On Time Delivery or OTD refers to a key performance indicator measuring the rate of finished product and deliveries made in time. This rate is expressed in a total number of units delivered within a set period defined by the customer and the supplier.
b. On-Time Delivery measure is related to service contracts, were the samples delivered on time to the lab. This can also refer to pick-up services such as with environmental contracts that deal with hazardous samples.
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Exhibit C
Funding Sources
Source Type Status Expenditure
Deadline
CDBG Federal Committed 4/1/2025
ARPA Federal Committed 12/31/2026
HOME ARP Federal Committed 9/1/2030
HHAP 3 State Committed 6/30/2026
San Bernardino County TBD Pledged TBD
Hospital/HMO Funding Private Donation Pledged TBD
EXHIBIT D
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FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations, including, but not limited to, the federal contract provisions in this Exhibit “D”.
REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 –
CONTRACT PROVISIONS FOR NON -FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience.
Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement:
The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentic eship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
The Consultant will not discharge or, in any other manner, discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employ ees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information.
The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice to be provided advising the said labor union or workers' representatives of the Consul tant's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
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The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further G overnment contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event t he Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interes ts of the United States.
The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:
Provided, That if the City so participat ing is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement.
The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibili ty for securing compliance.
The City further agrees that it will refrain from entering into any contract o r contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors Docusign Envelope ID: 8E2B1517-7321-4C49-83AA-174B2250CD4A
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by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; an d refer the case to the Department of Justice for appropriate legal proceedings.
Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF.
Appendix II to Part 200 (D) – Copeland “Anti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF.
Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set f orth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in viola tion of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.
Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.
Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower -tier subcontracts. The Consultant shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section.
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Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement:
If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement, ” the Consultant must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency..
Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act:
Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will , in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
Appendix II to Part 200 (H) – Debarment and Suspension:
This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractor s are not in compliance during the term of this Agreement.
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Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.
Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
Consultant shall comply with section 6002 of the S olid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the hi ghest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement.
In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price.
Information about this requirement, along with the list of EPA -designate items, is available at EPA ’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”
Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes , video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
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Telecommunications or video s urveillance services provided by such entities or using such equipment.
Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
See Public Law 115-232, section 889 for additional information.
Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts.
For purposes of this section:
“Produced in the United States’’ means, for iron and steel products, that all manufacturing proc esses, from the initial melting stage through the application of coatings, occurred in the United States.
‘‘Manufactured products ’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
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CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321)
Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women ’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.
Affirmative steps shall include:
Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
Assuring that small and minority busi nesses, and women's business enterprises are solicited whenever they are potential sources;
Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.
Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.
COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAV IRUS LOCAL
FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS
Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project.
Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following:
Universal Identifier and System for Award Management (SAM), 2 C.F.R. Par t 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
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Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A t o 2 C.F.R. Part 170 is hereby incorporated by reference.
OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non-procurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transact ions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.
Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
New Restrictions on Lobbying, 31 C.F.R. Part 21.
Uniform Relocation Assistance and R eal Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
Compliance with Federal Statutes and Regulations Prohibiting Discrimination. Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.
The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability.
Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which p rohibit discrimination on the basis of age in programs or activities receiving federal financial assistance.
Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy avai lable by law.
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Protections for Whistleblowers.
In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.
The list of persons and entities referenced in the paragraph above includes the following:
A member of Congress or a representative of a committee of Congress; An Inspector General;
The Government Accountability Office;
A Treasury employee responsible for contract or grant oversight or management;
An authorized official of the Department of Justice or other law enforcement agency;
A court or grand jury; or
A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct.
Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, and encourage its subcontractors to do the same Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging whil e driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers.
Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following:
Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.
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Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of the ir limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effecti ve communication in the Project.
Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities.
As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067.
For more information on LEP , please visit http://www.lep.gov.
Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided.
Consultant agrees to incorporate the f ollowing language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant ’s subcontractors, successors, transferees and assignees:
The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons w ith “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference an d made a part of this contract (or agreement).
Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the C onsultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property.
Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on -site compliance reviews, and reporting requirements.
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Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI.
Consultant must provide documentation of an administrative agency ’s or court ’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state.
If Consultant makes sub-awards to other agencies or other entities, Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance.
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COMPLIANCE WITH AMERICAN RESCUE PLAN ACT (ARPA)
CORONAVIRUS LOCAL FISCAL RECOVERY FUND (CLFRF) FEDERAL GUIDELINES
USE OF ARPA CLFRF AND REQUIREMENTS
This Contract may be funded in whole or in part with funds provided by the American Rescue Plan Act - Coronavirus Local Fiscal Recovery Fund (ARPA), Federal Award Identification Number (FAIN): SLT0628 and Assistance Listing Number (formerly known as a CFDA number): 21.027, and therefore Contractor agrees to comply with any and all ARPA requirements in addition to any and all applicable County, State, and Federal laws, regulations, policies, and procedures pertaining to the funding of this Contract. The use of the funds must also adhere to official federal guidance issued or to be issued on what constitutes a necessary expenditure. Any funds expended by Contractor or its subcontractor(s) in any manner that does not adhere to the ARPA requirements shall be returned or repaid to the City or County. Any funds paid to Contractor i) in excess of the amount to which Contractor is finally determined to be authorized to retain; ii) that are determined to have been misused; or iii) that are determined to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid, shall constitute a debt to the federal government. Contractor agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to the Act, and guidance issued by Treasury regarding the foregoing. Contractor shall provide for such compliance in any agreements with subcontractor(s).
Contractor agrees to comply with the following:
A. In accordance with Title 2 Code of Federal Regulations (C.F.R.) Section 200.322, the non-Federal Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
B. In accordance with Title 2 C.F.R. Section 200.471, costs incurred for telecommunications and video surveillance services or equipment such as phones, internet, video surveillance, cloud servers are allowable except for the following circumstances: Obligating or expending covered telecommunications and video surveillance services or equipment or services (as described in Title 2 C.F.R. Section 200.216) to: 1) Procure or obtain, extend or renew a contract to procure or obtain; 2) Enter into a contract (or extend or renew a contract) to procure; or 3) Obtain the equipment, services, or systems, as described in Title 2 C.F.R. Section 200.216 that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities) and: (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications Docusign Envelope ID: 8E2B1517-7321-4C49-83AA-174B2250CD4A
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equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (ii) Telecommunications or video surveillance services provided by such entities or using such equipment; and (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.
C. A non-Federal Contractor that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at Title 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item ex ceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
D. Byrd Anti-Lobbying Amendment (31 U.S.C. Section 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the t ier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by Title 31 U.S.C. Section 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
E. Clean Air Act (42 U.S.C. Sections 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. Sections 1251-1389), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. Sections 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. Sections1251- 1389).
F. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under Title 37 C.F.R. Section 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Title 33 U.S.C. Sections 1251-1387 recipient or subrecipient must comply with the requirements of Title 37 C.F.R. Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
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G. Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 3701-3708). Where applicable, all contracts awarded by the non-Federal Contractor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with Title 40 U.S.C.
Sections 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5).
Under Title 40 U.S.C. Section 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of Title 40 U.S.C. Section 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under wor king conditions which are unsanitary, hazardous or dangerous to health or safety. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
H. Davis-Bacon Act, as amended (40 U.S.C. Sections 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. Sections 3141-3148) as supplemented by Department of Labor regulations (29 C.F.R. Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal contractor must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal Contractor must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. Section 874 and 40 U.S.C.
Section 3145), as supplemented by Department of Labor regulations (29 C.F.R. Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.
The non-Federal contractor must report all suspected or reported violations to the Federal awarding agency.
i. The Contractor and all Subcontractors and Sub-subcontractors are required to pay their employees and workers a wage not less than the minimum wage for the work classific ation as specified in both the Federal and California wage decisions. See Section 3.10.6 “Prevailing Wages” for additional information regarding California Prevailing Wage Rate Requirements and the applicable general prevailing wage determinations which are on file with the City and are available to any interested party on request. The higher of the two applicable wage determinations, either California prevailing wage or Davis-Bacon Federal prevailing wage, will be enforced for all applicable work/services under this Contract.
I. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by Title 41 U.S.C. Section 1908, must address administrative, contractual, or legal remedies in instances where Contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
J. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal Contractor including the manner by which it will be effected and the basis for settlement.
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K. Equal Employment Opportunity. Except as otherwise provided under Title 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted construction contract” in Title 41 C.F.R. Section 60-1.3 must include the equal opportunity clause provided under Title 41 C.F.R. Section 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The identified clause is below and Contractor shall comply with the clause and all legal requirements and include the equal opportunity clause in each of its nonexempt subcontracts.
i. The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at Title 41 C.F.R. Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation Docusign Envelope ID: 8E2B1517-7321-4C49-83AA-174B2250CD4A
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conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such Docusign Envelope ID: 8E2B1517-7321-4C49-83AA-174B2250CD4A
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compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
L. Data Collection Requirements – Contractor agrees to collect pre-post data per County, and United States Treasury guidelines and timeline, for project tracking and monitoring and various reporting purposes. Data including, but not limited to: Required Project Demographic Distribution Data; Required Performance Indicators and Programmatic Data; Required Expenditure Report Data; and Required Program Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and reportable database - retrievable collective data that needs to be available to County, State or Federal governments upon request.
M. Data Submission Requirements - Contractor agrees to furnish data to the County upon request, per County, and United States Treasury guidelines and timeline, for project tracking and monitoring and various reporting purposes. Data including, but not limited to: Required Project Demographic Distribution Data; Required Performance Indicators and Programmatic Data; Required Expenditure Report Data; Required Program Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and reportable database - retrievable collective data that needs to be available at request.
N. Project Progress Reporting - Contractor agrees to provide project timeline and progress updates to the City upon request, per County, and United States Treasury guidelines and timeline. Contractor agrees to routine and impromptu program and project evaluation by the City.
O. Contractor shall comply with Title 2 Code of Federal Regulations Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), including, but not limited to, Title 2 C.F.R. Section 200.303 (internal control), Title 2 C.F.R. Sections 200.331 through 200.333 (subrecipient monitoring and management), and Title 2 C.F.R. Part 200 Subpart F (audit requirements), as these sections currently exist or may be amended. The use of funds must also adhere to official federal guidance issued or to be issued on what constitutes an eligible expenditure.
Any funds expended by Contractor or its subcontractor(s) in any manner that does not adhere to official federal guidance shall be returned to the County. Contractor agrees to comply with all official guidance regarding the ARPA CLFRF. Contractor also agree that as additional federal guidance becomes available, an amendment to this Contract may become necessary. If an amendment is required, Contractor agrees to promptly execute the Contract amendment.
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P. Contractor shall retain documentation of all uses of the funds, including but not limited to invoices and/or sales receipts in a manner consistent with Title 2 C.F.R. Section 200.334 (retention requirements for records). Such documentation shall be produced to City upon request and may be subject to audit. Unless otherwise provided by Federal or State law (whichever is the most restrictive), Contractor shall maintain all documentation connected with its performance under this Contract for a minimum of five (5) years from the date of the last payment made by City or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of the City, the State or the United States Government during normal business hours at Contractor. Copies will be made and furnished by Contractor upon written request by City.
Q. Contractor shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support Contractor’s requests for reimbursement which segregate and accumulate costs of Contractor and produce monthly reports which clearly identify reimbursable costs, matching fund costs (if applicable), and other allowable expenditures by Contractor. Contractor shall provide a monthly report of expenditures under this Contract no later than the 20th day of the following month.
R. Contractor shall cooperate in having an audit completed by City, at City’s option and expense. Any audit required by ARPA CLFRF and its regulation and United States Treasury guidance will be completed by Contractor at Contractor’s expense.
S. Contractor shall repay to City any reimbursement for ARPA CLFRF funding that is determined by subsequent audit to be unallowable under the ARPA CLFRF within the time period required by the ARPA CLFRF, but no later than one hundred twenty (120) days of Contractor receiving notice of audit findings, which time shall include an opportunity for Contractor to respond to and/or resolve the findings. Should the findings not be otherwise resolved and Contractor fail to reimburse moneys due City within one hundred twenty (120) days of audit findings, or within such other period as may be agreed between both parties or required by the ARPA CLFRF, City reserves the right to withhold future payments due Contractor from any source under City’s control.
T. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Title 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable and subject to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply.
U. Universal Identifier and System for Award Management (SAM), Title 2 C.F.R. Part 25.
V. Reporting Subaward and Executive Compensation Information, Title 2 C.F.R. Part 170.
W. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (nonprocurement), Title 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to Title 2 C.F.R. Part 180 and Treasury’s implementing regulation at Title 31 C.F.R.
Part 19. Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 C.F.R. Section 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at Title 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R.
Part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of Docusign Envelope ID: 8E2B1517-7321-4C49-83AA-174B2250CD4A
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parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
X. Recipient Integrity and Performance Matters, pursuant to which the award terms set forth in Title 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
Y. Government Requirements for Drug-Free Workplace, Title 31 C.F.R. Part 20.
Z. New Restrictions on Lobbying, Title 31 C.F.R. Part 21.
AA. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. Sections 4601- 4655) and implementing regulations.
BB. Applicable Federal environmental laws and regulations.
CC. Statutes and regulations prohibiting discrimination include, without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) and Treasury’s implementing regulations at Title 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability.
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. Sections 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
DD. Contractor understands that making false statements or claims in connection with the ARPA funded activities is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
EE. Any publications produced with ARPA funds must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number SLT-0628 awarded to San Bernardino County by the U.S. Department of Treasury.”
FF. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is being encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles.
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GG. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor is being encouraged to adopt and enforce policies that ban text messaging while driving and establishing workplace safety policies to decrease accidents caused by distracted drivers.
HH. As a recipient of federal financial assistance, the Civil Rights Restoration Act of 1987 applies, and Contractor assures that it:
i. Ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C.
Sections 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at Title 31 C.F.R. Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda and/or guidance documents.
ii. Acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Contractor understands that denying a person access to its programs, services, and activities, because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations. Contractor shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure LEP persons have meaningful access to its programs, services, and activities. Contractor understands and agrees that meaningful access may entail provide language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication.
iii. Agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services, and activities. iv. Agrees to maintain a complaint log of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome.
II. The City must include the following language in every contract or agreement subject to Title VI and its regulations:
“The sub-grantee, contractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or nation origin (42 U.S.C.
Section 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, Title 31 C.F.R. Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. Section 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, Title 31 C.F.R. Sections Part 22, and herein incorporated by reference and made a part of this contract or agreement.” Docusign Envelope ID: 8E2B1517-7321-4C49-83AA-174B2250CD4A
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JJ. Contractor shall cooperate in any enforcement or compliance review activities by the City, and/or the Department of the Treasury. Contractor shall comply with information requests, on-site compliance reviews, and reporting requirements.
KK. Contractor shall maintain records and financial documents sufficient to evidence compliance with section 603(c), regulations adopted by Treasury implementing those sections, and guidance issued by Treasury regarding the foregoing.
LL. City has the right of access to records (electronic or otherwise) of Contractor in order to conduct audits or other investigations.
MM. Contractor shall maintain records for a period of five (5) years after the completion of the contract or a period of five (5) years after the last reporting date the City is obligated with the Department of the U.S. Treasury, whichever is later.
NN. Contractor must disclose in writing any potential conflict of interest in accordance with Title 2 C.F.R.
Section 200.112.
OO. In accordance with Title 41 U.S.C. Section 4712, subrecipient or Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.
The list of persons and entities referenced in the paragraph above includes the following: (i ) A member of Congress or a representative of a committee of Congress; (ii) An Inspector General; (iii) The Government Accountability Office; (iv) A Treasury employee responsible for contract or grant oversight or management; (v) An authorized official of the Department of Justice or other law enforcement agency; (vi) A court or grand jury; or (vii) A management official or other employee of Recipient, subrecipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. Subrecipient or Contractor shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce.
PP. City and Contractor acknowledge that if additional federal guidance is issued, an amendment to this Contract may be necessary. In the event any of the terms in this Exhibit conflict with any other terms in the Contract, the terms in this Exhibit shall control.
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EXHIBIT E
COMPLIANCE WITH IEHP FUNDING AGREEMENT
The Contractor shall comply with Title 2, California Code of Regulations, Sections 11105 et seq, as may be amended from time to time. Contractor further agrees to comply with the below language and include this language in its contract and the contract for any subcontractor on the project.
1. During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decision making, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.). The applicable regulations of the Civil Rights Council implementing Government Code section 12990, set forth in Subchapter 5 of Division 4.1 of Title 2 of the California Code of Regulations are incorporated into this contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
2. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 17, 2025
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Azzam Jabsheh, Deputy Director of Public Works/City Engineer Department: Public Works
Subject: Award Professional Design Services Agreement for The City Hall Parking Structure (5 Level) Improvements Project to IDS Group, Inc. in the amount of $140,633 and
Contingency of $9,367 for a Total Amount of $150,000
(Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California;
1. Approve the award of a Professional Design Services Agreement with IDS Group, Inc. in the amount of $140,633 for the City Hall Parking Structure (5 Level) Improvements Project; and
2. Authorize a contingency amount in total of $9,367 for the project, bringing the total project budget to $150,000; and
3. Authorize the City Manager or designee to execute all documents with IDS Group; and
4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.
City Manager's Comments
The City Manager recommends approval.
Executive Summary
Awarding the agreement for the City Hall Parking Structure (5 Level) Improvements Project (“Project”) will enable the City to proceed with essential rehabilitation and modernization of its five-level parking facility serving Vanir Tower, 201 Building, the Hotel and Convention Center, other entities, and the public.
