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City of San Bernardino
Legal Debt Margin (Continued)
Last Ten Fiscal Years (In Thousands)
______________________________________________________________________________ - 187 -
2021 2022 2023 2024 2025
Assessed valuation 16,415,502$ 17,728,678$ 19,097,790$ 20,977,412$ 22,557,292$ Conversion percentage 25% 25% 25% 25% 25%
Adjusted assessed value 4,103,876 4,432,170 4,774,447 5,244,353 5,639,323 Debt limit percentage 15% 15% 15% 15% 15%
Debt limit 615,581 664,825 716,167 786,653 845,898 Total net debt applicable to limit:
General obligation bonds 23,977 22,509 20,975 20,360 19,715 Legal debt margin 591,605$ 642,317$ 695,192$ 766,293$ 826,183$ Total debt applicable to the limit
as a percentage of debt limit 3.9% 3.4% 2.9% 2.6% 2.3%
Fiscal Year
Note:
The government code of the State of California provides for a legal debt limit of 15% of gross assessed valuation. However, this provision was enacted when assessed valuation was based upon 25% of market value. Effective with the 1981-82 fiscal year, each parcel in now assessed at 100% of market value (as of the most recent change in ownership for that parcel). The computations shown above reflect a conversion of assessed valuation data for each fiscal year from the current full valuation perspective to the 25% level that was in effect at the time that the legal debt margin was enacted by the State of California for local governments located within the state.
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City of San Bernardino
Debt Service Coverage
Last Ten Fiscal Years (In Thousands)
______________________________________________________________________________ - 188 -
Water Utility
Fiscal Operating Net Non- Net
Year Ended Operating Expenses Operating Operating Available June 30 Revenue (Excl. Depr.) Income Income (Expense) Revenue Principal Interest Coverage 2016 30,002$ 29,025$ 977$ 2,283$ 3,260$ 1,814$ 523$ 1.39 2017 33,359 30,597 2,762 2,584 5,346 247 219 11.47
2018 38,280 27,874 10,406 3,168 13,574 770 2,224 4.53
2019 39,100 27,482 11,618 3,810 15,428 795 2,196 5.16
2020 40,267 31,062 9,205 3,636 12,841 830 2,164 4.29
2021 42,758 34,642 8,116 2,634 10,750 860 2,130 3.60
2022 43,150 32,373 10,777 2,332 13,109 900 2,090 4.38
2023 44,092 39,413 4,679 3,218 7,897 950 2,044 2.64
2024 45,985 41,865 4,120 8,677 12,797 995 1,996 4.28 2025 50,543 40,142 10,401 11,865 22,266 1,050 1,944 7.44 Sewer Utility
Fiscal Operating Net Non- Net
Year Ended Operating Expenses Operating Operating Available June 30 Revenue (Excl. Depr.) Income Income (Expense) Revenue Principal Interest Coverage 2016 25,411$ 17,439$ 7,972$ (224)$ 7,748$ 300$ -$ 25.83 2017 28,612 20,037 8,575 39 8,614 300 133.00 19.89 2018 30,733 18,540 12,193 (721) 11,472 890 1,383 5.05 2019 30,546 20,554 9,992 1,362 11,354 910 1,356 5.01 2020 30,397 20,051 10,346 1,322 11,668 935 1,331 5.15
2021 30,361 22,479 7,882 19 7,901 665 1,302 4.02
2022 34,171 22,465 11,706 (1,022) 10,684 700 1,268 5.43 2023 45,544 36,237 9,307 1,252 10,559 735 1,232 5.37 2024 47,385 38,940 8,445 1,521 9,966 770 1,194 5.07 2025 45,596 39,610 5,986 1,982 7,968 810 1,155 4.05 Source: City department's annual reports
Debt Service
Debt Service
Packet Page. 603
City of San Bernardino
Demographic and Economic Statistics
Last Ten Calendar Years
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Personal Per Capita
Calendar Income Personal Unemployment
Year Population(1) (in thousands) (2) Income(2)(4) Rate(3) 2016 215,491 7,931,577 36,807 6.30% 2017 216,972 8,459,304 38,988 5.50% 2018 221,130 8,523,677 38,546 5.70% 2019 219,233 8,509,748 38,816 4.10% 2020 217,671 8,159,289 37,485 11.30% 2021 216,291 7,723,319 35,708 8.10% 2022 220,840 4,596,122 20,812 4.80% 2023 223,230 4,608,807 20,646 6.30% 2024 226,541 5,179,860 22,865 6.30% 2025 222,727 5,727,648 25,716 6.60% (1) California Department of Finance
(2) U.S. Department of Commerce, Bureau of Economic Analysis for Riverside-San Bernardino-Ontario MSA (3) State of California, Economic Development Department; City of San Bernardino Economic Development Dept (4) Data from 2021 is from US Census
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City of San Bernardino
Budgeted Full-Time and Part-Time Positions by Function
Last Ten Fiscal Years
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Fiscal Year
Function 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 General Government 148 147 117 107 92 91 81 90 129 140
Public Safety 607 470 474 468 427 402 413 413 508 522
Public Works 254 185 138 131 129 136 139 139 160 171
Culture & Recreation 103 104 111 110 111 127 129 129 138 145 Community Development 37 39 38 33 26 40 46 60 70 95
Community Service 33 34 38 37 33 41 69 70 95 145
Enterprise 258 272 300 299 299 299 296 299 302 304
Total 1,440 1,251 1,216 1,185 1,117 1,136 1,173 1,200 1,402 1,522 Source: Budgeted positions for full and part time employees
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City of San Bernardino
Capital Asset Statistics
Last Ten Fiscal Years
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2016 2017 2018 2019 2020 2021 2022 2023 2024 2025
Pubic Safety:
Police stations 1 1 1 1 1 1 1 1 1 1 Fire stations 12 * * * * * * * * *
Public Works:
Miles of streets ** ** ** 629 629 629 629 616 616 620 Street lights (City maintained) ** ** ** ** ** 7,400 7,400 6,706 6,706 6,684 Street lights (SCE maintained) ** ** ** ** ** 7,500 7,500 7,111 7,384 7,233 Street traffic controllers (signals) ** ** ** 289 289 308 295 295 297 297 Street traffic controllers (ped-xing) ** ** ** 19 19 308 *** *** 5 5 Parks and Recreation:
Parks 37 37 37 36 36 36 36 36 36 36 Park acreage 545 545 545 530 507 507 507 552 552 552 Water:
Water mains (miles) 608 608 609 612 729 729 729 701 701 726 Sewer:
Sanitary sewers (miles) 510 510 510 510 478 478 478 481 477 483 Source: Various City departments
*
** Information not available
*** Included in above number
Fiscal Year
Effective, July 1, 2016, fire protection and emergency medical response services were transferred to the San Bernardino County Fire Protection District.
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City of San Bernardino
Operating Indicators by Function
Last Ten Fiscal Years
______________________________________________________________________________ - 192 -
Fiscal Year
2016 2017 2018 2019 2020
Police:
Arrests 8,930 10,256 11,295 12,100 11,137 Parking citations issued 14,781 21,711 21,480 16,359 12,334 Traffic citations issued 3,062 3,848 3,108 9,055 9,276 Fire:
Number of emergency calls * ** ** ** **
Inspections * ** ** ** **
Public Works/Public Services:
Street resurfacing (lane miles) * * * * *
Parks and Recreation:
Number of recreation classes 525 494 514 509 63 Number of facility rentals 290 277 345 321 208 Water:
Total connections 44,728 44,932 45,016 45,220 45,421 Sewer:
Total connections 64,342 63,274 63,525 61,253 59,719 Source: Various City departments
* Information not available
** Effective, July 1, 2016, fire protection and emergency medical response services were transferred to the San Bernardino County Fire Protection District.
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City of San Bernardino
Operating Indicators by Function (Continued)
Last Ten Fiscal Years
______________________________________________________________________________ - 193 -
Fiscal Year
2021 2022 2023 2024 2025
Police:
Arrests 10,357 7,792 8,336 10,157 10,035 Parking citations issued 13,110 11,332 10,496 13,739 13,136 Traffic citations issued 1,628 5,473 6,679 6,406 7,434 Fire:
Number of emergency calls ** ** ** ** **
Inspections ** ** ** ** **
Public Works/Public Services:
Street resurfacing (lane miles) * * * * 8
Parks and Recreation:
Number of recreation classes 63 321 547 517 782 Number of facility rentals 208 248 182 207 170 Water:
Total connections 45,490 45,280 45,913 46,090 46,302 Sewer:
Total connections 60,777 61,746 61,805 38,996 41,209 Source: Various City departments
* Information not available
** Effective, July 1, 2016, fire protection and emergency medical response services were transferred to the San Bernardino County Fire Protection District.
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January 14, 2026
To the Honorable Mayor and Members of the City Council
City of San Bernardino, California
We have audited the financial statements of the City of San Bernardino (the entity) as of and for the year ended June 30, 2025, and have issued our report thereon dated January 14, 2026. Professional standards require that we advise you of the following matters relating to our audit.
Our Responsibility in Relation to the Financial Statement Audit
As communicated in our engagement letter dated May 21, 2025, our responsibility, as described by professional standards, is to form and express opinion s about whether the financial statements that have been prepared by management with your oversight are presented fairly, in all material respects, in accordance with accounting principles generally accepted in the United States of America. Our audit of the financial statements does not relieve you or management of your respective responsibilities.
Our responsibility, as prescribed by professional standards, is to plan and perform our audit to obtain reasonable, rather than absolute, assurance about w hether the financial statements are free of material misstatement. An audit of financial statements includes consideration of the system of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control over financial reporting. Accordingly, as part of our audit, we considered the system of internal control of the entity solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control.
We are also responsible for communicating significant matters related to the audit that are, in our professional judgment, relevant to your responsibilit ies in overseeing the financial reporting process.
However, we are not required to design procedures for the purpose of identifying other matters to communicate to you.
Planned Scope and Timing of the Audit
We conducted our audit consistent with the planned scope and timing we previously communicated to you.
Compliance with All Ethics Requirements Regarding Independence
The engagement team, others in our firm, as appropriate, and our firm have complied with all relevant ethical requirements regarding independence.
We have evaluated whether certain nonattest services performed by our firm during the audit have created a significant threat to our independence in relation to the entity. We have i dentified a threat to our independence (preparation of the entity’s financial statements, creating a self-review threat) that if not reduced to an acceptable level, would impair our i ndependence. In order to reduce the threat to an acceptable level, we have applied the following safeguard:
Prior to the issuance of the entity’s financial statements, another partner or manager, independent of the engagement, will review the financial statements.
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Significant Risks Identified
We have identified the possibility of the following significant risks:
Management's override of internal c ontrols over financial reporting – Management override of internal controls is the intervention by management in handling financial information and making decisions contrary to internal control policy.
Revenue recognition – Revenue recognition is a generally accepted accounting principle that refers to the conditions under which an entity can recognize a transaction as revenue. Auditing standards indicate that recognizing revenue is a presumed fr aud risk and usually classified as a significant risk in most audits.
These significant risks are presumptive in most audits and merit attention by the auditors due to the direct impact over financial reporting and internal control processes. Although identified as significant risks, we noted no matters of management override of controls or deviations from generally accepted accounting principles which caused us to modify our audit procedures or any related matters which are required to be communicated to those charged with governance due to these identified risks.
Qualitative Aspects of the Entity’s Significant Accounting Practices
Significant Accounting Policies
Management has the responsibility to select and use appropriate accounting policies. A summary of the significant accounting policies adopted by the entity is included in Note 1 to the financial statements. The City adopted GASB Statement No. 101, Compensated Absence, and GASB Statement No. 102, Certain Risk Disclosures during 2025. No matters have come to our attention that would require us, under professional standards, to inform you about (1) t he methods used to account for significant unusual transactions and (2) the effect of significant accounting policies in controversial or emerging areas for which there is a lack of authoritative guidance or consensus.
Significant Accounting Estimates and Related Disclosures
Accounting estimates and related disclosures are an integral part of the financial statements prepared by management and are based on management’s current judgments. Those judgments are normally based on knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ markedly from management’s current judgments.
The most sensitive accounting estimates affecting the entity’s financial statements are:
Management’s estimate of the net pension liab ility and related deferred inflows and outflows of resources are based on actuarial reports by independent actuaries. We evaluated the key factors and assumptions used to develop the estimate in determining that it is reasonable in relation to the basic financial statements taken as a whole and in relation to the applicable opinion units.
Management’s estimate of the landfill remediation liability is based on a valuation of the liability.
We evaluated the key factors and assumptions used to develop the estimate in determining that it is reasonable in relation to the basic financial st atements taken as a whole and in relation to the applicable opinion units.
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Financial Statement Disclosures
Certain financial statement disclosures involve significant judgment and are particularly sensitive because of their significance to financial statement users.
The most sensitive disclosures affecting the entity’s financial statements relate to:
The disclosure of fair value of investments in the basic financial statements represents amounts susceptible to market fluctuations.
The disclosure of capital assets (and related accumulated depreciation) in the basic financial statements is based on historical information which could differ from actual useful lives of each capitalized item.
The disclosure of net pension liability and related deferred inflows and outflows of resources in the basic financial statements is based on actuarial assumptions. Actual future liabilities and actuarial deferred inflows and outflows may vary from disclosed estimates.
The disclosure of claims payable in the basic financial statements is based on claims loss reports from third party claims management companies. Act ual future liabilities may vary from disclosed estimates.
The disclosure of leases and subscription liabilities, right-to-use assets, and asset amortization in the basic financial statements is based on certain terms and assumptions in the agreements which could differ from actual amounts.
Significant Difficulties Encountered during the Audit
We encountered no significant difficulties in dealing wi th management relating to the performance of the audit.
Uncorrected and Corrected Misstatements
For purposes of this communication, professional standards require us to accumulate all known and likely misstatements identified during the aud it, other than those that we belie ve are trivial, and communicate them to the appropriate level of management. Furthe r, professional standards require us to also communicate the effect of uncorrect ed misstatements related to prior periods on the relevant classes of transactions, account balances or disclosures, and the financial statements as a whole and each applicable opinion unit.
There were no uncorrected misstatements noted.
In addition, professional standards require us to communicate to you all material, corrected misstatements that were brought to the attenti on of management as a result of our audit procedures. None of the misstatements identified by us as a result of our audit procedures and corrected by management were material, either individually or in the aggregate, to the financial statements taken as a whole or applicable opinion unit.
Disagreements with Management
For purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting, or auditing matter, which could be significant to the entity’s financial statements or the auditor’s report. No such disagreements arose during the course of the audit.
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Representations Requested from Management
We have requested certain written representations from management, which are included in the attached letter dated January 14, 2026.
Management’s Consultations with Other Accountants
In some cases, management may decide to consult with other accountants about auditing and accounting matters. Management informed us that, and to our knowledge, the entity utilized the services of other accountants for consulting services related to the fiscal yearend closing process.
Other Significant Matters, Findings, or Issues
In the normal course of our professional associatio n with the entity, we generally discuss a variety of matters, including the application of accounting prin ciples and auditing standards, significant events or transactions that occurred during the year, operati ng and regulatory conditions affecting the entity, and operational plans and strategies that may affect the risks of material misstatement. None of the matters discussed resulted in a condition to our retention as the entity’s auditors.
Other Information Included in Annual Reports
Pursuant to professional standards, our responsibility as auditors for other information, whether financial or nonfinancial, included in the entity’s annual reports, does not extend beyond the information identified in the audit report, and we are not required to perform any procedures to corroborate such other information.
However, in accordance with such standards, we have:
Read the transmittal letter and statistical section and considered whether a material inconsistency existed between the other the information and t he basic financial statements, or the other information otherwise appears to be materially misstated. Our opinion on the basic financial statements do not cover the other information, and we do not express an opinion or any form of assurance thereon.
Our responsibility also includes communicating to you any information which we believe is a material misstatement of fact. Nothing came to our attention that caused us to believe that such information, or its manner of presentation, is materially inconsistent wi th the information, or m anner of its presentation, appearing in the financial statements.
This report is intended solely for the information and use of the City Council and management of the entity and is not intended to be and should not be used by anyone other than these specified parties.
Very truly yours,
Packet Page. 613
Saiif Bernardino
Finance Department
January 14, 2026
Rogers, Anderson, Malady & Scott, LLP
735 E. Carnegie Drive, Suite 100
San Bernardino, CA 92408
This representation letter is provided in connection with your audit of the financial statements of the City of San Bernardino (the entity) as of June 30, 2025 and for the year then ended, and the related notes to the financial statements, for the purpose of expressing opinions on whether the financial statements of the various opinion units are presented fairly, in all material respects, in accordance with accounting principles generally accepted for governments in the United States of America (U.S. GAAP).
Certain representations in this letter are described as being limited to matters that are material. Items are considered material, regardless of size, if they involve an omission or misstatement of accounting information such that, in the light of surrounding circumstances, there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.
We confirm that, to the best of our knowledge and belief, having made such inquiries as we considered necessary for the purpose of appropriately informing ourselves as of January 14, 2026:
Financial Statements
• We have fulfilled our responsibilities, as set out in the terms of the audit engagement letter dated May 21, 2025, for the preparation and fair presentation of the financial statements of the various opinion units referred to above in accordance with U.S. GAAP. • The financial statements refer to above have been fairly presented in accordance with U.S. GAAP and include all properly classified funds, required supplementary information, and noted to the basic financial statements.
• We acknowledge our responsibility for the design, implementation, and maintenance of the system of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. • We acknowledge our responsibility for the design, implementation, and maintenance of internal control to prevent and detect fraud.
• The methods, data and significant assumptions used by us in making accounting estimates and their related disclosures, are appropriate to achieve recognition, measurement, or disclosure that is reasonable in the context of U.S. GAAP.
• All related party relationships and transactions have been appropriately accounted for and disclosed in accordance with the requirements of U.S. GAAP. • All events subsequent to the date of the financial statements and for which U.S. GAAP requires adjustment or disclosure have been adjusted or disclosed. • We acknowledge our responsibility for compliance with the laws, regulations, and provisions of contracts and grant agreements.
• The effects of uncorrected misstatements summarized in the attached schedule and aggregated by you during the current engagement are immaterial, both individually and in the aggregate, to the applicable opinion units and to the financial statements as a whole.
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Rogers, Anderson, Malody & Scott, LLP
• The effects of all known actual or possible litigation and claims have been accounted for and disclosed in accordance with U.S. GAAP.
• All component units, as well as joint ventures with an equity interest, if any, are included and other joint ventures and related organizations are properly disclosed. • All funds and activities are properly classified.
• All funds that meet the quantitative criteria in GASB Statement No. 34, Basic Financial Statements-and Management's Discussion and Analysis-for State and Local Governments, GASB Statement No. 37, Basic Financial Statements-and Management's Discussion and Analysis-for State and Local Governments: Omnibus as amended, and GASB Statement No. 65, Items Previously Reported as Assets and Liabilities, for presentation as major are identified and presented as such and all other funds that are presented as major are considered important to financial statement users.
• All components of net position, nonspendable fund balance, and restricted, committed, assigned, and unassigned fund balance are properly classified and, if applicable, approved. • Our policy regarding whether to first apply restricted or unrestricted resources when an expense is incurred for purposes for which both restricted and unrestricted net position/fund balance are available is appropriately disclosed and net position/fund balance is properly recognized under the policy.
• All revenues within the statement of activities have been properly classified as program revenues, general revenues, contributions to term or permanent endowments, or contributions to permanent fund principal.
• All expenses have been properly classified in or allocated to functions and programs in the statement of activities, and allocations, if any, have been made on a reasonable basis. • All interfund and intra-entity transactions and balances have been properly classified and reported. • Special items and extraordinary items have been properly classified and reported. • Deposit and investment risks have been properly and fully disclosed. • Capital assets, including infrastructure assets, are properly capitalized, reported, and if applicable, depreciated.
• Nonexchange and exchange financial guarantees, either written or oral, under which it is more likely than not that a liability exists have been properly recorded, or if we are obligated in any manner, are disclosed.
• We have reviewed, approved, and taken responsibility for the financial statements and related notes.
• With regard to investments and other instruments reported at fair value:
- The underlying assumptions are reasonable and they appropriately reflect management's intent and ability to carry out its stated courses of action. - The measurement methods and related assumptions used in determining fair value are appropriate in the circumstances and have been consistently applied. - The disclosures related to fair values are complete, adequate, and in accordance with U.S.
GAAP.
- There are no subsequent events that require adjustments to the fair value measurements and disclosures included in the financial statements.
• With regard to pensions and OPEB:
- We believe that the actuarial assumptions and methods used to measure pension and OPEB liabilities and costs for financial accounting purposes are appropriate in the circumstances. - We are unable to determine the possibility of a withdrawal liability from the of Plan, of which we are a sponsor and are not currently contemplating withdrawing from the Plan.
Increases in benefits, elimination of benefits and all similar amendments have been disclosed in accordance with U.S. GAAP and are included in the most recent actuarial valuation, or disclosed as a subsequent event.
290 North D St, San Bernardino, CA 92401 I P: 909-998-2101 I www.SBCity.org
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Rogers, Anderson, Malady & Scott, LLP
• We have conducted a comprehensive risk assessment and disclosed all material concentrations and constraints in accordance with GASB Statement No. 102, Certain Risk Disclosures. These disclosures provide sufficient detail to enable users of financial statements to understand the nature of the circumstances disclosed and the government's vulnerability to the risk of a substantial impact associated with the concentration or constraint, if applicable. • We have evaluated the concentrations and constraints, including those that occur subsequent to the statement of net position date but before the financial statements are issued and have been properly disclosed in the financial statements as subsequent events. • With respect to preparation of the financial statements, we have performed the following:
- Made all management decisions and performed all management functions; - Assigned a competent individual to oversee the services; - Evaluated the adequacy of the services performed;
Evaluated and accepted responsibility for the result of the service performed; and Established and maintained internal controls, a process to monitor the system of internal controls.
• There have been no changes or updates to legal information disclosed to you by our attorney(s) since the date of such legal response and now.
Information Provided
• We have provided you with:
- Access to all information, of which we are aware that is relevant to the preparation and fair presentation of the financial statements of the various opinion units referred to above, such as records, documentation, meeting minutes, and other matters. - Additional information that you have requested from us for the purpose of the audit.
Unrestricted access to persons within the entity from whom you determined it necessary to obtain audit evidence .
- A written acknowledgement of all the documents that we expect to issue that will be included in the annual report and the planned timing and method of issuance of that annual report. - A final version of the annual report (including all the documents that, together, comprise the annual report) in a timely manner prior to the date of the auditor's report. • The financial statements and any other information included in the annual report are consistent with one another, and the other information does not contain any material misstatements. • All information provided in electronic form are true representations of the original documents. • All transactions have been recorded in the accounting records and are reflected in the financial statements.
• We have disclosed to you the results of our assessment of the risk that the financial statements may be materially misstated as a result of fraud.
• We have provided to you our analysis of the entity's ability to continue as a going concern, including significant conditions and events present, concentrations and constraints, and we believe that our use of the going concern basis of accounting is appropriate. • We have no knowledge of any fraud or suspected fraud that affects the entity and involves:
- Management
- Employees who have significant roles in internal control - Others where the fraud could have a material effect on the financial statements. • We have no knowledge of any instances, that have occurred or are likely to have occurred, of fraud and noncompliance with provisions of laws and regulations that have a material effect on the financial statements or other financial data significant to the audit objectives, and any other 290 North D St, San Bernardino, CA 92401 I P: 909-998-2101 I www.SBCity.org
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Rogers, Anderson, Malady & Scott, LLP
instances that warrant the attention of those charged with governance, whether communicated by employees, former employees, vendors (contractors}, analysts, regulators, or others. • We have no knowledge of any instances that have occurred or are likely to have occurred, of noncompliance with provisions of contracts and grant agreements that has a material effect on the determination of financial statement amounts or other financial data significant to the audit objectives.
• We have no knowledge of any instances that have occurred or are likely to have occurred of abuse that could be quantitatively or qualitatively material to the financial statements or other financial data significant to the audit objectives.
• We have a process to track the status of audit findings and recommendations. • We have identified for you all previous audits, attestation engagements, and other studies related to the audit objectives and whether related recommendations have been implemented. • We have disclosed to you all known actual or possible litigation, claims, and assessments whose effects should be considered when preparing the financial statements. • We have disclosed to you the identity of all the entity's related parties and the nature of all the related party relationships and transactions of which we are aware. • There have been no communications from regulatory agencies concerning noncompliance with or deficiencies in accounting, internal control, or financial reporting practices . • The entity has no plans or intentions that may materially affect the carrying value or classification of assets and liabilities.
• For nonexchange financial guarantees where we have declared liabilities, the amount of the liability recognized is the discounted present value of the best estimate of the future outflows expected to be incurred as a result of the guarantee. Where there was no best estimate but a range of estimated future outflows has been established, we have recognized the minimum amount within the range. • We have disclosed to you all significant estimates and material concentrations known to management that are required to be disclosed in accordance with GASB Statement No. 62 (GASB- 62), Codification of Accounting and Financial Reporting Guidance Contained in Pre-November 30, 1989 FASB and A/CPA Pronouncements. Significant estimates are estimates at the balance sheet date that could change materially within the next year. Concentrations refer to volumes of business, revenues, available sources of supply, or markets or geographic areas for which events could occur that would significantly disrupt normal finances within the next year. • We have identified and disclosed to you the laws, regulations, and provisions of contracts and grant agreements that could have a direct and material effect on financial statement amounts, including legal and contractual provisions for reporting specific activities in separate funds. • We are not aware of any pending or threatened litigation, claims, or assessments, or unasserted claims or assessments that are required to be accrued or disclosed in the financial statements in accordance with GASB Statement No. 62 (GASB-62), Codification of Accounting and Financial Reporting Guidance Contained in Pre-November 30, 1989 FASB and A/CPA Pronouncements (FASB Accounting Standards CodificationTM (ASC) 450, Contingencies), and we have not consulted a lawyer concerning litigation, claims, or assessments. • We have disclosed to you all nonexchange financial guarantees, under which we are obligated and have declared liabilities and disclosed properly in accordance with GASS Statement No. 70, Accounting and Financial Reporting for Nonexchange Financial Guarantees, for those guarantees where it is more likely than not that the entity will make a payment on any guarantee. 290 North D St, San Bernardino, CA 92401 I P: 909-998-2101 I www.SBCity.org
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Rogers, Anderson, Malady & Scott, LLP
• There are no:
- Violations or possible violations of laws or regulations, or provisions of contracts or grant agreements whose effects should be considered for disclosure in the financial statements or as a basis for recording a loss contingency, including applicable budget laws and regulations.
Unasserted claims or assessments that our lawyer has advised are probable of assertion and must be disclosed in accordance with GASB-62.
- Other liabilities or gain or loss contingencies that are required to be accrued or disclosed by GASB-62.
- Continuing disclosure consent decree agreements or filings with the Securities and Exchange Commission and we have filed updates on a timely basis in accordance with the agreements (Rule 240, 15c2-12).
• The entity has satisfactory title to all owned assets, and there are no liens or encumbrances on such assets nor has any asset or future revenue been pledged as collateral, except as disclosed to you.
• We have complied with all aspects of grant agreements and other contractual agreements that would have a material effect on the financial statements in the event of noncompliance.
Use of a Specialist
• We agree with the findings of specialists in evaluating the entity's net pension and net other post employment benefit liabilities and related deferred amounts and have adequately considered the qualifications of the specialist in determining the amounts and disclosures used in the financial statements and underlying accounting records. We did not give or cause any instructions to be given to specialists with respect to the values or amounts derived in an attempt to bias their work, and we are not otherwise aware of any matters that have had an impact on the independence or objectivity of the specialists.
Cybersecu rity
• There have been no cybersecurity breaches or other cyber events whose effects should be considered for disclosure in the financial statements, as a basis for recording a loss contingency, or otherwise considered when preparing the financial statements.
Supplementary Information in Relation to the Financial Statements as a Whole With respect to supplementary information accompanying the financial statements:
• We acknowledge our responsibility for the presentation of the supplementary information in accordance with accounting principles generally accepted in the United States of America. • We believe the supplementary information, including its form and content, is fairly presented in accordance with accounting principles generally accepted in the United States of America. • The methods of measurement or presentation have not changed from those used in the prior period.