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The scope of work includes general structural and cosmetic repairs, improvements to drainage and wayfinding, and upgrades to ADA accessibility, lighting, and security monitoring. This project will be funded from budget allocated under Measure S.
Background
The City Hall Parking Structure is a five-level facility located in the downtown civic core of San Bernardino. The structure provides essential parking for the Mayor, City Council, City Manager and all City staff, as well as for visitors to City Hall, patrons of the adjacent Hotel and Convention Center, Surrounding Commercial Businesses, other Entities and the General Public. Over time, the facility has experienced significant wear, including cracking, water intrusion, joint deterioration, and outdated accessibility and lighting conditions that have diminished safety and usability for daily operations.
To address these long-deferred maintenance issues and improve the structure’s functionality, the City has initiated the City Hall Parking Structure (5 Level) Improvements Project. The project aims to rehabilitate the existing structure to extend its service life, restore its visual and functional quality, and ensure compliance with current ADA Standards. The improvements also support the City’s broader goals of downtown revitalization and public safety by modernizing infrastructure that serves as a vital hub for civic activity.
Discussion
Staff recommends approval of a Design Services Agreement (“Agreement”) with IDS Group, Inc. to provide professional architectural and engineering services for the City Hall Parking Structure (5 Level) Improvements Project. The Agreement includes preparation of bid-ready plans, specifications, and estimates (PS&E), along with design support during bidding and construction. The term of the Agreement is December 17, 2025, through December 17, 2026, and will allow the City to proceed with design activities necessary to support construction procurement.
The design scope will focus on addressing deferred maintenance and functional improvements, including structural concrete repair, expansion-joint replacement, repainting of interior and exterior surfaces, drainage upgrades with NPDES/MS4- compliant filtration, ADA-compliant ramps, striping, and signage, vandal-resistant lighting and electrical improvements, roof-level waterproofing, fire/life-safety enhancements, elevator and stairwell interior improvements, CCTV installation, EV charging station provisions, wayfinding improvements, and limited landscape work.
Funding for the project is provided under Measure S.
Staff advertised a Request for Proposals (RFP No. F-25-1039) on PlanetBids for professional design and engineering services for the City Hall Parking Structure (5 Level) Improvements Project. The solicitation sought qualified architectural and engineering firms to provide comprehensive design services for the rehabilitation, modernization, and accessibility upgrades of the City’s five-level parking structure located in the downtown civic center area.
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On October 20, 2025, the City received three proposals from the following firms, with the corresponding proposal amounts:
1. IDS Group, Inc. - Corona, CA - $140,633
2. IMEG Corporation - Los Angeles, CA - $380,765
3. Watry Design, Inc. - San Jose, CA - $801,023
The proposals were evaluated by a City staff selection panel in accordance with the criteria outlined in the RFP. Evaluation factors included firm qualifications, relevant experience with similar municipal projects, understanding of the assignment, technical approach, proposed work plan, staffing and key personnel, schedule, and ability to meet project objectives within budget. Additional factors considered included project references, responsiveness to the RFP, overall presentation quality, and record of performance on comparable public projects.
The evaluation process followed the procedures established under the State of California Government Code and the City’s Purchasing Ordinance. Each proposal was scored and ranked as follows:
1. IDS Group, Inc. - 91.83%
2. IMEG Corporation - 75.67%
3. Watry Design, Inc. - 66.00%
Based on the evaluation results, IDS Group, Inc. was determined to be the highest- ranked and most qualified firm to perform the required services. 2021-2025 Strategic Targets and Goals
This project is consistent with Goal No. 4 – Improved Quality of Life: Evaluate and enhance the quality of public facilities and infrastructure to promote safety, accessibility, and community well-being.
The City Hall Parking Structure (5 Level) Improvements Project directly supports this goal by restoring and modernizing a critical public facility that serves City staff, residents, and visitors. The rehabilitation will improve structural safety, upgrade ADA accessibility, enhance lighting and security, and ensure compliance with current standards. These improvements contribute to a safer, more functional, and visually enhanced civic environment, supporting the City’s long-term commitment to improving the quality of life and accessibility within the downtown core.
Fiscal Impact
The City Hall Parking Structure (5 Level) Improvements Project will be funded through Measure S, which was adopted as part of the City’s budget on June 4, 2025. A total of $150,000 has been allocated in the FY 25/26 Capital Improvement Program (CIP) budget to fund this agreement. There are sufficient funds within the department’s approved budget to cover the cost of the professional design and engineering services agreement with IDS Group, Inc., including any necessary contingency to support successful project delivery.
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California;
1. Approve the award of a Professional Design Services Agreement with IDS Group, Inc. in the amount of $140,633 for the City Hall Parking Structure (5 Level) Improvements Project; and
2. Authorize a contingency amount in total of $9,367 for the project, bringing the total project budget to $150,000; and
3. Authorize the City Manager or designee to execute all documents with IDS Group; and
4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.
Attachments
Attachment 1 Design Service Agreement
Attachment 2 Proposal, IDS Group, Inc.
Attachment 3 Location Map
Ward:
Ward 1
Synopsis of Previous Council Actions:
June 04, 2025, FY 2025/2026 Budget Presentation (All Wards) CC: Eric Levitt, City Manager
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1 CITY OF SAN BERNARDINO
DESIGN SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into as December 17, 2025 (“Effective Date***) by and between the City of San Bernardino, a charter city and municipal corporation organiz ed and operating under the laws of the State of California, with its principal place of bus iness at Vanir Tower, 290 North D Street, San Bernardino, California 92401 (“City”), and IDS Group, Inc., a California Corporation, with its principal place of business at 980 Montecito, Suite 205, Corona, CA 92879 (hereinafter referred to as “Designer”). City and Designer are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2. RE
CITALS.
2.1 City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
2.2 Designer. Designer desires to perform and assume responsibility for the provision of certain professional design services required by the City on the terms and conditions set forth in this Agreement. Designer warrants that it is fully licensed, qualified, and willing to perform the services required by this Agreement; provided, however, that if Designer is a corporation or other organization, the Project Designer designated pursuant to Section 3.2, and not the Designer itself, shall be fully licensed to practice as an architect and/or engineer in the State of California.
2.3 Project. City desires to engage Designer to render such services for the CITY HALL PARKING STRUCTURE (5 LEVEL) PROJECT NO. GB26 -012 ("Project") as set forth in this Agreement.
3. TERMS
3.1 Employment of Designer.
3.1.1 Scope of Services . Designer promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional design and related services necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement (hereinafter referred to as “Services”). The Services are more particularly described throughout this Agreement, including Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, any exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. All Services performed by Designer shall be subject to the sole and disc
retionary approval of the City, which approval shall not be unreasonably withheld.
3.1.2 Term. The term of this Agreement shall be from December 17, 2025 to December 17, 2026, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established s chedules and deadlines.
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2 3.2 Project Designer; Key Personnel.
3.2.1 Project Designer . Designer shall name a specific individual to act as Project Designer, subject to the approval of City. Designer hereby designates IDS Group, Inc. (License No. 2091154) to act as the Project Designer for the Project. The Project Designer shall:
(1) m
aintain oversight of the Services; (2) have full authority to represent and act on behalf of the Designer for all purposes under this Agreement; (3) supervise and direct the Services using his or her best skill and attention; (4) be responsible for the means, methods, techniques, sequences and procedures used for the Services; (5) adequately coordinate all portions of the Services; and (6) ac
t as principal contact with City and all contractors, consultants, engineers and inspectors on the Project. Any change in the Pro ject Designer shall be subject to the City’s prior written approval, which approval shall not be unreasonably withheld. The new Project Designer shall be of at least equal competence as the prior Project Designer . In the event that City and Designer cannot agree as to the substitution of a new Project Designer , City shall be entitled to terminate this Agreement for cause.
3.2.2 Key Personnel. In addition to the Project Designer , Designer has represented to the City that certain additional key personnel, engineers and consultants will perform the Services under this Agreement. Should one or more of such personnel, engineers or consultants become unavailable, Designer may substitute others of at least equal competence upon written approval of the City. In the event that City and Designer cannot agree as to the substitution of key personnel, engineers or consultants, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel, engineers or consultants who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Designer at the request of the City. The key additional personnel, engineers and consultants for performance of this Agreement are as follows:
Said Hilmy, PhD, PE, SE, LEED AP
• Title: Principal in Charge / Contract Administrator
• License: California Registered Professional Engineer (PE) and Structural Engineer (SE)
J
ohn Silber, AIA
• Title: Principal Architect / Project Manager
• License: California Licensed Architect (AIA)
Sh
elley Sviska, RA, LEED AP
• Title: Project Manager
• License: California Licensed Architect (RA)
3.3 Hiring of Consultants and Personnel.
3.3.1 Right to Hire or Employ. Designer shall have the option, unless City objects in writing after notice, to employ at its expense architects, engineers, experts or other consultants qualified and licensed to render services in connection with the planning and/or administration of the Project, and to delegate to them such duties as Designer may delegate without relieving Designer from administrative or other responsibility under this Agreement. Designer shall be responsible for the coordination and cooperation of Designer ’s architects, engineers, experts or
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3 other consultants. All consultants, including changes in consultants, shall be subject to approval by City in its sole and reasonable discretion. Designer shall notify City of the identity of all consultants at least fourteen (14) days prior to their commencement of work to allow City to review their qualifications and approve to their participation on the Project in its sole and reasonable discretion.
3.3.2 Qualification and License. All architects, engineers, experts and other consultants retained by Designer in performance of this Agreement shall be qualified to perform the Services assigned to them, and shall be licensed to practice in their respective professions, where required by law.
3.3.3 Standards and Insurance. All architects, engineers, experts and other consultants hired by Designer shall be required to meet all of the same standards and insurance requirements set forth in this Agreement, unless other standards or requirements are approved by the City in writing. Unless changes are approved in writing by the City, Designer’s agreements with its consultants shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.3.4 Assignments or Staff Changes. Designer shall promptly obtain written City approval of any assignment, reassignment or replacement of such architects, engineers, experts and consultants, or of other staff changes of key personnel working on the Project. As provided in the Agreement, any changes in Designer ’s consultants and key personnel shall be subject to approval by City.
3.3.5 Draftsman and Clerical Support. Draftsmen and clerical personnel shall be retained by Designer at Designer’s sole expense.
3.4 Standard of Care.
3.4.1 Standard of Care. Designer shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals qualified to perform the Services in the same discipline in the State of California, and shall be responsible to City for damages sustained by the City and delays to the Project as specified in the indemnification provision of this Agreement. Without limiting the foregoing, Designer shall be fully responsible to the City for any increased costs incurred by the City as a result of any such delays in the design or construction of the Project. Designer represents and maintains that it is skilled in the professional calling necessary to perform the Services. Designer warrants and represents that all of its employees, architects, engineers, experts and other consultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Designer represents that it, its employees, architects, engineers, experts and other consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services assigned to or rendered by them and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Designer shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Designer’s failure to comply with the standard of care provided for herein.
3.4.2 Performance of Employees. Any employee or consultant who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee or
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4 consultant who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Designer and shall not be re-employed to perform any of the Services or to work on the Project.
3.5 Laws and Regulations.
3.5.1 Knowledge and Compliance. Designer shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in any manner affecting the performance of the Services or the Project, and shall give all notices required of the Designer by law. Designer shall be liable, pursuant to the standard of care and indemnification provisions of this Agreement, for all violations of such laws and regulations in connection with its Services. If the Designer performs any work knowing it to be contrary to such laws, rules and regulations, Designer shall be solely responsible for all costs arising therefrom.
Designer shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.5.2 Drawings and Specifications . Designer shall cause all drawings and specifications to conform to any applicable requirements of federal, state and local laws, rules and regulations, including the Uniform Building Code, in effect as of the time the drawings and specifications are prepared or revised during the latest phase of the Services described in Exhibit “A” attached hereto. Any significant revisions made necessary by changes in such laws, rules and regulations after this time may be compensated as Additional Services which were not known or reasonably should not have been known by Designer. Designer shall cause the necessary copies of such drawings and specifications to be filed with any governmental bodies with approval jurisdiction over the Project, in accordance with the Services described in Exhibit “A” attached hereto. For the preparation of all such drawings and specifications, the Designer shall use Computer Aided Design Drafting (“CADD”) (e.g., AutoCAD) or other technology acceptable to the Designer and City.
3.5.3 Americans with Disabilities Act . Designer will use its best professional efforts to interpret all applicable federal, state and local laws, rules and regulations with respect to access, including those of the Americans with Disabilities Act (“ADA”). Designer shall inform City of the existence of inconsistencies of which it is aware or reasonably should be aware between federal and state accessibility laws, rules and regulations, as well as any other issues which are subject to conflicting interpretations of the law, and shall provide the City wi th its interpretation of such inconsistencies and conflicting interpretations. Unless Designer brings such inconsistencies and conflicting interpretations to the attention of the City and requests City’s direction on how to proceed, the Designer’s interpretation of such inconsistencies and conflicting interpretations shall be the sole responsibility and liability of Designer , and the Designer shall correct all plans, specifications and other documents prepared for the Project at no additional cost if its interpretations are shown to be incorrect. In the event that the Designer request’s City’s direction on how to proceed with respect to any inconsistent and/or conflicting interpretation, the Designer shall be responsible to the City only pursuant to the indemnification provisions of this Agreement.
3.5.4 Permits, Approvals and Authorizations. Designer shall provide City with a list of all permits, approvals or other authorizations required for the Project from all federal, state or local governmental bodies with approval jurisdiction over the Project. Designer shall then assist the City in obtaining all such permits, approvals and other authorizations. The costs of such permits, approvals and other authorizations shall be paid by the City.
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5 3.5.5 Water Quality Management and Compliance.
(a) Compliance with Water Quality Laws, Ordinances and Regulations.
Designer shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California P orter-Cologne Water Quality Control Act (Cal Water Code §§ 13000 -14950); and any and all regulations, policies, or permits issued pursuant to any such authority. Designer shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
(b) Standard of Care. Designer warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.5.5(a) of this Agreem ent. Designer further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
(c) Liability for Non-compliance.
(i) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.5.5(a) of this Agreement is a violation of federal and state law.
Notwithstanding any other indemnity contained in this Agreement, Designer agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(ii) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Designer’s failure to comply with any applicable water quality law, regulation, or policy. Designer hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(iii) Damages: City may seek damages from Designer for delay in completing the Services caused by Designer’s failure to comply with the laws, regulations and policies described in Section 3.5.5(a) of this Agreement, or any other relevant water quality law, regulation, or policy.
3.5.6 Air Quality.
(a) Compliance with Air Quality Laws, Ordinances, and Regulations .
Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall
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6 specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel -powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.6 Independent Contractor.
3.6.1 Control and Payment of Subordinates . City retains Designer on an independent contractor basis and Designer is not an employee of City. Designer is not an employee for state tax, federal tax or any other purpose, and is not entitled to the rights or benefits afforded to City’s employees. Any additional personnel performing the Services under this Agreement on behalf of Designer shall also not be employees of City, and shall at all times be under Designer’s exclusive direction and control. Designer shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Designer shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.7 Schedule of Services.
3.7.1 Designer Services. Designer shall fully and adequately complete the Services described in this Agreement and in Exhibit “A” attached hereto and incorporated herein by reference.
3.7.2 Timely Performance Standard. Designer shall perform all Services hereunder as expeditiously as is consistent with professional skill and care, as well as the orderly progress of the Project work so as not to be the cause, in whole or in part, of delays in the completion of the Project or in the achievement of any Project milestones, as provided herein.
Specifically, Designer shall perform its Services so as to allow for the full and adequate completion of the Project within the time required by the City and within any completion schedules adopted for the Project. Designer agrees to coordinate with City’s staff, contractors and consultants in the performance of the Services, and shall be available to City’s staff, contractors and consultants at all reasonable times.
3.7.3 Performance Schedule. Designer shall prepare an estimated time schedule for the performance of Designer’s Services, to be adjusted as the Project proceeds.
Such schedule shall be subject to the City’s review and approval, which approval shall not be unreasonably withheld, and shall include allowances for periods of time required for City’s review and approval of submissions, and for approvals of authorities having jurisdiction over Project approval and funding. If City and Designer cannot mutually agree on a performance schedule, City shall have the authority to immediately terminate this Agreement. The schedule shall not be exceeded by Designer without the prior written approval of City. If the Designer ’s Services are not completed within the time provided by the agreed upon performance schedule, or any milestones established therein, it is understood, acknowledged and agreed that the City will suffer damage for which the Designer will be responsible pursuant to the indemnification provision of this Agreement.
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7 3.7.4 Excusable Delays. Any delays in Designer’s work caused by the following shall be added to the time for completion of any obligations of Designer: (1) the actions of City or its employees; (2) the actions of those in direct contractual relationship with City; (3) the actions of any governmental agency having jurisdiction over the Project; (4) the actions of any parties not within the reasonable control of the Designer; and (5) Force Majeure Event . Neither the City nor the Designer shall be liable for damages, liquidated or otherwise, to the other on account of such delays. Such a non-compensable adjustment shall be Designer’s sole and exclusive remedy for such delays and the Designer will not receive an adjustment to the contract price or any other compensation. A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Designer and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.
3.7.5 Request for Excusable Delay Credit. The Designer shall, within fifteen (15) calendar days of the beginning of any excusable delay, notify the City in writing of the causes of delay (unless City grants in writing a further period of time to file such notice prior to the date of final payment under the Agreement). City will then ascertain the facts and the extent of the delay, and grant an extension of time for completing the Services when, in its sole judgment, the findings of fact justify such an extension. The City’s findings of fact thereon shall be final and conclusive on the parties. Extensions of time shall apply only to that portion of the Services affected by the delay and shall not apply to other portions of the Services not so affected. The sol e remedy of Designer for extensions of time shall be an extension of the performance time at no cost to the City. If Additional Services are required as a result of an excusable delay, the parties shall mutually agree thereto pursuant to the Additional Services provision of this Agreement. Should Designer make an application for an extension of time, Designer shall submit evidence that the insurance policies required by this Agreement remain in effect during the requested additional period of time.
3.8 Additional Designer Services.
3.8.1 Request for Services. At City’s request, Designer may be asked to perform services not otherwise included in this Agreement, not included within the basic services listed in Exhibit “A” attached hereto, and/or not customarily furnished in accordance with generally accepted design practice.
3.8.2 Definition. As used herein, “Additional Services” mean: (1) any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary for the Designer to perform at the execution of this Agreement; or (2) any work listed as Additional Services in Exhibit “A” attached hereto. Designer shall not perform, nor be compensated for, Additional Services without prior written authorization from City and without an agreement between the City and Designer as to the compensation to be paid for such services. City shall pay Designer for any approved Additional Services, pursuant to the compensation provisions herein, so long as such services
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8 are not made necessary through the fault of Designer pursuant to the indemnification provision of this Agreement.
3.8.3 Examples of Additional Services . Such Additional Services shall not include any redesign or revisions to drawings, specifications or other documents when such revisions are necessary in order to bring such documents into compliance with applicable laws, rules, regulations or codes of which Designer was aware or should have been aware pursuant to the laws and regulations provision of this Agreement above. Such Additional Services may include, but shall not be limited to:
(a) Separately Bid Portions of Project . Plan preparation and/or administration of work on portions of the Project separately bid. (b) Furniture and Interior Design. Assistance to City, if requested, for the selection of moveable furniture, equipment or articles which are not included in the Construction Documents.
(c) Fault of Contractor . Services caused by delinquency, default or insolvency of contractor, or by major defects in the work of the contractor, provided that any such services made necessary by the failure of Designer to detect and report such matters when it reasonably should have done so shall not be compensated. (d) Inconsistent Approvals or Instructions . Revisions in drawings, specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of Designer. (e) Legal Proceedings. Serving as an expert witness on City's behalf or attending legal proceedings to which the Designer is not a party. (f) Damage Repair. Supervision of repair of damages to any structure. (g) Extra Environmental Services . Additional work required for environmental conditions (e.g. asbestos or site conditions) not already contemplated within the Designer's services for the Project.
3.9 City Responsibilities. City’s responsibilities shall include the following:
3.9.1 Data and Information. City shall make available to Designer all necessary data and information concerning the purpose and requirements of the Project, including scheduling and budget limitations, objectives, constraints and criteria. As part of the budget limitation information, the City shall provide the Designer with a preliminary construction budget (“City’s Preliminary Construction Budget”).
3.9.2 Project Survey . If required pursuant to the scope of the Project and if requested by Designer, City shall furnish Designer with, or direct Designer to procure at City’s expense, a survey of the Project site prepared by a registered surveyor or civil engineer, any other record documents which shall indicate existing structures, land features, improvements, sewer, water, gas, electrical and utility lines, topographical information and boundary dimensions of the site, and any other such pertinent information.
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9 3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project.
3.9.4 Testing. Retain consultant(s) to conduct chemical, mechanical, soils, geological or other tests required for proper design of the Project, and furnish such surveys, borings, test pits, and other tests as may be necessary to reveal conditions of the site which must be known to determine soil condition or to ensure the proper development of the required drawings and specifications.
3.9.5 Required Inspections and Tests. Retain consultant(s) to conduct materials testing and inspection or environmental/hazardous materials testing and inspection pursuant to any applicable laws, rules or regulations.
3.9.6 Fees of Reviewing or Licensing Agencies . Directly pay or reimburse the payment of all fees required by any reviewing or licensing agency, or other agency having approval jurisdiction over the Project.
3.9.7 City’s Representative. The City hereby designates Azzam Jabsheh, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Representative hereby designates Azzam Jabsheh, City Engineer, or his or her designee, as the City’s contact for the implementation of the Services hereunder. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.9.8 Review and Approved Documents . Review all documents submitted by Designer, including change orders and other matters requiring approval by the City Council or other officials. City shall advise Designer of decisions pertaining to such documents within a reasonable time after submission, so as not to cause unreasonable delay as provided in the excusable delay provisions of this Agreement above.
3.10 Compensation.
3.10.1 Designer’s Compensation for Basic Services . City shall pay to Designer, for the performance of all Services rendered under this Agreement, the total not to exceed amount of One Hundred Forty Thousand Six Hundred Thirty- Three Dollars ($140,633) (“Total Compensation”). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit “B” and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement.
3.10.2 Payment for Additional Services . At any time during the term of this Agreement, City may request that Designer perform Additional Services. As used herein, Additional Services means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement . Any additional work in excess of this amount must be approved by the City . If authorized, such Additional Services will be c ompensated at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. If City requires Designer to hire consultants to perform any Additional Services, Designer shall be compensated therefore at the rates and in the manner set forth in Exhibit “C” attached hereto and
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10 incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. City shall have the authority to review and approve the rates of any such consultants. In addition, Designer shall be reimbursed for any expenses incurred by such consultants pursuant to the terms and conditions of Section 3.10.3.
3.10.3 Reimbursable Expenses . Reimbursable expenses are in addition to compensation for the Services and Additional Services. Designer shall not be reimbursed for any expenses unless authorized in writing by City, which approval may be evidenced by inclusion in Exhibit “C” attached hereto. Such reimbursable expenses shall include only those expenses which are reasonably and necessarily incurred by Designer in the interest of the Project. Designer shall be required to acquire prior written consent in order to obtain reimbursement for the following: (1) extraordinary transportation expenses incurred in connection with the Project; (2) out-of-town travel expenses incurred in connection with the Project; (3) fees paid for securing approval of authorities having jurisdiction over the Project; (4) bid document duplication costs in excess of $1,000; and (5) other costs, fees and expenses in excess of $1,000.
3.10.4 Payment to Designer. Designer’s compensation and reimbursable expenses shall be paid by City to Designer no more often than monthly. Such periodic payments shall be made based upon the percentage of work completed, and in accordance with the phasing and funding schedule provided in Exhibit “B” and the compensation rates indicated in Exhibit “C” attached hereto and incorporated herein by reference. In order to receive payment, Designer shall present to City an itemized statement which indicates Services performed, percentage of Services completed, method for computing the amount payable, and the amount to be paid at the address listed in Section 3.29. The statement shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement, as well as those expenses for which reimbursement is requested for that statement period. The amount paid to Designer shall never exceed the percentage amounts authorized by the phasing and funding schedule located in Exhibit “B” attached hereto. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner.
Payments made for Additional Services shall be made in installments, not more often than monthly, proportionate to the degree of completion of such services or in such other manner as the parties shall specify when such services are agreed upon, and in acc ordance with any authorized fee or rate schedule. In order to receive payment, Designer shall present to City an itemized statement which indicates the Additional Services performed, percentage of Additional Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Additional Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner.
Upon cancellation or termination of this Agreement, Designer shall be compensated as set forth in the termination provision herein.
3.10.5 Withholding Payment to Designer. The City may withhold payment, in whole or in part, to the extent reasonably necessary to protect the City from claims, demands, causes of action, costs, expenses, liabilities, losses, damages, or injuries of any kind to the extent arising out of or caused by the negligence, recklessness, or willful misconduct protected under
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11 the indemnification provisions of this Agreement. Failure by City to deduct any sums from a progress payment shall not constitute a waiver of the City’s right to such sums. The City may keep any moneys which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefor, to the payment of any expenses, losses, or damages as determined by the City, incurred by the City for which Designer is liable under the Agreement or state law. Payments to the Designer for compensation and reimbursable expenses due shall not be contingent on the construction, completion or ultimate success of the Project. Payment to the Designer shall not be withheld, postponed, or made contingent upon receipt by the City of offsetting reimbursement or credit from parties not within the Designer’s reasonable control.
3.10.6 Prevailing Wages. Designer 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 L aws, and if the total compensation is $1,000 or more, Designer agrees to fully comply with and to require its consultants to fully comply with such Prevailing Wage Laws. City shall provide Designer with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.
Designer shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Designer’s principal place of business and at the Project site.
Designer shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure of the Designer or its consultants to comply with the Prevailing Wage Laws. It shall be mandatory upon the Designer and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1) . The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.10.7 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Designer and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Designer shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
3.10.8 Labor Compliance. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Designer’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Designer or any subcontractor that affect Designer’s performance of Services, including any delay, shall be Designer’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Designer caused delay and shall not be compensable by the City. Designer shall defend, indemnify and hold the City, its officials, officers, employees and agents free and
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12 harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Designer or any subcontractor.
3.11 Notice to Proceed.
Designer shall not proceed with performance of any Services under this Agreement unless and until the City provides a written notice to proceed.
3.12 Termination, Suspension and Abandonment.
3.12.1 Grounds for Termination; Designer’s Termination for Cause. City hereby reserves the right to suspend or abandon, at any time and for any reason, all or any portion of the Project and the construction work thereon, or to terminate this Agreement at any time with or without cause. Designer shall be provided with at least seven (7) days advanced written notice of such suspension, abandonment or termination. In the event of such suspension, abandonment or termination, Designer shall be paid for Services and reimbursable expenses rendered up to the date of such suspension, abandonment or termination, pursuant to the schedule of payments provided for in this Agreement, less any claims against or damages suffered by City as a result of the default, if any, by Designer . Designer hereby expressly waives any and all claims for damages or compensation arising under this Agreement, except as set forth herein, in the event of such suspension, abandonment or termination. Designer may terminate this Agreement for substantial breach of performance by the City such as failure to make payment to Designer as provided in this Agreement.
3.12.2 City’s Suspension of Work. If Designer’s Services are suspended by City, City may require Designer to resume such Services within ninety (90) days after written notice from City. When the Project is resumed, the Total Compensation and schedule of Services shall be equitably adjusted upon mutual agreement of the City and Designer.
3.12.3 Documents and Other Data . Upon suspension, abandonment or termination, Designer shall provide to City all preliminary studies, sketches, working drawings, specifications, computations, and all other Project Documents, as defined below, to which City would have been entitled at the completion of Designer’s Services under this Agreement. Upon payment of the amount required to be paid to Designer pursuant to the termination provisions of this Agreement, City shall have the rights, as provided in this Agreement hereinafter, to use such Project Documents prepared by or on behalf of Designer under this Agreement. Designer shall make such documents available to City upon request and without additional compensation other than as may be approved as a reimbursable expense.
3.12.4 Employment of other Designers. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.13 Ownership and Use of Documents; Confidentiality.
3.13.1 Ownership. All plans, specifications, original or reproducible transparencies of working drawings and master plans, preliminary sketches, design presentation drawings, structural computations, estimates and any other documents prepared pursuant to this Agreement, including, but not limited to, any other works of authorship fixed in any tangible medium of expression such as writings, physical drawi ngs and data magnetically or otherwise recorded on computer diskettes (hereinafter referred to as the “Project Documents”) shall be and
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13 remain the property of City. Although the official copyright in all Project Documents shall remain with the Designer or other applicable subcontractors or consultants, the Project Documents shall be the property of City whether or not the work for which they were made is executed or completed. Within thirty (30) calendar days following completion of the Project, Designer shall provide to City copies of all Project Documents required by City. In addition, Designer shall retain copies of all Project Documents on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of reasonable duplication costs. Before destroying the Project Documents following this retention period, Designer shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.13.2 Right to Use. Designer grants to City the right to use and reuse all or part of the Project Documents, at City’s sole discretion and with no additional compensation to Designer, for the following purposes:
(a) The construction of all or part of this Project.
(b) The repair, renovation, modernization, replacement, reconstruction or expansion of this Project at any time;
(c) The construction of another project by or on behalf of the City for its ownership and use;
City is not bound by this Agreement to employ the services of Designer in the event such documents are used or reused for these purposes. City shall be able to use or reuse the Project Documents for these purposes without risk of liability to the Designer or third parties with respect to the condition of the Project Documents, and the use or reuse of the Project Documents for these purposes shall not be construed or interpreted to waive or limit City’s right to recover for latent defects or for errors or omissions of the Designer.
Any use or reuse by City of the Project Documents on any project other than this Project without employing the services of Designer shall be at City’s own risk with respect to third parties.
If City uses or reuses the Project Documents on any project other than this Project, it shall remove the Designer’s seal from the Project Documents and hold harmless Designer and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Project Documents on such other project.
3.13.3 License. This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify or reuse any and all Project Documents and any intellectual property rights therein. Designer shall require any and all subcontractors and consultants to agree in writing that City is granted a non- exclusive and perpetual license for the work of such subcontractors or consultants performed pursuant to this Agreement.
3.13.4 Right to License. Designer represents and warrants that Designer has the legal right to license any and all copyrights, designs and other intellectual property embodied in the Project Documents that Designer prepares or causes to be prepared pursuant to this Agreement. Designer shall indemnify and hold City harmless pursuant to the indemnification provisions of this Agreement for any breach of this Section. Designer makes no such representation and warranty in regard to previously prepared designs, plans, specifications, studies, drawings, estimates or other documents that were prepared by design professionals other than Designer and provided to Designer by City.
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14 3.13.5 Confidentiality. All Project Documents, either created by or provided to Designer in connection with the performance of this Agreement, shall be held confidential by Designer to the extent they are not subject to disclosure pursuant to the Public Records Act. All Project Documents shall not, without the written consent of City, be used or reproduced by Designer for any purposes other than the performance of the Services. Designer shall not disclose, cause or facilitate the disclosure of the Project Docum ents to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Designer which is otherwise known to Designer or is generally known, or has become known, to the related industry shall be deemed confidential. Designer shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the written consent of City.
3.14 Indemnification.
3.14.1 To the fullest extent permitted by law, Designer shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Designer , its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Designer’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Designer's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Designer , the City, its officials, officers, employees, agents, or volunteers.
3.14.2 If Designer’s obligation to defend, indemnify, and/or hold harmless arises out of Designer’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Designer’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Designer, and, upon Designer obtaining a final adjudication by a court of competent jurisdiction, Designer’s liability for such claim, including the cost to defend, shall not exceed the Designer ’s proportionate percentage of fault.
3.15 Insurance. Designer shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Designer shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.15.1 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, Designer shall, at its expense, procure and maintain in full force and effect for the duration of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Designer agrees to amend, supplement or endorse the policies to do so.
3.15.2 Additional Insured . The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Designer ’s and its
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15 subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.
3.15.3 Commercial General Liability
(a) The Designer 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. (b) 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. Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(c) 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.
(d) The policy shall give City, the City Council and each member of the City Council, its 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.
(e) 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.
3.15.4 Automobile Liability
(a) At all times during the performance of the work under this Agreement, the Designer shall maintain Automobile Liability Insurance for bodily injury and
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16 property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(b) 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).
(c) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status.
(d) 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.
3.15.5 Workers’ Compensation/Employer’s Liability
(a) Designer 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.
(b) To the extent Designer has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Designer shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amo unts indicated herein.
Designer 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.
3.15.6 Professional Liability (Errors and Omissions)
(a) At all times during the performance of the work under this Agreement the Designer 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 Designer. “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.
3.15.7 Privacy/Network Security (Cyber
(a) At all times during the performance of work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code.
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17 3.15.8 Aviation and/or Drone Liability
(a) If applicable, at all times during the performance of the work under this Agreement, the Designer shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City.
3.15.9 Minimum Policy Limits Required
(a) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and aggregate Aviation/Drone Liability $1,000,000 per occurrence limit (b) Defense costs shall be payable in addition to the limits. (c) 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.
3.15.10 Evidence Required
(a) Prior to execution of the Agreement, the Designer shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
3.15.11 Policy Provisions Required
(a) Designer shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Designer shall
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18 provide at least ten (10) days prior written notice of cancellation of any such policy due to non- payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Designer 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.
(b) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Designer’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.
(c) The retroactive date (if any) of each policy is to be no later than the Effective D ate of this Agreement. Designer shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Designer shall purchase a one (1) year extended reporting period A) if the retroac tive 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.
(d) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Designer or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Designer hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (e) 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 Designer from liability in excess of such coverage, nor shall it limit the Designer ’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.
3.15.12 Qualifying Insurers
(a) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.15.13 Additional Insurance Provisions
(a) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Designer , 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 Designer pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
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19 (b) 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 Designer or City will withhold amounts sufficient to pay premium from Designer payments. In the alternative, City may cancel this Agreement.
(c) The City may require the Designer to provide complete copies of all insurance policies in effect for the duration of the Project. (d) 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.
3.15.14 Subconsultant Insurance Requirements
(a) Designer 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 Designer , City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
3.16 Records.
Designer shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Designer shall allow a representative of City during normal business hours to exam ine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Designer shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of five ( 5) years from the date of final payment under this Agreement.
3.17 Standardized Manufactured Items.
Designer shall cooperate and consult with City in the use and selection of manufactured items on the Project, including but not limited to, paint, hardware, plumbing, mechanical and electrical equipment, fixtures, roofing materials and floor coverings. All such manufactured items shall be standardized to City’s criteria to the extent such criteria do not interfere with building design.