• We believe any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information, and the basis for our assumptions and interpretations, are reasonable and appropriate in the circumstances. • When the supplementary information is not presented with the audited financial statements, management will make the audited financial statements readily available to the intended users of the supplementary information no later than the date of issuance by the entity of the supplementary information and the auditor's report thereon.
• We acknowledge our responsibility to include the auditor's report on the supplementary information in any document containing the supplementary information and that indicates the auditor reported on such supplementary information.
290 North D St, San Bernardino, CA 92401 I P: 909-998-2101 I www.SBCity.org
Packet Page. 618
Rogers, Anderson, Malady & Scott, LLP
• We acknowledge our responsibility to present the supplementary information with the audited financial statements or, if the supplementary information will not be presented with the audited financial statements, to make the audited financial statements readily available to the intended users of the supplementary information no later than the date of issuance by the entity of the supplementary information and the auditor's report thereon.
Required Supplementary Information
With respect to the required supplementary information accompanying the financial statements:
• We acknowledge our responsibility for the presentation of the required supplementary information in accordance with U.S. GAAP.
• We believe the required supplementary information, including its form and content, is measured and fairly presented in accordance with U.S. GAAP.
• The methods of measurement or presentation have not changed from those used in the prior period.
• We believe the significant assumptions or interpretations underlying the measurement or presentation of the required supplementary information, and the basis for our assumptions and interpretations, are reasonable and appropriate in the circumstances Signature: Q~..:_._ 02....e..-
Title : Interim 'ee',r of Finance & M~Jment Services
290 North D St, San Bernardino, CA 92401 I P: 909-998-2101 I www.SBCity.org
Packet Page. 619
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REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON
COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL
STATEMENTS PERFORMED IN ACCORDANCE WITH
GOVERNMENT AUDITING STANDARDS
Independent Auditor’s Report
To the Honorable Mayor and City Council Members
City of San Bernardino, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States (Government Auditing Standards), the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of San Bernardino (the entity) as of and for the year ended June 30, 2025, and the related notes to the financial statements, which collectively comprise the ent ity’s basic financial statements, and have issued our report thereon dated January 14, 2026.
Report on Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the entity’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances fo r the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. Accordingly, we do not express an opinion on the effectiveness of the entity’s internal control.
A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.
Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that were not identified. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. We identified a deficiency in internal control, described in the accompanying Schedule of Findings and Responses as item 2025-001 that we consider to be a significant deficiency.
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-2-
Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the entity’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed an instance of noncompliance that is required to be reported under Government Auditing Standards and which is described in the accompanying Schedule of Findings and Responses as item 2025-001.
We noted certain matters that we have reported to management of the entity in a separate letter dated January 14, 2026.
Entity’s Response to Findings
Government Auditing Standards requires the auditor to perform limited procedures on the entity’s response to the findings identified in our audit and described in the accompanying Schedule of Findings and Responses. The entity’s response was not subjected to the other auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on the response.
Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.
San Bernardino, California
January 14, 2026
Packet Page. 621
City of San Bernardino
Schedule of Findings and Responses
June 30, 2025
-3-
2025-001 – Credit Card Transactions Approvals
Significant Deficiency, Noncompliance
Criteria:
Per section 3.2.6 of the City’s administrative policy manual, credit card transactions should be reviewed and approved by cardholder’s manager or designee.
Condition:
During our testing over credit card compliance, we were unable to obtain credit card purchase approvals for one employee across 3 months, and a second employee across 2 months.
Cause:
This occurred due to not maintaining documentation of approvals and due to employee turnover.
Effect:
Unauthorized transactions could occur without detection.
Recommendation:
We recommend that the entity ensure that all credit card reconciling, and approval documentation be maintained properly and implement controls to ensure that a designee reviewer is assigned for credit card users.
Management’s Response:
The City acknowledges the audit finding regarding credit card transaction approvals and is committed to ensuring compliance with administrative policies. High turnovers, department reorganizations, and prolonged vacancies resulted in gaps in the approval process.
The City will implement the following corrective actions:
Enhanced Oversight: Departments will conduct periodic reviews of reconciler and approver assignments to ensure accuracy and compliance. Clear Accountability: Departments will promptly notify the City’s P-Card Administrator when their assigned reconcilers or approvers change.
Improved Documentation: Efforts will be made to standardize approval processes to ensure all transactions are documented in a retrievable format. Training and Guidance: Staff will receive additional training on policy requirements to reinforce proper reconciliation and approval procedures. Corrective Action: The City has identified the deficiency and has implemented procedures to ensure every employee has a designated reviewer.
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3 1
7 2
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 4, 2026
To: Honorable Mayor and City Council Members
From: Andrea Russell, Director of Human Resources
Department: Human Resources
Subject: Approve Administrative Corrections to Previously Adopted Salary Schedules; and Adopt Corrected Salary
Schedules.
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-009:
1. Approving administrative corrections to previously adopted salary schedules; and
2. Adopting the corrected Salary Schedule for Part-Time, Temporary, and Seasonal Positions effective 1/1/2026, and Citywide salary schedules effective 7/1/2022, and 1/5/2026.
City Manager's Comments
The City Manager recommends approval.
Executive Summary
CalPERS routinely audits contributions made by member agencies against the agency’s publicly available salary schedule adopted by a governing body which covers the audited time period. Discrepancies in these figures, if not reconciled could negatively impact an employee’s benefit calculations at the time of retirement.
Background
In August, 2025 Human Resources staff was contacted by representatives from CalPERS regarding discrepancies between reported salaries and the approved salary schedules in force at the time of reporting. Through conversations with CalPERS, staff identified one (1) salary schedule effective 7/1/2022 that requires administrative corrections to be approved and adopted by Council. For the period of 7/1/2022- 6/30/2023 the published salary associated with the City Clerk and the Chief of Police
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3 1
7 2
classifications were incorrect. While the salary reported to CalPERS for the City Clerk was $11,793.00, the salary was published as a 21-step range as follows:
Step 1: $10,590.00 Step 2: $10,695.90 Step 3: $10,802.86 Step 4: $10,695.90 Step 5: $11,020.00 Step 6: $11,130.20 Step 7: $11,240.50 Step 8: $11,353.91 Step 9: $11,467.45 Step 10: $11,582.13 Step 11: $11,697.95 Step 12: $11,814.93 Step 13: $11,933.08 Step 14: $12,052.41 Step 15: $12,172.93 Step 16: $12,294.66 Step 14: $12,417.61 Step 18: $12,541.78 Step 19: $12,667.20 Step 20: $12,793.87 Step 21: $12,873.00 Second, the salary of the Chief of Police was reported as $27,814.58, however the published salary schedule reflected the maximum salary as $23,888.02.
On January 21, 2026 Council approved the salary schedule for Part-Time, Temporary, and Seasonal Positions effective 1/1/2026 which reflected changes to salaries affected by the 2026 minimum wage increase, and other classifications where compaction was identified. The recently approved salary schedules effective 1/1/2026 and 1/5/2026 require administrative corrections to the salaries of the Recreation Leader (PT) and Senior Recreation Leader (PT), which received compaction adjustments as a result of the 2026 minimum wage increase as follows:
Classification: From: To:
Recreation Leader (PT) $16.96 – $20.61/hr $17.98 – 21.86/hr Senior Recreation Leader (PT) $17.74 – $21.56/hr $18.62 – 22.64/hr Discussion
The salary schedule effective 7/1/2022 has been corrected to reflect the salaries reported to CalPERS for the City Clerk and Chief of Police. The salary schedule for Part-Time, Temporary, and Seasonal Positions effective 1/1/2026, and the Citywide Salary Schedule for Full-Time, Part-Time, Temporary, and Seasonal Positions effective 1/5/2026 have been corrected to reflect the salaries adjusted for compaction as identified above.
2021-2025 Strategic Targets and Goals
The administrative correction to publicly available salary schedules aligns with Goal No. 2: Build a culture that attracts, retains, and motivates the highest quality talent by ensuring that published salaries correspond with contributions made to CalPERS on behalf of our employees, and that there is a clear monetary distinction between classifications based on their duties, responsibilities, and complexity of work.
Fiscal Impact
The fiscal impact of the correction to the Part-Time, Temporary, and Seasonal Salary Schedule effective 1/1/2026 is $12,738.00. There is no fiscal impact related to other corrections.
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution NO. 2026-009:
1. Approving administrative corrections to previously adopted salary schedules; and
2. Adopting the corrected Salary Schedule for Part-Time, Temporary, and Seasonal Positions effective 1/1/2026, and Citywide salary schedules effective 7/1/2022, and 1/5/2026.
Attachments
Attachment 1 Resolution 2026-009
Attachment 2 Exhibit A – Citywide Salary Schedule for Full Time, Part-Time, Temporary, and Seasonal Positions Effective 7/1/2022.
Attachment 3 Exhibit B – Salary schedule for Part-time, Temporary, and Seasonal Positions effective 1/1/2026
Attachment 4 Exhibit C – Citywide Salary Schedule for Full-Time, Part-Time, Temporary, and Seasonal Positions Effective 1/5/2026
Ward:
All Wards
Synopsis of Previous Council Actions:
January 21, 2026 Mayor and City Council adopted Resolution No. 2026-002 amending the City-wide Salary Schedule for Full-Time, Part- Time, Temporary, and Seasonal Positions.
CC
Eric Levitt
Packet Page. 625
Resolution No. 2026-009
Resolution 2026-009
February 04, 2026
RESOLUTION NO. 2026-009
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVE ADMINISTRATIVE CORRECTIONS TO
PREVIOUSLY ADOPTED SALARY SCHEDULES; AND
ADOPT THE PART-TIME, TEMPORARY, AND SEASONAL
SALARY SCHEDULE EFFECTIVE 1/1/26, CITYWIDE
SALARY SCHEDULES EFFECTIVE 7/1/22 AND 1/5/26.
WHEREAS, CalPERS routinely audits contributions made by member agencies against the agency’s publicly available salary schedule adopted by a governing body which covers the audited time period. and
WHEREAS, Discrepancies in these figures, if not reconciled, could negatively impact an employee’s benefit calculations at the time of retirement.
WHEREAS, Through conversations with CalPERS, staff has identified one (1) salary schedule that requires administrative correction and adoption by Council for the 7/1/2022 effective date’ AND
WHEREAS Recently approved salary schedules effective 1/1/2026 and 1/5/2026 require administrative corrections to the salaries of classifications adjusted for compaction as a result of the 2026 minimum wage update.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The salary schedules for part -time, temporary, and seasonal employees effective January 1, 2026 and the city-wide salary schedules effective July 1, 2022 and January 5, 2026 incorporated herein as Exhibit A and Exhibit B and Exhibit C, are hereby approved.
SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
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Resolution No. 2026-009
Resolution 2026-009
February 04, 2026
SECTION 5. Effective Date. This Resolution shall become effective immediately.
SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of February 2026.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 627
Resolution No. 2026-009
Resolution 2026-009
February 04, 2026
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez , CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-009 adopted at a regular meeting held on the 4th day of February 2026 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2026.
Telicia Lopez, CMC, City Clerk
Packet Page. 628
ADOPTED 2/4/26
EFFECTIVE 7/1/22
CLASS
CODE CLASSIFICATION TITLE SALARY RANGENEW BOTTOM
STEP
BOTTOM
HOURLY/
MONTHLY
NEW TOP STEPTOP HOURLY/
MONTHLY UNIT
30011 ACCOUNTANT I (FLEX) 465 $4,856.29 MONTHLY $5,903.30 MONTHLY GENERAL 30012 ACCOUNTANT II 485 $5,366.34 MONTHLY $6,523.11 MONTHLY GENERAL 10012 ACCOUNTANT II - PAYROLL 485 $5,259.93 MONTHLY $6,393.77 MONTHLY CONFIDENTIAL 20013 ACCOUNTANT III 520 $6,384.21 MONTHLY $7,760.40 MONTHLY MIDDLE MANAGEMENT 10860 ACCOUNTING DIVISION MANAGER (U) 608 $9,714.05 MONTHLY $11,807.69 MONTHLY MANAGEMENT 30017 ACCOUNTING TECHNICIAN I (FLEX) 399 $3,495.06 MONTHLY $4,247.23 MONTHLY GENERAL 30018 ACCOUNTING TECHNICIAN II 419 $3,860.93 MONTHLY $4,692.73 MONTHLY GENERAL 30030 ACCOUNTING TECHNICIAN III 437 $4,223.56 MONTHLY $5,133.91 MONTHLY GENERAL 30709 ADMINISTRATIVE ASSISTANT 400 $3,512.28 MONTHLY $4,268.76 MONTHLY GENERAL 10081 ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U) 464 $4,736.79 MONTHLY $5,757.77 MONTHLY CONFIDENTIAL 10092 ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U) 410 $3,618.78 MONTHLY $4,398.22 MONTHLY CONFIDENTIAL 10093 ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U) 430 $3,998.48 MONTHLY $4,859.14 MONTHLY CONFIDENTIAL 10534 ADMINISTRATIVE CLAIMS SPECIALIST 420 $3,803.35 MONTHLY $4,622.88 MONTHLY CONFIDENTIAL 20457 ADMINISTRATIVE SERVICES SUPERVISOR 484 $5,334.87 MONTHLY $6,484.20 MONTHLY MIDDLE MANAGEMENT 10979 ADMINISTRATIVE SUPERVISOR AND EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)535 $6,749.21 MONTHLY $8,203.68 MONTHLY MANAGEMENT 09710 AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES (U) 692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 09525 AGENCY DIRECTOR OF COMMUNITY, HOUSING AND ECONOMIC DEVELOPMENT (U)692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 09760 AGENCY DIRECTOR OF PUBLIC WORKS, OPERATIONS AND MAINTENANCE (U) 692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 30140 ANIMAL CONTROL OFFICER I (FLEX) 411 $3,710.28 MONTHLY $4,509.79 MONTHLY GENERAL 30141 ANIMAL CONTROL OFFICER II 424 $3,958.85 MONTHLY $4,812.17 MONTHLY GENERAL 30092 ANIMAL LICENSE INSPECTOR 370 $3,023.75 MONTHLY $3,675.84 MONTHLY GENERAL 20320 ANIMAL SERVICES MANAGER 526 $6,577.74 MONTHLY $7,995.85 MONTHLY MIDDLE MANAGEMENT 30130 ANIMAL SERVICES REPRESENTATIVE 370 $3,023.75 MONTHLY $3,675.84 MONTHLY GENERAL 20319 ANIMAL SERVICES SUPERVISOR 478 $5,177.90 MONTHLY $6,293.90 MONTHLY MIDDLE MANAGEMENT 30119 ANIMAL SHELTER ATTENDANT 370 $3,023.75 MONTHLY $3,675.84 MONTHLY GENERAL 00300 APPRENTICE (PT) 381 $2,969.00 MONTHLY $3,608.00 MONTHLY NA 20620 AQUATICS SUPERVISOR 468 $4,925.24 MONTHLY $5,987.48 MONTHLY MIDDLE MANAGEMENT 30400 ARBORIST 452 $4,551.76 MONTHLY $5,533.13 MONTHLY GENERAL 30894 ASSESSMENT DISTRICT/REAL PROP SPECIALIST 500 $5,782.78 MONTHLY $7,028.87 MONTHLY GENERAL 30271 ASSISTANT BUYER 430 $4,079.37 MONTHLY $4,957.44 MONTHLY GENERAL 50141 ASSISTANT CHIEF OF POLICE P6 $21,242.00 MONTHLY $21,242.00 MONTHLY POLICE MANAGEMENT 10644 ASSISTANT CITY MANAGER (U) 705 $15,758.71 MONTHLY $19,152.82 MONTHLY EXECUTIVE 00212 ASSISTANT LITERACY PROGRAM COORDINATOR (PT) (GRANT FUNDED) 385 $3,029.00 MONTHLY $3,681.00 MONTHLY NA 30168 ASSISTANT PLANNER (FLEX) 486 $5,393.24 MONTHLY $6,555.40 MONTHLY GENERAL 10216 ASSISTANT TO THE CITY MANAGER (U) 580 $8,448.38 MONTHLY $10,268.84 MONTHLY MANAGEMENT 10104 ASSISTANT TO THE MAYOR I (U) 430 $3,998.48 MONTHLY $4,859.14 MONTHLY MANAGEMENT 10105 ASSISTANT TO THE MAYOR II (U) 480 $5,130.20 MONTHLY $6,235.56 MONTHLY MANAGEMENT 10106 ASSISTANT TO THE MAYOR III (U) 530 $6,583.62 MONTHLY $8,002.23 MONTHLY MANAGEMENT 10107 ASSISTANT TO THE MAYOR IV (U) 580 $8,448.38 MONTHLY $10,268.84 MONTHLY MANAGEMENT 20169 ASSOCIATE PLANNER 515 $6,227.24 MONTHLY $7,569.02 MONTHLY MIDDLE MANAGEMENT 00194 BACKGROUND INVESTIGATOR (PT) 493 $5,190.00 MONTHLY $6,308.00 MONTHLY NA 10060 BUDGET DIVISION MANAGER (U) 608 $9,714.05 MONTHLY $11,807.69 MONTHLY MANAGEMENT 10062 BUDGET OFFICER 581 $8,490.57 MONTHLY $10,319.47 MONTHLY MANAGEMENT 20250 BUILDING INSPECTION SUPERVISOR 542 $7,124.98 MONTHLY $8,660.29 MONTHLY MIDDLE MANAGEMENT 30072 BUILDING INSPECTOR I (FLEX) 460 $4,736.84 MONTHLY $5,758.03 MONTHLY GENERAL 30073 BUILDING INSPECTOR II 487 $5,420.15 MONTHLY $6,587.68 MONTHLY GENERAL City of San Bernardino
Salary Schedule
SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 1 of 7
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ADOPTED 2/4/26
EFFECTIVE 7/1/22
CLASS
CODE CLASSIFICATION TITLE SALARY RANGENEW BOTTOM
STEP
BOTTOM
HOURLY/
MONTHLY
NEW TOP STEPTOP HOURLY/
MONTHLY UNIT
30074 BUILDING INSPECTOR III 511 $6,108.83 MONTHLY $7,425.93 MONTHLY GENERAL 10500 BUILDING OFFICIAL (U) 613 $9,959.81 MONTHLY $12,105.12 MONTHLY MANAGEMENT 30502 BUSINESS REGISTRATION INSPECTOR 459 $4,713.17 MONTHLY $5,728.98 MONTHLY GENERAL 20263 BUSINESS REGISTRATION MANAGER 530 $6,711.05 MONTHLY $8,157.12 MONTHLY MIDDLE MANAGEMENT 30650 BUSINESS REGISTRATION REPRESENTATIVE I 419 $3,860.93 MONTHLY $4,692.73 MONTHLY GENERAL 30651 BUSINESS REGISTRATION REPRESENTATIVE II 429 $4,058.92 MONTHLY $4,932.69 MONTHLY GENERAL 20271 BUYER 460 $4,732.79 MONTHLY $5,753.10 MONTHLY MIDDLE MANAGEMENT 30292 CEMETERY CARETAKER 395 $3,425.12 MONTHLY $4,163.30 MONTHLY GENERAL 10398 CHIEF DEPUTY CITY CLERK (U) 565 $7,838.75 MONTHLY $9,528.42 MONTHLY MANAGEMENT 50280 CHIEF OF POLICE NA $27,814.58 MONTHLY $27,814.58 MONTHLY EXECUTIVE 10399 CITY CLERK (U) NA $10,590.00 MONTHLY $12,873.00 MONTHLY NA 00601 CITY COUNCIL NA $1,166.67 MONTHLY $1,166.67 MONTHLY NA 10370 CITY MANAGER (U) NA $23,750.00 MONTHLY $23,750.00 MONTHLY MANAGEMENT 10495 CIVIL ENGINEERING DIVISION MANAGER (U) 620 $10,313.14 MONTHLY $12,535.45 MONTHLY MANAGEMENT 10273 CODE ENFORCEMENT DIVISION MANAGER (U) 563 $7,760.70 MONTHLY $9,433.50 MONTHLY MANAGEMENT 30450 CODE ENFORCEMENT OFFICER I (FLEX) 441 $4,308.57 MONTHLY $5,237.22 MONTHLY GENERAL 30455 CODE ENFORCEMENT OFFICER II 472 $5,029.53 MONTHLY $6,113.13 MONTHLY GENERAL 10135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR 482 $5,181.88 MONTHLY $6,298.84 MONTHLY CONFIDENTIAL 30135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT420 $3,880.30 MONTHLY $4,716.40 MONTHLY GENERAL 30890 COMMUNITY DEVELOPMENT TECHNICIAN 446 $4,417.25 MONTHLY $5,369.57 MONTHLY GENERAL 30120 COMMUNITY INTERVENTION PROGRAM COORDINATOR 438 $4,245.08 MONTHLY $5,159.74 MONTHLY GENERAL 10100 COMMUNITY INTERVENTION PROGRAM MANAGER (U) 600 $9,334.35 MONTHLY $11,345.72 MONTHLY MANAGEMENT 30754 COMMUNITY POLICING SPECIALIST 470 $4,978.96 MONTHLY $6,052.87 MONTHLY GENERAL 20923 COMMUNITY RECREATION MANAGER 556 $7,639.98 MONTHLY $9,286.03 MONTHLY MIDDLE MANAGEMENT 30821 COMMUNITY RECREATION PROGRAM COORDINATOR 388 $3,307.83 MONTHLY $4,021.26 MONTHLY GENERAL 20925 COMMUNITY RECREATION PROGRAM SUPERVISOR 488 $5,442.38 MONTHLY $6,615.37 MONTHLY MIDDLE MANAGEMENT 20504 COMMUNITY SERVICES CENTER SUPERVISOR 458 $4,686.56 MONTHLY $5,696.12 MONTHLY MIDDLE MANAGEMENT 30758 COMMUNITY SERVICES OFFICER 410 $3,691.98 MONTHLY $4,487.20 MONTHLY GENERAL 20781 COMMUNITY SERVICES OFFICER SUPERVISOR 480 $5,229.50 MONTHLY $6,356.26 MONTHLY MIDDLE MANAGEMENT 30990 COMMUNITY SERVICES PROGRAM COORDINATOR 438 $4,245.08 MONTHLY $5,159.74 MONTHLY GENERAL 20424 CONSTRUCTION MANAGER 585 $8,829.09 MONTHLY $10,731.02 MONTHLY MIDDLE MANAGEMENT 10072 COUNCIL ADMINISTRATIVE SUPERVISOR (U) 506 $5,841.09 MONTHLY $7,099.38 MONTHLY CONFIDENTIAL 30604 CRIME ANALYSIS SUPPORT ASSISTANT 400 $3,512.28 MONTHLY $4,268.76 MONTHLY GENERAL 30603 CRIME ANALYST 493 $5,584.78 MONTHLY $6,787.83 MONTHLY GENERAL 00605 CRIME DATA TECHNICIAN (PT) 362 $2,700.00 MONTHLY $3,282.00 MONTHLY NA 20600 CRIME FREE PROGRAM COORDINATOR 490 $5,497.22 MONTHLY $6,682.02 MONTHLY MIDDLE MANAGEMENT 30602 CRIMINAL INVESTIGATION OFFICER 493 $5,584.78 MONTHLY $6,787.83 MONTHLY GENERAL 00054 CUSTODIAL AIDE (PT) 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 20616 CUSTODIAL SUPERVISOR 477 $5,152.09 MONTHLY $6,261.64 MONTHLY MIDDLE MANAGEMENT 30621 CUSTODIAN 368 $2,993.62 MONTHLY $3,639.26 MONTHLY GENERAL 30222 CUSTOMER SERVICE REPRESENTATIVE 386 $3,275.55 MONTHLY $3,981.45 MONTHLY GENERAL 30226 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) 396 $3,442.34 MONTHLY $4,184.82 MONTHLY GENERAL 30227 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U) 396 $3,442.34 MONTHLY $4,184.82 MONTHLY GENERAL 30224 CUSTOMER SERVICE REPRESENTATIVE (U) 386 $3,275.55 MONTHLY $3,981.45 MONTHLY GENERAL 30100 DATA ANALYST 444 $4,374.21 MONTHLY $5,316.84 MONTHLY GENERAL 10650 DEPUTY CITY CLERK I (U) 490 $5,392.83 MONTHLY $6,555.14 MONTHLY CONFIDENTIAL 10654 DEPUTY CITY CLERK II (U) 530 $6,583.62 MONTHLY $8,002.23 MONTHLY MANAGEMENT 10372 DEPUTY CITY MANAGER (U) 681 $13,980.43 MONTHLY $16,993.79 MONTHLY MANAGEMENT 10066 DEPUTY DIRECTOR OF FINANCE (U) 629 $10,786.71 MONTHLY $13,111.34 MONTHLY MANAGEMENT 10720 DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U) 629 $10,786.71 MONTHLY $13,111.34 MONTHLY MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 2 of 7