3.18 Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described herein. Any additional or subsequent construction at the site of the Project, or at any other City site, will be covered by, and be the subject of, a separate Agreement for design services between City and the designer chosen therefor by City.
3.19 Mediation.
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20 Disputes arising from this Agreement may be submitted to mediation if mutually agreeable to the parties hereto. The type and process of mediation to be utilized shall be subject to the mutual agreement of the parties.
3.20 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, Designer shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
3.21 Asbestos Certification.
Designer shall certify to City, in writing and under penalty of perjury, that to the best of its knowledge, information and belief no asbestos -containing material or other material deemed to be hazardous by the state or federal government was specified as a building material in any construction document that the Designer prepares for the Project. Designer shall require all consultants who prepare any other documents for the Project to submit the same written certification. Designer shall also assist the C ity in ensuring that contractors provide City with certification, in writing and under penalty of perjury, that to the best of their knowledge, information and belief no material furnished, installed or incorporated into the Project contains asbestos or any other material deemed to be hazardous by the state or federal government. These certifications shall be part of the final Project submittal. Designer shall include statements in its specifications that materials containing asbestos or any other material deemed to be hazardous by the state or federal government are not to be included.
3.22 No Third Party Rights.
This Agreement shall not create any rights in, or inure to the benefits of, any third party except as expressly provided herein.
3.23 Governing Law.
This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. Venue shall be in San Bernardino County.
3.24 Exhibits and Recitals.
All exhibits and recitals contained herein and attached hereto are material parts of this Agreement and are incorporated as if fully set forth.
3.25 Severability.
Should any provision in the Agreement be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.
3.26 Non-Waiver.
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.
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21 3.27 Safety.
Designer shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Designer shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of its employees, consultant and subcontractors appropriate to the nature of the work and the conditions under which the work is to be performed.
3.28 Harassment Policy.
Designer shall provide a copy of the City's Harassment Policy to each of its employees assigned to perform the tasks under this Agreement. Designer shall submit to the City's Personnel Manager a statement signed by each of its employees who are assigned to perform the Services under this Agreement certifying receipt of City's Harassment Policy and certifying that they have read the Harassment Policy. A finding by the City that any of Designer's employees has harassed a City employee shall be grounds for appropriate discipline, up to and including such employee's removal from performance of this Agreement at City's request.
3.29 Delivery of Notices.
All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, California 92401
Attn: City Manager
With a Copy to:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
DESIGNER:
IDS Group, Inc.
980 Montecito, Suite 205
Corona, CA 92879
Contact Person: John Silber, AIA,
Principal Architect / Project Manager
Phone: 949.387.8500 ext. 509
Email: [email protected]
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.30 Time of Essence.
Time is of the essence for each and every provision of this Agreement.
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22 3.31 City’s Right to Employ Other Consultants.
City reserves right to employ other consultants, including designers, in connection with this Project or other projects.
3.32 Prohibited Interests.
3.32.1 Solicitation. Designer maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Designer, to solicit or secure this Agreement. Further, Designer 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 Designer, 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.
3.32.2 Conflict of Interest . For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.33 Equal Opportunity Employment.
Designer 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 any other classification protected by federal or state law.
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. Designer shall also comply wit h all relevant provisions of City’s minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.34 Labor Certification.
By its signature hereunder, Designer certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.35 Subcontracting.
As specified in this Agreement, Designer shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to each and every provision of this Agreement.
3.36 Supplemental Conditions.
Any supplemental conditions shall be attached as an exhibit to this Agreement, and that exhibit shall be incorporated herein by reference.
3.37 Electronic Signature.
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23 Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
3.38 Entire Agreement.
This Agreement, with its exhibits, contains the entire agreement of the parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the parties hereto. 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. Furthermore, any modification of this Agreement shall only be effective if in writing signed by all parties hereto. [SIGNATURES ON FOLLOWING PAGE]
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24 SIGNATURE PAGE FOR DESIGN SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND IDS Group, Inc.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Eric Levitt
City Manager
ATTESTED BY:
Telicia Lopez
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
DESIGNER
IDS Group, Inc.
APPROVED BY:
John Silber, AIA
Principal Architect/ Project Manager
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Exhibit A-1
EXHIBIT A
DESIGNER’S SCOPE OF SERVICES
1. GENERAL REQUIREMENTS.
1.1 Basic Services. Designer agrees to perform all the necessary professional design, engineering (e.g. mechanical, electrical, plumbing, structural, site engineering, and any other necessary engineering services mutually agreeable to the parties) and construction administration services for the Project in a timely and professional manner, consistent with the standards of the profession, including those provided for herein.
1.2 Exclusions from Basic Services. N/A
1.3 Additional Services. Designer shall perform the following Additional Services for the Project: N/A
1.4 Communication with City. Designer shall participate in consultations and conferences with authorized representatives of City and/or other local, regional, or state agencies concerned with the Project, which may be necessary for the completion of the Project or the development of the drawi ngs, specifications and documents in accordance with the applicable standards and requirements of law and the City. Such consultations and conferences shall continue throughout the planning and construction of the Project and the contractor’s warranty period. Designer shall take direction only from the City’s Representative, or any other representative specifically designated by the City for this Project, including any construction manager hired by the City.
1.5 Coordination and Cooperation with Construction Manager. The City may hire a construction manager to administer and coordinate all or any part of the Project on its behalf. If the City does so, it shall provide a copy of its agreement with the construction manager so that the Designer will be fully aware of the duties and responsibilities of the construction manager.
The Designer shall cooperate with the construction manager and respond to any requests or directives authorized by the City to be made or given by the construction manager. The Designer shall request clarification from the City in writing if the Designer should have any questions regarding the authority of the construction manager.
2. INITIAL PLANNING PHASE.
During the initial planning phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:
2.1 Project Feasibility. Provide advice and assistance to City in determining the feasibility of the Project, analysis of the type and quality of materials and construction to be selected, the site location, and other initial planning matters.
2.2 Meeting Budget and Project Goals. Designer shall notify City in writing of potential complications, cost overruns, unusual conditions, and general needs that potentially impact the Project budget and time line, including the City’s Preliminary Construction Budget.
Designer shall use its best judgment in determining the balance between the size, type and quality of construction to achieve a satisfactory solution within the Project’s budget and construction
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Exhibit A-2
allowance. It shall be the duty of the Designer to design the Project within budget. As discussed herein, including in Section 7.3, if the lowest responsive and responsible bid for the Project exceeds the budget by the stated amount, Designer may be required to make the necessary changes in the drawing and specifications, at its sole cost and expense, to bring the bids within the required budget.
2.3 Permits, Approvals and Authorizations. As indicated in Section 3.5.4 of the Agreement, Designer shall assist City in securing easements, encroachment permits, rights of way, dedications, infrastructures and road improvements, as well as coordinating with utilities and adjacent property owners.
3. SCHEMATIC PLAN PHASE.
During the schematic plan phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:
3.1 Funding Documents. Designer shall provide a site plan and all other Project - related information necessary and required for an application by City to any federal, state, regional, or local agencies for funds to finance the construction Project.
3.2 Schematic Plans. In cooperation with City, Designer shall prepare preliminary plans and studies, schematic drawings, site utilization plans, and phasing plans showing the scale and relationship of the components of the Project, the plot plan development at the site, and the proposed design concept of the buildings (“Schematic Plans”). Designer shall incorporate the functional requirements of City into the Schematic Plans. The Schematic Plans shall meet all laws, rules and regulations of the State of California. The Schematic Plans shall show all rooms incorporated in each building of the Project in single-line drawings, and shall include all revisions required by City or by any federal, state, regional or local agency having jurisdiction over the Project. All design drawings for the Project shall be in a form suitable for reproduction.
3.3 Preliminary Project Budget. Designer shall use the City’s Preliminary Construction Budget and its own expertise and experience with the Project to establish a preliminary project budget or allowance in a format required by City (“ Designer’s Preliminary Project Budget”). The purpose of the Designer’s Preliminary Project Budget is to show the probable Project cost in relation to City’s Preliminary Construction Budget and the construction standards of any applicable funding agency. If Designer perceives site considerations which render the Project expensive or cost prohibitive, Designer shall disclose such conditions in writing to City immediately. As discussed herein, including in Section 7.3, if the lowest responsive and responsible bid for the Project exceeds the budget by more than the stated amount, Designer may be required to make the necessary changes in the drawings and specifications, at its sole cost and expense, to bring the bids within the required budget Designer shall provide a preliminary written time schedule for the performance of all construction work on the Project.
3.4 Copies of Schematic Plans and Other Documents. Designer, at its own expense, shall provide a complete set of the Schematic Plans described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.
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Exhibit A-3
4. DESIGN DEVELOPMENT PHASE.
During the design development phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:
4.1 Design Development Documents. Once City provides Designer with specific written approval of the Schematic Plans described herein, Designer shall prepare design development documents consisting of: (1) site and floor plans; (2) elevations; and (3) any other drawings and documents sufficient to fix and describe the types and makeup of materials, as well as the size and character of the Project ’s structural, mechanical and electrical systems, and to outline the Project specifications (“Design Development Documents”). The Design Development Documents shall be prepared in sufficient form to present to the City Council for approval.
4.2 Copies of Design Development and Other Documents. Designer, at its own expense, shall provide a complete set of the Design Development Documents described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.
4.3 Updated Project Budget. Designer shall use its Preliminary Project Budget and expertise and experience with the Project to establish an updated estimate of probable construction costs, containing detail consistent with the Design Development Documents as set forth herein and containing a breakdown based on types of materials and specifications identified herein (“Designer’s Updated Project Budget”).
4.4 Timetable. Designer shall provide a written timetable for full and adequate completion of the Project to City.
4.5 Application for Approvals. Designer shall assist City in applying for and obtaining required approvals from all federal, state, regional or local agencies concerned with the Project. Designer shall furnish and process all design and engineering information required to prepare and process applications to applicable utilities in order to secure priorities and materials, to aid in the construction of the Project and to obtain final Project approval and acceptance by any of the above agencies as may be required.
4.6 Color and Other Aesthetic Issues. Designer shall provide, for City’s review and approval, a preliminary schedule of all color materials and selections of textures, finishes and other matters involving an aesthetic decision about the Project.
5. FINAL WORKING DRAWINGS AND SPECIFICATIONS.
During the final working drawings and specifications phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:
5.1 Final Working Drawings and Specifications. Once City provides Designer with specific written approval of the Design Development Documents described herein, Designer shall prepare such complete working drawings and specifications as are necessary for developing complete bids and for properly executing the Project work in an efficient and thorough manner (“Final Working Drawings and Specifications”). Such Final Working Drawings and Specifications shall be developed from the Schematic Plans and Design Development Documents approved by City. The Final Working Drawings and Specifications shall set forth in detail all of the following:
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Exhibit A-4
(1) the Project construction work to be done; (2) the materials, workmanship, finishes, and equipment required for the architectural, structural, mechanical, and electrical systems; and (3) the utility service connection equipment and site work. As indicated in Section 3.9.2 of the Agreement, City may be requested to supply Designer with the necessary information to determine the proper location of all improvements on and off site, including record drawings (“as- built drawings”) in City’s possession. Designer will make a good-faith effort to verify the accuracy of such information by means of a thorough interior and exterior visual survey of site conditions.
City shall also make a good-faith effort to verify the accuracy of the as-built drawings and provide any supplemental information to Designer which may not be shown on the as-built drawings.
5.2 Form. The Final Working Drawings and Specifications must be in such form as will enable Designer and City to secure the required permits and approvals from all federal, state, regional or local agencies concerned with the Project. In addition, the Final Working Drawings and Specifications must be in such form as will enable City to obtain, by compet itive bidding, a responsible and responsive bid within the applicable budgetary limitations and cost standards.
The Final Working Drawings and Specifications shall be clear and legible so that uniform copies may be on standard architectural size paper, properly indexed and numbered, and shall be capable of being clearly copied and assembled in a professional manner by Designer.
5.3 Approval and Revisions. City shall review, study, and check the Final Working Drawings and Specifications presented to it by Designer, and request any necessary revisions or obtain any necessary approvals by the City Council, subject to the approval of all federal, state, regional or local agencies concerned with the Project. Designer shall make all City -requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications at no additional cost, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Designer ’s professional judgment. Designer shall bring any such conflicts and/or inconsistencies to the attention of City. The parties agree that Designer , and not the City, possesses the requisite expertise to determine the constructability of the Final Working Drawings and Specifications.
However, the City reserves the right to conduct one or more constructability r eview processes with the Final Working Drawings and Specifications, and to hire an independent designer or other consultant to perform such reviews. Any such independent constructability review shall be at City’s expense. Designer shall make all City -requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications which may result from any constructability review, at no additional cost to the City, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Designer ’s professional judgment. If such changes, additions, deletions or corrections are inconsistent with prior City direction, Designer shall make such alterations and be compensated therefore pursuant to the Additional Services provision of this Agreement.
5.4 Costs of Construction. It is understood by Designer that should the Final Working Drawings and Specifications be ordered by City, City shall specify the sum of money set aside to cover the total cost of construction of the work, exclusive of Designer ’s fees. Should it become evident that the total construction cost will exceed the specified sum, Designer shall at once present a statement in writing to the City’s Representative setting forth this fact and giving a full statement of the cost estimates on which the conclusion is based.
5.5 Copies of Final Working Drawings and Specifications and Other Documents.
Designer, at its own expense, shall provide a complete set of the Final Working Drawings and Specifications described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local
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Exhibit A-5
agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.
6. CONSTRUCTION CONTRACT DOCUMENTS.
During the construction contract documents phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:
6.1 Bid and Contract Documents. If so required by City, Designer shall assist City in the completion of all bid and construction documents, including but not limited to, the Notice Inviting Bids, Instructions to Bidders, Contract Bid Forms (including Alternate Bids as requested by City), Contract, General Conditions, S upplementary General Conditions, Special Conditions, DVBE and other applicable affirmative action documents, Performance Bond, Payment Bond, Escrow Agreement for Security Deposits, and any other certifications and documents required by federal, state and local laws, rules and regulations which may be reasonably required in order to obtain bids responsive to the specifications and drawings. All such documents shall be subject to the approval of City and City’s legal counsel.
6.2 Final Estimate. At the time of delivery of these bid and construction documents, which shall include the Final Working Drawings and Specifications (collectively referred to herein as the “Construction Documents”), Designer shall provide City with its final estimate of probable construction cost (“Designer’s Final Estimate”). As discussed herein, including in Section 7.3, it shall be the Designer’s duty to design the Project within budget.
7. BID PHASE.
During the bid phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:
7.1 Reproducible Construction Documents. Once City provides Designer with specific written approval of the Construction Documents and Designer’s Final Estimate, Designer shall provide to City one set of reproducible Construction Documents.
7.2 Distribution of Contract Documents and Review of Bids. Designer shall assist City in distributing the Construction Documents to bidders and conducting the opening and review of bids for the Project.
7.3 Over Budget. If the apparent lowest responsive and responsible bid on the Project exceeds the Designer’s Final Estimate by more than five percent (5%), City may request Designer to amend, at Designer’s sole cost and expense, the Final Drawings and Specifications in order to rebid the Project and receive a lowest responsive and responsible bid equal to or less than the Designer’s Final Estimate. All revisions necessary to bring the lowest responsible and responsive bid within the Designer ’s Final Estimate, including any omissions, deferrals or alternates, shall be made in consultation with, and subject to the approval of, the City.
8. CONSTRUCTION PHASE.
During the construction phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:
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Exhibit A-6
8.1 Observation. The Project Designer shall observe work executed from the Final Working Drawings and Specifications in person, provided that City may, in its discretion, consent to such observation by another competent representative of Designer.
8.2 General Administration. Designer shall provide general administration of the Construction Documents and the work performed by the contractors.
8.3 Pre-Construction Meeting. Designer shall conduct one or more pre-construction meetings, as the City determines is needed for the Project, with all interested parties.
8.4 Site Visits of Contractor’s Work. Designer shall conduct site visits to observe each contractors’ work for general conformance with the Construction Documents and with any approved construction schedules or milestones. Such site visits shall be conducted as often as are necessary and appropriate to the stage of construction, according to the City’s sole discretion, but in no event less than weekly.
8.5 Site Visits of Inspector’s Work. Designer shall conduct site visits to communicate and observe the activities of the City inspectors. Such site visits shall be conducted as often as is mutually acceptable to Designer and City. Designer shall direct the City inspectors and the Project contractors to coordinate the preparation of record drawings indicating dimensions and location of all “as-built” conditions, including but not limited to, underground utility lines.
8.6 Coordination of Designer’s Consultants. Designer shall cause all architects, engineers and other consultants, as may be hired by Designer or City, to observe the work completed under their disciplines as required, and approve and review all test results for general conformance with the Construction Documents.
8.7 Reports. Designer shall make regular reports as may be required by applicable federal, state or local laws, rules or regulations, as well as the federal, state, regional or local agencies concerned with the Project.
8.8 Construction Meetings; Minutes. Designer shall attend all construction meetings and provide written reports/minutes to the City after each construction meeting in order to keep City informed of the progress of the work. Such meetings shall occur at a frequency necessary for the progress of the Project work, according to the City’s sole discretion, but no less than weekly.
8.9 Written Reports. Designer shall make written reports to City as necessary to inform City of problems arising during construction, changes contemplated as a result of each such problems, and progress of the Project work.