Packet Page. 630
ADOPTED 2/4/26
EFFECTIVE 7/1/22
CLASS
CODE CLASSIFICATION TITLE SALARY RANGENEW BOTTOM
STEP
BOTTOM
HOURLY/
MONTHLY
NEW TOP STEPTOP HOURLY/
MONTHLY UNIT
10610 DEPUTY DIRECTOR OF HUMAN RESOURCES (U) 629 $10,786.71 MONTHLY $13,111.34 MONTHLY MANAGEMENT 10638 DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U) 629 $10,786.71 MONTHLY $13,111.34 MONTHLY MANAGEMENT 10732 DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U) 612 $9,910.23 MONTHLY $12,045.01 MONTHLY MANAGEMENT 10803 DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U) 678 $13,772.65 MONTHLY $16,740.66 MONTHLY MANAGEMENT 10802 DEPUTY DIRECTOR/CITY PLANNER (U) 662 $12,716.87 MONTHLY $15,457.05 MONTHLY MANAGEMENT 10400 DEPUTY LIBRARY DIRECTOR (U) 575 $8,239.54 MONTHLY $10,015.71 MONTHLY MANAGEMENT 40466 DETECTIVE/CORPORAL P2 $8,516.94 MONTHLY $11,169.58 MONTHLY POLICE SAFETY 10685 DIRECTOR OF ANIMAL SERVICES (U) 630 $10,840.50 MONTHLY $12,830.31 MONTHLY EXECUTIVE 10520 DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT (U) 692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 10711 DIRECTOR OF FINANCE (U) 692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 10665 DIRECTOR OF HUMAN RESOURCES (U) 660 $12,590.30 MONTHLY $15,303.06 MONTHLY EXECUTIVE 10625 DIRECTOR OF INFORMATION TECHNOLOGY (U) 660 $12,590.30 MONTHLY $15,303.06 MONTHLY EXECUTIVE 10731 DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U) 662 $12,716.87 MONTHLY $15,457.05 MONTHLY EXECUTIVE 10753 DIRECTOR OF PUBLIC WORKS (U) 692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 20200 DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST 560 $7,793.72 MONTHLY $9,473.10 MONTHLY MIDDLE MANAGEMENT 10140 DIVERSITY, EQUITY & INCLUSION OFFICER (U) 590 $8,879.76 MONTHLY $10,794.10 MONTHLY MANAGEMENT 10125 ECONOMIC DEVELOPMENT DIVISION MANAGER (U) 600 $9,334.35 MONTHLY $11,345.72 MONTHLY MANAGEMENT 10127 ECONOMIC DEVELOPMENT PROJECT MANAGER 560 $7,645.73 MONTHLY $9,293.22 MONTHLY MANAGEMENT 10120 ECONOMIC DEVELOPMENT SPECIALIST 500 $5,668.11 MONTHLY $6,889.49 MONTHLY CONFIDENTIAL 30831 ELECTRICIAN I (FLEX) 445 $4,395.73 MONTHLY $5,342.67 MONTHLY GENERAL 30841 ELECTRICIAN II 465 $4,856.29 MONTHLY $5,903.30 MONTHLY GENERAL 10367 EMERGENCY OPERATIONS MANAGER 565 $7,838.75 MONTHLY $9,528.42 MONTHLY MANAGEMENT 30432 ENGINEERING ASSISTANT I (FLEX) 450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL 30434 ENGINEERING ASSISTANT II 475 $5,104.86 MONTHLY $6,205.67 MONTHLY GENERAL 30436 ENGINEERING ASSISTANT III 511 $6,108.83 MONTHLY $7,425.93 MONTHLY GENERAL 20441 ENGINEERING ASSOCIATE 532 $6,777.71 MONTHLY $8,238.83 MONTHLY MIDDLE MANAGEMENT 10180 ENGINEERING PROJECT MANAGER 590 $8,879.76 MONTHLY $10,794.10 MONTHLY MANAGEMENT 30445 ENGINEERING TECHNICIAN 446 $4,417.25 MONTHLY $5,369.57 MONTHLY GENERAL 10200 ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER 532 $6,649.01 MONTHLY $8,082.39 MONTHLY MANAGEMENT 30420 ENVIRONMENTAL PROGRAMS COORDINATOR 464 $4,832.61 MONTHLY $5,874.25 MONTHLY GENERAL 20444 ENVIRONMENTAL PROJECT MANAGER 560 $7,793.72 MONTHLY $9,473.10 MONTHLY MIDDLE MANAGEMENT 20024 EQUIPMENT MAINTENANCE MANAGER 551 $7,451.83 MONTHLY $9,058.09 MONTHLY MIDDLE MANAGEMENT 20025 EQUIPMENT MAINTENANCE SUPERVISOR 523 $6,480.97 MONTHLY $7,877.59 MONTHLY MIDDLE MANAGEMENT 30921 EQUIPMENT MECHANIC I (FLEX) 420 $3,880.30 MONTHLY $4,716.40 MONTHLY GENERAL 30902 EQUIPMENT MECHANIC II 445 $4,395.73 MONTHLY $5,342.67 MONTHLY GENERAL 30943 EQUIPMENT SERVICE WORKER 408 $3,655.40 MONTHLY $4,443.08 MONTHLY GENERAL 30707 EXECUTIVE ASSISTANT 430 $4,079.37 MONTHLY $4,957.44 MONTHLY GENERAL 10707 EXECUTIVE ASSISTANT (U) 430 $3,998.48 MONTHLY $4,859.14 MONTHLY CONFIDENTIAL 10982 EXECUTIVE ASSISTANT TO DIRECTOR (U) 464 $4,736.79 MONTHLY $5,757.77 MONTHLY CONFIDENTIAL 10978 EXECUTIVE ASSISTANT TO MAYOR (U) 502 $5,725.07 MONTHLY $6,959.10 MONTHLY CONFIDENTIAL 10976 EXECUTIVE ASSISTANT TO THE CITY MANAGER (U) 502 $5,725.07 MONTHLY $6,959.10 MONTHLY CONFIDENTIAL 10951 EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U) 550 $7,273.41 MONTHLY $8,841.79 MONTHLY MANAGEMENT 00083 EXTRA RELIEF HEAVY LABORER (PT) 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 10939 FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U) 591 $8,924.06 MONTHLY $10,847.89 MONTHLY MANAGEMENT 30623 FACILITIES MAINTENANCE MECHANIC 420 $3,880.30 MONTHLY $4,716.40 MONTHLY GENERAL 20092 FACILITIES MAINTENANCE SUPERVISOR 515 $6,227.24 MONTHLY $7,569.02 MONTHLY MIDDLE MANAGEMENT 10512 FINANCIAL ANALYST 532 $6,649.01 MONTHLY $8,082.39 MONTHLY MANAGEMENT 30506 FLEET PARTS STOREKEEPER 398 $3,476.77 MONTHLY $4,226.79 MONTHLY GENERAL 30944 FLEET PARTS TECHNICIAN 438 $4,245.08 MONTHLY $5,159.74 MONTHLY GENERAL 00259 FOOD SERVICE PROGRAM SPECIALIST (PT) 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 3 of 7
Packet Page. 631
ADOPTED 2/4/26
EFFECTIVE 7/1/22
CLASS
CODE CLASSIFICATION TITLE SALARY RANGENEW BOTTOM
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BOTTOM
HOURLY/
MONTHLY
NEW TOP STEPTOP HOURLY/
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20060 FOOD SERVICE SUPERVISOR 478 $5,177.90 MONTHLY $6,293.90 MONTHLY MIDDLE MANAGEMENT 30165 FORENSICS SPECIALIST I (FLEX) 448 $4,462.45 MONTHLY $5,423.37 MONTHLY GENERAL 30166 FORENSICS SPECIALIST II 460 $4,736.84 MONTHLY $5,758.03 MONTHLY GENERAL 20160 FORENSICS SUPERVISOR 525 $6,545.48 MONTHLY $7,956.07 MONTHLY MIDDLE MANAGEMENT 20490 FORESTRY SUPERVISOR 542 $7,124.98 MONTHLY $8,660.29 MONTHLY MIDDLE MANAGEMENT 10624 GIS ADMINISTRATOR 580 $8,448.38 MONTHLY $10,268.84 MONTHLY CONFIDENTIAL 10623 GIS ANALYST 483 $5,207.20 MONTHLY $6,329.43 MONTHLY CONFIDENTIAL 10730 GRANT DIVISION MANAGER (U) 601 $9,380.76 MONTHLY $11,402.68 MONTHLY MANAGEMENT 10778 GRANT WRITER 506 $5,841.09 MONTHLY $7,099.38 MONTHLY CONFIDENTIAL 30133 GRANTS ANALYST 476 $5,130.68 MONTHLY $6,236.88 MONTHLY GENERAL 30136 GRANTS ASSISTANT 390 $3,341.19 MONTHLY $4,061.07 MONTHLY GENERAL 20100 GRANTS MANAGER (U) 506 $5,954.15 MONTHLY $7,236.80 MONTHLY MIDDLE MANAGEMENT 30098 GROUNDWORKER ARBORIST 392 $3,374.54 MONTHLY $4,101.97 MONTHLY GENERAL 30516 HAZMAT TECHNICIAN 452 $4,551.76 MONTHLY $5,533.13 MONTHLY GENERAL 10700 HOMELESS SERVICES COORDINATOR 556 $7,494.90 MONTHLY $9,109.69 MONTHLY MANAGEMENT 10121 HOUSING COMPLIANCE SPECIALIST 500 $5,668.11 MONTHLY $6,889.49 MONTHLY MANAGEMENT 10129 HOUSING DIVISION MANAGER (U) 601 $9,380.76 MONTHLY $11,402.68 MONTHLY MANAGEMENT 10657 HUMAN RESOURCES ANALYST 518 $6,200.75 MONTHLY $7,537.09 MONTHLY CONFIDENTIAL 10672 HUMAN RESOURCES DIVISION MANAGER (U) 590 $8,879.76 MONTHLY $10,794.10 MONTHLY MANAGEMENT 10673 HUMAN RESOURCES GENERALIST 490 $5,392.83 MONTHLY $6,555.14 MONTHLY CONFIDENTIAL 30207 HUMAN RESOURCES TECHNICIAN 418 $3,841.56 MONTHLY $4,670.13 MONTHLY GENERAL 30101 HVAC MECHANIC 460 $4,736.84 MONTHLY $5,758.03 MONTHLY GENERAL 10627 INFORMATION TECHNOLOGY ANALYST I (FLEX) 490 $5,392.83 MONTHLY $6,555.14 MONTHLY CONFIDENTIAL 10626 INFORMATION TECHNOLOGY ANALYST II 520 $6,262.98 MONTHLY $7,613.03 MONTHLY CONFIDENTIAL 10637 INFORMATION TECHNOLOGY MANAGER 599 $9,287.94 MONTHLY $11,288.76 MONTHLY MANAGEMENT 10631 INFORMATION TECHNOLOGY OPERATIONS SUPERVISOR 530 $6,583.62 MONTHLY $8,002.23 MONTHLY CONFIDENTIAL 10388 INFORMATION TECHNOLOGY TECHNICIAN I (FLEX) 430 $3,998.48 MONTHLY $4,859.14 MONTHLY CONFIDENTIAL 30638 LANDSCAPE & IRRIGATION INSPECTOR I (FLEX) 447 $4,439.85 MONTHLY $5,396.47 MONTHLY GENERAL 30639 LANDSCAPE & IRRIGATION INSPECTOR II 467 $4,905.79 MONTHLY $5,962.48 MONTHLY GENERAL 00308 LAW ENFORCEMENT TRAINEE NA $32.96 HOURLY $32.96 HOURLY NA 30113 LEAD ANIMAL CONTROL OFFICER 437 $4,223.56 MONTHLY $5,133.91 MONTHLY GENERAL 30080 LEAD BUILDING INSPECTOR 526 $6,583.37 MONTHLY $8,002.71 MONTHLY GENERAL 30463 LEAD CODE ENFORCEMENT OFFICER 498 $5,725.75 MONTHLY $6,960.00 MONTHLY GENERAL 30311 LEAD CUSTODIAN 397 $3,459.55 MONTHLY $4,205.27 MONTHLY GENERAL 30932 LEAD EQUIPMENT MECHANIC 470 $4,978.96 MONTHLY $6,052.87 MONTHLY GENERAL 20170 LEAD FORENSICS SPECIALIST 503 $5,864.91 MONTHLY $7,129.29 MONTHLY MIDDLE MANAGEMENT 30490 LEAD MAINTENANCE WORKER 452 $4,551.76 MONTHLY $5,533.13 MONTHLY GENERAL 30593 LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER 471 $5,004.78 MONTHLY $6,083.00 MONTHLY GENERAL 10319 LEGAL ADMINISTRATIVE ASSISTANT (U) 497 $5,583.74 MONTHLY $6,787.18 MONTHLY CONFIDENTIAL 30335 LIBRARIAN I (FLEX) 450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL 30366 LIBRARIAN II 479 $5,208.16 MONTHLY $6,330.50 MONTHLY GENERAL 30341 LIBRARY ASSISTANT 370 $3,023.75 MONTHLY $3,675.84 MONTHLY GENERAL 20388 LIBRARY CIRCULATION SUPERVISOR 460 $4,732.79 MONTHLY $5,753.10 MONTHLY MIDDLE MANAGEMENT 10401 LIBRARY DIRECTOR (U) 635 $11,114.73 MONTHLY $13,508.97 MONTHLY MANAGEMENT 20385 LIBRARY NETWORK ADMINISTRATOR 492 $5,552.05 MONTHLY $6,748.68 MONTHLY MIDDLE MANAGEMENT 30380 LIBRARY NETWORK TECHNICIAN 422 $3,919.03 MONTHLY $4,763.75 MONTHLY GENERAL 00361 LIBRARY PAGE (PT) 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 20387 LIBRARY PROGRAM COORDINATOR 450 $4,502.71 MONTHLY $5,473.56 MONTHLY MIDDLE MANAGEMENT 30391 LIBRARY TECHNICIAN I (FLEX) 380 $3,178.70 MONTHLY $3,864.15 MONTHLY GENERAL 30392 LIBRARY TECHNICIAN II 402 $3,546.71 MONTHLY $4,311.80 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 4 of 7
Packet Page. 632
ADOPTED 2/4/26
EFFECTIVE 7/1/22
CLASS
CODE CLASSIFICATION TITLE SALARY RANGENEW BOTTOM
STEP
BOTTOM
HOURLY/
MONTHLY
NEW TOP STEPTOP HOURLY/
MONTHLY UNIT
00133 LIFEGUARD (PT) 370 $2,810.00 MONTHLY $3,416.00 MONTHLY NA 30215 LITERACY PROGRAM COORDINATOR 470 $4,978.96 MONTHLY $6,052.87 MONTHLY GENERAL 20484 MAINTENANCE SUPERVISOR 522 $6,448.72 MONTHLY $7,837.81 MONTHLY MIDDLE MANAGEMENT 30486 MAINTENANCE WORKER I (FLEX) 393 $3,391.76 MONTHLY $4,122.41 MONTHLY GENERAL 30487 MAINTENANCE WORKER II 415 $3,784.53 MONTHLY $4,600.18 MONTHLY GENERAL 30488 MAINTENANCE WORKER III 425 $3,978.22 MONTHLY $4,835.84 MONTHLY GENERAL 10530 MANAGEMENT ANALYST I (FLEX) 476 $5,028.95 MONTHLY $6,113.21 MONTHLY MANAGEMENT 10531 MANAGEMENT ANALYST I (FLEX)(U) 476 $5,028.95 MONTHLY $6,113.21 MONTHLY MANAGEMENT 10532 MANAGEMENT ANALYST II 506 $5,841.09 MONTHLY $7,099.38 MONTHLY MANAGEMENT 10533 MANAGEMENT ANALYST II (U) 506 $5,841.09 MONTHLY $7,099.38 MONTHLY MANAGEMENT 10516 MARKETING & MEDIA SPECIALIST 476 $5,028.95 MONTHLY $6,113.21 MONTHLY CONFIDENTIAL 30515 MARKETING & PUBLIC RELATIONS SPECIALIST 461 $4,760.52 MONTHLY $5,787.09 MONTHLY GENERAL 00502 MAYOR NA $9,378.08 MONTHLY $9,378.08 MONTHLY NA
10503 MAYOR'S CHIEF OF STAFF (U) 580 $8,448.38 MONTHLY $10,268.84 MONTHLY MANAGEMENT 10190 NEIGHBORHOOD & CUSTOMER SERVICE MANAGER (U) 561 $7,683.70 MONTHLY $9,339.63 MONTHLY MANAGEMENT 10528 NETWORK SYSTEMS ADMINISTRATOR 566 $7,877.77 MONTHLY $9,575.88 MONTHLY CONFIDENTIAL 30425 NPDES INSPECTOR I (FLEX) 461 $4,760.52 MONTHLY $5,787.09 MONTHLY GENERAL 30426 NPDES INSPECTOR II 485 $5,366.34 MONTHLY $6,523.11 MONTHLY GENERAL 20555 NPDES MANAGER 525 $6,545.48 MONTHLY $7,956.07 MONTHLY MIDDLE MANAGEMENT 10868 OPERATIONS & MAINTENANCE DIVISION MANAGER (U) 591 $8,924.06 MONTHLY $10,847.89 MONTHLY MANAGEMENT 30581 PARKING ENFORCEMENT OFFICER 380 $3,178.70 MONTHLY $3,864.15 MONTHLY GENERAL 20603 PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR 534 $6,845.45 MONTHLY $8,321.62 MONTHLY MIDDLE MANAGEMENT 30611 PARKS MAINTENANCE WORKER I (FLEX) 390 $3,341.19 MONTHLY $4,061.07 MONTHLY GENERAL 30622 PARKS MAINTENANCE WORKER II 421 $3,899.66 MONTHLY $4,740.07 MONTHLY GENERAL 10064 PAYROLL SUPERVISOR 521 $6,294.62 MONTHLY $7,651.00 MONTHLY MANAGEMENT 10068 PAYROLL TECHNICIAN 430 $3,998.48 MONTHLY $4,859.14 MONTHLY CONFIDENTIAL 30691 PLANNING AIDE 456 $4,643.23 MONTHLY $5,643.97 MONTHLY GENERAL 10713 PLANNING DIVISION MANAGER (U) 594 $9,059.07 MONTHLY $11,011.37 MONTHLY MANAGEMENT 30680 PLANS EXAMINER I (FLEX) 499 $5,754.80 MONTHLY $6,994.43 MONTHLY GENERAL 30682 PLANS EXAMINER II 534 $6,851.31 MONTHLY $8,328.75 MONTHLY GENERAL 30481 PLUMBER 450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL 00192 POLICE CADET (PT) NA $15.00 HOURLY $17.00 HOURLY NA 50283 POLICE CAPTAIN P5 $17,351.00 MONTHLY $17,351.00 MONTHLY POLICE MANAGEMENT 20775 POLICE DISPATCH MANAGER 528 $6,644.39 MONTHLY $8,076.49 MONTHLY MIDDLE MANAGEMENT 20772 POLICE DISPATCH SUPERVISOR 498 $5,720.85 MONTHLY $6,954.04 MONTHLY MIDDLE MANAGEMENT 32767 POLICE DISPATCHER I (FLEX) 425 $4,025.63 MONTHLY $4,893.48 MONTHLY POLICE DISPATCHER 32768 POLICE DISPATCHER II 456 $4,698.57 MONTHLY $5,711.24 MONTHLY POLICE DISPATCHER 30848 POLICE FLEET MAINTENANCE EXPEDITOR 398 $3,476.77 MONTHLY $4,226.79 MONTHLY GENERAL 50402 POLICE LIEUTENANT P4 $14,743.00 MONTHLY $14,743.00 MONTHLY POLICE MANAGEMENT 40751 POLICE OFFICER P1 $7,334.59 MONTHLY $9,795.27 MONTHLY POLICE SAFETY 30218 POLICE PERSONNEL AND TRAINING TECHNICIAN 430 $4,079.37 MONTHLY $4,957.44 MONTHLY GENERAL 20765 POLICE RECORDS SUPERVISOR 464 $4,828.48 MONTHLY $5,869.22 MONTHLY MIDDLE MANAGEMENT 30219 POLICE RECORDS TECHNICIAN I (FLEX) 369 $3,008.68 MONTHLY $3,657.55 MONTHLY GENERAL 30220 POLICE RECORDS TECHNICIAN II 390 $3,341.19 MONTHLY $4,061.07 MONTHLY GENERAL 40332 POLICE SERGEANT P3 $9,638.12 MONTHLY $12,621.94 MONTHLY POLICE SAFETY 30585 POOL MAINTENANCE COORDINATOR 421 $3,899.66 MONTHLY $4,740.07 MONTHLY GENERAL 00331 POOL MANAGER I (PT) 421 $3,624.00 MONTHLY $4,405.00 MONTHLY NA 00333 POOL MANAGER II (PT) 443 $4,044.00 MONTHLY $4,916.00 MONTHLY NA 20019 PRINCIPAL ACCOUNTANT 550 $7,414.20 MONTHLY $9,012.94 MONTHLY MIDDLE MANAGEMENT 10182 PRINCIPAL CIVIL ENGINEER 600 $9,334.35 MONTHLY $11,345.72 MONTHLY MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 5 of 7
Packet Page. 633
ADOPTED 2/4/26
EFFECTIVE 7/1/22
CLASS
CODE CLASSIFICATION TITLE SALARY RANGENEW BOTTOM
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BOTTOM
HOURLY/
MONTHLY
NEW TOP STEPTOP HOURLY/
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10243 PRINCIPAL PLANNER 580 $8,448.38 MONTHLY $10,268.84 MONTHLY MANAGEMENT 20864 PROCUREMENT CONTRACT SPECIALIST 520 $6,384.21 MONTHLY $7,760.40 MONTHLY MIDDLE MANAGEMENT 00360 PROGRAMMING/TRAFFIC ASSISTANT 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 10132 PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U) 550 $7,273.41 MONTHLY $8,841.79 MONTHLY MANAGEMENT 10639 PROJECT MANAGER/COMMUNITY SERVICES 550 $7,273.41 MONTHLY $8,841.79 MONTHLY MANAGEMENT 20949 PROPERTY AND EVIDENCE SUPERVISOR 494 $5,607.96 MONTHLY $6,816.42 MONTHLY MIDDLE MANAGEMENT 30947 PROPERTY AND EVIDENCE TECHNICIAN I (FLEX) 411 $3,710.28 MONTHLY $4,509.79 MONTHLY GENERAL 30948 PROPERTY AND EVIDENCE TECHNICIAN II 472 $5,029.53 MONTHLY $6,113.13 MONTHLY GENERAL 10212 PUBLIC INFORMATION OFFICER (U) 593 $9,013.71 MONTHLY $10,956.52 MONTHLY MANAGEMENT 30580 PUBLIC WORKS INSPECTOR I (FLEX) 476 $5,130.68 MONTHLY $6,236.88 MONTHLY GENERAL 30583 PUBLIC WORKS INSPECTOR II 499 $5,754.80 MONTHLY $6,994.43 MONTHLY GENERAL 30584 PUBLIC WORKS INSPECTOR III 529 $6,683.45 MONTHLY $8,123.23 MONTHLY GENERAL 10900 PUBLIC WORKS SAFETY AND TRAINING OFFICER 510 $5,958.16 MONTHLY $7,242.82 MONTHLY MANAGEMENT 10863 PURCHASING DIVISION MANAGER (U) 598 $9,241.54 MONTHLY $11,232.86 MONTHLY MANAGEMENT 30770 RANGEMASTER 465 $4,856.29 MONTHLY $5,903.30 MONTHLY GENERAL 10440 REAL PROPERTY MANAGER 580 $8,448.38 MONTHLY $10,268.84 MONTHLY MANAGEMENT 10259 RECORDS MANAGEMENT SPECIALIST (U) 460 $4,642.92 MONTHLY $5,643.85 MONTHLY CONFIDENTIAL 00222 RECREATION AIDE (PT) 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 00244 RECREATION LEADER (PT) 363 $2,714.00 MONTHLY $3,299.00 MONTHLY NA 00230 RECREATION SPECIALIST (PT) 393 $3,152.00 MONTHLY $3,831.00 MONTHLY NA 00256 RECREATION SUPERVISOR (AQUATICS) (PT) 481 $4,888.00 MONTHLY $5,942.00 MONTHLY NA 30825 RECREATION THERAPIST 468 $4,929.46 MONTHLY $5,992.61 MONTHLY GENERAL 30115 REGISTERED VETERINARY TECHNICIAN 450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL 10690 RISK DIVISION MANAGER (U) 590 $8,879.76 MONTHLY $10,794.10 MONTHLY MANAGEMENT 10538 SAFETY OFFICER 530 $6,583.62 MONTHLY $8,002.23 MONTHLY CONFIDENTIAL 00266 SECURITY OFFICER I (PT) 371 $2,824.00 MONTHLY $3,433.00 HOURLY NA 00265 SECURITY OFFICER II (PT) 395 $3,183.00 HOURLY $3,869.00 HOURLY NA 30708 SENIOR ADMINISTRATIVE ASSISTANT 420 $3,880.30 MONTHLY $4,716.40 MONTHLY GENERAL 30229 SENIOR ANIMAL SERVICES REPRESENTATIVE 390 $3,341.19 MONTHLY $4,061.07 MONTHLY GENERAL 30410 SENIOR ARBORIST 502 $5,840.89 MONTHLY $7,099.89 MONTHLY GENERAL 10154 SENIOR CIVIL ENGINEER 581 $8,490.57 MONTHLY $10,319.47 MONTHLY MANAGEMENT 30228 SENIOR CUSTOMER SERVICE REPRESENTATIVE 435 $4,181.59 MONTHLY $5,083.34 MONTHLY GENERAL 30230 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) 445 $4,395.73 MONTHLY $5,342.67 MONTHLY GENERAL 30232 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)(U) 445 $4,395.73 MONTHLY $5,342.67 MONTHLY GENERAL 10222 SENIOR CUSTOMER SERVICE REPRESENTATIVE (U) 435 $4,098.68 MONTHLY $4,982.54 MONTHLY CONFIDENTIAL 10632 SENIOR GIS ANALYST 530 $6,583.62 MONTHLY $8,002.23 MONTHLY CONFIDENTIAL 10656 SENIOR HUMAN RESOURCES TECHNICIAN 461 $4,666.12 MONTHLY $5,672.33 MONTHLY CONFIDENTIAL 10689 SENIOR HUMAN RESOURCES/RISK ANALYST 559 $7,607.76 MONTHLY $9,246.81 MONTHLY CONFIDENTIAL 10622 SENIOR INFORMATION TECHNOLOGY ANALYST 553 $7,383.10 MONTHLY $8,974.69 MONTHLY CONFIDENTIAL 10385 SENIOR INFORMATION TECHNOLOGY TECHNICIAN 460 $4,642.92 MONTHLY $5,643.85 MONTHLY CONFIDENTIAL 00283 SENIOR LIFEGUARD (PT) 396 $3,199.00 MONTHLY $3,889.00 MONTHLY NA 10513 SENIOR MANAGEMENT ANALYST 556 $7,494.90 MONTHLY $9,109.69 MONTHLY MANAGEMENT 10514 SENIOR MANAGEMENT ANALYST (U) 556 $7,494.90 MONTHLY $9,109.69 MONTHLY MANAGEMENT 10529 SENIOR NETWORK SYSTEMS ADMINISTRATOR 592 $8,969.42 MONTHLY $10,901.68 MONTHLY CONFIDENTIAL 30710 SENIOR OFFICE ASSISTANT 375 $3,100.15 MONTHLY $3,768.38 MONTHLY GENERAL 10223 SENIOR OFFICE ASSISTANT (U) 375 $3,038.67 MONTHLY $3,693.66 MONTHLY CONFIDENTIAL 20243 SENIOR PLANNER 549 $7,377.64 MONTHLY $8,967.78 MONTHLY MIDDLE MANAGEMENT 00294 SENIOR RECREATION LEADER (PT) 372 $2,838.00 MONTHLY $3,450.00 MONTHLY NA 10300 SHELTER VETERINARIAN 594 $9,059.07 MONTHLY $11,011.37 MONTHLY MANAGEMENT 30978 SOLID WASTE FIELD INSPECTOR 450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 6 of 7
Packet Page. 634
ADOPTED 2/4/26
EFFECTIVE 7/1/22
CLASS
CODE CLASSIFICATION TITLE SALARY RANGENEW BOTTOM
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BOTTOM
HOURLY/
MONTHLY
NEW TOP STEPTOP HOURLY/
MONTHLY UNIT
20995 STATION MANAGER 490 $5,497.22 MONTHLY $6,682.02 MONTHLY MIDDLE MANAGEMENT 00019 STUDENT INTERN (PT) 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 20336 TECHNOLOGY LIBRARIAN 502 $5,835.89 MONTHLY $7,093.81 MONTHLY MIDDLE MANAGEMENT 10443 TRAFFIC ENGINEER 573 $8,158.33 MONTHLY $9,916.56 MONTHLY MANAGEMENT 20437 TRAFFIC ENGINEERING ASSOCIATE 532 $6,777.71 MONTHLY $8,238.83 MONTHLY MIDDLE MANAGEMENT 20438 TRAFFIC OPERATIONS AND SYSTEMS ANALYST 552 $7,489.46 MONTHLY $9,103.25 MONTHLY MIDDLE MANAGEMENT 20370 TRAFFIC SIGNAL AND LIGHTING SUPERVISOR 533 $6,812.12 MONTHLY $8,279.69 MONTHLY MIDDLE MANAGEMENT 30447 TRAFFIC SIGNAL TECHNICIAN I (FLEX) 450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL 30448 TRAFFIC SIGNAL TECHNICIAN II 484 $5,339.44 MONTHLY $6,489.76 MONTHLY GENERAL 30449 TRAFFIC SIGNAL TECHNICIAN III 513 $6,170.16 MONTHLY $7,500.18 MONTHLY GENERAL 30667 TREASURY ASSISTANT 399 $3,495.06 MONTHLY $4,247.23 MONTHLY GENERAL 10740 TREASURY MANAGER 598 $9,241.54 MONTHLY $11,232.86 MONTHLY MANAGEMENT 20666 TREASURY SUPERVISOR 502 $5,835.89 MONTHLY $7,093.81 MONTHLY MIDDLE MANAGEMENT 30620 VOLUNTEER COORDINATOR (GRANT FUNDED) 358 $2,848.35 MONTHLY $3,461.71 MONTHLY GENERAL 30000 WEED ABATEMENT COORDINATOR 462 $4,784.19 MONTHLY $5,816.14 MONTHLY GENERAL REVISION ADOPTED BY MCC 6/19/17
REVISION ADOPTED BY MCC 6/20/18
REVISION ADOPTED BY MCC 06/19/19
REVISION ADOPTED BY MCC 8/21/19
REVISION ADOPTED BY MCC 1/15/20
REVISION ADOPTED BY MCC 6/24/20
REVISION ADOPTED BY MCC 9/2/20
REVISION ADOPTED BY MCC 12/16/20
REVISION ADOPTED BY MCC 2/17/21
REVISION ADOPTED BY MCC 7/21/21
REVISION ADOPTED BY MCC 6/16/21
REVISION ADOPTED BY MCC 7/21/21
REVISION ADOPTED BY MCC 8/4/21
REVISION ADOPTED BY MCC 9/15/21
REVISION ADOPTED BY MCC 10/20/21
REVISION ADOPTED BY MCC 11/3/21
REVISION ADOPTED BY MCC 2/2/22
REVISION ADOPTED BY MCC 2/16/22
REVISION ADOPTED BY MCC 3/16/22
REVISION ADOPTED BY MCC 4/6/22
REVISION ADOPTED BY MCC 5/18/22
REVISION ADOPTED BY MCC 6/15/22
(U) DENOTES UNCLASSIFIED
* Part-time, seasonal, and temporary filled positions with a salary established in Resolution No. 2022- shall be paid the hourly equivalent of the salary listed in the 2022/2023 Salary Schedule and shall be provided only those benefits mandated by applicable Federal, State and/or local laws, rules or regulations.
SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 7 of 7
Packet Page. 635
Part-time Salary Schedule
Effective 1.1.2026
CLASS
CODE CLASSIFICATION TITLE FLSA STATUS UNIT SALARY
RANGE
BOTTOM
STEP (Step 1)
TOP
STEP
(Step 21)
Monthly/
Hourly
PART-TIME
00300 APPRENTICE (PT) NON-EXEMPT NA 381 $17.65 $21.44 Hourly 00194 BACKGROUND INVESTIGATOR (PT) NON-EXEMPT NA 493 $29.94 $36.39 Hourly 00605 CRIME DATA TECHNICIAN (PT) NON-EXEMPT NA 368 $17.03 $20.68 Hourly 00054 CUSTODIAL AIDE (PT) NON-EXEMPT NA 368 $17.03 $20.68 Hourly 00083 EXTRA RELIEF HEAVY LABORER (PT) NON-EXEMPT NA 368 $17.03 $20.68 Hourly 00259 FOOD SERVICE PROGRAM SPECIALIST (PT) NON-EXEMPT NA 368 $17.03 $20.68 Hourly 00308 LAW ENFORCEMENT TRAINEE NON-EXEMPT NA NA $34.77 $34.77 Hourly 00361 LIBRARY PAGE (PT) NON-EXEMPT NA 368 $17.03 $20.68 Hourly 00133 LIFEGUARD (PT) NON-EXEMPT NA 377 $16.96 $20.61 Hourly 00192 POLICE CADET (PT) NON-EXEMPT NA 368 $17.03 $20.68 Hourly 00520 POLICE CALL TAKER (PT) NON-EXEMPT NA 396 $19.85 $24.14 Hourly 00331 POOL MANAGER I (PT) NON-EXEMPT NA 421 $20.91 $25.41 Hourly 00333 POOL MANAGER II (PT) NON-EXEMPT NA 443 $23.33 $28.36 Hourly 00222 RECREATION AIDE (PT) NON-EXEMPT NA 368 $17.03 $20.68 Hourly 00244 RECREATION LEADER (PT) NON-EXEMPT NA 375 $17.98 $21.86 Hourly 00230 RECREATION SPECIALIST (PT) NON-EXEMPT NA 400 $18.83 $22.89 Hourly 00256 RECREATION SUPERVISOR (AQUATICS) (PT) NON-EXEMPT NA 481 $28.20 $34.28 Hourly 00266 SECURITY OFFICER I (PT) NON-EXEMPT NA 378 $17.04 $20.71 Hourly 00265 SECURITY OFFICER II (PT) NON-EXEMPT NA 402 $19.02 $23.12 Hourly 00283 SENIOR LIFEGUARD (PT) NON-EXEMPT NA 396 $18.46 $22.44 Hourly 00294 SENIOR RECREATION LEADER (PT) NON-EXEMPT NA 382 $18.62 $22.64 Hourly 00019 STUDENT INTERN (PT) NON-EXEMPT NA 368 $17.03 $20.68 Hourly 00301 VETERINARIAN - PER DIEM NON-EXEMPT NA NA $187.50 $187.50 Hourly #DENOTES CLASSIFICATION HAS AN EMPLOYMENT CONTRACT
(U) DENOTES UNCLASSIFIED
REVISION ADOPTED BY MCC 6/19/17 REVISION ADOPTED BY MCC 7/20/22 REVISION ADOPTED BY MCC 6/20/18 REVISION ADOPTED BY MCC 8/17/22 REVISION ADOPTED BY MCC 06/19/19 REVISION ADOPTED BY MCC 9/21/22 REVISION ADOPTED BY MCC 8/21/19 REVISION ADOPTED BY MCC 10/19/22 REVISION ADOPTED BY MCC 1/15/20 REVISION ADOPTED BY MCC 11/2/22 REVISION ADOPTED BY MCC 6/24/20 REVISION ADOPTED BY MCC 11/16/22 REVISION ADOPTED BY MCC 9/2/20 REVISION ADOPTED BY MCC 12/7/22 REVISION ADOPTED BY MCC 12/16/20 REVISION ADOPTED BY MCC 1/18/23 Part-time Salary Schedule
Version Date: 2.4.2026
1 Packet Page. 636
Part-time Salary Schedule
Effective 1.1.2026
REVISION ADOPTED BY MCC 2/17/21 REVISION ADOPTED BY MCC 6/21/23 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 8/16/23 REVISION ADOPTED BY MCC 6/16/21 REVISION ADOPTED BY MCC 10/4/23 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 10/18/23 REVISION ADOPTED BY MCC 8/4/21 REVISION ADOPTED BY MCC 12/6/23 REVISION ADOPTED BY MCC 9/15/21 REVISION ADOPTED BY MCC 3/6/24 REVISION ADOPTED BY MCC 10/20/21 REVISION ADOPTED BY MCC 4/17/24 REVISION ADOPTED BY MCC 11/3/21 REVISION ADOPTED BY MCC 6/26/24 REVISION ADOPTED BY MCC 2/2/22 REVISION ADOPTED BY MCC 1/15/25 REVISION ADOPTED BY MCC 2/16/22 REVISION ADOPTED BY MCC 2/19/25 REVISION ADOPTED BY MCC 3/16/22 REVISION ADOPTED BY MCC 4/2/25 REVISION ADOPTED BY MCC 4/6/22 REVISION ADOPTED BY MCC 6/18/25 REVISION ADOPTED BY MCC 5/18/22 REVISION ADOPTED BY MCC 7/15/25 REVISION ADOPTED BY MCC 6/15/22 REVISION ADOPTED BY MCC 08/06/2025 REVISION ADOPTED BY MCC 9/3/2025
REVISION ADOPTED BY MCC 01/21/2026
Part-time Salary Schedule
Version Date: 2.4.2026
2 Packet Page. 637
City of San Bernardino - Citywide Salary Schedule
Effective 1.5.2026
CLASS
CODE CLASSIFICATION TITLE FLSA STATUS UNIT SALARY
RANGE
BOTTOM
STEP (Step 1)
TOP
STEP
(Step 21)
Monthly/
Hourly
MANAGEMENT & CONFIDENTIAL
10012 ACCOUNTANT II - PAYROLL NON-EXEMPT CONFIDENTIAL 485 $5,828.52 $7,084.92 Monthly 10508 ADMINISTRATIVE ANALYST I FLEX (U) EXEMPT CONFIDENTIAL 496 $6,156.94 $7,483.46 Monthly 10510 ADMINISTRATIVE ANALYST II (U) EXEMPT CONFIDENTIAL 526 $7,150.37 $8,691.94 Monthly 10081 ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U) NON-EXEMPT CONFIDENTIAL 464 $5,248.83 $6,380.17 Monthly 10094 ADMINISTRATIVE ASSISTANT TO THE CITY MANAGER (U) EXEMPT CONFIDENTIAL 430 $4,430.71 $5,384.40 Monthly 10092 ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U) NON-EXEMPT CONFIDENTIAL 410 $4,009.96 $4,873.66 Monthly 10093 ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U) NON-EXEMPT CONFIDENTIAL 430 $4,430.71 $5,384.40 Monthly 10534 ADMINISTRATIVE CLAIMS SPECIALIST NON-EXEMPT CONFIDENTIAL 420 $4,214.49 $5,122.60 Monthly 10042 AUDITOR I EXEMPT CONFIDENTIAL 515 $6,769.36 $8,227.95 Monthly 10043 AUDITOR II EXEMPT CONFIDENTIAL 537 $7,553.59 $9,181.65 Monthly 10135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR NON-EXEMPT CONFIDENTIAL 482 $5,742.04 $6,979.74 Monthly 10072 COUNCIL ADMINISTRATIVE SUPERVISOR (U) EXEMPT CONFIDENTIAL 506 $6,472.50 $7,866.81 Monthly 10650 DEPUTY CITY CLERK I (U) EXEMPT CONFIDENTIAL 490 $5,975.78 $7,263.74 Monthly 10120 ECONOMIC DEVELOPMENT SPECIALIST EXEMPT CONFIDENTIAL 500 $6,280.83 $7,634.23 Monthly 10707 EXECUTIVE ASSISTANT (U) NON-EXEMPT CONFIDENTIAL 430 $4,430.71 $5,384.40 Monthly 10982 EXECUTIVE ASSISTANT TO DIRECTOR (U) EXEMPT CONFIDENTIAL 464 $5,248.83 $6,380.17 Monthly 10978 EXECUTIVE ASSISTANT TO MAYOR (U) EXEMPT CONFIDENTIAL 502 $6,343.94 $7,711.37 Monthly 10976 EXECUTIVE ASSISTANT TO THE CITY MANAGER (U) EXEMPT CONFIDENTIAL 502 $6,343.94 $7,711.37 Monthly 10624 GIS ADMINISTRATOR EXEMPT CONFIDENTIAL 580 $9,361.63 $11,378.89 Monthly 10623 GIS ANALYST EXEMPT CONFIDENTIAL 483 $5,770.09 $7,013.63 Monthly 10778 GRANT WRITER NON-EXEMPT CONFIDENTIAL 506 $6,472.50 $7,866.81 Monthly 10683 HUMAN RESOURCES ANALYST I EXEMPT CONFIDENTIAL 500 $6,280.83 $7,634.23 Monthly 10684 HUMAN RESOURCES ANALYST II EXEMPT CONFIDENTIAL 518 $6,871.04 $8,351.84 Monthly 10682 HUMAN RESOURCES ANALYST TRAINEE NON-EXEMPT CONFIDENTIAL 476 $5,572.57 $6,774.04 Monthly 10673 HUMAN RESOURCES GENERALIST NON-EXEMPT CONFIDENTIAL 490 $5,975.78 $7,263.74 Monthly 10627 INFORMATION TECHNOLOGY ANALYST I (FLEX) EXEMPT CONFIDENTIAL 498 $6,218.88 $7,559.43 Monthly 10626 INFORMATION TECHNOLOGY ANALYST II EXEMPT CONFIDENTIAL 520 $6,940.00 $8,435.99 Monthly 10388 INFORMATION TECHNOLOGY TECHNICIAN I (FLEX) NON-EXEMPT CONFIDENTIAL 430 $4,430.71 $5,384.40 Monthly 10389 INFORMATION TECHNOLOGY TECHNICIAN II NON-EXEMPT CONFIDENTIAL 460 $5,144.81 $6,253.95 Monthly 10319 LEGAL ADMINISTRATIVE ASSISTANT (U) NON-EXEMPT CONFIDENTIAL 497 $6,187.33 $7,520.86 Monthly 10516 MARKETING & MEDIA SPECIALIST EXEMPT CONFIDENTIAL 476 $5,572.57 $6,774.04 Monthly 10528 NETWORK SYSTEMS ADMINISTRATOR EXEMPT CONFIDENTIAL 566 $8,729.34 $10,611.02 Monthly 10122 OMBUDSPERSON EXEMPT CONFIDENTIAL 518 $6,871.04 $8,351.84 Monthly 10068 PAYROLL TECHNICIAN EXEMPT CONFIDENTIAL 430 $4,430.71 $5,384.40 Monthly 10259 RECORDS MANAGEMENT SPECIALIST (U) NON-EXEMPT CONFIDENTIAL 460 $5,144.81 $6,253.95 Monthly 10538 SAFETY OFFICER EXEMPT CONFIDENTIAL 530 $7,295.30 $8,867.26 Monthly 10511 SENIOR ADMINISTRATIVE ANALYST (U) NON-EXEMPT CONFIDENTIAL 576 $9,175.80 $11,153.32 Monthly 10222 SENIOR CUSTOMER SERVICE REPRESENTATIVE (U) NON-EXEMPT CONFIDENTIAL 435 $4,541.74 $5,521.14 Monthly 10632 SENIOR GIS ANALYST EXEMPT CONFIDENTIAL 530 $7,295.30 $8,867.26 Monthly City of San Bernardino - Citywide Salary Schedule
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City of San Bernardino - Citywide Salary Schedule
Effective 1.5.2026
10656 SENIOR HUMAN RESOURCES TECHNICIAN NON-EXEMPT CONFIDENTIAL 461 $5,170.52 $6,285.50 Monthly 10622 SENIOR INFORMATION TECHNOLOGY ANALYST EXEMPT CONFIDENTIAL 553 $8,181.20 $9,944.84 Monthly 10385 SENIOR INFORMATION TECHNOLOGY TECHNICIAN NON-EXEMPT CONFIDENTIAL 488 $5,916.18 $7,191.28 Monthly 10529 SENIOR NETWORK SYSTEMS ADMINISTRATOR EXEMPT CONFIDENTIAL 592 $9,938.99 $12,080.13 Monthly 10223 SENIOR OFFICE ASSISTANT (U) NON-EXEMPT CONFIDENTIAL 375 $3,367.15 $4,092.94 Monthly 10689 SUPERVISING HUMAN RESOURCES ANALYST EXEMPT CONFIDENTIAL 559 $8,430.15 $10,246.37 Monthly 10860 ACCOUNTING DIVISION MANAGER (U) EXEMPT MANAGEMENT 608 $10,764.13 $13,084.08 Monthly 10979 ADMINISTRATIVE SUPERVISOR & EXECUTIVE ASSISTANT TO THE CITY MANAGER (U) EXEMPT MANAGEMENT 535 $7,478.79 $9,090.49 Monthly 10492 ASSISTANT BUILDING OFFICIAL EXEMPT MANAGEMENT 583 $9,501.88 $11,549.52 Monthly 10216 ASSISTANT TO THE CITY MANAGER (U) EXEMPT MANAGEMENT 580 $9,361.63 $11,378.89 Monthly 10104 ASSISTANT TO THE MAYOR I (U) NON-EXEMPT MANAGEMENT 430 $4,430.71 $5,384.40 Monthly 10105 ASSISTANT TO THE MAYOR II (U) NON-EXEMPT MANAGEMENT 480 $5,684.77 $6,909.61 Monthly 10106 ASSISTANT TO THE MAYOR III (U) NON-EXEMPT MANAGEMENT 530 $7,295.30 $8,867.26 Monthly 10107 ASSISTANT TO THE MAYOR IV (U) NON-EXEMPT MANAGEMENT 580 $9,361.63 $11,378.89 Monthly 10060 BUDGET DIVISION MANAGER (U) EXEMPT MANAGEMENT 608 $10,764.13 $13,084.08 Monthly 10062 BUDGET OFFICER EXEMPT MANAGEMENT 581 $9,408.38 $11,434.99 Monthly 10500 BUILDING OFFICIAL (U) EXEMPT MANAGEMENT 613 $11,036.44 $13,413.67 Monthly 10870 CAPITAL IMPROVEMENT PROJECT MANAGER EXEMPT MANAGEMENT 591 $9,888.74 $12,020.53 Monthly 10398 CHIEF DEPUTY CITY CLERK (U) EXEMPT MANAGEMENT 565 $8,686.10 $10,558.43 Monthly 10801 CITY PLANNER (U) EXEMPT MANAGEMENT 629 $11,952.74 $14,528.65 Monthly 10495 CIVIL ENGINEERING DIVISION MANAGER (U) EXEMPT MANAGEMENT 620 $11,427.97 $13,890.52 Monthly 10273 CODE ENFORCEMENT DIVISION MANAGER (U) EXEMPT MANAGEMENT 563 $8,599.61 $10,453.24 Monthly 10100 COMMUNITY INTERVENTION PROGRAM MANAGER (U) EXEMPT MANAGEMENT 600 $10,343.38 $12,572.17 Monthly 10654 DEPUTY CITY CLERK II (U) EXEMPT MANAGEMENT 530 $7,295.30 $8,867.26 Monthly 10675 DEPUTY DIRECTOR OF ANIMAL SERVICES (U) EXEMPT MANAGEMENT 619 $11,370.70 $13,821.56 Monthly 10124 DEPUTY DIRECTOR OF ECONOMIC DEVELOPMENT (U) EXEMPT MANAGEMENT 629 $11,952.74 $14,528.65 Monthly 10066 DEPUTY DIRECTOR OF FINANCE & MANAGEMENT SERVICES (U) EXEMPT MANAGEMENT 629 $11,952.74 $14,528.65 Monthly 10720 DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U) EXEMPT MANAGEMENT 629 $11,952.74 $14,528.65 Monthly 10610 DEPUTY DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT (U) EXEMPT MANAGEMENT 629 $11,952.74 $14,528.65 Monthly 10638 DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U) EXEMPT MANAGEMENT 629 $11,952.74 $14,528.65 Monthly 10830 DEPUTY DIRECTOR OF OPERATIONS (U) EXEMPT MANAGEMENT 629 $11,952.74 $14,528.65 Monthly 10732 DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U) EXEMPT MANAGEMENT 629 $11,952.74 $14,528.65 Monthly 10803 DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U) EXEMPT MANAGEMENT 678 $15,261.45 $18,550.30 Monthly 10802 DEPUTY DIRECTOR/CITY PLANNER (U) EXEMPT MANAGEMENT 662 $14,091.54 $17,127.93 Monthly 10400 DEPUTY LIBRARY DIRECTOR (U) EXEMPT MANAGEMENT 575 $9,130.22 $11,098.39 Monthly 10140 DIVERSITY, EQUITY & INCLUSION OFFICER (U) EXEMPT MANAGEMENT 590 $9,839.65 $11,960.92 Monthly 10125 ECONOMIC DEVELOPMENT DIVISION MANAGER (U) EXEMPT MANAGEMENT 600 $10,343.38 $12,572.17 Monthly 10119 ECONOMIC DEVELOPMENT MANAGER (U) EXEMPT MANAGEMENT 560 $8,472.22 $10,297.80 Monthly 10127 ECONOMIC DEVELOPMENT PROJECT MANAGER EXEMPT MANAGEMENT 560 $8,472.22 $10,297.80 Monthly 10367 EMERGENCY OPERATIONS MANAGER EXEMPT MANAGEMENT 565 $8,686.10 $10,558.43 Monthly 10180 ENGINEERING PROJECT MANAGER EXEMPT MANAGEMENT 590 $9,839.65 $11,960.92 Monthly 10200 ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER EXEMPT MANAGEMENT 532 $7,367.76 $8,956.08 Monthly 10951 EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U) NON-EXEMPT MANAGEMENT 550 $8,059.65 $9,797.58 Monthly 10939 FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U) EXEMPT MANAGEMENT 591 $9,888.74 $12,020.53 Monthly 10512 FINANCIAL ANALYST EXEMPT MANAGEMENT 532 $7,367.76 $8,956.08 Monthly City of San Bernardino - Citywide Salary Schedule
Version Date: 2.4.2026
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City of San Bernardino - Citywide Salary Schedule
Effective 1.5.2026
10730 GRANT DIVISION MANAGER (U) EXEMPT MANAGEMENT 601 $10,394.80 $12,635.28 Monthly 10698 HOMELESS OUTREACH COORDINATOR EXEMPT MANAGEMENT 532 $7,367.76 $8,956.08 Monthly 10700 HOMELESS SERVICES COORDINATOR EXEMPT MANAGEMENT 556 $8,305.09 $10,094.44 Monthly 10699 HOMELESS SOLUTIONS MANAGER (U) EXEMPT MANAGEMENT 601 $10,394.80 $12,635.28 Monthly 10121 HOUSING COMPLIANCE SPECIALIST EXEMPT MANAGEMENT 500 $6,280.83 $7,634.23 Monthly 10129 HOUSING DIVISION MANAGER (U) EXEMPT MANAGEMENT 601 $10,394.80 $12,635.28 Monthly 10672 HUMAN RESOURCES DIVISION MANAGER (U) EXEMPT MANAGEMENT 590 $9,839.65 $11,960.92 Monthly 10637 INFORMATION TECHNOLOGY MANAGER EXEMPT MANAGEMENT 599 $10,291.95 $12,509.06 Monthly 10159 LAND DEVELOPMENT ENGINEER EXEMPT MANAGEMENT 590 $9,839.65 $11,960.92 Monthly 10233 LEGISLATIVE & GOVERNMENTAL AFFAIRS MANAGER (U) EXEMPT MANAGEMENT 593 $9,988.08 $12,140.91 Monthly 10401 LIBRARY DIRECTOR (U) EXEMPT MANAGEMENT 635 $11,957.50 $14,533.27 Monthly 10530 MANAGEMENT ANALYST I (FLEX) EXEMPT MANAGEMENT 476 $5,572.57 $6,774.04 Monthly 10531 MANAGEMENT ANALYST I (FLEX)(U) EXEMPT MANAGEMENT 476 $5,572.57 $6,774.04 Monthly 10533 MANAGEMENT ANALYST II (U) EXEMPT MANAGEMENT 506 $6,472.50 $7,866.81 Monthly 10532 MANAGEMENT ANALYST II EXEMPT MANAGEMENT 506 $6,472.50 $7,866.81 Monthly 10503 MAYOR'S CHIEF OF STAFF (U) NON-EXEMPT MANAGEMENT 580 $9,361.63 $11,378.89 Monthly 10190 NEIGHBORHOOD & CUSTOMER SERVICE MANAGER (U) EXEMPT MANAGEMENT 561 $8,514.30 $10,349.22 Monthly 10868 OPERATIONS & MAINTENANCE DIVISION MANAGER (U) EXEMPT MANAGEMENT 591 $9,888.74 $12,020.53 Monthly 10064 PAYROLL SUPERVISOR EXEMPT MANAGEMENT 521 $6,975.06 $8,478.06 Monthly 10713 PLANNING DIVISION MANAGER (U) EXEMPT MANAGEMENT 594 $10,038.34 $12,201.68 Monthly 10765 POLICE DISPATCH MANAGER EXEMPT MANAGEMENT 574 $9,084.64 $11,043.46 Monthly 10761 POLICE RECORDS MANAGER EXEMPT MANAGEMENT 574 $9,084.64 $11,043.46 Monthly 10509 PRINCIPAL ADMINISTRATIVE ANALYST (U) NON-EXEMPT MANAGEMENT 598 $10,240.53 $12,447.12 Monthly 10182 PRINCIPAL CIVIL ENGINEER EXEMPT MANAGEMENT 600 $10,343.38 $12,572.17 Monthly 10243 PRINCIPAL PLANNER EXEMPT MANAGEMENT 613 $11,036.44 $13,413.67 Monthly 10132 PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U) EXEMPT MANAGEMENT 550 $8,059.65 $9,797.58 Monthly 10212 PUBLIC INFORMATION OFFICER (U) EXEMPT MANAGEMENT 593 $9,988.08 $12,140.91 Monthly 10900 PUBLIC WORKS SAFETY AND TRAINING OFFICER EXEMPT MANAGEMENT 510 $6,602.23 $8,025.76 Monthly 10863 PURCHASING DIVISION MANAGER (U) EXEMPT MANAGEMENT 598 $10,240.53 $12,447.12 Monthly 10440 REAL PROPERTY MANAGER EXEMPT MANAGEMENT 580 $9,361.63 $11,378.89 Monthly 10690 RISK DIVISION MANAGER (U) EXEMPT MANAGEMENT 590 $9,839.65 $11,960.92 Monthly 10154 SENIOR CIVIL ENGINEER EXEMPT MANAGEMENT 581 $9,408.38 $11,434.99 Monthly 10118 SENIOR ECONOMIC DEVELOPMENT MANAGER EXEMPT MANAGEMENT 600 $10,343.38 $12,572.17 Monthly 10514 SENIOR MANAGEMENT ANALYST (U) EXEMPT MANAGEMENT 556 $8,305.09 $10,094.44 Monthly 10513 SENIOR MANAGEMENT ANALYST EXEMPT MANAGEMENT 556 $8,305.09 $10,094.44 Monthly 10300 SHELTER VETERINARIAN EXEMPT MANAGEMENT 678 $15,261.45 $18,550.30 Monthly 10443 TRAFFIC ENGINEER EXEMPT MANAGEMENT 573 $9,040.23 $10,988.53 Monthly 10740 TREASURY MANAGER EXEMPT MANAGEMENT 598 $10,240.53 $12,447.12 Monthly
EXECUTIVE/CONTRACTED/ELECTED
09644 ASSISTANT CITY MANAGER (U) EXEMPT EXECUTIVE 705 $17,462.20 $21,223.21 Monthly 09280 CHIEF OF POLICE (U) # EXEMPT EXECUTIVE NA $34,211.63 $34,211.63 Monthly 09372 DEPUTY CITY MANAGER (U) EXEMPT EXECUTIVE 700 $17,032.10 $20,701.95 Monthly 09685 DIRECTOR OF ANIMAL SERVICES (U) EXEMPT EXECUTIVE 660 $13,951.30 $16,957.29 Monthly 09526 DIRECTOR OF COMMUNITY DEVELOPMENT AND HOUSING (U) EXEMPT EXECUTIVE 662 $14,091.54 $17,127.93 Monthly 09527 DIRECTOR OF ECONOMIC DEVELOPMENT (U) EXEMPT EXECUTIVE 662 $14,091.54 $17,127.93 Monthly City of San Bernardino - Citywide Salary Schedule
Version Date: 2.4.2026
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City of San Bernardino - Citywide Salary Schedule
Effective 1.5.2026
09701 DIRECTOR OF FINANCE & MANAGEMENT SERVICES (U) EXEMPT EXECUTIVE 692 $16,365.91 $19,892.02 Monthly 09665 DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT (U) EXEMPT EXECUTIVE 660 $13,951.30 $16,957.29 Monthly 09625 DIRECTOR OF INFORMATION TECHNOLOGY (U) EXEMPT EXECUTIVE 660 $13,951.30 $16,957.29 Monthly 09731 DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U) EXEMPT EXECUTIVE 662 $14,091.55 $17,127.94 Monthly 09753 DIRECTOR OF PUBLIC WORKS, OPERATIONS AND MAINTENANCE (U) EXEMPT EXECUTIVE 692 $16,365.91 $19,892.02 Monthly 09399 CITY CLERK (U) # EXEMPT NA N/A $13,684.99 $13,684.99 Monthly 00601 CITY COUNCIL EXEMPT NA NA $3,394.91 $3,394.91 Monthly 09370 CITY MANAGER (U) # EXEMPT NA NA $28,582.50 $28,582.50 Monthly 00502 MAYOR EXEMPT NA NA $4,166.67 $4,166.67 Monthly
GENERAL
30011 ACCOUNTANT I (FLEX) NON-EXEMPT GENERAL 465 $5,383.88 $6,544.64 Monthly 30012 ACCOUNTANT II NON-EXEMPT GENERAL 485 $5,949.35 $7,231.79 Monthly 30017 ACCOUNTING TECHNICIAN I (FLEX) NON-EXEMPT GENERAL 399 $3,874.77 $4,708.66 Monthly 30018 ACCOUNTING TECHNICIAN II NON-EXEMPT GENERAL 419 $4,280.38 $5,202.55 Monthly 30030 ACCOUNTING TECHNICIAN III EXEMPT GENERAL 437 $4,682.41 $5,691.66 Monthly 30709 ADMINISTRATIVE ASSISTANT NON-EXEMPT GENERAL 400 $3,893.86 $4,732.52 Monthly 30140 ANIMAL CONTROL OFFICER I (FLEX) NON-EXEMPT GENERAL 411 $4,113.36 $4,999.74 Monthly 30141 ANIMAL CONTROL OFFICER II NON-EXEMPT GENERAL 424 $4,388.94 $5,334.97 Monthly 30092 ANIMAL LICENSE INSPECTOR NON-EXEMPT GENERAL 370 $3,352.25 $4,075.19 Monthly 30130 ANIMAL SERVICES REPRESENTATIVE NON-EXEMPT GENERAL 370 $3,352.25 $4,075.19 Monthly 30119 ANIMAL SHELTER ATTENDANT NON-EXEMPT GENERAL 370 $3,352.25 $4,075.19 Monthly 30400 ARBORIST NON-EXEMPT GENERAL 452 $5,046.27 $6,134.26 Monthly 30894 ASSESSMENT DISTRICT/REAL PROP SPECIALIST NON-EXEMPT GENERAL 500 $6,411.03 $7,792.49 Monthly 30271 ASSISTANT BUYER NON-EXEMPT GENERAL 430 $4,522.55 $5,496.02 Monthly 30312 ASSISTANT LITERACY PROGRAM COORDINATOR NON-EXEMPT GENERAL 365 $3,269.93 $3,974.98 Monthly 30168 ASSISTANT PLANNER (FLEX) NON-EXEMPT GENERAL 502 $6,475.45 $7,871.22 Monthly 30072 BUILDING INSPECTOR I (FLEX) NON-EXEMPT GENERAL 460 $5,251.46 $6,383.59 Monthly 30073 BUILDING INSPECTOR II NON-EXEMPT GENERAL 487 $6,008.99 $7,303.37 Monthly 30074 BUILDING INSPECTOR III NON-EXEMPT GENERAL 511 $6,772.50 $8,232.69 Monthly 30502 BUSINESS REGISTRATION INSPECTOR NON-EXEMPT GENERAL 459 $5,225.21 $6,351.38 Monthly 30650 BUSINESS REGISTRATION REPRESENTATIVE I NON-EXEMPT GENERAL 419 $4,280.38 $5,202.55 Monthly 30651 BUSINESS REGISTRATION REPRESENTATIVE II NON-EXEMPT GENERAL 429 $4,499.89 $5,468.58 Monthly 30292 CEMETERY CARETAKER NON-EXEMPT GENERAL 395 $3,797.23 $4,615.60 Monthly 30450 CODE ENFORCEMENT OFFICER I (FLEX) NON-EXEMPT GENERAL 441 $4,776.66 $5,806.19 Monthly 30455 CODE ENFORCEMENT OFFICER II NON-EXEMPT GENERAL 472 $5,575.95 $6,777.27 Monthly 30135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT NON-EXEMPT GENERAL 420 $4,301.85 $5,228.79 Monthly 30890 COMMUNITY DEVELOPMENT TECHNICIAN NON-EXEMPT GENERAL 446 $4,897.15 $5,952.92 Monthly 30120 COMMUNITY INTERVENTION PROGRAM COORDINATOR NON-EXEMPT GENERAL 438 $4,706.27 $5,720.29 Monthly 30754 COMMUNITY POLICING SPECIALIST NON-EXEMPT GENERAL 470 $5,519.88 $6,710.46 Monthly 30821 COMMUNITY RECREATION PROGRAM COORDINATOR NON-EXEMPT GENERAL 388 $3,667.19 $4,458.13 Monthly 30990 COMMUNITY SERVICES PROGRAM COORDINATOR NON-EXEMPT GENERAL 438 $4,706.27 $5,720.29 Monthly 30621 CUSTODIAN NON-EXEMPT GENERAL 368 $3,318.84 $4,034.63 Monthly 30222 CUSTOMER SERVICE REPRESENTATIVE NON-EXEMPT GENERAL 386 $3,631.40 $4,413.99 Monthly 30226 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) NON-EXEMPT GENERAL 396 $3,816.31 $4,639.46 Monthly City of San Bernardino - Citywide Salary Schedule