8.10 Written Records. Designer shall keep accurate written records of the progress and quality of the Project work and the time schedules, and shall advise the contractors and City of any deviations from the time schedule which could delay timely completion of the Project.
8.11 Material and Test Reports. Designer shall check and process, in a timely manner, all required material and test reports for the Project work. In addition, Designer shall provide notice of any deficiencies in material or work reflected in such reports, as well as its recommendation for correction of such deficiencies, to the contractors and City.
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Exhibit A-7
8.12 Review and Response to Submissions. Designer shall review and respond, in a timely manner, to all schedules, submittals, shop drawings, samples, information requests, change requests, and other submissions of the contractor and subcontractors for compliance with, or alterations and additions to, the Construction Documents. Designer’s review and response shall be done in such a manner so as to ensure the timely and uninterrupted progress of the Project work.
8.13 Rejection of Work. Designer shall promptly reject, as discussed with City, work or materials which do not conform to the Construction Documents. Designer shall immediately notify the City and contractor(s) of such rejections. Designer shall also have the authority to recommend to the City that additional inspection or testing of the work be performed, whether or not such work is fabricated, installed or completed.
8.14 Substitutions. Designer shall consult with City, in a timely manner, with regard to substitution of materials, equipment and laboratory reports thereof, prior to the City’s final written approval of such substitutions. Designer ’s consultation shall be done in such a manner so as to ensure the timely and uninterrupted progress of the Project work.
8.15 Revised Documents and Drawings. Designer shall prepare, at no additional expense to City, all documents and/or drawings made necessary by errors and omissions in the originally approved Construction Documents.
8.16 Change Requests and Material Changes. Designer shall evaluate and advise City, in a timely manner and in writing, of any change requests and material change(s) which may be requested or necessary in the Project plans and specifications. Designer shall provide the City with its opinion as to whether such change requests should be approved, denied or revised.
If the City has not hired a construction manager or other person to do so, the Designer shall prepare and execute all change orders and submit them t o the City for authorization. If the City has designated a construction manager or other person to prepare all change orders, the Designer shall review all change orders prepared by such person, execute them and deliver them to the City for authorization if they meet with the Designer’s approval, or submit them to the City with recommendations for revision or denial if necessary. Designer shall not order contractors to make any changes affecting the contract price without approval by City of such a written change order, pursuant to the terms of the Construction Documents. Designer may order, on its own responsibility and pending City Counc il approval, changes necessary to meet construction emergencies, if written approval of City’s Representative is first secured.
8.17 Applications for Payment. Designer shall examine, verify and approve contractor’s applications for payment, and shall issue certificates for payment in amounts approved by the City’s inspector.
8.18 Final Color and Product Selection. Designer shall coordinate final color and product selection with City’s original design concept.
8.19 Substantial Completion. Designer shall determine the date of substantial completion, in consultation with the City.
8.20 Punch List. After determining that the Project is substantially complete, Designer shall participate in the inspection of the Project and shall review all remaining deficiencies and minor items needed to be corrected or completed on the Project, including those identified on the punch list prepared by the contractor (“Punch List Items”) . Designer shall notify contractor in
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Exhibit A-8
writing that all Punch List Items must be corrected prior to final acceptance of the Project and final payment. Designer shall also notify City of all Punch List Items.
8.21 Warranties. Designer shall review materials assembled by the contractor and subcontractors with regard to all written warranties, guarantees, owners’ manuals, instruction books, diagrams, record “as built” drawings, and any other materials required from the contractors and subcontractors pursuant to the Construction Documents. Designer shall coordinate and provide these materials to the City.
8.22 Certificate of Completion. Designer shall participate in any further inspections of the Project necessary to issue Designer ’s Certificate of Completion and final certificate for payment.
8.23 Documents for Project Close- Out. Designer shall cause all other architects, engineers and other consultants, as may be hired by Designer , to file any and all required documentation with the City or other governmental authorities necessary to close out the Project.
Designer shall assist the City in obtaining such documentation from all other architects, engineers, or other consultants.
9. AS-BUILT DRAWINGS.
During the as-built drawings phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:
9.1 As-Built Drawings and Specifications. Not later than thirty (30) days after substantial completion of the Project, before receipt of final payment, Designer shall review and forward the Final Working Drawings and Specifications, indicating on them all changes made by change orders or otherwise pursuant to the Construction Documents, as well as all information called for on the specifications, thus producing a n “as-built” set of Final Working Drawings and Specifications (“As-Built Drawings and Specifications”). The As-Built Drawings and Specifications shall show, among other things, the location of all concealed pipe, buried conduit runs and other similar elements within the completed Project. Designer shall personally review and certify that the As-Built Drawings and Specifications are a correct representation of the information supplied to Designer by any inspectors and the contractor, and shall obtain certifications from any inspectors and the contractor that the drawings are correct.
9.2 Approval. Once City provides Designer with specific written approval of the As - Built Drawings and Specifications, Designer shall forward to City the complete set of original As- Built Drawings and Specifications or a complete set of reproducible duplicate As -Built Drawings and Specifications. The tracing shall be of such quality that clear and legible prints may be made without appreciable and objectionable loss of detail.
9.3 Documents for Final Payment. Prior to the receipt of Designer’s final payment, Designer shall forward to City all of the following: (1) one clear and legible set of reproductions of the computations; (2) the original copy of the specifications; (3) the As -Built Drawings and Specifications as required herein; and (4) Designer’s Certificate of Completion.
10. WARRANTY PERIOD.
During the warranty period phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:
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Exhibit A-9
10.1 Advice. Designer shall provide advice to City on apparent deficiencies in the Project during any applicable warranty periods for the Project.
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Exhibit C-1
EXHIBIT B
FEE AND PHASING/FUNDING SCHEDULES
1. FEE SCHEDULE.
Designer will invoice City on a monthly cycle based on the following fee schedule.
Designer will include with each invoice a detailed progress report that indicates the amount of budget spent on each phase and the total amount spent against the Total Compensation.
Designer will inform City regarding any out-of-scope work being performed by Designer for which Designer intends to seek compensation from City.
2. PHASING/FUNDING SCHEDULE.
Progress payments towards Total Compensation shall never exceed the following percentages of Total Compensation as of the phase indicated:
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Exhibit C-1
EXHIBIT C
COMPENSATION RATES AND REIMBURSABLE EXPENSES
1. HOURLY COMPENSATION RATES.
The following hourly rates shall apply for all work performed under this Agreement, including any authorized additional services:
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Exhibit C-2
2. REIMBURSABLE EXPENSES.
Reimbursable expenses shall be as defined and governed by Section 3.10.3 of the Design Services Agreement (DSA).
3. ADDITIONAL SERVICES.
Additional Services shall be billed at the actual hourly rates listed above and shall be performed only upon prior written authorization by the City’s Project Manager.
4. ADDITIONAL CONSULTANTS.
If the City requests the Designer to hire subconsultants to perform any Additional Services, Designer shall be compensated at the actual cost of such services plus ten percent (10%) for administrative and coordination expenses.
The City reserves the right to review and approve all consultant rates prior to authorization.
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C i t y o f S a n B e r n a r d i n o
P r o f e s s i o n a l D e s i g n E n g i n e e r i n g S e r v i c e s
C I T Y H A L L P A R K I N G S T R U C T U R E
I M P R O V E M E N T S - P r o j e c t N o . G B 2 6 - 1 2 O c t o b e r 2 0 , 2 0 2 5
R E S P O N S E F I L E
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980 Montecito, Suite, 205, Corona, California 92879 951.631.8550 www.idsgi.com October 20, 2025
City of San Bernardino
290 North D Street
San Bernardino, California 92401
Attention: Jennifer Broadnax, Purchasing Division
SUBJECT: CITY HALL PARKING STRUCTURE (5 LEVEL) PROJECT NO. GB26-012 Dear Ms. Broadnax and Members of the Selection Committee, IDS Group (IDS) is pleased to submit this proposal to provide professional engineering services for the City of San Bernardino City Hall Parking Structure, assessment and improvements. IDS has an in depth understanding of the San Bernardino City Hall Parking Structure and what is needed to provide a comprehensive, well thought out design.
IDS brings more than 65 years’ experience providing architecture and engineering expertise to a vast number of public agencies throughout Southern California, specializing in the field of structural design, seismic engineering, and forensic investigation. Our principals and staff have been serving on many code development committees and have published numerous technical papers and engineering articles on parking structures, seismic design, retrofit, and repair. IDS engineers have provided services on similar projects for many clients all over Southern California.
PROVEN PERFORMANCE:
Experience with the City of San Bernardino: Our project team brings an established record of accomplishment of working with the City. The IDS team will be “in sync” from day one with the City’s organization value systems. As we have done so on previous similar projects, the IDS team will serve and work closely with the City’s department representatives to understand their goals and vision while personally guiding them through the design, cost estimate, and other requirements for this project. IDS previously completed condition assessments and seismic upgrades at three (3) of the City-owned parking structures serving the City Hall and the Carousel Mall, IDS provided a cost estimate for repairs and upgrades, as well as various other projects including, Speicher Ball Field Upgrades, Newmark Ball Field Upgrades, the San Bernardino Fire Station #222 Sleeping Quarters Remodel, the CAO Communication Office Remodel, and Repair and the San Bernardino County Fire Station 23Seismic Assessment to name a few.
Experienced T eam: Our team has completed over 200 projects involving parking structures, commercial, industrial, residential and institutional facilities, including many for government and public agencies within the last five years. A testament to the quality of our customer service is represented by the fact that approximately 80% of our clientele is repeat business. Our experience with City-owned parking structures in Southern California is significant. Some of these include:
• IDS is currently working with the City of Manhattan Beach to provide structural damage repair as well as the expansion of the parking structure and corresponding cost estimates. • IDS is providing A/E services for the City of Santa Monica to repair city parking structures in downtown Santa Monica and provide ten-year parking planning for the City. IDS later provided the evaluation and upgraded the elevators in three of their parking structures.
1. EXECUTIVE SUMMARY
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980 Montecito, Suite, 205, Corona, California 92879 951.631.8550 www.idsgi.com • The City of Riverside selected IDS to implement the findings of the condition assessment performed by IDS for the repair of Parking Structures #1, #2, and #3, including recent damage of the post-tensioned beams. • Along the same lines, the City of Rancho Palos Verdes selected IDS in 2011 to assess and repair the City owned parking structure adjacent to the City Hall.
• Other related firm experience includes distress repair of parking structures for Simon Property Group (Mission Viejo Mall and Fashion Valley Mall in San Diego), El Camino Community College Parking Structure F, and San Diego 7th Street Parking Structures, which were awarded the most prestigious outstanding achievement award by SEAOC for the renovation and seismic upgrade of the facility.
We thank the City of San Bernardino for the opportunity to submit this proposal and look forward to a favorable response from our submittal. Mr. John Silber AIA, will be the Principal Architect and the main point-of-contact for the City of San Bernardino. He can be reached at 949. 387-8500 ext. 156 or [email protected]. Mr. Said Hilmy, Principal of IDS Group, hereby acknowledges that he will be the contract administrator for the City and will negotiate and contractually bind the firm regarding matters pertaining to this Proposal. If you require further information, please contact him directly at 949.387.8500 ext. 116 or [email protected].
Sincerely,
IDS Group
John Silber, AIA Said Hilmy, PhD, PE, SE, LEED AP
Principal Architect/Project Manager Principal In Charge/Contract Administrator
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3 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
Solutions Through Integrated Design
1. Executive Summary 1
2. Table of Contents 3
3. Identification of Proposer 4
4. Staffing Resources 5
5. Fiscal Stability 16
6. Experience & T echnical Competence 18
7. Proposed Method to Accomplish the Work 27
8. Fee Proposal 33
9. Insurance 34
10. Litigation 35
11. Other Information 36
12. Certification of Proposal 39
13. Appendix 42
2. TABLE OF CONTENTS
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4 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
3. IDENTIFICATION OF
PROPOSER
Company Data
a. Legal Name and
Address
Corona Office: 980 Montecito, Suite 205, Corona, CA 92879 Los Angeles Office: 1210 Wilshire Blvd., Suite 800, Los Angeles, CA 90025 Pasadena Office: 625 Fair Oaks Ave, Suite 377, South Pasadena, CA 91030 Irvine Office: 1 Peters Canyon Road, Suite 130, Irvine, CA 92606 Encinitas Office: 336 Encinitas Blvd., Suite 110, Encinitas, CA 92024 b. Legal Form of
Company
IDS is a California Corporation incorporated in 1998
Small Business Enterprise - DGS 28443
c. Wholly-owned
Subsidiary Not Applicable
d. Company
Representative
John Silber, AIA, Principal Architect/Project Manager
980 Montecito, Suite 205, Corona, CA 92879
949.387.8500 ext. 509
[email protected]
e. California Business
License Number Entity Number: 2091154
Mr. Said Hilmy, PhD, PE, SE, LEED AP , will be the Contract Administrator for the City of San Bernardino and hereby certifies that he is the principal of IDS Group and will negotiate and will contractually bind the firm regarding matters pertaining to these qualifications.
Said Hilmy, PhD, PE, SE, LEED AP
Contract Administrator
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5 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
FIRM STAFFING & KEY PERSONNEL
IDS is an award-winning architectural and engineering (A/E) firm which offers fully integrated architectural engineering multidisciplinary consulting services. IDS provides architecture, landscape architecture, structural, electrical, mechanical, plumbing and civil engineering as well as and cost estimating. Our staff of 100 professionals bring a proven track record interfacing with project stakeholders and code compliance for public agency projects, providing A/E design services for complex design renovations, additions, and modernizations as well as new construction for various facilities and project types.
IDS Principal T eam Members T o Work With City of San Bernardino The IDS staffing and resource management plan is based on our extensive experience providing A/E services for public agencies. Our flexible organizational infrastructure allows us to meet any project’s technical and schedule challenges by ensuring the appropriate team members are assigned to projects that best fit their experience, the project scope, and schedule requirements. The IDS staff listed, have worked independently or teamed on projects with similar deliverables and have successfully collaboratively provided architectural and engineering services that will furnish the most expeditious and efficient response time available to ensure collaborative success.
Said Hilmy, PhD, PE, SE, LEED AP | Principal In Charge/Contract Administrator Dr. Hilmy has over 40 years of experience in structural engineering design and analysis and project management. Mr. Hilmy specialties are related to providing organizational leadership with a focus on quality control in the delivery of construction documents as well as excellent customer service.
John Silber, AIA | Principal Architect
Mr. Silber has been an active member of the architecture and urban design of Southern California for 40 years. His work has covered a broad range of urban projects, including a number in areas of special interest. He has mastered the interface between community design expectations, urban in-fill architecture and modern code standards for fire/life safety, energy, and accessibility.
Shelley Sivak, RA, LEED AP| Project Manager
Ms. Sivak has been involved in the fields of architecture and interior design for more than 25 years, shaping space, and bringing life to both urban and suburban settings, which create a strong sense of place. Shelley specializes in reviewing the state of the existing building and evaluates’ its size and layout for the intended use, identifying the need for repair, renovation and expansion.
4. STAFFING RESOURCES
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CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
6 Key Support Staff & Biographies
Kristen Gros, PLA, FASLA | Lead Landscape Architect
Ms. Gros brings a multi-disciplinary and sustainability-focused understanding to landscape planning, design, and irrigation systems. Her strengths are design creativity, bid package development, public outreach, client coordination, and multi-disciplinary team management.
Stephan Uthoff, PE, SE | Lead Structural Engineer
Mr. Uthoff is a licensed California Structural Engineer with over 30 years of experience an in building design and review, including parking garages, essential service facilities, hospitals, office buildings, schools, airports, theme parks, churches, shopping centers, industrial buildings and military structures, and blast analysis.
Steven Collins, PE, LEED AP | Lead Electrical Engineer
Mr. Collins has over 20 years of experience in Electrical engineering in the design of electrical building systems to meet client requirements for a variety of new construction and renovation work in the areas of office facilities, data centers, banks, universities, hospitals and educational facilities. He is also skilled in the design of Photovoltaic Systems for ground mount and roof-mounted systems.
Darren Smith, PE, BEAP | Lead Mechanical/Plumbing Engineer Mr. Smith is a registered mechanical engineer with more than 25 years of experience in both design- bid-build and design-build projects. Darren is a very experienced design engineer and project manager with extensive experience in designing and managing numerous construction projects requiring strong cross communication at various levels of project ownership.
Adrian Anderson, PE |Lead Civil Engineer
Mr. Anderson brings over 25 years of experience and is well-versed in public-work infrastructure improvements, utility coordination, active transportation, traffic engineering, signal timing, signing and striping, drainage, and street design. Throughout his career, Adrian has managed public agency projects for street rehabilitation projects, street widening and new street/ highway projects, drainage improvement projects, right-of-way projects, development project plan checks for various agencies.
Faisal Dakhil | Cost Estimator
Mr. Dakhil has over 30 years of pre-construction, construction management, and estimating experience in a wide spectrum of projects ranging in values from $1 million to more than $250 million. As Senior PM and Chief Estimator, Faisal has accumulated a long track record of successful jobs coming in under budget and on-time, resulting in substantial savings for the clients.
Sub-Consultants
As a multidiscipline architectural and engineering design firm, IDS seamlessly integrates all specialized divisions under one roof giving our clients a premium customer experience by creating a “one-stop-shop” of design professionals. After review of the scope of services, IDS has concluded that all services outlined in the RFP can be provided through our in- house services.