Version Date: 2.4.2026
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City of San Bernardino - Citywide Salary Schedule
Effective 1.5.2026
30227 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U) NON-EXEMPT GENERAL 396 $3,816.31 $4,639.46 Monthly 30224 CUSTOMER SERVICE REPRESENTATIVE (U) NON-EXEMPT GENERAL 386 $3,631.40 $4,413.99 Monthly 30100 DATA ANALYST NON-EXEMPT GENERAL 444 $4,849.43 $5,894.47 Monthly 30831 ELECTRICIAN I (FLEX) NON-EXEMPT GENERAL 445 $4,873.29 $5,923.10 Monthly 30841 ELECTRICIAN II NON-EXEMPT GENERAL 465 $5,383.88 $6,544.64 Monthly 30432 ENGINEERING ASSISTANT I (FLEX) NON-EXEMPT GENERAL 450 $4,996.16 $6,073.41 Monthly 30434 ENGINEERING ASSISTANT II NON-EXEMPT GENERAL 475 $5,659.45 $6,879.86 Monthly 30436 ENGINEERING ASSISTANT III NON-EXEMPT GENERAL 511 $6,772.50 $8,232.69 Monthly 30445 ENGINEERING TECHNICIAN NON-EXEMPT GENERAL 446 $4,897.15 $5,952.92 Monthly 30420 ENVIRONMENTAL PROGRAMS COORDINATOR NON-EXEMPT GENERAL 464 $5,357.63 $6,512.43 Monthly 30921 EQUIPMENT MECHANIC I (FLEX) NON-EXEMPT GENERAL 431 $4,544.03 $5,523.45 Monthly 30902 EQUIPMENT MECHANIC II NON-EXEMPT GENERAL 450 $4,996.16 $6,073.41 Monthly 30943 EQUIPMENT SERVICE WORKER NON-EXEMPT GENERAL 408 $4,052.52 $4,925.78 Monthly 30707 EXECUTIVE ASSISTANT NON-EXEMPT GENERAL 430 $4,522.55 $5,496.02 Monthly 30623 FACILITIES MAINTENANCE MECHANIC NON-EXEMPT GENERAL 420 $4,301.85 $5,228.79 Monthly 30506 FLEET PARTS STOREKEEPER NON-EXEMPT GENERAL 398 $3,854.49 $4,685.99 Monthly 30944 FLEET PARTS TECHNICIAN NON-EXEMPT GENERAL 438 $4,706.27 $5,720.29 Monthly 30133 GRANTS ANALYST NON-EXEMPT GENERAL 476 $5,688.08 $6,914.46 Monthly 30136 GRANTS ASSISTANT NON-EXEMPT GENERAL 390 $3,704.17 $4,502.27 Monthly 30098 GROUNDWORKER ARBORIST NON-EXEMPT GENERAL 392 $3,741.16 $4,547.60 Monthly 30516 HAZMAT TECHNICIAN NON-EXEMPT GENERAL 452 $5,046.27 $6,134.26 Monthly 30698 HOMELESS OUTREACH SPECIALIST NON-EXEMPT GENERAL 464 $5,357.63 $6,512.43 Monthly 30699 HOMELESS SERVICES ASSISTANT NON-EXEMPT GENERAL 420 $4,301.85 $5,228.79 Monthly 30207 HUMAN RESOURCES TECHNICIAN NON-EXEMPT GENERAL 418 $4,258.91 $5,177.49 Monthly 30101 HVAC MECHANIC NON-EXEMPT GENERAL 460 $5,251.46 $6,383.59 Monthly 30638 LANDSCAPE & IRRIGATION INSPECTOR I (FLEX) NON-EXEMPT GENERAL 447 $4,922.20 $5,982.75 Monthly 30639 LANDSCAPE & IRRIGATION INSPECTOR II NON-EXEMPT GENERAL 467 $5,438.75 $6,610.25 Monthly 30113 LEAD ANIMAL CONTROL OFFICER NON-EXEMPT GENERAL 437 $4,682.41 $5,691.66 Monthly 30080 LEAD BUILDING INSPECTOR NON-EXEMPT GENERAL 526 $7,298.60 $8,872.12 Monthly 30463 LEAD CODE ENFORCEMENT OFFICER NON-EXEMPT GENERAL 498 $6,347.80 $7,716.14 Monthly 30311 LEAD CUSTODIAN NON-EXEMPT GENERAL 397 $3,835.40 $4,662.13 Monthly 30932 LEAD EQUIPMENT MECHANIC NON-EXEMPT GENERAL 470 $5,519.88 $6,710.46 Monthly 30490 LEAD MAINTENANCE WORKER NON-EXEMPT GENERAL 452 $5,046.27 $6,134.26 Monthly 30593 LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER NON-EXEMPT GENERAL 471 $5,548.51 $6,743.86 Monthly 30335 LIBRARIAN I (FLEX) NON-EXEMPT GENERAL 450 $4,996.16 $6,073.41 Monthly 30366 LIBRARIAN II NON-EXEMPT GENERAL 479 $5,773.98 $7,018.25 Monthly 30341 LIBRARY ASSISTANT NON-EXEMPT GENERAL 370 $3,352.25 $4,075.19 Monthly 30380 LIBRARY NETWORK TECHNICIAN NON-EXEMPT GENERAL 422 $4,344.80 $5,281.28 Monthly 30391 LIBRARY TECHNICIAN I (FLEX) NON-EXEMPT GENERAL 380 $3,524.04 $4,283.96 Monthly 30392 LIBRARY TECHNICIAN II NON-EXEMPT GENERAL 402 $3,932.03 $4,780.23 Monthly 30215 LITERACY PROGRAM COORDINATOR NON-EXEMPT GENERAL 470 $5,519.88 $6,710.46 Monthly 30486 MAINTENANCE WORKER I (FLEX) NON-EXEMPT GENERAL 393 $3,760.24 $4,570.27 Monthly 30487 MAINTENANCE WORKER II NON-EXEMPT GENERAL 415 $4,195.68 $5,099.95 Monthly 30488 MAINTENANCE WORKER III NON-EXEMPT GENERAL 425 $4,410.41 $5,361.21 Monthly 30425 NPDES INSPECTOR I (FLEX) NON-EXEMPT GENERAL 461 $5,277.70 $6,415.80 Monthly City of San Bernardino - Citywide Salary Schedule
Version Date: 2.4.2026
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City of San Bernardino - Citywide Salary Schedule
Effective 1.5.2026
30426 NPDES INSPECTOR II NON-EXEMPT GENERAL 485 $5,949.35 $7,231.79 Monthly 30611 PARKS MAINTENANCE WORKER I (FLEX) NON-EXEMPT GENERAL 390 $3,704.17 $4,502.27 Monthly 30622 PARKS MAINTENANCE WORKER II NON-EXEMPT GENERAL 421 $4,323.33 $5,255.04 Monthly 30691 PLANNING AIDE NON-EXEMPT GENERAL 456 $5,147.67 $6,257.13 Monthly 30680 PLANS EXAMINER I (FLEX) NON-EXEMPT GENERAL 499 $6,380.01 $7,754.31 Monthly 30682 PLANS EXAMINER II NON-EXEMPT GENERAL 534 $7,595.65 $9,233.59 Monthly 30481 PLUMBER NON-EXEMPT GENERAL 450 $4,996.16 $6,073.41 Monthly 30585 POOL MAINTENANCE COORDINATOR NON-EXEMPT GENERAL 421 $4,323.33 $5,255.04 Monthly 10360 PROGRAMMING/TRAFFIC ASSISTANT NON-EXEMPT GENERAL 400 $3,893.86 $4,732.52 Monthly 30580 PUBLIC WORKS INSPECTOR I (FLEX) NON-EXEMPT GENERAL 476 $5,688.08 $6,914.46 Monthly 30583 PUBLIC WORKS INSPECTOR II NON-EXEMPT GENERAL 499 $6,380.01 $7,754.31 Monthly 30584 PUBLIC WORKS INSPECTOR III NON-EXEMPT GENERAL 529 $7,409.54 $9,005.74 Monthly 30825 RECREATION THERAPIST NON-EXEMPT GENERAL 468 $5,465.00 $6,643.65 Monthly 30115 REGISTERED VETERINARY TECHNICIAN NON-EXEMPT GENERAL 450 $4,996.16 $6,073.41 Monthly 30708 SENIOR ADMINISTRATIVE ASSISTANT NON-EXEMPT GENERAL 420 $4,301.85 $5,228.79 Monthly 30229 SENIOR ANIMAL SERVICES REPRESENTATIVE NON-EXEMPT GENERAL 390 $3,704.17 $4,502.27 Monthly 30410 SENIOR ARBORIST NON-EXEMPT GENERAL 502 $6,475.45 $7,871.22 Monthly 30228 SENIOR CUSTOMER SERVICE REPRESENTATIVE NON-EXEMPT GENERAL 435 $4,635.88 $5,635.59 Monthly 30230 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) NON-EXEMPT GENERAL 445 $4,873.29 $5,923.10 Monthly 30232 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)(U) NON-EXEMPT GENERAL 445 $4,873.29 $5,923.10 Monthly 30710 SENIOR OFFICE ASSISTANT NON-EXEMPT GENERAL 375 $3,436.95 $4,177.78 Monthly 30978 SOLID WASTE FIELD INSPECTOR NON-EXEMPT GENERAL 450 $4,996.16 $6,073.41 Monthly 30447 TRAFFIC SIGNAL TECHNICIAN I (FLEX) NON-EXEMPT GENERAL 450 $4,996.16 $6,073.41 Monthly 30448 TRAFFIC SIGNAL TECHNICIAN II NON-EXEMPT GENERAL 484 $5,919.52 $7,194.81 Monthly 30449 TRAFFIC SIGNAL TECHNICIAN III NON-EXEMPT GENERAL 513 $6,840.49 $8,315.01 Monthly 30667 TREASURY ASSISTANT NON-EXEMPT GENERAL 399 $3,874.77 $4,708.66 Monthly 30125 VETERINARY ASSISTANT NON-EXEMPT GENERAL 400 $3,893.86 $4,732.52 Monthly 30620 VOLUNTEER COORDINATOR NON-EXEMPT GENERAL 358 $3,157.79 $3,837.79 Monthly 30000 WEED ABATEMENT COORDINATOR NON-EXEMPT GENERAL 462 $5,303.95 $6,448.01 Monthly
MIDDLE MANAGEMENT
20013 ACCOUNTANT III EXEMPT MIDDLE MANAGEMENT 520 $7,115.72 $8,649.59 Monthly 20457 ADMINISTRATIVE SERVICES SUPERVISOR EXEMPT MIDDLE MANAGEMENT 484 $5,946.15 $7,227.17 Monthly 20320 ANIMAL SERVICES MANAGER EXEMPT MIDDLE MANAGEMENT 526 $7,331.42 $8,912.03 Monthly 20319 ANIMAL SERVICES SUPERVISOR EXEMPT MIDDLE MANAGEMENT 478 $5,771.19 $7,015.06 Monthly 20620 AQUATICS SUPERVISOR NON-EXEMPT MIDDLE MANAGEMENT 468 $5,489.58 $6,673.54 Monthly 20169 ASSOCIATE PLANNER EXEMPT MIDDLE MANAGEMENT 530 $7,480.02 $9,091.78 Monthly 20250 BUILDING INSPECTION SUPERVISOR NON-EXEMPT MIDDLE MANAGEMENT 542 $7,941.38 $9,652.60 Monthly 20263 BUSINESS REGISTRATION MANAGER EXEMPT MIDDLE MANAGEMENT 530 $7,480.02 $9,091.78 Monthly 20271 BUYER NON-EXEMPT MIDDLE MANAGEMENT 460 $5,275.08 $6,412.30 Monthly 20923 COMMUNITY RECREATION MANAGER EXEMPT MIDDLE MANAGEMENT 556 $8,515.38 $10,350.03 Monthly 20925 COMMUNITY RECREATION PROGRAM SUPERVISOR EXEMPT MIDDLE MANAGEMENT 488 $6,065.98 $7,373.36 Monthly 20504 COMMUNITY SERVICES CENTER SUPERVISOR EXEMPT MIDDLE MANAGEMENT 458 $5,223.55 $6,348.79 Monthly 20781 COMMUNITY SERVICES OFFICER SUPERVISOR NON-EXEMPT MIDDLE MANAGEMENT 480 $5,828.71 $7,084.57 Monthly 20424 CONSTRUCTION MANAGER NON-EXEMPT MIDDLE MANAGEMENT 585 $9,840.74 $11,960.60 Monthly City of San Bernardino - Citywide Salary Schedule
Version Date: 2.4.2026
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City of San Bernardino - Citywide Salary Schedule
Effective 1.5.2026
20600 CRIME FREE PROGRAM COORDINATOR EXEMPT MIDDLE MANAGEMENT 490 $6,127.09 $7,447.66 Monthly 20616 CUSTODIAL SUPERVISOR EXEMPT MIDDLE MANAGEMENT 477 $5,742.43 $6,979.11 Monthly 20200 DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST NON-EXEMPT MIDDLE MANAGEMENT 560 $8,686.74 $10,558.54 Monthly 20441 ENGINEERING ASSOCIATE NON-EXEMPT MIDDLE MANAGEMENT 532 $7,554.31 $9,182.85 Monthly 20444 ENVIRONMENTAL PROJECT MANAGER NON-EXEMPT MIDDLE MANAGEMENT 560 $8,686.74 $10,558.54 Monthly 20024 EQUIPMENT MAINTENANCE MANAGER EXEMPT MIDDLE MANAGEMENT 551 $8,305.67 $10,095.99 Monthly 20025 EQUIPMENT MAINTENANCE SUPERVISOR EXEMPT MIDDLE MANAGEMENT 523 $7,223.57 $8,780.21 Monthly 20092 FACILITIES MAINTENANCE SUPERVISOR NON-EXEMPT MIDDLE MANAGEMENT 515 $6,940.77 $8,436.29 Monthly 20060 FOOD SERVICE SUPERVISOR EXEMPT MIDDLE MANAGEMENT 478 $5,771.19 $7,015.06 Monthly 20160 FORENSICS SUPERVISOR NON-EXEMPT MIDDLE MANAGEMENT 543 $7,980.92 $9,700.53 Monthly 20490 FORESTRY SUPERVISOR NON-EXEMPT MIDDLE MANAGEMENT 542 $7,941.38 $9,652.60 Monthly 20100 GRANTS MANAGER (U) EXEMPT MIDDLE MANAGEMENT 506 $6,636.39 $8,066.00 Monthly 20170 LEAD FORENSICS SPECIALIST NON-EXEMPT MIDDLE MANAGEMENT 516 $6,975.52 $8,478.23 Monthly 20388 LIBRARY CIRCULATION SUPERVISOR EXEMPT MIDDLE MANAGEMENT 460 $5,275.08 $6,412.30 Monthly 20385 LIBRARY NETWORK ADMINISTRATOR EXEMPT MIDDLE MANAGEMENT 492 $6,188.21 $7,521.96 Monthly 20387 LIBRARY PROGRAM COORDINATOR EXEMPT MIDDLE MANAGEMENT 450 $5,018.63 $6,100.73 Monthly 20484 MAINTENANCE SUPERVISOR NON-EXEMPT MIDDLE MANAGEMENT 522 $7,187.62 $8,735.87 Monthly 20555 NPDES MANAGER NON-EXEMPT MIDDLE MANAGEMENT 525 $7,295.47 $8,867.69 Monthly 20178 PARK RANGER SUPERVISOR NON-EXEMPT MIDDLE MANAGEMENT 480 $5,828.71 $7,084.57 Monthly 20603 PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR NON-EXEMPT MIDDLE MANAGEMENT 534 $7,629.81 $9,275.12 Monthly 20400 PERMIT SERVICES SUPERVISOR NON-EXEMPT MIDDLE MANAGEMENT 494 $6,250.52 $7,597.45 Monthly 20772 POLICE DISPATCH SUPERVISOR NON-EXEMPT MIDDLE MANAGEMENT 514 $6,906.01 $8,394.35 Monthly 20765 POLICE RECORDS SUPERVISOR NON-EXEMPT MIDDLE MANAGEMENT 464 $5,381.73 $6,541.72 Monthly 20019 PRINCIPAL ACCOUNTANT EXEMPT MIDDLE MANAGEMENT 550 $8,263.73 $10,045.66 Monthly 20864 PROCUREMENT CONTRACT SPECIALIST EXEMPT MIDDLE MANAGEMENT 520 $7,115.72 $8,649.59 Monthly 20949 PROPERTY AND EVIDENCE SUPERVISOR EXEMPT MIDDLE MANAGEMENT 494 $6,250.52 $7,597.45 Monthly 20243 SENIOR PLANNER * EXEMPT MIDDLE MANAGEMENT 567 $8,995.91 $10,933.62 Monthly 20995 STATION MANAGER EXEMPT MIDDLE MANAGEMENT 490 $6,127.09 $7,447.66 Monthly 20336 TECHNOLOGY LIBRARIAN EXEMPT MIDDLE MANAGEMENT 502 $6,504.57 $7,906.62 Monthly 20437 TRAFFIC ENGINEERING ASSOCIATE EXEMPT MIDDLE MANAGEMENT 532 $7,554.31 $9,182.85 Monthly 20438 TRAFFIC OPERATIONS AND SYSTEMS ANALYST EXEMPT MIDDLE MANAGEMENT 552 $8,347.61 $10,146.32 Monthly 20370 TRAFFIC SIGNAL AND LIGHTING SUPERVISOR NON-EXEMPT MIDDLE MANAGEMENT 533 $7,592.66 $9,228.39 Monthly
PART-TIME
00300 APPRENTICE (PT) NON-EXEMPT NA 381 $17.65 $21.44 Hourly 00194 BACKGROUND INVESTIGATOR (PT) NON-EXEMPT NA 493 $29.94 $36.39 Hourly 00605 CRIME DATA TECHNICIAN (PT) NON-EXEMPT NA 368 $17.03 $20.68 Hourly 00054 CUSTODIAL AIDE (PT) NON-EXEMPT NA 368 $17.03 $20.68 Hourly 00083 EXTRA RELIEF HEAVY LABORER (PT) NON-EXEMPT NA 368 $17.03 $20.68 Hourly 00259 FOOD SERVICE PROGRAM SPECIALIST (PT) NON-EXEMPT NA 368 $17.03 $20.68 Hourly 00308 LAW ENFORCEMENT TRAINEE NON-EXEMPT NA NA $34.77 $34.77 Hourly 00361 LIBRARY PAGE (PT) NON-EXEMPT NA 368 $17.03 $20.68 Hourly 00133 LIFEGUARD (PT) NON-EXEMPT NA 377 $16.96 $20.61 Hourly 00192 POLICE CADET (PT) NON-EXEMPT NA 368 $17.03 $20.68 Hourly 00520 POLICE CALL TAKER (PT) NON-EXEMPT NA 396 $19.85 $24.14 Hourly City of San Bernardino - Citywide Salary Schedule
Version Date: 2.4.2026
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City of San Bernardino - Citywide Salary Schedule
Effective 1.5.2026
00331 POOL MANAGER I (PT) NON-EXEMPT NA 421 $20.91 $25.41 Hourly 00333 POOL MANAGER II (PT) NON-EXEMPT NA 443 $23.33 $28.36 Hourly 00222 RECREATION AIDE (PT) NON-EXEMPT NA 368 $17.03 $20.68 Hourly 00244 RECREATION LEADER (PT) NON-EXEMPT NA 375 $17.98 $21.86 Hourly 00230 RECREATION SPECIALIST (PT) NON-EXEMPT NA 400 $18.83 $22.89 Hourly 00256 RECREATION SUPERVISOR (AQUATICS) (PT) NON-EXEMPT NA 481 $28.20 $34.28 Hourly 00266 SECURITY OFFICER I (PT) NON-EXEMPT NA 378 $17.04 $20.71 Hourly 00265 SECURITY OFFICER II (PT) NON-EXEMPT NA 402 $19.02 $23.12 Hourly 00283 SENIOR LIFEGUARD (PT) NON-EXEMPT NA 396 $18.46 $22.44 Hourly 00294 SENIOR RECREATION LEADER (PT) NON-EXEMPT NA 382 $18.62 $22.64 Hourly 00019 STUDENT INTERN (PT) NON-EXEMPT NA 368 $17.03 $20.68 Hourly 00301 VETERINARIAN - PER DIEM NON-EXEMPT NA NA $187.50 $187.50 Hourly
POLCE MANAGEMENT
50141 ASSISTANT CHIEF OF POLICE EXEMPT POLICE MANAGEMENT P6 $25,879.15 $25,879.15 Monthly 50283 POLICE CAPTAIN (U) EXEMPT POLICE MANAGEMENT P5 $21,138.74 $21,138.74 Monthly 50402 POLICE LIEUTENANT EXEMPT POLICE MANAGEMENT P4 $17,961.41 $17,961.41 Monthly
POLCE SAFETY
40466 DETECTIVE/CORPORAL NON-EXEMPT POLICE SAFETY P2 $9,456.11 $12,401.26 Monthly 40751 POLICE OFFICER NON-EXEMPT POLICE SAFETY P1 $8,143.38 $10,875.40 Monthly 40332 POLICE SERGEANT NON-EXEMPT POLICE SAFETY P3 $10,700.93 $14,013.77 Monthly
POLICE CIVILIAN
33017 ACCOUNTING TECHNICIAN I (FLEX) - POLICE NON-EXEMPT POLICE CIVILIAN 399 $3,887.99 $4,724.72 Monthly 33018 ACCOUNTING TECHNICIAN II - POLICE NON-EXEMPT POLICE CIVILIAN 419 $4,294.99 $5,220.30 Monthly 33709 ADMINISTRATIVE ASSISTANT - POLICE NON-EXEMPT POLICE CIVILIAN 400 $3,907.15 $4,748.66 Monthly 33758 COMMUNITY SERVICES OFFICER NON-EXEMPT POLICE CIVILIAN 427 $4,469.76 $5,433.37 Monthly 33603 CRIME ANALYST NON-EXEMPT POLICE CIVILIAN 493 $6,212.65 $7,550.94 Monthly 33602 CRIMINAL INVESTIGATION OFFICER NON-EXEMPT POLICE CIVILIAN 493 $6,212.65 $7,550.94 Monthly 33707 EXECUTIVE ASSISTANT - POLICE NON-EXEMPT POLICE CIVILIAN 430 $4,537.99 $5,514.77 Monthly 33165 FORENSICS SPECIALIST I (FLEX) NON-EXEMPT POLICE CIVILIAN 448 $4,964.14 $5,975.65 Monthly 33166 FORENSICS SPECIALIST II NON-EXEMPT POLICE CIVILIAN 478 $5,764.96 $7,007.49 Monthly 33515 MARKETING & PUBLIC RELATIONS SPECIALIST NON-EXEMPT POLICE CIVILIAN 461 $5,295.71 $6,437.70 Monthly 30178 PARK RANGER NON-EXEMPT POLICE CIVILIAN 397 $3,848.49 $4,678.05 Monthly 33581 PARKING ENFORCEMENT OFFICER NON-EXEMPT POLICE CIVILIAN 380 $3,536.06 $4,298.58 Monthly 33848 POLICE FLEET MAINTENANCE EXPEDITOR NON-EXEMPT POLICE CIVILIAN 398 $3,867.64 $4,701.98 Monthly 33218 POLICE PERSONNEL AND TRAINING TECHNICIAN NON-EXEMPT POLICE CIVILIAN 457 $5,191.58 $6,310.81 Monthly 33219 POLICE RECORDS TECHNICIAN I (FLEX) NON-EXEMPT POLICE CIVILIAN 369 $3,346.93 $4,068.75 Monthly 33220 POLICE RECORDS TECHNICIAN II NON-EXEMPT POLICE CIVILIAN 390 $3,716.81 $4,517.65 Monthly 33947 PROPERTY AND EVIDENCE TECHNICIAN I (FLEX) NON-EXEMPT POLICE CIVILIAN 411 $4,127.41 $5,016.81 Monthly 33948 PROPERTY AND EVIDENCE TECHNICIAN II NON-EXEMPT POLICE CIVILIAN 472 $5,594.98 $6,800.40 Monthly 33770 RANGEMASTER NON-EXEMPT POLICE CIVILIAN 465 $5,402.26 $6,566.98 Monthly 33710 SENIOR OFFICE ASSISTANT - POLICE NON-EXEMPT POLICE CIVILIAN 375 $3,448.67 $4,192.05 Monthly
POLICE DISPATCH
32767 POLICE DISPATCHER I (FLEX) NON-EXEMPT POLICE DISPATCH 433 $4,822.33 $5,861.92 Monthly 32768 POLICE DISPATCHER II NON-EXEMPT POLICE DISPATCH 464 $5,628.44 $6,841.52 Monthly City of San Bernardino - Citywide Salary Schedule
Version Date: 2.4.2026
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City of San Bernardino - Citywide Salary Schedule
Effective 1.5.2026
#DENOTES CLASSIFICATION HAS AN EMPLOYMENT CONTRACT
(U) DENOTES UNCLASSIFIED
City Clerk contract and pay effective 10.13.25
REVISION ADOPTED BY MCC 6/19/17 REVISION ADOPTED BY MCC 7/20/22 REVISION ADOPTED BY MCC 6/20/18 REVISION ADOPTED BY MCC 8/17/22 REVISION ADOPTED BY MCC 06/19/19 REVISION ADOPTED BY MCC 9/21/22 REVISION ADOPTED BY MCC 8/21/19 REVISION ADOPTED BY MCC 10/19/22 REVISION ADOPTED BY MCC 1/15/20 REVISION ADOPTED BY MCC 11/2/22 REVISION ADOPTED BY MCC 6/24/20 REVISION ADOPTED BY MCC 11/16/22 REVISION ADOPTED BY MCC 9/2/20 REVISION ADOPTED BY MCC 12/7/22 REVISION ADOPTED BY MCC 12/16/20 REVISION ADOPTED BY MCC 1/18/23 REVISION ADOPTED BY MCC 2/17/21 REVISION ADOPTED BY MCC 6/21/23 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 8/16/23 REVISION ADOPTED BY MCC 6/16/21 REVISION ADOPTED BY MCC 10/4/23 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 10/18/23 REVISION ADOPTED BY MCC 8/4/21 REVISION ADOPTED BY MCC 12/6/23 REVISION ADOPTED BY MCC 9/15/21 REVISION ADOPTED BY MCC 3/6/24 REVISION ADOPTED BY MCC 10/20/21 REVISION ADOPTED BY MCC 4/17/24 REVISION ADOPTED BY MCC 11/3/21 REVISION ADOPTED BY MCC 6/26/24 REVISION ADOPTED BY MCC 2/2/22 REVISION ADOPTED BY MCC 1/15/25 REVISION ADOPTED BY MCC 2/16/22 REVISION ADOPTED BY MCC 2/19/25 REVISION ADOPTED BY MCC 3/16/22 REVISION ADOPTED BY MCC 4/2/25 REVISION ADOPTED BY MCC 4/6/22 REVISION ADOPTED BY MCC 6/18/25 REVISION ADOPTED BY MCC 5/18/22 REVISION ADOPTED BY MCC 7/15/25 REVISION ADOPTED BY MCC 6/15/22 REVISION ADOPTED BY MCC 08/06/2025 REVISION ADOPTED BY MCC 9/3/2025
REVISION ADOPTED BY MCC 12/17/2025
REVISION ADOPTED BY MCC 01/21/2026
City of San Bernardino - Citywide Salary Schedule
Version Date: 2.4.2026
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 4, 2026
To: Honorable Mayor and City Council Members
From: Rolland Kornblau, Director of Information Technology Department: Information Technology
Subject: Authorize Frontier Communications to Relocate Public, Education, and Government (PEG) Access Line
Infrastructure from 300 North D Street to 201 North E Street and Execute a 60-Month Frontier Service Agreement in an amount not to exceed $76,534.20 (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Authorize Frontier Communications to perform the necessary infrastructure work within the public right-of-way to relocate the dedicated PEG Access Line from 300 North D Street to the facility at 201 North D Street.
2. Authorize the City Manager or Designee to execute an Agreement with Frontier Communications of America, Inc., for a 60-month term beginning February 06, 2026, and ending February 03, 2031, in a total contract amount not to exceed $76,534.20.
3. Authorize the Director of Finance and Management Services to execute a purchase order with Frontier Communications of America, Inc. to facilitate payment for these services.
City Manager's Comments
The City Manager recommends approval.
Executive Summary
The City is currently transitioning its PEG channel operations from the former location at 300 North D Street to a new facility at 201 North E Street. To ensure the uninterrupted delivery of television services to Frontier subscribers, the dedicated access line that carries PEG programming must be physically relocated. This move
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necessitates that the City enter into a new 60-month Frontier Service Agreement to facilitate the installation and maintenance of a 2 Gbps Dedicated Internet Access (DIA) circuit.
Background
PEG Channels are non-commercial television channels reserved for community use on cable systems. Their creation is authorized by the Federal Communications Commission (FCC) and is a condition of a local government's franchise agreement with a cable provider. In California, this authority was transferred to the state in 2008 through the Digital Infrastructure and Video Competition Act (DIVCA). These channels provide transparent communication to residents, including live and recorded broadcasts of City Council meetings, planning commission hearings, emergency alerts, and essential government information.
Discussion
The relocation involves Frontier physically rerouting or extending the access line from the former facility at 300 North D Street to the facility located at 201 North E Street.
This infrastructure is essential for the continuous transmission of the City’s broadcast signals to Frontier’s subscribers. Because the physical path of the fiber optic cable must be modified to reach the new facility, Frontier requires a renewed service agreement to document the new primary service location and technical specifications.
The transition to a 2 Gbps DIA circuit provides a technical standard that supports high- definition broadcasts. Unlike shared internet connections, a DIA circuit provides a symmetrical and private link that is not subject to local network congestion. The provision of five static IP addresses further facilitates secure management of the broadcast equipment at the new facility.
Frontier will perform the necessary work to move and install the lines at the new location at no additional cost to the City. The Non-Recurring Charge (NRC) for the relocation and setup is established at $0.00. The total estimated monthly expenditure is approximately $1,154.23. The table below illustrates the compounded impact of the 5% annual increases on the base rate and the projected total tax-inclusive expenditure over a five-year period.
Period Est .Monthly
Rate Annual Total
Year 1 (Initial Term) $1,154.23 $13,850.76
Year 2 (Projected Renewal) $1,211.94 $14,543.28
Year 3 (Projected Renewal) $1,272.54 $15,270.48
Year 4 (Projected Renewal) $1,336.17 $16,034.04
Year 5 (Projected Renewal) $1,402.97 $16,835.64
5-year cumulative total $76,534.20
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2021-2025 Strategic Targets and Goals
The execution of the Frontier Service Agreement aligns with Goal No. 2: Focused, Aligned Leadership and Unified Community - Develop and implement community engagement. Maintaining the PEG channels is a primary tool for community engagement. It allows the city to broadcast Council meetings and emergency information, directly supporting the goal of a unified and informed community.
Fiscal Impact
Funds for the first year of this service agreement, totaling $13,850.76, are appropriated in the Information Technologies budget, Network Division. Based on the 5% annual escalation clause, the projected five-year total is $76,534.20. There is no impact on the General Fund.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Authorize Frontier Communications to perform the necessary infrastructure work within the public right-of-way to relocate the dedicated PEG Access Line from 300 North D Street to the facility at 201 North D Street.
2. Authorize the City Manager or Designee to execute an Agreement with Frontier Communications of America, Inc., for a 60-month term beginning February 06, 2026, and ending February 03, 2031, in a total contract amount not to exceed $76,534.20.
3. Authorize the Director of Finance and Management Services to execute a purchase order with Frontier Communications of America, Inc. to facilitate payment for these services.
Attachments
Attachment 1 Frontier Services Agreement
Attachment 2 Dedicated Internet Access (DIA) Schedule
Ward:
All Wards
Synopsis of Previous Council Actions:
N/A
CC: Eric Levitt, City Manager
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Frontier Services Agreement
Terms and Conditions
Frontier Confidential
Ver. 04252022_082023 Page 1 of 2
This Frontier Services Agreement
(“FSA”) is effective as of
02/04/2026
(“Effective Date”), by and between Frontier Communications of America, Inc. on behalf of itself and its affiliates which provide Equipment and Services identified in the Schedules (“ Frontier
”), and
CITY OF
SAN BERNARDINO
, whose primary address is
201 North E Street Suite 201B, San Bernardino, California, 92401
(
“Customer”)
.
This
document
incorpora
tes the
complete
Frontier Services Agreement
terms and c
onditions
at
http://www.Frontier.com/FSA
as an integral part of the agreement (collectively, the “FSA”).
Provision of
Services
and Equipment
Frontier will provide
and the Customer agre
es to pay for the
communications, installation and maintenance
s
ervices
(collectively
“Service”
)
,
and/or
purchase or
lease
e
quipment
(“
Equipment
”)
,
described
in
this
FSA
and
Schedules
issued by Frontier
and
executed by
Customer
.
Customer
acknowledges
that
certain
Services
may be
governed by tariff
or price schedule filed with the Federal Communications Commission
and/
or
the s
tate public utilities commission
.
I
n the event of any inconsistencies between this
FSA
and
an applicable tariff,
the
tariff
shall control
except with respect
to pricing,
early
termination charges or cancellation charges for which this FSA
shall control
.
Term
The term of this FSA will commence as of the date identified in the introductory paragraph above or the date the FSA is execu ted by both
Parties, whichever is later (the “Effective Date”)
and
will
continue
through the Service
Term
with respect to any Service
or Equipment
provided pursuant to this
FSA
.
Customer
will
purchase the Services
, or lease Equipment,
identified in each Schedule for the period of time
stated in the Schedule (the
“Service
Term
”
).
If neither party provides the other with written notice of its intent to terminate a Service at least sixty (60) days prior to expiration, the Service Term of each Service will
automatically renew for additional one
-
year periods, subject
to the terms and conditions of this
FSA
at the then current rate plus five percent (5%) of such rate , excluding promotional rates
.
If the
parties agree to negotiated renewal terms, such terms will not be effective unless and until documented in writing and
executed by both
parties.
Payment
Customer shall pay all charges set forth in the Schedules and in applicable tariffs during the Service
Term
.
Frontier will invoice Customer
any non
-
recurring charges (“NRC”
),
monthly recurring charges (“MRC”)
,
and usage based charges
.
In addition to the applicable charges set forth in the tariffs and Schedules, Customer shall pay all applicable
federal, state or local sales, use,
privilege, gross receipts, utility
, value added,
excise or other taxes (
excluding
taxes based on
Frontier’s
net income), or any charges in lieu
thereof, and any applicable surcharges or fees,
whether government mandated or Frontier initiated
in the amounts
applicable at the time
of billing. Customer shall also be responsible for third party charges and penalties incurred as a result of Customer’s use of the Services
or Equipment
.
Cancellation and Early Termination Charges
If Customer cancels any Service
or Equipment
prior to
delivery of any E
quipment or
installation
of the Service
or Equipment
, Customer
shall
pay a cancellation charge
equal to
the NRC and
one
(1)
month of
MRC
for the Service, plus the total costs and expen
ditures
of Frontier
in
connection with establishing
the Service prior to Frontier’s receipt of notice of cancellation, including but not limited to any
E
quipment
restocking fees
.
Following installation, Customer may terminate a Service or Equipment
by providing at least thirty (30) days prior written notice to Frontier.
All unpaid amounts shall be due upon termination of any Service identified in a Schedule for any reason.
In addition,
and
unless otherwise
specifically provided in the applicable Schedule, if any Service
or Equipment
is terminated by Customer for any reason
other than
breach
by Frontier
or by Frontier
due to Customer’s
breach
,
then Customer shall pay Frontier a termination charge equal to the applicable MRC and all related taxes and su
rcharges multiplied by the number of months remaining in the Service Term.
Partial months shall be prorated.
Customer agrees
that Frontier’s damages in the event of early termination will be difficult or impossible to ascertain
, and that t
he charges
identified in this
FSA
are intended
to establish liquidated damages in the event of termination an d are not intended as a penalty.
Dispute
R
esolution
Except as otherwise specifically provided in or permitted by this FSA
, all disputes
arising in connection with this
FSA
shall first be resolved
through good faith negotiation. If, after negotiating in good faith for a period of ninety (90) calendar days, or any agreed further period, the
parties are unable to resolve the dispute, then
each party
may seek resolution by exercising any rights or remedies available at law or in equity.
Customer and Frontier agree that
each
may
only
bring claims against the other in an individual capacity and not as a plaintiff or class member
in any purported class, representative, or private attorney general proceeding.
Packet Page. 650
Frontier Services Agreement
Terms and Conditions
Frontier Confidential
Ver. 04252022_082023
Authorization and
Entire Agreement
Each party represents that the person executing this FSA is authorized to enter into this FSA on its behalf. This FSA, the te rms and
conditions
, including the Limitation of liability, warranty, indemnification, breach and other terms and conditions, at
http://www.Frontier.com/FSA
, and any Schedules executed by the parties constitute the entire agreement between the parties pertaining to the subject matter herein and supersedes all prior oral and written proposals, correspondence and memoranda with respect t hereto.
This FSA may not
be modified, amended or supplemented except by written agreement signed by an authorized representative of each party
.
Frontier Communications of America, Inc.
CITY OF SAN BERNARDINO
,
Signature:
Signature:
Printed Name:
Printed Name:
Title:
Title:
Date:
Date:
Contractual
Notice:
Frontier Communications
111 Field Street
Rochester, NY 14620
Attn: Legal Department
Contractual
Notice:
CITY OF SAN BERNARDINO
201 North E Street Suite 201B
San Bernardino
,
California
92401
Attn:
Legal Department
Packet Page. 651
D
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Schedule
Frontier Confidential
v. 04252022_112024 v. 9 Page 1 of 5
This is Schedule Number S-5550210050 to the Frontier Services Agreement dated (“FSA”) by and between CITY OF SAN BERNARDINO (“Customer”) and Frontier Communications of America, Inc. on behalf of itself and its affiliates (“Frontier”). Customer orders and Frontier agrees to provide the Services and Equipment identified in the Schedule below.
Primary Service Location: 201 N E St Ste 201B San Bernardino, California Schedule Date:
2/4/2026
Schedule Type/Purpose: Order for New Services Service Term:
60 Month(s)
Services Provided
Service Address Service Description Partnered Quantity
Charges
Total
NRC
Total
MRC
201 N E St Ste 201B,San
Bernardino,California,92401-1520
DIA (Dedicated Internet Access)/2
Gbps/Silver
No
1 $0.00 $1,100.00
201 N E St Ste 201B,San
Bernardino,California,92401-1520
IP//29 = 5 IPs No
1 $0.00 $0.00
Subtotal:
$0.00 $1100.00
1. Service Description.
a. Dedicated Internet Access (“DIA”). DIA is an internet connection, delivered via Ethernet from Customer Service Location to the Frontier IP network then to the public Internet which provides reliable, dedicated and scalable bandwidth. Physical termination shall conform to applicable rules and regulations with respect to Minimum Point of Entry (MPoE) and demarcation point. If Customer requests extensions beyond the MP oE, such extension(s) shall be subject to Frontier’s cabling service policies and Frontier’s charges related thereto per separate Frontier Cabling Service and Fee Schedule.
b. Partnered and/or Type II service is a delivery method where a Frontier third -party Service provider is used to deliver the local access to Customer (“Partner Provider”) .
c. Overhead. Ethernet technology, which is what the Frontier Dedicated Internet circuits utilize, requires packets to have headers, a checksum, interframe gaps and preambles. Those components ensure that the data packets get sent to the right place and end u p in the right order and each use a small amount of bytes, commonly known as “overhead.” Overhead is the gap between the subscribed bandwidt h speed and usable bandwidth speed. Additionally, actual data transmission or throughput may be lower than the connection spe ed due to internet congestion, server or router speeds, protocol overheads, and other factors which cannot be controlled by Frontier.
2. Pre-installation cancellation fees, FOC Notice , Partnered Access Costs and Special Construction. a. Pre-installation cancellation fees. Cancellation relating to newly identified costs and expenses: If Customer cancels any Service or Equipment prior to delivery of any Equipment or installation of the Service or Equipment due to Customer’s determination that Customer is not able or willing to incur the costs and expenses of Frontier identified Customer required pre -installation requirements (other than previously identified NRC or CIAC set forth in this Schedule), then notwithstanding any provision of the FSA, Customer shall not be required t o pay the FSA Section 4(a) cancellation charge.
b. Cancellation after FOC Notice. Frontier will provide Customer with notice (the “FOC Notice”) of the project completion date (the “FOC Date”) as soon as possible in light of the requested services and customer’s location. If Customer cancels more than ten (10) busine ss days after the issuance of the FOC Notice, then, notwithstanding any provision of the FSA, Customer shall pay a processing fee of Seven Hundr ed Fifty Dollars ($750.00) and the total costs and expenditures of Frontier in connection with est ablishing the Service and / or providing the Equipment prior to Frontier’s receipt of notice of cancellation including but not limited to any construction and engineering costs and Equipmen t restocking fees. c. Partnered Access costs. Notwithstanding any provision to the contrary in the FSA or this Service Schedule, if Customer cancels any Service or Equipment prior to delivery of any Equipment or installation of the Service or Equipment for any reason, then Customer shall reimburse Frontier for any costs and/or expenditures related to Partnered Access for which Frontier is obligated in connection with establishing the Service via Partnered Access including but not limited to any Partnered Access fees, charges , costs or early termination fees charged to Frontier .
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d. Special Construction.
i. General. All Services are subject to availability and Frontier Network limitations. The rates identified in this Schedule are estimate d based on standard installation costs and Services may not be available at all Service Locations at the rates identified. If F rontier determines, in its reasonable discretion, that the costs of provisioning Service to any Service Location are materially higher than normal, Frontier will notify Customer of the additional costs associated with provision of the Services and request Cus tomer’s acceptance of such costs as a condition to proceeding (“Special Construction”).
ii. Frontier assistance with Special Construction . Frontier may determine, on a project -by-project basis, whether and the extent to which, if any, Frontier may provide additional assistance with respect to Special Construction. If Frontier determines in its sole discretion that Frontier will provide fina ncial assistance, Frontier will notify Customer of such assistance and related conditions or requirements with respect to the Special Construction project.
iii. Customer Special Construction costs . Upon notification that Special Construction costs are required; Customer will have ten (10) business days to notify Frontier of Customer’s acceptance of such costs. If the Customer does not agree to the Special Constr uction costs within ten (10) business days, the Customer shall be deemed to have cancelled the Service Schedule and notwithstanding any provision of the FSA, Customer shall not be required to pay the FSA Section 4(a) cancellation charge. If the Customer agrees to the Special Construction costs, Frontier and Customer will execute a replacement Schedule.
3. Obligations of Customer . Customer is responsible to ensure appropriate processes and protocols are in place for rate shaping to the amount of throughput ordered. Customer acknowledges that failure to comply with this responsibility may negatively impact Service perf ormance. Customer sha ll provide and maintain an email distribution contact list with correct telephone and email information for service escalation t hat indicates who to contact, at what priority level, and the precedent of the contact order, and for any service modifications. Customer shall identify points of contact with decision-making and approval authority. Customer must be present during installation and provide a Customer project manager and complete all sign-off documentation.
Customer will not use, or permit use of the DIA Solution in a manner which is (i) illegal; or (ii) infringes the patent, copy right, trademark, confidential information or intellectual property rights of a third -party; collectively "Unauthorized Use". Frontier reserves the right to immediately terminate, modify or suspend Customer’s DIA Solution if it is determined by Frontier in its sole discretion that Customer has used the DIA Solutio n for any Unauthorized Use.
Customer will defend and indemnify Fronti er and its affiliates with respect to claims arising from Customer’s or third parties’ Unauthorized Use.
4. After Hours/Holiday Labor Hours . If Customer desires coordinated turn up services (“After Hours”) during non -business hours, defined below, then the After-Hours services shall be provided at the rate of $175.00 per hour. Non -business hours include: (1) weeknights between the hours of 5:00 p.m. and 7:59 a.m. local time; (2) weekends, including Saturday and/or Sunday and (3) the Frontier designated holidays (New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Veteran’s Day, Than ksgiving Day and Christmas Day).
Such After-Hours services may be subject to change, based upon Frontier’s reasonable determination of increases in actual costs to provide such After-Hours services, determined in accordance with generally accepted commercial accounting practices, and consistent with After Hours service charges for projects comparable to the project outlined in this Schedule
5. Internet Acceptable Use Policy and Security. Customer shall comply, and shall cause all Service users to comply, with Frontier’s Acceptable Use Policy (“AUP”), which Frontier may modify at any time. The current AUP is available for review at the following address, subject to chang e:
http://www.frontier.com/policies/commercial_aup/ . Customer is responsible for maintaining awareness of the current AUP and adhering to the AUP as it may be amended from time to time. Failure to comply with the AUP is grounds for immediate suspension or terminatio n of Frontier Internet Service, notwiths tanding any notice requirement provisions of the FSA. Customer is responsible for the security of its own networks, equipment, hardware, software and software applications. Abuse that occurs as a result of Customer’s systems or account bein g compromised or as a result of activities of third parties permitted by Customer may result in suspension of Customer’s accounts or Interne t access by Frontier.
Customer will defend and indemnify Frontier and its affiliates with respect to claims arising from Customer’ s or third parties’ usage of Frontier Internet access through Customer’s hardware or software.
6. Producer Price Index Adjustment. Unless otherwise prohibited by tariff, regulation or applicable law, Frontier shall, once per year in July, increase the above MRC for each service by the annual increase in the Producer Price Index for Total Final Demand as publishe d by the U.S.
Bureau of Labor Statistics (“PPI-FD”). The adjustment will be based on the percentage increase, if any, in PPI-FD for the most recent yearly period ending April 30th compared to the prior 12 month period ending April 30 th and shall not exceed 9.5% in any year. The increase, if any, will be reflected as either an increase in the base MRC or as a separately stated item and occur for the first time in July of the ca lendar year after service installation.
7. Service Level Agreement. The Dedicated Internet Access Service Level Agreement for Dedicated Internet Access is attached hereto and incorporated herein as Exhibit 1.
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v. 04252022_112024 v. 9 Page 3 of 5
This Schedule is not effective, and pricing, dates and terms are subject to change until signed by both parties . This Schedule and any of the provisions hereof may not be modified in any manner except by mutual written agreement. The above rates do not include any taxes, fees or surcharges applicable to the Service. This Schedule, and all terms and conditions of the FSA, is the entire agreement between the parties with respect to the Services described herein, and supersedes any and all prior or contempor aneous agreements, representations, statements, negotiations, and undertakings written or oral with respect to the subject matter hereof.
Frontier Communications of America, Inc.
CITY OF SAN BERNARDINO
Signature:
Signature:
Printed
Name:
Printed
Name:
Title: Title:
Date: Date:
Packet Page. 654
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v. 04252022_112024 v. 9 Page 4 of 5
EXHIBIT 1
Service Level Agreement
This Dedicated Internet Access Service Level Agreement (“SLA”) applies to a Dedicated Internet Access (DIA) Schedule, executed by and between CITY OF SAN BERNARDINO (“Customer”) and Frontier Communications of America, Inc. (“Frontier”). The terms of this SLA apply exclusively to the Dedicated Internet Access network elements directly within Frontier’s management responsibility and contro l (“DIA Service”), including Partnered delivered service.
1. Operational Objectives
A. Availability: Circuit Availability is the ability to exchange data packets with the nearest Frontier Internet Point of Presence (“POP”) or DIA Customer egress port (Z location) via the ingress port
(A location). “Service Outage” occurs when packet transport is unavailable or when the output signal is outside the limits of this service guarantee.
Availability is measured by the number of minutes during a calendar month that the Service is operational, divided by the total minutes in that calendar month. Calculation is based on the stop-clock method beginning at the date and time of the Customer -initiated trouble ticket and ends when Frontier restores SLA -compliant circuit operation. Frontier’s Service Availability commitment and applicable Service credit are outlined in Table 1A, subject to Sections 3 and 4 below .
B. Mean Time to Repair (MTTR) : MTTR is a monthly calculation of the average duration of time between Trouble Ticket initiation (in accordance with Section 2B) and Frontier’s reinstatement of the DIA Service to meet the Availability performance objective. The MTTR objectives, and credits applicable to a failure to meet such objectives, are outlined in Table 1B, subject to Sections 3 and 4 below .
C. To the extent applicable, the Customer is entitled to one Service Credit per Service Outage ( i.e., for either the higher of Circuit Availability credit or Mean Time to Repair credit, if applicable). If applicable, the On -Time Provisioning credit would be in addition to the Service Outage credit.
2. Service Outage Reporting Procedure.
A. Frontier will maintain a point -of-contact for Customer to report a Service Outage, twenty -four (24) hours a day, seven (7) days a week.
B. When DIA Service is impacted from a Service Outage, Customer must contact Frontier’s commercial c ustomer support center (also known as the “NOC” ) at 1 -(888) 637-9620 to identify the Service Outage and initiate an investigation of the cause (“Trouble Ticket”).
Responsibility for Trouble Ticket initiation rests solely with Customer. Once the Trouble Ticket has been opened, the appropriate Frontier departments will initiate diagnostic testing and isolation activities to determine the source. In the event of a Service Outage, Frontier and Customer will cooperate to restore the Service. If the cause of a Service Outage is a failu re of Frontier’s equipment or facilities, Frontier will be responsible for the repair. If the degradation is caused by a factor outside the control of Frontier, Fronti er will cooperate with Customer to conduct testing and repair activities at Customer’s co st and at Frontier’s standard technician rates.
C. A Service Outage begins when a Trouble Ticket is initiated and ends when the affected DIA Service is Available; provided that if the Customer reports a problem with a Service but declines to allow Frontier access for testing and repair, the Service will be c onsidered to be impaired, but will not be deemed a Service Outage subject to these term s.
D. If Frontier dispatches a field technician to perform diagnostic troubleshooting and the failure was caused by the acts or omi ssions of Customer or its employees, affiliates, contractors, agents, representatives, or invitees; then Customer will pay Frontier for all related time and material costs at Frontier's standard rates.
3. Credit Request and Eligibility.
A. In the event of a Service Outage, Customer may be entitled to a credit against the applicable DIA Service MRC if (i) Customer initiated a Trouble Ticket; (ii) the Service Outage was caused by a failure of Frontier’s equipment, facilities or personnel; (iii) the Service Outage warrants a credit based on the terms of Section 1; and (iv) Customer requests the credit within thirty (30) days of last day of the calendar month in which the Service Outage occurred.
Table 1A: Dedicated Internet Access
Circuit Availability (CA) MRC Service Credit
Availability 99.99%
Below 99.99% Service
Credit 30% MRC
Table 1B: Dedicated Internet Access
Mean Time To Repair MRC Service Credit
MTTR 4 Hours 25 % MRC above 4 hrs .
50% MRC above 6 hrs.
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B. Credits do not apply to Service Outages caused, in whole or in part, by one or more of the following: (i) the acts or omissions of Customer or its employees, affiliates, contractors, agents, representatives or invitees; (ii) failure of power; (iii) the failure or malfunction of non-Frontier equipment or systems; (iv) circumstances or causes beyond the control of Frontier or its representatives; (v) a Planned Service Interruption; (vi) Emergency Maintenance or (vii) interruptions resulting form Force Majeure events as defined in Customer’s FSA . In addition, Customer will not be issued credits for a Service Outage during any period in which Frontier is not provided with access to the Service location or any Frontier network element, or while Customer is testing and/or verifying that the problem has been resolved. “Planned Service Interruption” means any Service Outage caused by scheduled maintenance, planned enhancements or upgrades to the Frontier network; provided that Frontier will endeavor to provide at least five (5) business days’ notice prior to any such activity if it will impact the Services provided to Customer. “Emergency Maintenance” means maintenance which, if not performed promptly, could result in a serious degradation or loss of service over the Frontier network.
C. Notwithstanding anything to the contrary, all credit allowances will be limited to maximum of 50% of the MRC for the impacted DIA Service, per month. For cascading failures, only the primary or causal failure is used in determining Service Outage and asso ciated consequences. Only one service level component metric can be used for determining Service credits. In the event of the failu re of the Service to meet multiple metrics in a one -month period, the highest Service credit will apply, not the sum of multiple Service credits.
For example, If Customer’s Service Outage triggers both operational objectives ( i.e., Circuit Availability a nd Mean Time to Repair), Customer will receive the highest available Service Credit, but not both.
D. This SLA guarantees service performance of Frontier’s Dedicated Internet Access services only. This SLA does not cover TDM services [DS1, NxDS1, or DS3 services] or other voice or data services provided by Frontier. This SLA does not apply to services provided over third-party non-partner facilities, through a carrier hotel, or over Frontier facilities which terminate through a meet point circuit with a third-party non-partner carrier.
E. The final determination of whether Frontier has or has not met SLA metrics will be based on Frontier’s methodology for assess ment of compliant performance. Service Outage credits are calculated based on the duration of the Service Outage, regardless of whe ther such Service Outage is the result of failure of the Service to meet one or more performance metric.
F. Credit allowances, if any, will be deducted from the charges payable by Customer hereunder and will be expressly indicated on a subsequent bill to Customer. Credits provided pursuant to this SLA shall be Customer’s sole remedy with regard to Service Out ages.
4. Chronic Outage: An individual DIA Service qualifies for “Chronic Outage” status if such service fails to meet the Availability objectives, and one or more of the following: (a) a single Trouble Ticket extends for longer than 24 hours, (b) more than 3 Trouble Tickets e xtend for more than 8 hours, during a rolling 6-month period, or (c) 15 separate Trouble Tickets of any duration w ithin a calendar month. If a DIA Service reaches Chronic Outage status, then Custo mer may terminate the affected DIA Service without penalty; provided that Custom er must exercise such right within ten (10) days of the DIA Service reaching Chronic Outage status and provide a minimum of 15 days prior written notice to Frontier of the intent to exercise such termination right.