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7 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
Said Hilmy, PhD, PE, SE, LEED AP*
Managing Principal /
Contract Administrator
John Silber, AIA*
Principal Architect
*Key T eam Members
Shelley Sivak, RA, LEED AP*
Project Manager
Organization Chart
IN-HOUSE SUPPORT STAFF
STRUCTURAL MECHANICAL/PLUMBING PRECONSTRUCTION/COST ESTIMATION Stephan Uthoff, PE, SE
Lead Structural Engineer
Darren Smith, PE, BEAP*
Lead Mechanical Engineer
Faisal Dakhil
Senior Cost Estimator
Ellen Wu, PhD, PE
Structural Analyst
Kevin Barnes
Mechanical/Plumbing Lead
Sheldon Jackson
Preconstruction
CIVIL ELECTRICAL
Adrian Anderson, PE
Lead Civil Engineer
Steven Collins, PE, LEED AP*
Lead Electrical Engineer
Silman Ruiz, PE
Civil Engineer
Michael Reed
Lighting Project Lead
ARCHITECTURAL TEAM
Quentin Montrie, LEED AP
Design Manager/Urban Planning
Katilyn Do
Parking Design Planner
Kristen Gros, ASLA, LEED AP ND
Landscape Architect
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CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
8 Said Hilmy, PhD, PE, SE, LEED AP
Principal In Charge/Contract Administrator
Dr. Hilmy has over 40 years of experience in structural engineering design and analysis and project management with strong expertise in the design and upgrade of steel, concrete, and wood structures. Recognized for his knowledge of code developments and seismic retrofit, Dr. Hilmy has worked on more than $3 billion engineering projects and more than 200 seismic assessments and retrofit projects in California.
Mr. Hilmy provides organizational leadership with a focus on quality control in the delivery of construction documents and excellent customer service.
Relevant Project Experience:
• City of Laguna Beach, Glenneyre Parking Structure Rehabilitation Laguna Beach, CA
• City of Manhattan Beach, Parking Lot 3 Seismic Evaluation Manhattan Beach, CA
• Exposition Park New Underground Parking Structure Budget Package Los Angeles, CA
• City of Cerritos Subterranean Parking Structure Repairs | Cerritos, CA • University of Southern California, Elvon & Mabel Musick Law Building Roof and Deck Replacement | Los Angeles, CA
• Los Angeles Metro, Tier 1, Tier 2 Parking Condition Studies Various Locations, CA
• John Wayne Airport, Replacement Parking Structure C | Santa Ana, CA • Martin Luther King Jr. Medical Campus, E. Parking Structure Los Angeles, CA
• El Camino College Parking Structure, Lot F | Torrance, CA • City of San Bernardino, 3 Parking Structures Condition Assessments San Bernardino, CA
• City of Riverside Parking Structures 1 and 2, Seismic Strengthening, Structural Repair, and Façade Enhancement | Riverside, CA 35+years of experience
EDUCATION:
Doctorate, Structural Engineering,
Cornell University
PROFESSIONAL REGISTRATION :
Professional Structural Engineer:
California #S3680
Professional Civil Engineer:
California #C43988
LEED Accredited Professional
KEY PERSONNEL RESUMES
Packet Page. 386
CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
9 John Silber, AIA
Principal Architect
An award-winning architect with more than three decades of extensive experience working on a wide range of projects both the public and private sectors. John’s upfront planning and design efforts are instrumental in creating sites and structures that fit seamlessly with their surroundings, are carefully attuned to their use, and contribute to making lasting and meaningful places. John’s projects have ranged in scope from minor facility upgrades to new construction, assessment and renovation projects for various project types including, parking structures, office buildings, commercial buildings, education, and healthcare.
Relevant Project Experience:
• City of Laguna Beach, Glenneyre Parking Structure Rehabilitation Laguna, CA
• City of Santa Ana Downtown Parking Structures Repairs | Santa Ana, CA • City of Manhattan Beach, Parking Lot 3 Seismic Evaluation Manhattan Beach, CA
• Department of General Services, Van Nuys Parking Garage Water Intrusion Assessment | Van Nuys, CA
• Orangewood Children & Family Center Parking & ADA Upgrades Santa Ana, CA
• Exposition Park New Underground Parking Structure Budget Package Los Angeles, CA
• University of California, Irvine, Campus-wide Bridge & Ramp Railing Systems Repair | Irvine, CA
• Cal State University, Fullerton, Parking Lot Renovation | Fullerton, CA • University of Southern California, Elvon & Mabel Musick Law Building Roof and Deck Replacement | Los Angeles, CA
• Los Angeles Metro, Tier 1, Tier 2 Parking Condition Studies Various Locations, CA
• City of Irvine Civic Center Public Safety Tenant Improvements | Irvine, CA • City of Santa Ana City Hall Tenant Improvements | Santa Ana, CA 35+years of experience
EDUCATION:
Master of Architecture, Southern
California Institute of Architecture
PROFESSIONAL REGISTRATION :
Professional Architect:
California #C15573
Packet Page. 387
CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
10 Shelley Sivak, RA, LEED AP
Project Manager
Ms. Sivak has been involved in architecture for more than 25 years, shaping space, and bringing life to urban and suburban settings, which create a strong sense of place. Shelley specializes in reviewing the state of the existing building and evaluating its size and layout for the intended use, identifying the need for repair, renovation, and expansion.
Ms. Sivak’s experience ranges from public facilities, corporations, healthcare, commercial, institutional, and themed entertainment projects.
Shelley has knowledge of all project phases and the ability to carry design intent of the building through to the interior of a project.
Relevant Project Experience:
• Orangewood Children & Family Center Parking & ADA Upgrades Santa Ana, CA
• City of Anaheim West Tower Upgrades and Tenant Improvements Anaheim, CA
• Los Angeles Metro, Tier 1, Tier 2 Parking Condition Studies Various Locations, CA
• City of Irvine Civic Center Public Safety Tenant Improvements | Irvine, CA 25+years of experience
EDUCATION:
Master of Architecture, California
State Polytechnic University, Pomona
PROFESSIONAL REGISTRATION :
Professional Architect:
California #C33767
LEED Accredited Professional
Quentin Montrie, LEED AP
Design Manager/Urban Planning • City of Santa Ana Downtown Parking Structures Repairs • City of Alhambra City Hall Tenant Improvements
• Sweetwater UHSD Fleet EVSA
• Glendora Corporate Yard Planning
• Department of General Services Patton Culvert & Kitchen Repair Education: BS, Architecture, University of Maryland
Professional Credentials: LEED Accredited Professional
Kaitlyn Do
Planner Design Planner
• Exposition Park New Underground Parking Structure Budget Package
• The Irvine Company, Block 800 - 3 Levels | Spaces: 1518 • Culver Studios Van Buren - 9 Levels | Spaces: 1300
• UCI Verano 8 Student Housing Unit - 5 Levels | Spaces: 853 • Edward Life Science Alton- 5 Levels | Spaces: 777
Education: BA, Architectural Studies, University of
California, Los Angeles
Kristen Gros, ASLA, LEED AP ND
Landscape Architect
• City of Santa Ana Downtown Parking Structures Repairs • City of Corona, City Hall Veteran’s Memorial Enhancements • Lyle Center Upgrades and Campus Beautification
• Centered Ground Wellness Landscaping
• Summerlin Village 24 Streetscapes
• City of Maywood Teen Center Landscape Design
Education: Master of Landscape Architecture, California Polytechnic University, Pomona
Professional Credentials: Professional Landscape
Architect: CA #6288; LEED Accredited Professional ND
Packet Page. 388
CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
11 Stephan Uthoff, PE, SE
Lead Structural Engineer
With over 40 years of experience in structural design, Mr. Rosenbach has been involved with new structures, evaluating and retrofitting existing structures, and remodeling and modernizing existing buildings.
In addition, he has conducted and reported numerous forensic seismic investigations. Jaime has extensive field experience, providing construction administration, code compliance review, and plan check services for multiple projects.
Relevant Project Experience:
• City of Montebello Transportation Parking Structure Structural Assessment | Montebello, CA
• City of Laguna Beach, Glenneyre Parking Structure Rehabilitation Laguna Beach, CA
• City of Manhattan Beach, Parking Lot 3 Seismic Evaluation Manhattan Beach, CA
• Simon Fashion Valley - Parking Structures Repairs | San Diego, CA • City of Cerritos Subterranean Parking Structure Repairs | Cerritos, CA • Los Angeles CCD, East Los Angeles College, Parking Structures and Classroom Building Structural Repair | Monterey Park, CA • El Camino College- Parking Structure F | Torrance, CA • City of Santa Ana Downtown Parking Structures Repairs | Santa Ana, CA • Orange County Public Works Parking Structure #6 Structural Assessment | Santa Ana, CA
• Los Angeles World Airport Lot F Seismic Upgrades | Los Angeles, CA 40+years of experience
EDUCATION:
MS, Structural Engineering, California
Polytechnic University, Pomona
PROFESSIONAL REGISTRATION :
Professional Structural Engineer:
California #S5186;
Professional Civil Engineer:
California #C42855
Structural Support
Ellen Wu, PhD, SE
Structural Analyst
Relevant Project Experience:
• Orange County Public Works Parking Structure #6 Structural Assessment • Los Angeles World Airport Lot F Seismic Upgrades
• City of Cerritos Subterranean Parking Structure Repairs • Simon Fashion Valley - Parking Structures F&G Repairs • City of Riverside, Parking Structures #1 & 2, Riverside • UC, Irvine Stairs and Bridges Condition Assessments
Education:
Doctorate, Civil and
Environmental Engineering,
University of California, Irvine
Professional Credentials:
Civil Engineer: CA #C89717
Packet Page. 389
CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
12 Civil Engineering Support
Silman Ruiz, PE
Civil Engineer
Relevant Project Experience:
• City of Santa Ana Downtown Parking Structures Repairs • Cal State University, Dominguez Hills, Physical Plant Parking Lot Reconfiguration
• Lyle Center Upgrades and Campus Beautification
• City of La Canada-Flintridge Traffic Signal Modifications • City of Carson Avalon Boulevard, 223rd Street to Lomita Boulevard Street Improvement Project
Education:
BS, Civil Engineering, California
State University, Fullerton
Professional Credentials:
Civil Engineer: CA #C94658
Adrian Anderson, PE
Lead Civil Engineer
Mr. Anderson has over 25 years of experience and is well-versed in public-work infrastructure improvements, utility coordination, active transportation, traffic engineering, signal timing, signing and striping, drainage, and street design. Throughout his career, he has managed public agency projects for street rehabilitation projects, street widening and new street/ highway projects, drainage improvement projects, right-of-way projects, development project plan checks for various agencies, urban trail projects, and other active transportation facilities.
Relevant Project Experience:
• City of Santa Ana Downtown Parking Structures Repairs Santa Ana, CA
• Van Nuys Parking Garage Water Intrusion Assessment | Van Nuys, CA • Orangewood Children & Family Center Parking & ADA Upgrades Santa Ana, CA
• St. Mina Church Parking Lot | Colton, CA
• Orange County Public Works Striping Truck Covered Parking Orange County, CA
• Riverside County Sheriff Dept, Coroner Facility Parking Lot Improvements, Drainage, & Water Quality | Banning, CA
• City of Santa Monica Airport Parking Lots| Santa Monica, CA • Cal State University, Dominguez Hills, Physical Plant Parking Lot Reconfiguration | Carson, CA
• Cal State University, Fullerton, Parking Lot Renovation | Fullerton, CA 25+years of experience
EDUCATION:
BS, Civil Engineering, California State
University, Long Beach
PROFESSIONAL REGISTRATION :
Professional Civil Engineer:
California #C60955
Packet Page. 390
CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
13 Mechanical/Plumbing Support
Kevin Barnes
Mechanical/Plumbing Lead
Relevant Project Experience:
• Music Center Parking Garage Water Intrusion Repair
• Hilton Garden Inn/ Home 2 Suits Subterranean Parking • DGS, Office of Exposition Park Management Underground Parking Structure Budget Package | Los Angeles, CA
• Orange County Transportation Authority, Plumbing & Drainage Improvements at 5 Sites
• Los Angeles World Airports, Roadways, Utilities, and Enabling (RUE) Projects Education:
BS Engineering Technology
Mechanical/Manufacturing,
Cal Poly Pomona,
Darren Smith, PE, BEAP
Lead Mechanical Engineer
Darren Smith is a registered mechanical engineer with over 25 years of experience in design bid build and design-build projects. With extensive experience in designing and managing numerous construction projects, Darren brings cross-communication at various levels of project ownership and the flexibility needed for project task order assignments.
Relevant Project Experience:
• John Wayne Airport East Parking Structure Zero Level Ventilation & Heat Removal | Santa Ana, CA
• Bellflower Regional Transit Center and Parking Garage | Bellflower, CA • DGS, Van Nuys Parking Garage Water Intrusion Assessment Van Nuys, CA
• City of Cerritos Subterranean Parking Structure Repairs | Cerritos, CA • County of Los Angeles, Music Center Parking Garage Water Intrusion Repair | Los Angeles, CA
• DGS, Office of Exposition Park Management Underground Parking Structure Budget Package | Los Angeles, CA
• Big Bear High School Parking & EV Chargers Removal | Big Bear, CA • Children’s Hospital of Orange County Parking Garage P12 Repairs Santa Ana, CA
• Los Angeles World Airports, Roadways, Utilities, and Enabling (RUE) Projects
25+years of experience
EDUCATION:
BS, Mechanical Engineering
Technology, California Polytechnic
University, Pomona
PROFESSIONAL REGISTRATION :
Professional Mechanical Engineer,
California #M30841;
ASHRAE (Building Energy Auditing
Professional)
Packet Page. 391
CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
14 Electrical Engineering Support
Michael Reed
Lighting Project Lead
Relevant Project Experience:
• Exposition Park New Underground Parking Structure Budget Package • Expo Park Blue Parking Structure Lighting Deficiency Study • Vista Canyon Temporary MTA Parking Lot
• Big Bear High School Electrical Assessment Parking and EV Chargers Removal • Morgan Park Parking Lot Expansion Lighting
• Exposition Park Blue Parking Structure Lighting Deficiency Study • City of Santa Ana, Civic Center Perimeter Street Lighting Education:
Associate of Arts, Computer
Science
Steven Collins, PE, LEED AP
Lead Electrical Engineer
Mr. Collins brings over 25 years of experience in Electrical Engineering for Building Systems and has expertise in municipal, education, commercial, and healthcare markets. His experience includes field investigation, design, and specifications for electrical service entrance equipment, standard and emergency distribution systems, lighting systems, controls, power-to-utilization equipment and devices, fire alarm systems, and telecommunication and low-voltage raceway systems.
Relevant Project Experience:
• City of Perris Morgan Park Parking Lot Expansion | Perris, CA • Morgan Park Parking Lot Expansion Lighting | Perris, CA • East Los Angeles College Elevator Replacement | Monterey Park, CA • County of Riverside Sheriff Department, Planning and A/E Improvement Projects | Riverside County, CA
• South Pasadena City Hall Parking Lot Upgrades | South Pasadena, CA • City of Maywood Teen Center Conversion | Maywood, CA
• City of Industry, New Banquet Hall Expo Center | City of Industry, CA • City of Perris Morgan Park Parking Lot Expansion | Perris, CA • City of Irvine, Bill Barber Community Park Shade Structure | Irvine, CA • Orange County Sheriff’s Department, Central Men’s Jail Lighting Retrofit | Orange, CA
25+years of experience
EDUCATION:
MS, Electrical Engineering,
Rensselaer Polytechnic Institute
PROFESSIONAL REGISTRATION :
Professional Electrical Engineer:
California #E22805;
LEED Accredited Professional
Packet Page. 392
CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
15 Faisal Dakhil
Lead Cost Estimator
Mr. Dakhil has over 30 years of pre-construction, construction management, and estimating experience in a broad spectrum of projects ranging in value from $1 million to more than $250 million. Faisal has a long track record of successful jobs coming in under budget and on time, resulting in substantial client savings.
Relevant Project Experience:
• City of Santa Ana Downtown Parking Structures Repairs | Santa Ana, CA • City of Laguna Beach, Glenneyre Parking Structure Rehabilitation Laguna Beach, CA
• City of Manhattan Beach, Parking Lot 3 Seismic Evaluation Manhattan Beach, CA
• Exposition Park New Underground Parking Structure Budget Package Los Angeles, CA
• Exposition Park Blue Parking Structure Lighting Deficiency Study Los Angeles, CA
• Van Nuys Parking Garage Water Intrusion Assessment | Van Nuys, CA • Orange County Elevator Modernization Finance Building 12 Santa Ana, CA
30+years of experience
EDUCATION:
MS, Civil Engineering, University of
Southern California;
BS, Civil Engineering, University of
Southern California
PRECONSTRUCTION
Sheldon Jackson
Preconstruction
Relevant Project Experience:
• City of Santa Ana Downtown Parking Structures Repairs • Glenneyre Parking Structure Rehabilitation
• Orange County Public Works Parking Structure #6 Structural Assessment • City of Manhattan Beach, Parking Lot 3 Seismic Evaluation • Riverside County Sheriff’s Department Facility Entrance and Security Booth Redesign
• Santa Monica Airport Building System Assessments and Historical Evaluation • City of Los Angeles, Sofi Stadium
Education:
BS, Mathematics, Columbia
University
Professional Certification
Certified Project Manager
Packet Page. 393
16 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
Letter from Financial Institute and Audited Financial Statements Below is a copy of a letter stating the current line of credit for IDS Group. IDS is a privately held company with confidential financial, therefore a copy our financial statements certified by a CPA has been included at the end of our proposal under a confidential tab.