Packet Page. 656
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v. 04252022_112024 v. 9 Page 1 of 5
This is Schedule Number S-5550210050 to the Frontier Services Agreement dated (“FSA”) by and between CITY OF SAN BERNARDINO (“Customer”) and Frontier Communications of America, Inc. on behalf of itself and its affiliates (“Frontier”). Customer orders and Frontier agrees to provide the Services and Equipment identified in the Schedule below.
Primary Service Location: 201 N E St Ste 201B San Bernardino, California Schedule Date:
12/12/2025
Schedule Type/Purpose: Order for New Services Service Term:
60 Month(s)
Services Provided
Service Address Service Description Partnered Quantity
Charges
Total
NRC
Total
MRC
201 N E St Ste 201B,San
Bernardino,California,92401-1520
DIA (Dedicated Internet Access)/2
Gbps/Silver
No
1 $0.00 $1,100.00
201 N E St Ste 201B,San
Bernardino,California,92401-1520
IP//29 = 5 IPs No
1 $0.00 $0.00
Subtotal:
$0.00 $1100.00
1. Service Description.
a. Dedicated Internet Access (“DIA”). DIA is an internet connection, delivered via Ethernet from Customer Service Location to the Frontier IP network then to the public Internet which provides reliable, dedicated and scalable bandwidth. Physical termination shall conform to applicable rules and regulations with respect to Minimum Point of Entry (MPoE) and demarcation point. If Customer requests extensions beyond the MP oE, such extension(s) shall be subject to Frontier’s cabling service policies and Frontier’s charges related thereto per separate Frontier Cabling Service and Fee Schedule.
b. Partnered and/or Type II service is a delivery method where a Frontier third -party Service provider is used to deliver the local access to Customer (“Partner Provider”) .
c. Overhead. Ethernet technology, which is what the Frontier Dedicated Internet circuits utilize, requires packets to have headers, a checksum, interframe gaps and preambles. Those components ensure that the data packets get sent to the right place and end u p in the right order and each use a small amount of bytes, commonly known as “overhead.” Overhead is the gap between the subscribed bandwidt h speed and usable bandwidth speed. Additionally, actual data transmission or throughput may be lower than the connection spe ed due to internet congestion, server or router speeds, protocol overheads, and other factors which cannot be controlled by Frontier.
2. Pre-installation cancellation fees, FOC Notice , Partnered Access Costs and Special Construction. a. Pre-installation cancellation fees. Cancellation relating to newly identified costs and expenses: If Customer cancels any Service or Equipment prior to delivery of any Equipment or installation of the Service or Equipment due to Customer’s determination that Customer is not able or willing to incur the costs and expenses of Frontier identified Customer required pre -installation requirements (other than previously identified NRC or CIAC set forth in this Schedule), then notwithstanding any provision of the FSA, Customer shall not be required t o pay the FSA Section 4(a) cancellation charge.
b. Cancellation after FOC Notice. Frontier will provide Customer with notice (the “FOC Notice”) of the project completion date (the “FOC Date”) as soon as possible in light of the requested services and customer’s location. If Customer cancels more than ten (10) busine ss days after the issuance of the FOC Notice, then, notwithstanding any provision of the FSA, Customer shall pay a processing fee of Seven Hundr ed Fifty Dollars ($750.00) and the total costs and expenditures of Frontier in connection with est ablishing the Service and / or providing the Equipment prior to Frontier’s receipt of notice of cancellation including but not limited to any construction and engineering costs and Equipmen t restocking fees. c. Partnered Access costs. Notwithstanding any provision to the contrary in the FSA or this Service Schedule, if Customer cancels any Service or Equipment prior to delivery of any Equipment or installation of the Service or Equipment for any reason, then Customer shall reimburse Frontier for any costs and/or expenditures related to Partnered Access for which Frontier is obligated in connection with establishing the Service via Partnered Access including but not limited to any Partnered Access fees, charges , costs or early termination fees charged to Frontier .
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d. Special Construction.
i. General. All Services are subject to availability and Frontier Network limitations. The rates identified in this Schedule are estimate d based on standard installation costs and Services may not be available at all Service Locations at the rates identified. If F rontier determines, in its reasonable discretion, that the costs of provisioning Service to any Service Location are materially higher than normal, Frontier will notify Customer of the additional costs associated with provision of the Services and request Cus tomer’s acceptance of such costs as a condition to proceeding (“Special Construction”).
ii. Frontier assistance with Special Construction . Frontier may determine, on a project -by-project basis, whether and the extent to which, if any, Frontier may provide additional assistance with respect to Special Construction. If Frontier determines in its sole discretion that Frontier will provide fina ncial assistance, Frontier will notify Customer of such assistance and related conditions or requirements with respect to the Special Construction project.
iii. Customer Special Construction costs . Upon notification that Special Construction costs are required; Customer will have ten (10) business days to notify Frontier of Customer’s acceptance of such costs. If the Customer does not agree to the Special Constr uction costs within ten (10) business days, the Customer shall be deemed to have cancelled the Service Schedule and notwithstanding any provision of the FSA, Customer shall not be required to pay the FSA Section 4(a) cancellation charge. If the Customer agrees to the Special Construction costs, Frontier and Customer will execute a replacement Schedule.
3. Obligations of Customer . Customer is responsible to ensure appropriate processes and protocols are in place for rate shaping to the amount of throughput ordered. Customer acknowledges that failure to comply with this responsibility may negatively impact Service perf ormance. Customer sha ll provide and maintain an email distribution contact list with correct telephone and email information for service escalation t hat indicates who to contact, at what priority level, and the precedent of the contact order, and for any service modifications. Customer shall identify points of contact with decision-making and approval authority. Customer must be present during installation and provide a Customer project manager and complete all sign-off documentation.
Customer will not use, or permit use of the DIA Solution in a manner which is (i) illegal; or (ii) infringes the patent, copy right, trademark, confidential information or intellectual property rights of a third -party; collectively "Unauthorized Use". Frontier reserves the right to immediately terminate, modify or suspend Customer’s DIA Solution if it is determined by Frontier in its sole discretion that Customer has used the DIA Solutio n for any Unauthorized Use.
Customer will defend and indemnify Fronti er and its affiliates with respect to claims arising from Customer’s or third parties’ Unauthorized Use.
4. After Hours/Holiday Labor Hours . If Customer desires coordinated turn up services (“After Hours”) during non -business hours, defined below, then the After-Hours services shall be provided at the rate of $175.00 per hour. Non -business hours include: (1) weeknights between the hours of 5:00 p.m. and 7:59 a.m. local time; (2) weekends, including Saturday and/or Sunday and (3) the Frontier designated holidays (New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Veteran’s Day, Than ksgiving Day and Christmas Day).
Such After-Hours services may be subject to change, based upon Frontier’s reasonable determination of increases in actual costs to provide such After-Hours services, determined in accordance with generally accepted commercial accounting practices, and consistent with After Hours service charges for projects comparable to the project outlined in this Schedule
5. Internet Acceptable Use Policy and Security. Customer shall comply, and shall cause all Service users to comply, with Frontier’s Acceptable Use Policy (“AUP”), which Frontier may modify at any time. The current AUP is available for review at the following address, subject to chang e:
http://www.frontier.com/policies/commercial_aup/ . Customer is responsible for maintaining awareness of the current AUP and adhering to the AUP as it may be amended from time to time. Failure to comply with the AUP is grounds for immediate suspension or terminatio n of Frontier Internet Service, notwiths tanding any notice requirement provisions of the FSA. Customer is responsible for the security of its own networks, equipment, hardware, software and software applications. Abuse that occurs as a result of Customer’s systems or account bein g compromised or as a result of activities of third parties permitted by Customer may result in suspension of Customer’s accounts or Interne t access by Frontier.
Customer will defend and indemnify Frontier and its affiliates with respect to claims arising from Customer’ s or third parties’ usage of Frontier Internet access through Customer’s hardware or software.
6. Producer Price Index Adjustment. Unless otherwise prohibited by tariff, regulation or applicable law, Frontier shall, once per year in July, increase the above MRC for each service by the annual increase in the Producer Price Index for Total Final Demand as publishe d by the U.S.
Bureau of Labor Statistics (“PPI-FD”). The adjustment will be based on the percentage increase, if any, in PPI-FD for the most recent yearly period ending April 30th compared to the prior 12 month period ending April 30 th and shall not exceed 9.5% in any year. The increase, if any, will be reflected as either an increase in the base MRC or as a separately stated item and occur for the first time in July of the ca lendar year after service installation.
7. Service Level Agreement. The Dedicated Internet Access Service Level Agreement for Dedicated Internet Access is attached hereto and incorporated herein as Exhibit 1.
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This Schedule is not effective, and pricing, dates and terms are subject to change until signed by both parties . This Schedule and any of the provisions hereof may not be modified in any manner except by mutual written agreement. The above rates do not include any taxes, fees or surcharges applicable to the Service. This Schedule, and all terms and conditions of the FSA, is the entire agreement between the parties with respect to the Services described herein, and supersedes any and all prior or contempor aneous agreements, representations, statements, negotiations, and undertakings written or oral with respect to the subject matter hereof.
Frontier Communications of America, Inc.
CITY OF SAN BERNARDINO
Signature:
Signature:
Printed
Name:
Printed
Name:
Title: Title:
Date: Date:
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EXHIBIT 1
Service Level Agreement
This Dedicated Internet Access Service Level Agreement (“SLA”) applies to a Dedicated Internet Access (DIA) Schedule, executed by and between CITY OF SAN BERNARDINO (“Customer”) and Frontier Communications of America, Inc. (“Frontier”). The terms of this SLA apply exclusively to the Dedicated Internet Access network elements directly within Frontier’s management responsibility and contro l (“DIA Service”), including Partnered delivered service.
1. Operational Objectives
A. Availability: Circuit Availability is the ability to exchange data packets with the nearest Frontier Internet Point of Presence (“POP”) or DIA Customer egress port (Z location) via the ingress port
(A location). “Service Outage” occurs when packet transport is unavailable or when the output signal is outside the limits of this service guarantee.
Availability is measured by the number of minutes during a calendar month that the Service is operational, divided by the total minutes in that calendar month. Calculation is based on the stop-clock method beginning at the date and time of the Customer -initiated trouble ticket and ends when Frontier restores SLA -compliant circuit operation. Frontier’s Service Availability commitment and applicable Service credit are outlined in Table 1A, subject to Sections 3 and 4 below .
B. Mean Time to Repair (MTTR) : MTTR is a monthly calculation of the average duration of time between Trouble Ticket initiation (in accordance with Section 2B) and Frontier’s reinstatement of the DIA Service to meet the Availability performance objective. The MTTR objectives, and credits applicable to a failure to meet such objectives, are outlined in Table 1B, subject to Sections 3 and 4 below .
C. To the extent applicable, the Customer is entitled to one Service Credit per Service Outage ( i.e., for either the higher of Circuit Availability credit or Mean Time to Repair credit, if applicable). If applicable, the On -Time Provisioning credit would be in addition to the Service Outage credit.
2. Service Outage Reporting Procedure.
A. Frontier will maintain a point -of-contact for Customer to report a Service Outage, twenty -four (24) hours a day, seven (7) days a week.
B. When DIA Service is impacted from a Service Outage, Customer must contact Frontier’s commercial c ustomer support center (also known as the “NOC” ) at 1 -(888) 637-9620 to identify the Service Outage and initiate an investigation of the cause (“Trouble Ticket”).
Responsibility for Trouble Ticket initiation rests solely with Customer. Once the Trouble Ticket has been opened, the appropriate Frontier departments will initiate diagnostic testing and isolation activities to determine the source. In the event of a Service Outage, Frontier and Customer will cooperate to restore the Service. If the cause of a Service Outage is a failu re of Frontier’s equipment or facilities, Frontier will be responsible for the repair. If the degradation is caused by a factor outside the control of Frontier, Fronti er will cooperate with Customer to conduct testing and repair activities at Customer’s co st and at Frontier’s standard technician rates.
C. A Service Outage begins when a Trouble Ticket is initiated and ends when the affected DIA Service is Available; provided that if the Customer reports a problem with a Service but declines to allow Frontier access for testing and repair, the Service will be c onsidered to be impaired, but will not be deemed a Service Outage subject to these term s.
D. If Frontier dispatches a field technician to perform diagnostic troubleshooting and the failure was caused by the acts or omi ssions of Customer or its employees, affiliates, contractors, agents, representatives, or invitees; then Customer will pay Frontier for all related time and material costs at Frontier's standard rates.
3. Credit Request and Eligibility.
A. In the event of a Service Outage, Customer may be entitled to a credit against the applicable DIA Service MRC if (i) Customer initiated a Trouble Ticket; (ii) the Service Outage was caused by a failure of Frontier’s equipment, facilities or personnel; (iii) the Service Outage warrants a credit based on the terms of Section 1; and (iv) Customer requests the credit within thirty (30) days of last day of the calendar month in which the Service Outage occurred.
Table 1A: Dedicated Internet Access
Circuit Availability (CA) MRC Service Credit
Availability 99.99%
Below 99.99% Service
Credit 30% MRC
Table 1B: Dedicated Internet Access
Mean Time To Repair MRC Service Credit
MTTR 4 Hours 25 % MRC above 4 hrs .
50% MRC above 6 hrs.
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B. Credits do not apply to Service Outages caused, in whole or in part, by one or more of the following: (i) the acts or omissions of Customer or its employees, affiliates, contractors, agents, representatives or invitees; (ii) failure of power; (iii) the failure or malfunction of non-Frontier equipment or systems; (iv) circumstances or causes beyond the control of Frontier or its representatives; (v) a Planned Service Interruption; (vi) Emergency Maintenance or (vii) interruptions resulting form Force Majeure events as defined in Customer’s FSA . In addition, Customer will not be issued credits for a Service Outage during any period in which Frontier is not provided with access to the Service location or any Frontier network element, or while Customer is testing and/or verifying that the problem has been resolved. “Planned Service Interruption” means any Service Outage caused by scheduled maintenance, planned enhancements or upgrades to the Frontier network; provided that Frontier will endeavor to provide at least five (5) business days’ notice prior to any such activity if it will impact the Services provided to Customer. “Emergency Maintenance” means maintenance which, if not performed promptly, could result in a serious degradation or loss of service over the Frontier network.
C. Notwithstanding anything to the contrary, all credit allowances will be limited to maximum of 50% of the MRC for the impacted DIA Service, per month. For cascading failures, only the primary or causal failure is used in determining Service Outage and asso ciated consequences. Only one service level component metric can be used for determining Service credits. In the event of the failu re of the Service to meet multiple metrics in a one -month period, the highest Service credit will apply, not the sum of multiple Service credits.
For example, If Customer’s Service Outage triggers both operational objectives ( i.e., Circuit Availability a nd Mean Time to Repair), Customer will receive the highest available Service Credit, but not both.
D. This SLA guarantees service performance of Frontier’s Dedicated Internet Access services only. This SLA does not cover TDM services [DS1, NxDS1, or DS3 services] or other voice or data services provided by Frontier. This SLA does not apply to services provided over third-party non-partner facilities, through a carrier hotel, or over Frontier facilities which terminate through a meet point circuit with a third-party non-partner carrier.
E. The final determination of whether Frontier has or has not met SLA metrics will be based on Frontier’s methodology for assess ment of compliant performance. Service Outage credits are calculated based on the duration of the Service Outage, regardless of whe ther such Service Outage is the result of failure of the Service to meet one or more performance metric.
F. Credit allowances, if any, will be deducted from the charges payable by Customer hereunder and will be expressly indicated on a subsequent bill to Customer. Credits provided pursuant to this SLA shall be Customer’s sole remedy with regard to Service Out ages.
4. Chronic Outage: An individual DIA Service qualifies for “Chronic Outage” status if such service fails to meet the Availability objectives, and one or more of the following: (a) a single Trouble Ticket extends for longer than 24 hours, (b) more than 3 Trouble Tickets e xtend for more than 8 hours, during a rolling 6-month period, or (c) 15 separate Trouble Tickets of any duration w ithin a calendar month. If a DIA Service reaches Chronic Outage status, then Custo mer may terminate the affected DIA Service without penalty; provided that Custom er must exercise such right within ten (10) days of the DIA Service reaching Chronic Outage status and provide a minimum of 15 days prior written notice to Frontier of the intent to exercise such termination right.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 4, 2026
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Approve Amendment No. 2 to the Design Services Agreement with IDS Group, Inc. for the Speicher Park
Ballfields Project in the amount of $206,626 and approve additional contingences in the amount of $11,000 (Ward
2)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve Amendment No. 2 to the Design Services Agreement with IDS Group Inc, Inc. in the amount of $206,626 for the Speicher Park Ballfields Project (Project), and authorize additional contingencies for unforeseen conditions in the total amount of $11,000, increasing the total contingency budget from $39,000 to $50,000, increasing the total not to exceed amount to $646,748, and extending the term through July 31, 2027; and,
2. Authorize the City Manager or designee to execute all documents with IDS Group Inc.; and
3. 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
Amendment No. 2 to the Design Services Agreement expands the scope of work of
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the project to include additional lighting improvements, ADA accessibility features, parking lot renovations, utility connections, and structural details for new dugouts and bleachers. Additionally, the Amendment divides the design plans into multiple smaller sets so that the City can take a phased approach for construction, which will allow the City to strategically group improvements for construction as funding becomes available. No budget amendment is required to fund this amendment as sufficient Measure S and Cultural Development funding already exists in the project’s approved FY 2025/2026 CIP budget.
Background
Speicher Memorial Park is a 29-acre facility, which includes five baseballs fields. The project will revitalize the park with improved amenities, and restoration of existing infrastructure. The first phase of the project is currently under construction.
On March 1, 2023, the Mayor and City Council approved Resolution No. 2023-036 rejecting construction bids for Speicher Park Renovation. Since the City received only one construction bid and the received bid amount was significantly above the Engineer’s overall estimate, Public Works staff recommended that the City Council reject the bid submitted for the subject project and allow staff to re-evaluate the project, coordinating with the Parks and Recreations Department to revise the scope of work to stay within the available budget.
On June 21, 2023, the Mayor and City Council awarded a Design Services Agreement to IDS Group, Inc. in the amount of $180,943. The scope of work included, but is not limited to, lighting, ADA accessibility, parking lot rehabilitation, new restrooms, and improvements to Huchabaa, Mason, and Montgomery Baseball Fields.
On March 6, 2024, the Mayor and City Council Approved Amendment No. 1 to the Design Services Agreement with IDS Group, Inc. in the amount of $209,179. An additional $39,000 for project contingencies was also authorized.
Discussion
Additional services are recommended to complete a multi-phase approach to the improvements at Speicher Memorial Park. When the Design for the Ballfields Improvements Project was completed, the estimated project cost was approximately $12 million. As a result, only a portion of the design was advertised for bidding and is currently under construction.
To make the best use of the remaining design plans, the project is being transitioned to a phase approach that will allow strategically grouped improvements to be constructed as funding becomes available. This requires additional work from IDS Group, Inc. to divide the existing plan set into multiple smaller plan sets.
Additionally, the items listed below will be added to the new design plans sets:
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Additional lighting
improvements
Additional ADA Accessibility
Additional utility connections
New multipurpose field
New dugout pads and benches
Additional Fencing
Additional parking lot
improvements
Additional irrigation system
improvements
The current project design cost is as follows:
Current Design Cost
Original Design Fee $180,943
Amendment No. 1 $209,179
Original Contingency $39,000
Total Current Design Costs $429,122
The cost to prepare the proposed plan set revisions is $206,626. An additional $11,000 is also recommended to increase the project contingency budget from $39,000 to $50,000.
The revised Design Cost would be as follows:
Revised Design Costs
Original Design Fee $180,943
Amendment No. 1 $209,179
Original Contingency $39,000
Amendment No. 2 $206,626
Additional Contingency $11,000
Total Revised Design Costs $646,748
The existing not to exceed contract amount would be increased from $429,122 to $646,748 to account for the proposed design costs and additional contingency budget.
The available project budget from all sources is approximately $2,089,778, which is sufficient to cover the additional design costs.
Available Project Budget
Measure S $1,300,000
Cultural Development Fund 789,778
Remaining Project Budget $2,089,778
To provide sufficient time for the additional design work, the term would also be extended through July 31, 2027. Once the additional design work is completed, the future phases of the project can be put out to bid as additional funding becomes available. 2021-2025 Strategic Targets and Goals
Execution of this amendment aligns with Key Target No. 4: Economic Growth &
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Development. The additional amenities to Speicher Memorial Park will improve community participation for recreational activities and provide a safe and well- maintained community park.
Fiscal Impact
There is no General Fund impact associated with this action. There is sufficient budget in FY 25/26 CIP Budget within the existing Measure S and Cultural development allocations.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve Amendment No. 2 to the Design Services Agreement with IDS Group Inc, Inc. in the amount of $206,626 for the Speicher Park Ballfields Project (Project), and authorize additional contingencies for unforeseen conditions in the total amount of $11,000, increasing the total contingency budget from $39,000 to $50,000, increasing the total not to exceed amount to $646,748, and extending the term through July 31, 2027; and
2. Authorize the City Manager or designee to execute all documents with IDS Group Inc.; and
3. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.
Attachments
Attachment 1 Amendment No. 2 to the Design Services Agreement with IDS Group, Inc.
Attachment 2 Amendment No. 1 to the Design Services Agreement with IDS Group, Inc.
Attachment 3 Design Services Agreement with IDS Group, Inc.
Attachment 4 Location Map
Ward:
Second Ward
Synopsis of Previous Council Actions:
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March 1, 2023 Mayor and City Council adopted Resolution No. 2023-036 rejecting construction bids for Speicher Park Renovation Project.
June 21, 2023 Mayor and City Council adopted Resolution No. 2023-084 approving the award of a design services agreement with IDS Group Inc. for the Speicher Memorial Park Ballfield
Improvements Project.
March 6, 2024 Mayor and City Council approved Amendment No. 1 to the Agreement with IDS Group, Inc. for Speicher Memorial Park Design Services.
CC: Eric Levitt, City Manager
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AMENDMENT NO. 2 TO
THE DESIGN SERVICES AGREEMENT
WITH IDS GROUP, INC. FOR
THE SPEICHER MEMORIAL PARK BALLFIELD IMPROVEMENTS PROJECT
This Amendment No . 2 to the Design Services Agreement is made and entered into as of February 4, 2026 ("Effective Date"), by and between the City of San Bernardino, a charter city and municipal corporation ("City") and IDS Group, Inc. , a California corporation ("Designer"). City and Designer are sometimes referred to herein individually as a "Party" and collectively as "Parties."
RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated, June 21, 2023, for the purpose of design services for the Speicher Memorial Park Ballfield Improvements Project (the "Original Agreement").
B. WHEREAS, on March 6, 2024, the Parties executed Amendment No. 1 to the Master Agreement in order to revise the scope of work and incre ase the not -to-exceed compensation from $180,943 to $429,122;
C. WHEREAS, the Parties now desire to amend the Original Agreement in order to include additional compensation for additional design and services in the amount of $206,626 and increase the contingency budget by $11,000 for a total design cost increase of $217,626 in accordance with the compensation provisions of the Original Agreement and extend the term through December 31, 2027.
NOW, T HEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 2, the Original Agreement, as previously amended, 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. Compensation. The total not -to-exceed compensation amount is hereby increased by Two Hundred Seventeen Thousand Six Hundred Twenty -Six Dollars and Zero Cents ($217,626), increasing the total not -to-exceed compensation amount from Four Hundred Twenty -Nine Thousand One Hundred Twelve Dollars and Zero Cents ($429,112) to Six Hundred Forty Six Thousand Seven Hundred Forty Eight Dollars and Zero Cents ($646,748).
3. Term. The term of the Master Agreement, as previously amended, is hereby extended through July 31, 2027, unless earlier terminated in accordance with the Agreement.
4. Full Force. Except as amended by this Amendment No. 2, all provisions of the Original Agreement, as previously amended, including without limitation the indemnity
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and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 2.
5. 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. 2 for all purposes . This Amendment No. 2 may be signed using an electronic signature.
6. Counterparts. This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO
AMENDMENT NO. 2 TO
DESIGN SERVICES AGREEMENT
WITH IDS GROUP, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 2 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO DESIGNER
APPROVED BY: IDS GROUP, INC.
Eric Levitt,
City Manager Signature
APPROVED AS TO FORM: Name
Best Best & Krieger LLP
City Attorney
Title
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ATTACHMENT A-1
ADDITIONAL SCOPE AND FEE
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AMENDMENT NO. 1 TO
THE DESIGN SERVICES AGREEMENT
WITH IDS GROUP, INC. FOR THE SPEICHER MEMORIAL PARK
BALLFIELD IMPROVEMENTS PROJECT
This Amendment No. 1 to the Design Services Agreement is made and entered into as of March 6, 2024 ("Effective Date"), by and between the City of San Bernardino, a charter city and municipal corporation ("City") and IDS Group, Inc., a California corporation ("Consultant"). City and Consultant are sometimes referred to herein individually as a "Party" and collectively as "Parties."
RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated, June 21, 2023, for the purpose of design services for the Speicher Memorial Park Ballfield Improvements Project (the "Original Agreement").
B. WHEREAS, the Parties now desire to amend the Original Agreement in to include additional services and to provide compensation for the additional services.
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, as previously amended, 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. Services. The Scope of Services for the Original Agreement is hereby 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.
3. Compensation. The total not to exceed compensation amount shall be increased by Two Hundred Forty -Eight Thousand One Hundred Seventy-Nite Dollars ($ 248,179) increasing the total not to exceed compensation amount from One Hundred Eighty Thousand Nine Hundred Forty-Three Dollars ($ 180,943) to Four Hundred Twenty -Nine Thousand One Hundred Twenty -Two Dollars ($429,122).
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4. Full Force . Except as amended by this Amendment No. 1, all provisions of the Original Agreement, as previously amended, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 4.
5. Electronic Transmission . A manually signed copy of this Amendment No. 4 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.
6. Counterparts. This Amendment No. 1 may be signed in
counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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-3-
SIGNATURE PAGE TO
AMENDMENT NO. 1 TO
DESIGN SERVICES AGREEMENT
WITH IDS GROUP, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.1 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO CONSULTANT
APPROVED BY: IDS GROUP, INC.
Charles A. Montoya,
City Manager Signature
APPROVED AS TO FORM: Name
Best Best & Krieger LLP
City Attorney
Title
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EXHIBIT A-1
SCOPE OF ADDITIONAL SERVICES
[ATTACHED]
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February 9, 2024
Eddie Mendez, PE Submitted via emai: [email protected] Principal Civil Engineer
City of San Bernardino
Public Works Engineering Division
290 North D Street
San Bernardino, CA 92401
(909) 384-5140 ext 3608
Subject: Additional Services Request – City of San Bernardino Speicher Park Improvements, Project PR 23-006
Dear Mr. Mendez:
IDS Group would like to present this proposal for additional services request for the above referenced project at Speicher Park for the City of San Bernardino (City) per your email direction on December 4, 2023. This proposal outlines our revised Understanding, Additional Scope of Work, Deliverable s, Assumptions and Exclusions, and Compensation. We understand that time is critical for the City to meet the March 31, 2024 permit submission deadline for the funding grant. Therefore, while this proposal is being reviewed and approved, IDS Group will continue work at-risk per the additional scope as outlined below.
Project Description
IDS understands that the City has made significant changes to the approach and scope in regards to the project site and is requesting additional services. The list of these items and original scope is provide below in Attachment “C.” The City would like to include the following additional scope:
All Fields:
▪ Architecture
o Replace old fence fabric in all areas, especially backstops with high gage material. o Replace backstop boards and edge surface cushion rubber. o Add shade covers over dugouts.
o Demo existing score booths and replace with ADA accessible concrete pads and rails, minimum 15’X15’. (Note: The booths at O’Grady and Gurule Fields are shown to -remain on the 30% CD, by replacing the roofs, modifying the railings, and adding a short ramp and landing at the doors.) o Add Batter’s Eye along all outfield fence lines and foul lines. ▪ Structural
o Footing, sizing, and connection details for shade covers over dugouts and batter’s eye locations. o Concrete pad details at previous score booths.
▪ Landscape / Civil / Plumbing
o Infield renovation s: scarify, add infield mix, level, and renovate crown. Re -do all pitching mounds (baseball play only, excludes Mason, Montgomery, and Gurule softball fields).