5. FISCAL STABILITY
Packet Page. 394
17 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
January 26, 2024
RE: IDS Group Inc
To Whom It May Concern:
Our client, IDS Group Inc has been a high valued client at Bank of America since 2005. The overall combined average balances of their accounts are in the Medium six figure range.
They also have a Business Line of Credit which is subject to a renewal process on an annual basis with a maturity date of January 2025.
All checking accounts. and their Line of Credit have been maintained in a satisfactory manner.
Should you have any questions about the information provided, please contact me at the information provided below.
Sincerely,
DDeenniissee MMaakkaarreemm
Denise Makarem
SVP/ Sr. Relationship Manager
520 Newport Center Drive, 10th Floor
Newport Beach, CA 92660
949-287-0566
Orange County Business Banking
Bank of America, N.A. CA6-814-10-01
520 Newport Center Dr., Suite 1000 ,
Newport Beach, CA 92660
Member FDIC
Packet Page. 395
18 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
FIRM EXPERIENCE
IDS Group, Inc. (IDS) is a multidisciplinary design firm with roots spanning over 65 years. Our longevity comes from integrating all specialized divisions under one roof giving our clients a premium customer experience by creating a “one-stop-shop” of design professionals. Not only does “IDS” stands for Integrated Design Services, our 85-plus staff brings a mixture of innate curiosity, technical expertise, building and infrastructure experience to all projects, applying these skills to each project’s unique circumstances, and creating project success.
IDS has offices in Corona, Los Angeles, Pasadena, Irvine, and Encinitas, California, ensuring local knowledge and providing our clients with quick response times. As a multidisciplinary engineering and architectural firm, IDS has the practical knowledge, insight, and resources to offer our clients comprehensive services and specialized solutions.
Our corporate infrastructure creates optimum utilization of resources for our staff, maximizing service efficiency. IDS is committed to project excellence, providing turnkey design solutions to the building and infrastructure industries. As an award-wining professional engineering/ architectural consulting firm specializing in the design and renovation, evaluation and assessment, and construction administration for a wide range of clients and facilities.
“IDS” stands for Integrated Design Services, as our service delivery model.
We bring a focused understanding of engineering and architectural a broad range of planning, design, and construction services to public agencies with an inherent curiosity, sound technical expertise, where we apply this knowledge to each project’s unique set of circumstances.
Relevant Service Areas
Building Assessments
Alterations & Modifications
ADA Compliance Studies & Design
Existing Facility Assessments (including
seismic)
Forensic Investigations
Fire& Life Safety Assessment & Design
Code Review, Space Planning
Remodeling, Repair of Damaged &
Deteriorated Structures
Expansions & Additions to Existing
Facilities
Building Electrical Systems
Building Management Systems (BMS)
Fire and Life Safety Systems
HVAC
Exhaust & Ventilation Systems
System Design & Engineering
Systems Evaluation & Operation
Verification
Heating a& Cooling Load Analysis
Building Stormwater Recovery
Complete Plumbing Systems Design
Existing Plumbing System Analysis
6. EXPERIENCE &
TECHNICAL COMPETENCE
Packet Page. 396
CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
19 EXPERIENCE PROVIDING ARCHITECTURAL DESIGN SERVICES
One clear benefit that IDS offers our clients is our in-house interdisciplinary diversified staff that delivers the expertise of seasoned architects and engineers. IDS seamlessly integrates architectural design services with in-house design professionals who specialize in landscape architecture, structural, civil, mechanical, electrical, and plumbing engineering, as well as cost estimating to provide a well-rounded balance of design capabilities for our clients as a value-added service.
Our award-winning Architectural provides architecture, design, planning, programming, project management and renovation services to public and private clients throughout California. Our architectural services involve building assessments, alterations, and modifications, accessibility studies, ADA compliance studies and design, fire and life safety assessment and design, code review, space planning, remodeling, repair of damaged and deteriorated structures, and expansions and additions to existing facilities. The project experience of IDS staff encompasses new construction, renovation, re- adaptation, and tenant improvements to a variety of building types.
With staff of over twenty Architects, our award-winning architecture division provides architecture, design, planning, programming, project management and renovation services to public and private clients throughout California.
We have a specialized experience managing small and medium-scale projects, with particular proficiency in:
• Interacting with project stakeholders
• Conducting facility needs assessments & master plans
• Providing planning phase duties
• Preparing schematic designs, design development documents, and construction documents
• Developing construction cost estimates
Our architectural team will assure the City of Fountain Valley an approach that is industry leading, practical, responsive, and affordable. They work closely with our in-house engineering divisions to ensure the ultimate in design coordination. From the initial project programming and preliminary design concept to completion of construction, our work reflects innovative approaches to solving even the most complex space and design problems.
Repair and Rehabilitation of Structures
IDS has successfully completed repair and rehabilitation design for many structures, including buildings and parking structures. We have performed numerous evaluations and studies of existing facilities and have produced reports, rehabilitation documents and cost analyses for many projects.
Forensic Investigation and Assessment Experience
IDS has a strong expertise in the engineering and architectural assessment of buildings in California. We are especially experienced in conducting site investigation and testing to determine existing properties and construction details, assessing deterioration and defects, and providing appropriate remediation.
Packet Page. 397
CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
20 REFERENCES
City of Santa Ana Downtown Parking Lot Structures Improvements The IDS team is working with the City providing A/E services for the Improvements at Fiesta, Garage C and Garage D Parking Structures.
Contact: Michelle Cabañas, Assistant Engineer
Phone: 714-647-3560 | Email: [email protected] | Project Dates: 3/2025 - Ongoing City of Laguna Beach, Glenneyre Street Parking Structure Rehabilitation The IDS team is working with the City providing A/E services for the Upgrades and Improvements of Glenneyre Parking Structure
Contact: Mr. Thomas Perez, Capital Program Manage
Phone: 949.464.6688 | Email: [email protected] | Project Dates: 8/2021 - Ongoing City of Montebello Bus Transportation Facility Parking Structure Seismic Assessment IDS Group worked with the City to provide seismic assessment per ASCE 41-17 and options for structural seismic retrofits and repairs, including a rough order of magnitude (ROM) cost estimate.
Contact: John Sorio, Director of Transportation
Phone: 323.558.1625 x1315 | Email: [email protected] Project Dates: 7/2025 - Ongoing
John Wayne Airport Parking Structure C
Packet Page. 398
CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
21 LOCAL EXPERIENCE & KNOWLEDGE OF THE CITY
IDS Group works with numerous large public agencies and private clients who continuously seek our assistance in architectural and engineer consulting services throughout Southern California. IDS has been providing architectural and engineering services for over 23 years, and we have worked on projects ranging upward to $8,000,000 in a single project fee and $1 billion in a single project construction cost. A large portion of our work is from repeated clients, familiar with our combined staff and services. The IDS team understands the issues impacting local government and we are well-versed in the nuances of traditional public and alternative capital delivery methods. Additionally, our experts understand that the future prosperity of municipalities and their constituencies will be shaped, in part, by leadership’s ability to demonstrate that high quality service can be provided in a cost-effective manner.
Our clients’ partner with IDS because we focus on procurement, implementation and programming choices that capture the full potential of projects to stakeholders. The IDS team has experience representing and advising public agencies and supporting private bid teams on complex social infrastructure developments. With IDS, our clients receive the right compliment of commercial, financial, and technical skills, from a group with a deep understanding of various policy implications.
IDS has a longstanding relationship with the City of San Bernardino over the years, most recently, upgrades at Speicher Park. We currently hold several on-call contracts with the County of San Bernardino and has multiple projects completed and in process. IDS has worked with the City on previous repair projects of the San Bernardino City Hall Parking Structure giving us intimate knowledge of the possible challenges and constraints the City may encounter on this rehabilitation and improvement effort.
PARKING STRUCTURE EXPERIENCE
IDS has extensive experience working with public agencies providing best practices for parking structure. Below is a partial listing of our most recent parking structures:
• City of San Bernardino Parking Structure Repairs
• City of Riverside Parking Structures (#1 and #2)
• City of Santa Monica Analysis of 10 Parking
Structures
• County of Los Angeles, East Los Angeles Superior
Court Parking Structure
• County of Los Angeles & University of Southern
California Lot 12 Parking Structure
• County of Los Angeles, Performing Arts Center
Parking Structure Waterproofing Assessment &
Design
• City of Santa Ana Downtown Parking Structures
Repairs
• City of Laguna Beach, Glenneyre Street Parking
Structure Rehabilitation
• City of Manhattan Beach, Parking Structures 2, 3 &
4 Evaluation & Repair
• City of Cerritos Underground Parking Structure
• City of Orange Chapman University Parking
Structure
• Glendale Plaza Parking Structure
• California State University Fullerton, Student
Housing Parking Structure
• California State University San Diego, Parking
Structures #1, #2, #3 & #6
• California State University Los Angeles, Public Safety Building and Parking Structure
• Disney Concert Hall Parking Structure
• El Camino College Parking Structure “F” Repair &
Upgrade
• Hoag Hospital Parking Structure
• John Wayne Airport Parking Structure
• Lake Arrowhead Village Parking Structure
• Metropolitan West Parking Structure
• Mission Viejo Parking Structure
• Pacific Corporation Parking Structure
• Primadonna Casino Parking Structure
• Riverside Community Hospital Parking Structure
• Second Street Tower and Parking Structure
• Glendale Galleria Parking Structure Seismic Retrofit
• Westside Parking Structure Seismic Retrofit
Packet Page. 399
22 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
City of Santa Ana Downtown Parking Lot Structures Improvements Brief Description
The City of Santa Ana has three City owned parking structures that have been in operation since being built in the 1980s, and are in need of modernization, including upgrading signage, lighting, parking and identifying and repairing any structural deficiencies.
IDS is working with the City providing A/E services for the Fiesta, Garage C and Garage D Parking Structures to address the following issues at each site:
• Assess current lighting fixtures
and their efficiency and provide
recommendations/improvements
• Signage Upgrades
• Parking Stall Enhancements
• Remove unused fire hose boxes.
• Re-stripe parking lanes and add
“compact” sign for smaller spaces.
• Painting and patching to exterior and
interior
• Removal or repair pedestrian doors.
• CASP report
• Low cost landscape improvements
• As-built plans of all the parking
structures.
Additional issues addressed at the Fiesta Parking Structure include: Additional issues addressed at the Parking Structure ‘D’ include:
• Improve neon ‘Downtown Santa
Ana” light fixture
• Exterior interior concrete patching
• Stair improvements
• Removal of unused planters, cabling
& fencing
• Install lighting for future murals
• Elevator evaluation & modernization
• Installation of missing tension cables
outside of exterior rails
• Install lighting for future murals
• Elevator evaluation & repair
Role of Firm/Services Duration Project Values Project T eam Members • Architectural Planning and Design
• Structural, mechanical, & electrical
engineering
• Zoning, planning & building approvals,
permits, and other entitlements
• Construction cost estimating
• Construction support
Start Date: 3/2025
Completion Date: Ongoing
Project Value: $1.25 M
Contract Value: $157,587
Said Hilmy, PhD, PE, SE | Principal In Charge
John Silber, RA | Principal Architect
Quentin Montrie | Design Manager
Steven Uthoff, PE, SE | Structural Engineer
Adrian Anderson, PE | Civil Engineer
Silman Ruiz, PE | Civil Engineer
Kristen Gros, PLA, ASLA | Landscape Architect
Fasial Dakhil | Preconstruction/Cost Estimation
Sheldon Jackson | Preconstruction
Reference
City of Santa Ana
Michelle Cabañas, Assistant Engineer
City of Santa Ana |Public Works Agency
20 Civic Center Plaza Santa Ana, CA 92702
P:714-647-3560 E: [email protected]
Packet Page. 400
23 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
City of Laguna Beach, Glenneyre Street Parking
Structure Rehabilitation
Brief Description
IDS designed and produced construction drawings for corrosion repairs to a two story post-tensioned concrete parking structure two blocks from the Pacific Ocean. Damages include repairs for corroded post-tensioning tendons, brick veneer falling hazards, roof planter water intrusion repairs, concrete spall and crack repairs, and specifications and details for a new polyurethane traffic coasting to mitigate the risk of future water intrusion. Helical anchor piles were designed to underpin and arrest the differential settlement occurring between the stair towers (on shallow spread footing foundations over 50-foot of native soils) with respect to the parking structure that is on deep drilled pier foundations into the bedrock. Due to the slope of Glenneyre Street, the vehicle entrances into the ground and roof levels are direct from Glenneyre without ramping.
Around the perimeter several large planters with old growth trees also are contributing to the corrosion of the roof slab and retaining walls.
Several previous structural retrofits were made including one additional shear wall and column replacements due to excessive corrosion damage.
Role of Firm Duration
• Architectural Planning and Design
• Alternatives analysis
• Preparation and presentation of
models, renderings, and photo
simulations
• Structural, mechanical, & electrical
engineering
• Zoning, planning & building
approvals, permits, and other
entitlements
• Construction cost estimating
• Construction support
8/2021 - Ongoing
Project Values
Project Value:$1.9 Million
Contract Value: $152,138
Reference
City of Laguna Beach
Mr. Thomas Perez, Capital Program
Manager
Phone: 949.464.6688
Email: [email protected]
Project T eam Members
Said Hilmy, PhD, PE, SE | Principal In Charge
John Silber, AIA | Principal Architect
Steven Uthoff, PE, SE | Structural Engineer
Fasial Dakhil | Preconstruction/Cost Estimation
Sheldon Jackson | Preconstruction/Cost Estimation
Packet Page. 401
24 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
City of Montebello Bus Transportation Facility Parking Structure Seismic Assessment Brief Description
The Transportation Parking Structure is a one-story, a 30-year-old concrete parking structure, with post-tensioned beams, and reinforced concrete columns and walls, and shallow foundations. The City buses are parked on the top deck with a portion of the facility being subterranean.
The City of Montebello is implementing a state-mandated zero emission fleet rollout plan, with Hydrogen operated buses being preferred by the City over Battery Electrically operated buses. As part of the plan the City is considering placing a hydrogen fueling station with a large Hydrogen tank over the parking deck, with a weight exceeding 50 tons.
After meeting to discuss the structural implications related to placing the fueling station on the parking structure, the City decided that a condition assessment of the structural integrity needed to be performed to examine the effort needed to bring the structure to code, if any.
IDS Group worked with the City to provide seismic assessment per ASCE 41-17 and options for structural seismic retrofits and repairs, including a rough order of magnitude (ROM) cost estimate.
Role of Firm/Services Duration Project Values
• Structural Engineering
• Alternatives analysis
• Preparation and presentation of
models, renderings, and photo
simulations
• Construction cost estimating
Start Date: 7/2025
Completion Date: Ongoing
Project Value: est. $900,000
Contract Value: $14,912
Reference Project T eam Members
City of Montebello
420 South Taylor Avenue, Montebello, CA 90640
John Sorio, Director of Transportation
P: 323.558.1625 x1315 E: [email protected]
Said Hilmy, PhD, PE, SE | Principal In Charge
Steven Uthoff, PE, SE | Structural Engineer
Fasial Dakhil | Preconstruction/Cost Estimation
Packet Page. 402
CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
25 TECHNICAL COMPETENCE
One clear benefit that IDS offers our clients is our in-house interdisciplinary diversified staff that delivers the expertise of seasoned engineers and architects. IDS seamlessly integrates our civil engineering design services with in-house design professionals who specialize in architecture, landscape architecture, structural, mechanical, electrical, and plumbing engineering, as well as cost estimating to provide a well-rounded balance of design capabilities for our clients as a value-added service.
IDS provides a dedicated Landscape Architecture team that specializes in building healthy places for communities through the practices of landscape architecture and ecological restoration. The team focuses on the relationship between land and people where we are only as healthy as our surroundings. The majority of the team’s work lies in municipalities, counties and other California agencies working closely with clients and stakeholder groups to design and build healthy communities and improve quality of life. The projects designed draw from natural and cultural histories of the land and improve the natural ecological systems. Specialized expertise includes historic preservation, adaptive re-use, cultural landscapes, cultural and natural history interpretation, ecological restoration, sustainable design, drought tolerant planting, low water irrigation systems, and context-integrated design.
Our Structural Engineering division is a recognized leader in the design, assessment, review, and seismic retrofit of buildings and site improvements. The depth of our work includes the design of new buildings utilizing steel, concrete, and masonry, the assessment and retrofit of numerous buildings of all sizes, the evaluation, and repair of distressed structures, peer and plan review, constructability review, and forensic engineering. Our team has been honored by the Structural Engineers Association of Southern California (SEAOSC) awards for innovative and outstanding design.
Our Mechanical/Plumbing Engineering division is comprised of professional engineers and designers who are experts in the fields of heating, ventilating, air conditioning, plumbing, piping, and fire protection. We have provided design services for HVAC, plumbing, and fire protection systems for countless public projects and facilities including some of the largest parking structures in California. These projects encompass new construction, retrofit, modernization, and expansions of facilities.
Our Electrical Engineering division has extensive experience in a wide variety of projects and in the preparation of engineering studies and analyses, reviewing plans, drawings, and specifications for new construction projects for electrical code compliance, conducting electrical power consumption studies and field investigations, and providing construction cost estimates, concept studies and reports, and post- construction support for electrical engineering projects. We also have extensive electrical project experience involving electrical power consumption studies and field investigations; the review of plans, drawings, and specifications of new construction projects for electrical code compliance and delivering post-construction support; construction cost estimates for electrical wiring infrastructures; and drafting concept studies and reports.
City of Santa Ana,
Parking Structure Upgrades
City of Santa Ana,
Parking Structure Lighting
Upgrades
County of Los Angeles & USC
Medical Center Lot 12 Parking
Structure Assessment
Packet Page. 403
CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
26 The IDS Civil Engineering division offers a wide array of expertise and experience, specializing in providing planning and entitlement, civil engineering, surveying and mapping, construction survey, LEED, sustainable design, construction administration, and drainage and storm water pollution treatment.
Our in-house Cost Estimation Services are provided by experienced cost estimators, supporting both new construction and complex renovation projects supplying extensive knowledge for a variety of tenant improvement types. Utilizing the latest in cost control methods, IDS ensures clients’ projects are well planned and expertly executed.
In the delivery of its cost services, IDS provides reliable, accurate estimates while meeting its client’s most critical deadlines.
ADA Access Compliance
Our expert ADA (Americans with Disabilities Act) and CASp compliance team offers detailed Path of Travel (PoT) facility surveys and preparation of Transitional Plans, plan reviews, training, and product consulting on a regular basis to local government, federal, and state clients, healthcare facilities, large corporations.
Sustainable Design
The firm’s project approach begins with a complete assessment of project requirements to achieve a LEED certification or provide a sustainable design without certification. To meet the project requirements our team will investigate all sustainability options including photovoltaic solar system, commercial and residential fuel cell systems, geothermal ground source heat pump systems, low energy LED lighting products, water conservation design solutions, day lighting harvesting, low-flow plumbing fixtures and high SEER air conditioning equipment.
Bidding and Construction Administration Support
IDS has significant experience with providing practical, cost effective, fast/efficient solutions and high-quality construction documents and drawings and significant experience in construction support and on-site construction administration services for public projects. IDS will draw from our “Lessons Learned” gained through our extensive history of involvement with civic projects. We know firsthand that our ability to adapt to the challenging daily demands of the City’s operation is essential to meeting the goals of the project. As an example, during the pandemic, IDS worked with several clients, conducting Zoom meetings, Bluebeam QA sessions, and continued communications via email and phone. Utilizing this valuable knowledge, IDS has employed new measures to ensure your objectives and goals are efficiently achieved and our team adheres to milestone schedules for successful project completion.
Building Information Modeling (BIM)
Building on decades of hands-on experience in Building Information Modeling (BIM), IDS is committed to creating value for our clients through innovative and fully integrated design solutions. IDS’ BIM platform helps our multi-discipline design and construction teams improve project efficiency by optimizing performance and response-time of visualizations and simulations to create unprecedented data rich models. Our clients are experiencing the benefits of BIM that extend long past the completion of a project, including improved constructability, better-performing buildings and more efficient project delivery as well as construction cost savings, schedule compression and energy reductions.
El Camino College Parking Structure Upgrades
Packet Page. 404
27 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
IDS Group understands that the scope of the Project is focused on essential rehabilitation and improvements to the existing 5-level City Hall Parking Structure. The project aims to address long-deferred maintenance concerns, extend the life of the structure, and establish a safe, accessible, and visually improved environment for users.
These improvements are also intended to support City operations, enhance downtown mobility, and align with broader revitalization goals.
The work to be completed includes:
• Structural concrete repair
• Interior and exterior painting
• Expansion joint replacement
• ADA upgrades and new ramps
• Drainage improvements (trench drains, floor drains,
roof drains, curbs)
• Storm drainage system filtration complying with
NPDES and MS4 permit Requirements
• (Internal & External) Vandal-proof lighting and
electrical upgrades (fixtures, conduit management,
signboard lighting)
• Roof level epoxy resurfacing and waterproof
coatings
• Painting and finishing (ceilings, columns, handrails, signage, striping)
• Signage system modernization (wayfinding and ADA
signage)
• Fire and life safety improvements (FHCs, pipes,
emergency lighting)
• Staircase and elevator interior upgrades
• Vandal-proofing CCTV system, particularly at
elevators, parking entrances and exits, and
additional needed areas
• EV charging stations establishment in designated
areas
• Landscaping and architectural enhancements on the
exterior
• Anti-vandalism solutions for exposed elements (e.g.,
FHCs, drain grates, door hardware)
We understand that, together with the City Engineer, IDS will conduct outreach to all tenants of the parking structure, verifying parking stall designations based on tenant needs and existing agreements. This information may be required to establish the appropriate floor locations, number of stalls, exact stall positions, and required stall markings or stampings. The final striping layout will be submitted for City Engineer review and approval.
The project budget for design and construction is $1M. Funding of the project includes City ARPA dollars, and the timely execution of both the design and construction phases is critical to meet the fiscal deadlines associated with Federal ARPA funding.
7. PROPOSED METHOD TO
ACCOMPLISH THE WORK
Packet Page. 405
CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
28 WORKPLAN
IDS understands that the most valuable service that we can provide is to generate clear and quantified sets of information for review, in a timely manner, to enable timely decisions by project stakeholders.
The following work plan and project schedule are based on our understanding of the information provided in the Request for Proposal and will provide complete design services and construction documentation for the City Hall Parking Structure.
Our preliminary project schedule adheres to the timeline requested by the City and our team is prepared to work with the City, if needed to accelerate the project delivery, including reduction of external review periods, the reduction of task durations, or overlapping review periods with subsequent tasks.
IDS will provide an updated project schedule within one week of the City’s Notice to Proceed and will submit an updated schedule monthly.
The schedule will include:
• Design tasks and project timing from start to submittal of final PS&E • Two (2) City plan reviews plus a Final Review, for each plan set • Each review will be estimated to take three (3) weeks for scheduling purposes Community Engagement
• Prepare presentation materials
• Attend a community meeting with residents, elected officials, and concerned citizens to introduce the project.
• Incorporate comments from the community meeting into the design.
Throughout the design phase of the project, IDS will share any comments or suggestions that we believe is necessary to improve the project or its completion while in compliance with the requirements outlined in the RFP .
Consistency of Project Scope to Project Budget
The RFP enumerates the elements of the project in detail. It is unknown whether this enumeration of elements and the project budget align. IDS will provide the Concept Design ROM Cost Estimate, and if at that time estimated costs exceed the available budget, IDS understands that the City will elect to either:
• Reduce the scope of the project to align with the budget, or • Increase both the construction and design budget to align with the scope of the project.
TASK 1 - CONCEPTUAL DESIGN
Within Week 1 of Receiving the Notice to Proceed, IDS will Submit • A proposed Kick-off Meeting Agenda.
• The updated project schedule.
• Our request for the available Parking Structure Record Documents.
Kick-off Meeting, including
• IDS project team attendance (virtual).
• Introductions and review of roles.
• Review the project scope and updated schedule.
• Review the plan for Field/Site Visit Meeting, Field Investigation, and Assessments tasks.
Packet Page. 406
CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
29 deliverables
• Project Schedule inc. updates/
Meeting Minutes.
• Basis of Design (BOD) and Concept
Design Deliverable.
• Documentation of City’s Concept
Design going forward guidance.
Site Investigation and Assessments
• Conduct utility research (if needed) within the limits of the proposed improvements.
• Identify the location and depth of all existing utilities (water, storm drainage, old and new CCTV-electrical light conduits and wiring locations, and whatever utilities are needed for the design). • Assessment of required repairs.
• Assessment of potential Haz-Mat Building Materials that may be encountered in course of making the planned improvements.
Basis of Design (BOD), Program Level Rough Order of Magnitude (ROM) Cost Estimate, Concept Design Deliverable
• Update the project objectives based on Field Investigation and Assessments.
• Include Field Investigation mark-ups on record drawings and/or base plans.
• Submit the Concept Design Deliverable including Design Drawings, BOD and ROM Cost Estimate.
• Include 2 options where a design element warrants options.
Review Concept Design Deliverable with the City for going forward design guidance
• Submit the BOD and Concept Design Deliverable in Bluebeam Revu file format.
• Page-turn review meeting (virtual) with the City.
• Provide meeting documentation of City going forward guidance including within the Bluebeam Revu file.
TASK 2 - CONSTRUCTION DESIGN
Based on the City’s Concept Design, going forward, guidance IDS will prepare and submit for City review the Construction Plans, Specifications, and Engineer’s Estimate (PS&E).
60% PS&E
• Submit 60% PS&E
• Bluebeam Revu (PDF) file format, Word, Excel, and AutoCAD file formats and 2 sets hard copy 24x36
• Page-turn Meeting (virtual)
90% PS&E
• Submit 90% PS&E
• Bluebeam Revu (PDF) file format, Word, Excel, and AutoCAD file formats and 2 sets hard copy 24x36
• Page-turn Meeting (virtual)
• Pick up City comments on the drawings prior to Building Permit Application.
Packet Page. 407
CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
30 deliverables
• Project Schedule (updated)
• Meeting Minutes
• 60% PS&E
• 90% PS&E
• Permit Ready to Issue Plans
• Final PS&E
Plan Review and Final PS&E
• Submit plans and supporting calculations for Building Permit. • Complete plan review process to “permit ready to issue” (PRI) status. • Submit Final PS&E
ͳ Final design plans - one set (signed and sealed by the IDS design team) on Mylar (24” x 36” x 0.007 weight), 8 sets of hard copies/ prints of signed and sealed plans, and AutoCAD file format (2 CDs) ͳ Final Special Provisions—Word, Excel and PDF files
ͳ Final Engineers Estimate- Excel format for Engineers Estimate and final quantity calculations, Word for other report.
TASK 3 - BID & CONSTRUCTION SUPPORT
IDS will provide design support to the project throughout the Bid and Construction Phase.
Meetings
• Pre-Bid Meeting
• Pre-Construction Meeting
• 2 Progress Meetings on Site
• 6 Virtual Meetings
ͳ 2 Punch List Job Walks
ͳ 1 to create the list, one to confirm correct completion Submittal and RFI Review
• Initial review and one resubmittal review if required • Request for Information responses
ͳ 40 RFI’s assumed
Record Drawings
• Record Drawing Set as transfer of contractor’s field redline as built to IDS file.
deliverables
• Submittals
• 40 RFI’s
• Punchlist, initial, and close out
• Record Drawings
ASSUMPTIONS
• Building materials testing to be by other than IDS or provided as an additional service. • IDS will locate CCTV cameras on plans based on City guidance and provide performance specification for Contractor Design-Build procurement.
• EV charging stations design assumes the existing electrical service supports the electrical demand created; if an upgrade of the electrical system is required design provided as an additional service. • Landscape design assumes localized planting replacement and that this will not require design for irrigation system improvements.
Packet Page. 408
31 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
ID Task Name Duration Start Finish
1 PS&E Phase Services 123 days Mon 2/2/26 Wed 7/22/26
2 Task 1: Conceptual Design (60%) Phase 35 days Mon 2/2/26 Fri 3/20/26 3 Design Kick-off Meeting w/ City 1 day Mon 2/2/26 Mon 2/2/26 4 Perform Site & Building Investigation incl. Hazmat Survey 5 days Tue 2/3/26 Mon 2/9/26 5 Perform Site Survey & Utility Mapping 3 days Tue 2/10/26 Thu 2/12/26 6 Create As-built Model & Building/Site Assessment 5 days Fri 2/13/26 Thu 2/19/26 7 Develop Concept Plans, Sections, Elevations 15 days Fri 2/20/26 Thu 3/12/26 8 Develop Demolition Plans 5 days Mon 3/2/26 Fri 3/6/26 9 Conduct Code Analysis & Identify required Engineer ing Modifications 5 days Mon 3/2/26 Fri 3/6/26 10 Draft 60% (outline) Specification 3 days Mon 3/9/26 Wed 3/11/26 11 60% ROM Construction Cost Estimate / viable cost- effective solutions 2 days Fri 3/13/26 Mon 3/16/26 12 Submission of (60%) Concept Design Package incl. Visuals 0 days Fri 3/20/26 Fri 3/20/26 13 City Review of (60%) Concept Documents (3 Weeks) 15 days Mon 3/23/26 Fri 4/10/26 14 Task 2: Construction Design Phase 70 days Mon 4/13/26 Fri 7/17/26 15 Prepare & Coordinate 90% CDs 35 days Mon 4/13/26 Fri 5/29/26 16 Develop 90% Specifications 10 days Thu 5/21/26 Wed 6 /3/26 17 Construction Cost Estimate Update 4 days Thu 6/4/26 Tue 6/9/26 18 Submission of 90% Construction Documents incl. Vi suals 0 days Tue 6/9/26 Tue 6/9/26 19 City review of 90% CD Documents (3 Weeks) 15 days Wed 6/10/26 Tue 6/30/26 20 Prepare & Coordinate Final CD's for City 5 days Wed 7/1/26 Tue 7/7/26 21 Final Specifications 5 days Wed 7/1/26 Tue 7/7/26
22 Final Construction Cost Estimate 5 days Mon 7/13/26 Fri 7/17/26 23 Submission of Final CD Package 0 days Wed 7/22/26 We d 7/22/26 24 City review of Final CD Documents (3 Weeks) 15 days Thu 7/23/26 Wed 8/12/26 25 Agencies Submittal & Approval (6 Weeks) 30 days Thu 8/13/26 Wed 9/23/26 26 Permit Issuance 0 days Wed 9/23/26 Wed 9/23/26
27 Task 3: Bidding and ConstructionSupport Phase 87 days Thu 9/24/26 Fri 1/22/27 28 Bid Assistance, Q&A, Review & Recommendations 20 days Thu 9/24/26 Wed 10/21/26 29 Bid Award 0 days Wed 10/21/26 Wed 10/21/26
30 Construction Period 67 days Thu 10/22/26 Fri 1/22/27 31 Punch Walk, DSA Closeout Submittal, and As-built Drawing Preparation 11 days Fri 1/8/27 Fri 1/22/27 32 Project Completion 0 days Fri 1/22/27 Fri 1/22/27
PS&E Phase Services
Task 1: Conceptual Design (60%) Phase
Design Kick-off Meeting w/ City
Perform Site & Building Investigation incl. Hazmat Survey Perform Site Survey & Utility Mapping
Create As-built Model & Building/Site Assessment
Develop Concept Plans, Sections, Elevations
Develop Demolition Plans
Conduct Code Analysis & Identify required Engineering Modifications Draft 60% (outline) Specification
60% ROM Construction Cost Estimate / viable cost-effective solutions Submission of (60%) Concept Design Package incl. Visuals 3/20 City Review of (60%) Concept Documents (3 Weeks)
Task 2: Construction Design Phase
Prepare & Coordinate 90% CDs
Develop 90% Specifications
Construction Cost Estimate Update
Submission of 90% Construction Documents incl. Visuals 6/9 City review of 90% CD Documents (3 Weeks)
Prepare & Coordinate Final CD's for City
Final Specifications
Final Construction Cost Estimate
Submission of Final CD Package 7/22
City review of Final CD Documents (3 Weeks)
Agencies Submittal & Approval (6 Weeks)
Permit Issuance 9/23
Task 3: Bidding and ConstructionSupport Phase
Bid Assistance, Q&A, Review & Recommendations
Bid Award 10/21
Construction Period
Punch Walk, DSA Closeout Submittal, and As-built Drawing Preparation 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 1 8 15 22 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 6 13 20 27 4 11 18 25 1 8 15 22 Aug '25 Sep '25 Oct '25 Nov '25 Dec '25 Jan '26 Feb '26 Mar '26 Apr '26 May '26 Jun '26 Jul '26 Aug '26 Sep '26 Oct '26 Nov '26 2026
Task
Split
Milestone
Summary
Project Summary
External Tasks
External Milestone
Inactive Task
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
Progress
Deadline
10/20/2025 PROJECT SCHEDULE
CITY OF SAN BERNARDINO
CITY HALL PARKING STRUCTURE
IDS Group, Inc.
1 /1
Packet Page. 409
CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
32 Providing Deliverables Free of Errors
Specific to the City, our team will review projects at every stage of submittal for quality assurance. We have designated QA/QC senior architects and engineers who along with our designated Project Manager will review documents before they are submitted to the City.
Our program requires all engineering work be reviewed by an experienced Quality Assurance/Quality Control (QA/QC) Manager(s). The main objective of this program is to satisfy the City’s expectations for quality work from our design team and to limit the exposure of the City to problems that may arise during construction. The QA/QC Manager(s) will be in continuous contact with our Project Manager throughout the progress of the project.
Our practice stresses response to project requirements, adherence to applicable codes and regulations, developing work products consistent with standards prevailing in the profession, and producing reports conforming to our established in-house standards. Throughout the course of the project, our Project Manager will be in continuous contact with our team members to ensure efficient use of the capabilities of the entire team. He will interact frequently with the City’s core group to ensure that we understand the requirements and preferences and to assure adherence to the project schedules and deliverables in a timely manner.
As a testimony to our audited Q/A Q/C procedures, IDS Group accomplished ISO 9001 Certification.
IDS QA/QC program manual based on ISO 9001 standard as applicable to A/E services:
1. Define the scope of work.
2. Determine processes to achieve the deliverables.
3. Perform the work.
4. Check (QC) the work.
5. Confirm the work is updated per checker(s).
6. Document the process.
Packet Page. 410
33 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
IDS has provided our fee proposal separately per the RFP .
8. FEE PROPOSAL
Packet Page. 411
34 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
9. INSURANCE