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City of San Bernardino
Speicher Park Improvements, PR 23-006 | Page 2
▪ Electrical
o Upgrade all lighting building and security lighting to LED. Solar lighting is excluded. o Replace wooden lighting poles with standard steel or aluminum Musco, or approved equal. o Additional security lighting between fields.
Huckabaa Field:
▪ Architecture
o To properly protect the integrity of the synthetic turf field, will add control features such as a perimeter wrought-iron fence and locking entry gates, etc.
o Remodel existing concessions building. The scope includes replacing flooring, counter and sink, wall paint, new storage room(s) shelving, restroom upgrades (floor, fixtures, wall covering , and ADA compliance).
▪ Structural
o Fence footing details.
o Footing details for outfield batter’s eye at Huckabaa Field. o New roof at concessions building.
▪ Landscape / Civil
o Ground squirrel infestation created outfield and infield holes and ruts. Design to include re-grading and new synthetic turf (floating the outfield).
o Infield crown renovation.
o Accessible ramp to connect middle ADA parking at large parking lot to bleacher area. o Assess and renovate irrigation system for proper coverage o Relocate existing irrigation line so that it is no longer under Huchabaa field. ▪ Mechanical/Plumbing
o Engineering for existing concessions building remodel in accordance with Health Department Requirements
▪ Replace evaporative cooler.
▪ Provide required heating unit at kitchen & office.
▪ Provide Grease Trap at new 3-comp sink
▪ Plumbing adjustments to (3) restrooms and connections to new fixtures, including 3-comp sink.
▪ Evaluate and resize the water heater as needed.
Mason & Montgomery Fields (Softball – No Mounds):
▪ Landscape / Civil
o Ground squirrel infestation created turf (and infield) holes and ruts. Design to include re-grading the turf (floating the outfield) and infield crown renovation.
o Replace the existing asphalt walking areas around the concessions/electrical building with concrete.
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Speicher Park Improvements, PR 23-006 | Page 3
o Accessible ramp to connect northerly ADA parking at large parking lot to both fields and concessions building.
O’Grady and Gurule Fields:
▪ Architecture
o Replace bleacher units at each field. Maintain a minimum of 52 seats on each side (Home & Visitor) = 21’ Long, 5 Rows.
▪ Civil/Landscape
o Mitigate drainage problem behind backstop and First Base area for both fields – major flooding during rain.
o Add three (3) accessible ramps: from concessions plaza to bleacher areas for O’Grady, Gurule, and between both fields.
o Assess and renovate irrigation system for proper coverage. o Outfield renovation: mitigate uneven ground due to squirrel infestation, float outfield, aerate, re-seed or sod where necessary.
o O’Grady: Restore quick coupler once the synthetic infield turf is removed. ▪ Structural
o Add pads for new bleachers.
▪ Electrical
o Add more security lighting between three fields (O’Grady/Gurule/Huckabaa). o Gurule: Repair Third Base light pole “tripping” problem.
General Park Improvements:
▪ Architecture
o Arden Parking Lot:
▪ Demo existing restroom building and replace with Prefab. ▪ Add trash bin enclosure.
▪ Install (3) new trash bin enclosures at north end and south end of Large South Parking Lot. ▪ Structural
o Slab and footing details at (3) trash bin enclosures. ▪ Landscape
o Install new accessible drinking fountains around ballfields. o Install new outdoor fitness equipment stations around north walking path. ▪ Civil
o Grading & Drainage for (3) new trash enclosures.
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Speicher Park Improvements, PR 23-006 | Page 4
Other Notes:
▪ Bury all pull boxes and junction boxes to prevent thievery of wire, vandalism, etc. ▪ It is recognized that SCE plan checks take a long time. ▪ Traditional Baseball/Softball Season operates from late January (Registration ends and tryouts begin), with team practices staring in mid -February and game play start in mid -March through mid -June, and then playoff/all-star play through July. Construction that goes through May will definitely have a MAJOR impact upon ballfield user groups. Improvements to O’Grady and Gurule first will impact the Arrowhead Little League the least, followed by Mason/Montgomery
▪ Bi-weekly meetings w/City requested, pending staff availability.
Scope of IDS Services and Deliverables
Our scope of services consists of providing architectural and engineering design and bidding/construction administration services in support of the project’s intended work, according to the following:
• Conduct site visits to document existing building/site systems. • Attend bi-weekly meetings with the City’s project team as needed. • Provide required mechanical, plumbing, and electrical engineering and landscape architecture coordination services with local utility companies & Health Department in support of the City’s proposed scope of work. • Provide architecture, civil, landscape, structural, mechanical, electrical, plumbing, and cost estimating services in support of the City’s proposed scope of work.
30% Construction Document Phase:
o Conduct a field review of the existing buildings and site, and locate the building on the site using apparent limits of the property (survey provided by other).
o Conduct as-built measurements and convert existing drawings to CAD format. o Provide Code analysis and design describing our findings and laying out options. o Prepare 30% Construction Documents (Scoping Plans), which incorporate City’s scope, and submit them to the City for review.
90% Construction Document Phase:
o Integrate survey documents into Construction Drawings. o Prepare 90% Construction Documents, which incorporate the City’s 30% CD Set Comments, including building plans (floor, finish, ceiling, roof), elevations, and sections of all new or remodeled structures, trash enclosure plans and details, irrigation plans and details, accessible upgrades at parking lots and hardscape, field improvements, and MEP upgrades. Submit for plan check to agencies having jurisdiction for review.
100% Construction Documents/Plan Review Phase:
o Prepare 100% CDs incorporating all City’s 90% CD comments and other revisions. o Incorporate plan check corrections into the final/ approved Construction Documents’ drawings and specifications.
o Incorporate revisions due to bidders’requests for information(RFI’s) and substitution requests. o Issue a For Construction Set.
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Bid and Construction Administration Support Phase:
Provide bidding and Construction Administration support services:
o Review and provide written responses to the contractor’s RFI’s. o Review and process shop drawings and submittals.
o Attend a bid walk and construction kickoff meeting.
o Attend 30-minute bi-weekly construction status conference calls and site/construction progress meetings to review construction progress (maximum of 6 on-site meetings). We presume that the City Staff will conduct the meetings and prepare the meeting minutes.
o Provide punch list and project close-out assistance.
o Prepare Record Drawings based on Contractor redlines.
Exclusions and Assumptions
• City will provide available as-built utility drawings for our use. • Site access improvements assume accessible parking adjacent to the building and POT from parking to the building only; documentation and design for accessible POT from the public way to the building and/or interconnecting with other buildings on site excluded.
• Disabled access compliance at the restroom assumes changes to plumbing fixtures and electrical system will not require anything more than minor placement adjustments. • Electrical distribution and emergency systems upgrades outside of our scope of work above are excluded. • Fire alarm design, modifications, and/or interfaces outside of our scope of work above are excluded. • Automatic fire sprinkler system design, if needed, is not included in our scope. • Plan check submittal and permit fees are not included in our fee. • Additional design work due to Value Engineering/Peer Review is excluded. • Remedial permit approvals for work previously performed and for which there is no record of a permit are excluded.
• Testing for the presence of hazardous materials of any kind and mitigation requirements for the same is not included.
• Project book specifications are excluded.
• Resolutions to deficiencies within the existing wall fire rating, siting, and/or building separations are excluded. • Analysis, review, design, strengthening, retrofit, etc. of structural load support and/or lateral force resisting systems not directly related to architectural or MPE elements of this project are excluded. • Our construction administration proposed fee is based on a construction duration not exceeding nine months, including not-to-exceed 6 site meetings. Most meetings will be held via teleconferencing. • Commissioning of equipment or systems is excluded.
• Mechanical upgrades at Huckabaa Concessions Building assumes like-for-like replacement of fixtures and will not require revisions to the envelope.
1 Peters Canyon Road, Suite 130, Irvine California 92606 ▲ T: 949.387.8500 ▲ F: 949.387.0800 ▲ www.idsgi.com
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City of San Bernardino
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Deliverables
The deliverables will include all files related to the design efforts listed above. Milestones will include 30%, 90% and 100% submittals plans with associated cost estimates. This will include one review and comment cycle by City for each milestone.
Assumptions and Exclusions
IDS will prepare the design plans for the improvements noted above.
Excludes additional work not noted above. Project Specifications will be placed onto the drawings and no book format specifications will be provided.
Compensation
IDS shall perform the Additional Scope‐of‐Work, as described above, on a Lump Sum basis for $209,179 per the attached breakdown of tasks and hours. The following Table summarizes this fee:
Phase Task Fees
Program Development & Construction
Documents – 30% level
$34,845
Aerial/Topographic Surveys & IDS
Coordination
$9,660
Construction Documents – 90% level $91,746
Construction Documents – 100% level $33,521
Construction Cost Estimates $5,760
Bid Support & Construction Administration $33,647
Fee Proposal Total $209,179
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City of San Bernardino
Speicher Park Improvements, PR 23-006 | Page 7
We appreciate the opportunity to provide continued support to the City. Please contact Adrian Anderson, PE, who will continue to oversee the project. He can be reached at 949.387.8500, ext. 509 or via email at [email protected]. Dr. Said Hilmy, PhD, SE, LEED AP, Principal, continues to serve as Contract Administration for our additional services request. You may contact him at 949.387.8500 ext. 116 or via email at [email protected]. Thank you and we look forward to hearing from you soon.
Sincerely,
Adrian Anderson, PE Said Hilmy, PhD, SE, LEED AP
Associate Principal Civil Project Manager Principal / Contract Administrator
cc: John Silber, RA - IDS Principal Architect
Matthew Miller, AIA, LEED AP – Sr. Associate/PM
Attachments:
A Fee Schedule
B. IDS Group 2024 Rates
C. Consolidated Scope List – 6/27/23 Contract & 2/9/24 Add-Service
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Speicher Park Improvements, PR 23-006 | Page 8
A. Fee Schedule
Attachment “A”
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City of San Bernardino
Speicher Park Improvements, PR 23-006 | Page 9
B. 2024 Rate Sheet
Attachment “B”
IDS Group, Inc.
2024 Rate Sheet
Title – Association Hourly Rate
Principal $240
Associate Principal $225
Senior Project Manager Associate $217
Project Manager $202
Senior Architect or Engineer $190
Senior Cost Estimator $180
Project Architect or Engineer $180
Designer Architect or Engineer $163
Engineering Designer - BIM $143
Architectural Job Captain | Designer $135
CAD Drafting Engineer | Architect $121
Office Administration $75
Expenses such as, but not limited to, plan check fees, permits, inspections, testing services, title company fees, special delivery charges, plotting/ presentation boards, maps, aerial photographs, and reprographics/ illustrations that may be required for community or other stakeholder presentation, shall be billed to the owner at Consultant’s direct cost plus 10%.
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City of San Bernardino
Speicher Park Improvements, PR 23-006 | Page 10
Attachment “C”
SPEICHER MEMORIAL PARK IMPROVEMENTS - CONSOLIDATED SCOPE LIST
KEY
Contract #1, Executed 6/27/23
Add-Service Proposal, 2/9/24
• All Fields:
o Architecture
▪ Replace bleacher units for all field locations. Maintain a minimum of 52 seats on each side (Home & Visitor) = 21’ Long, 5 Rows.
▪ Replace old fence fabric in all areas, especially backstops with high gage material. ▪ Replace backstop boards and edge surface cushion rubber. ▪ Add shade covers over dugouts.
▪ Demo existing score booths and replace with ADA accessible concrete pads and rails, minimum 15’X15’. (Note: The booths at O’Grady and Gurule Fields could remain by replacing the roofs, modifying the railsing, and adding a short ramp and landing at the doors.) ▪ Add Batter’s Eye along all outfield fence lines and foul lines. o Structural
▪ Footing, sizing, and connection details for shade covers over dugouts and batter’s eye locations. ▪ Concrete pad details at previous score booths.
o Landscape / Civil / Plumbing
▪ Outfield renovation: mitigate uneven ground due to squirrel infestation, float outfield, aerate, re- seed or sod where necessary. (Sod now required due to gopher infestation, w/ new mesh to be installed beneath sod.)
▪ Repair and/or installation of new irrigation system.
▪ Infield renovation: scarify, add infield mix, level, and renovate crown. Re-do all pitching mounds (baseball play only, excludes Mason, Montgomery, and Gurule softball field). o Electrical
▪ Replace all scoreboards with wireless.
▪ Upgrade all lighting (ballfield, building, and security lighting) to LED. Solar lighting is excluded. ▪ Replace wooden lighting poles with standard steel or aluminum Musco, or approved equal.
• Huchabaa Field:
o Architecture
▪ To properly protect the integrity of the synthetic turf field, will add control features such as a perimeter wrought-iron fence and locking entry gates, etc. ▪ Remodel existing concessions building. The scope includes replacing flooring, counter and sink, wall paint, new storage room(s) shelving, restroom upgrades (floor, fixtures, wall covering , and ADA compliance).
o Structural
▪ Fence footing details.
▪ Footing details for outfield batter’s eye at Huckabaa Field.
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Speicher Park Improvements, PR 23-006 | Page 11
o Landscape / Civil
▪ Installation of drainage system.
▪ Remove outfield grass and replace it with Synthetic Turf. ▪ Grading.
▪ Ground squirrel infestation created outfield and infield holes and ruts. Design to include re - grading and new synthetic turf (floating the outfield). ▪ Infield crown renovation.
▪ Accessible ramp to connect middle ADA parking at large parking lot to bleacher area. ▪ Assess and renovate irrigation system for proper coverage ▪ Relocate existing irrigation line so that it is no longer under Huchabaa field.
o Mechanical
▪ Engineering for existing concessions building remodel in accordance with Health Department Requirements
• Replace evaporative cooler.
• Provide required heating unit at kitchen & office.
• Provide Grease Trap at new 3-comp sink
• Plumbing adjustments to (3) restrooms and connections to new fixtures, including 3 - comp sink.
• Evaluate and resize the water heater as needed.
• Montgomery and Mason Fields (No Mound at Softball Field):
o Architecture / Plumbing
▪ Demo existing Concessions Building (secure electrical room) and replace with prefab unit to include restrooms and small storage.
o Landscape / Civil
▪ Ground squirrel infestation created turf (and infield) holes and ruts. Design to include re-grading the turf (floating the outfield) and infield crown renovation. o Civil
▪ Remove and replace sod. New grading as required.
▪ Replace the existing asphalt walking areas around the concessions/electrical building with concrete.
▪ Accessible ramp to connect northerly ADA parking at large parking lot to both fields and concessions building.
• O’Grady Field (Only):
o Landscape / Civil
▪ Remove existing organic turf from the infield and replace it with dirt. ▪ Restore quick coupler once the synthetic infield turf is removed.
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• Gurule Field (Only):
o Electrical
▪ Repair Third Base light pole “tripping” problem..
• O’Grady and Gurule Fields:
o Civil/Landscape
▪ Mitigate drainage problem behind backstop and First Base area for both fields – major flooding during rain.
▪ Three (3) accessible ramps: from concessions plaza to bleacher areas for O’Grady, Gurule, and between both fields.
▪ Assess and renovate irrigation system for proper coverage. ▪ Outfield renovation: mitigate uneven ground due to squirrel infestation, float outfield, aerate, re- seed or sod where necessary.
o Structural
▪ Add pads for new bleachers.
• General Park Improvements:
o Install score boards at all 5 ballfields.
o Install trash can receptacles and water fountains for new concession buildings. o Construct 4” concrete area between and around Montgomery and Mason Fields. o Remove and replace bleachers at all five (5) fields.
o Architecture
▪ Arden Parking Lot: Add (1) trash bin enclosure.
▪ Install (2) new trash bin enclosures at north end and south end of Large South-End Parking Lot. o Structural
▪ Slab and footing details at (3) trash bin enclosures. o Landscape
▪ Install more trash receptacles around ballfield buildings. ▪ Install new accessible drinking fountains around ballfields. ▪ Install new outdoor fitness equipment stations around north walking path. o Civil
▪ Grading & Drainage for (3) new trash enclosures.
o Parking lot improvements
▪ Large South-End Parking Lot Rebab: Asphalt Content – full depth replacement at patches where existing AC is failing, grind and overlay, re-stripe lot, re-grade ADA stalls to meet required slopes, accessible curb ramps at 3 (three) locations, ADA signage, and directional arrows (Egress & Ingress).
▪ Arden Parking Lot: full depth replacement at patches where existing AC is failing, slurry seal, restripe, re -grade ADA stalls to meet required slopes, one (1) accessible curb ramp, and ADA signage.
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Exhibit B-1
CITY OF SAN BERNARDINO
DESIGN SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into as June 21, 2023 by and between the City of San Bernardino, a charter city and municipal corpor ation 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, California 92401 (“City”), and IDS Group, Inc., a California Corporation with its principal place of business at 1 Peters Canyon Road, Suite 130, Irvine, CA 92606 (hereinafter referred to as “Designer”). City and Designer are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2. RECITALS.
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 Speicher Memorial Park Ballfield Improvements Project ("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 discretionary approval of the City, which approval shall not be unreasonably withheld. Additionally, Designer shall comply with all Federal requirements applicable to the Services as set forth in Exhibit “A-I.”
3.1.2 Ter m. The term of this Agreement shall be from June 21, 2023 to June 21, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
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Exhibit B-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 Said Hilmy to act as the Project Designer for the Project. The Project Designer shall: (1) maintain 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) act as principal contact with City and all contractors, consultants, engineers and inspectors on the Project. Any change in the Project 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, SE, LEED AP, Principal
John Silber, AIA, Principal Architect
Ricardo Bermudez, NCARB, LEED AP, Quality Assurance/Quality Control
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 other consultants. All consultants, including changes in consultants, shall be subject to approval by City in its sole and reasonable discretion. De signer 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 Q ualification and License. All architects, engineers, experts and other consultants retained by Designer in performance of this Agreement shall be qualified to perform
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Exhibit B-3
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 A ssignments 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 suffici ent 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 P erformance 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 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
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Exhibit B-4
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 prov isions 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. De signer 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 wit h 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 A mericans 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 wh ich 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 with 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 purs uant to the indemnification provisions of this Agreement.
3.5.4 P ermits, 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.
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
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Exhibit B-5
Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-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 ex perience 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 Agreement. 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) L iability for Non-compliance.
(i) Indemnity: Failure to comp ly 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, office rs, 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 or dinances 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) D efense: 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 regula tions 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 (CAR B). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equi pment 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 la ws, 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.
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Exhibit B-6
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 Ti mely 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 approv al 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 pur suant to the indemnification provision of this Agreement.
3.7.4 E xcusable 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
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Exhibit B-7
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 restrictio ns; 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 sole 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 De finition. 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 pr ovisions herein, so long as such services are not made necessary through the fault of Designer pursuant to the indemnification provision of this Agreement.
3.8.3 E xamples of Additional Services. Such Additional Services shall not include any redesign or revisions to drawings, s pecifications 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 Ag reement above. Such Additional Services may include, but shall not be limited to:
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Exhibit B-8
(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 st ructures, land features, improvements, sewer, water, gas, electrical and utility lines, topographical information and boundary dimensions of the site, and any other such pertinent information.
3.9.3 B id Phase. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project.
3.9.4 Tes ting. 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.
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Exhibit B-9
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 reviewi ng or licensing agency, or other agency having approval jurisdiction over the Project.
3.9.7 Cit y’s Representative. The City hereby designates Charles E. McNeely, Interim City Manager 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 Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance, 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 R eview 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 Eighty Thousand Nine Hundred Forty-Three Dollars ($180,943) (“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 P ayment 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 compensated 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 per form any Additional Services, Designer shall be compensated therefore 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. 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 R eimbursable 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
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Exhibit B-10
Exhibit “C” attached hereto. Such reimbursabl e 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 expens es 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 accordance 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 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.
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Exhibit B-11
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 Laws, 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 Prevaili ng 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 offici als, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against 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.
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Exhibit B-12
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 D ocuments and Other Data. Upon suspension, abandonment or termination, Designer shall provide to City all preliminary studies, sketches, working drawings, specifications, computations, and all other Projec t 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, physic al drawings and data magnetically or otherwise recorded on computer diskettes (hereinafter referred to as the “Project Documents”) shall be and 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 foll owing 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.
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Exhibit B-13
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 di scretion 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 interprete d 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 aris ing 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, desi gns 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 previo usly 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.
3.13.5 C onfidentiality. 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 th e Project Documents 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
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Exhibit B-14
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 offici als, 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 obligat ion 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 A dditional Insured. The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Designer’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.
3.15.3 Co mmercial 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
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Exhibit B-15
(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 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.
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Exhibit B-16
(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 amounts 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 in clude 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.
3.15.8 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
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Exhibit B-17
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 (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.
3.15.9 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.
3.15.10 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 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 date 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 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.
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Exhibit B-18
(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.
3.15.11 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.
3.15.12 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.
(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.
3.15.13 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
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Exhibit B-19
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 examine, 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, docum ents, 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.
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 City 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
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Exhibit B-20
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.
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 Agreem ent. 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
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Exhibit B-21
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: Interim 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.
1 Peters Canyon Road, Suite 130
Irvine, California 92606
Att: Said Hilmy, Principal
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.
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, gi ft 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 C onflict 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,
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Exhibit B-22
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 with all relevant pr ovisions 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.
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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Exhibit B-23
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:
Charles E. McNeely
Interim City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger, LLP
City Attorney
IDS GROUP, INC.
Signature
Name
Title
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Exhibit B-24
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. The following services shall be excluded from the basic services listed above: 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 drawings, specifications an d 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 fr om 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 allowance. It shall be the duty of the Designer to design the Project within budget. As discussed
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Exhibit B-25
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 Schemati c 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, includi ng 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.
4. DESIGN DEVELOPMENT PHASE.
During the design development phase of the Project, Designer shall do all of the following, as well
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Exhibit B-26
as any incidental services thereto:
4.1 Design Development Documents. Once City provides Designer with specific written approval of the Schematic Plans des cribed 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:
(1) the Project construction work to be done; (2) the materials, workmanship, finishes, and equipment required for the architectural, structur al, 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
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Exhibit B-27
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 Projec t. In addition, the Final Working Drawings and Specifications must be in such form as will enable City to obtain, by competitive 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 Proj ect. 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 review processes with the Final Working Drawings and Specifications, and to hire an independent designer or other consultant to perform such reviews. Any su ch independent constructability review shall be at City’s expense. Designer shall make all Ci ty-requested changes, additions, deletions, and corrections in the Final Working Drawings an d 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 judgm ent. 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 wi ll 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 agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.
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Exhibit B-28
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, Supplement ary 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 Esti mate, 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:
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.
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Exhibit B-29
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.
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
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Exhibit B-30
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 Constr uction Documents. Designer shall immediately notify the City and contractor(s) of such rejecti ons. 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 to 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 Council 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 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.
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Exhibit B-31
8.21 Warranties. Designer shall review materials assembled by the contractor and subcontractors with regard to all written warr anties, 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 an “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:
10.1 Advice. Designer shall provide advice to City on apparent deficiencies in the Project during any applicable warranty periods for the Project.
11.1 Federal Provisions. Funds from the Coronavirus State Fiscal Recovery Fund and/or the
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Exhibit B-32
Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall co mply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:
11.1.1 Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”); U.S. Department of the Treasury (“Treasury”) Final Rule for the Act;
11.1.2 Treasury Compliance and Reporting Guidance for the Act;
11.1.3 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S.
Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury;
11.1.4 Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and
11.1.5 Federal contract provisions attached hereto as Exhibit “D” and incorporated herein by reference.
11.1.6 Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.
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Exhibit B-33
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 th e 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.
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Exhibit B-0
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Exhibit B-1
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Exhibit B-0
2. PHASING/FUNDING SCHEDULE.
Progress payments towards Total Compensation shall never exceed the following percentages of Total Compensation as of the phase indicated:
Initial Planning Phase: ________ percent (%____)
Schematic Plan Phase: ________ percent (%____)
Design Development Phase: ________ percent (%____) Final Working Drawings & Specifications Phase: ________ percent (%____) Construction Contract Documents Phase: ________ percent (%____) Bid Phase: ________ percent (%____)
Construction Phase: ________ percent (%____)
As-Built Drawings Phase: ________ percent (%____)
Warranty Period Phase: ________ percent (%____)
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Exhibit B-1
EXHIBIT C
COMPENSATION RATES AND REIMBURSABLE EXPENSES
1. HOURLY COMPENSATION RATES.
N/A
2. REIMBURSABLE EXPENSES.
N/A
3. ADDITIONAL SERVICES.
Additional Services shall be computed at the actual hourly rates listed above.
4. ADDITIONAL CONSULTANTS.
If City requires Designer to hire consultants to perform any Additional Services, Designer shall be compensated therefore at the Designer’s actual hourly rates plus 0%. Owner shall have the authority to review and approve the rates of any such consultants.
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Exhibit B-2
EXHIBIT "D"
FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, t he federal contract provisions in this Exhibit “D”.
1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience.
(b) A ppendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement:
(i) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other fo rms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(ii) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(iii) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an inve stigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. (iv) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's 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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Exhibit B-3
(v) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedi es invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event the Consulta nt becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.
The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:
Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement.
The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The City further agrees that it will refrain from en tering 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
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Exhibit B-4
Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF.
(d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF.
(e) A ppendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) Overtime Requirements. No contra ctor 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. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally-assisted cont ract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR §
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Exhibit B-5
401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties , assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Consultant must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.. (g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act:
(i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension:
(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is requ ired to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in an y federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement.
(i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier
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Exhibit B-6
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 lobbyi ng with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” (k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(2) Telecommunications or video surveillance services provided by such entities or using such equipment.
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Exhibit B-7
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts.
(ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.
(b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when ec onomically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of th e Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.
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Exhibit B-8
(c) Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.
3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS
LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS
(a) Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing.
Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project. (b) C ompliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes , regulations, and executive orders, including, without limitation, the following:
(i) Universal Identifier and System for Award Management (SAM), 2 C.F.R.
Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
(ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R.
Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R.
Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.
(iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part
20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
(c) Compliance with Federal Statutes and R egulations Prohibiting Discrimination.
Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following:
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Exhibit B-9
(i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.
(ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability.
(iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
(d) False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
(e) Protections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (ii) The list of persons and entities referenced in the paragraph above includes the following:
(1) A member of Congress or a representative of a committee of Congress;
(2) An Inspector General;
(3) The Government Accountability Office;
(4) A Treasury employee responsible for contract or grant oversight or management;
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Exhibit B-10
(5) An authorized official of the Department of Justice or other law enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) R educing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) A ssurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provis ions of this assurance apply to the Project, including, but not limited to, the following:
(i) Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibit s 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.
(ii) Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Pr oficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project.
(iii) Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of th e Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. (iv) Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided.
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Exhibit B-11
(v) Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s subcontractors, successors, transferees and assignees:
The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Depa rtment of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement).
(vi) Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property. (vii) Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii) Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI. (ix) Consultant must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide document ation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state. (x) If Consultant makes sub-awards to other agencies or other entities, Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance.
COMPLIANCE WITH AMERICAN RESCUE PLAN ACT (ARPA)
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Exhibit B-12
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 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
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Exhibit B-13
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 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.
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 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 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.
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 working conditions which are unsanitary, hazardous or dangerous to health or safety. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
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Exhibit B-14
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 classification as specified in both the Federal and California wage decisions. See Section 3.10.6 “Prevailing Wages” for additional information regarding California Prevailing Wage Rate Requirements and the applicable general prevailing wage determinations which are on file with the City and are available to any interested party on request. The higher of the two applicable wage determinations, either California prevailing wage or Davis-Bacon Federal prevailing wage, will be enforced for all applicable work/services under this Contract.
I. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by Title 41 U.S.C. Section 1908, must address administrative, contractual, or legal remedies in instances where Contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
J. All contracts in excess of $10,000 must address termination for cause and for convenience by the non- Federal Contractor including the manner by which it will be effected and the basis for settlement.
K. Equal Employment Opportunity. Except as otherwise provided under Title 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted construction contract” in Title 41 C.F.R. Section 60-1.3 must include the equal opportunity clause provided under Title 41 C.F.R. Section 60-1.4(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:
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Exhibit B-15
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or wo rkers' 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
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Exhibit B-16
such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
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 violati on 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.
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Exhibit B-17
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. T he use of funds must also adhere to official federal guidance issued or to be issued on what constitutes an eligible expenditure. Any funds expended by Contractor or its subcontractor(s) in any manner that does not adhere to official federal guidance shall be returned to the County. Contractor agrees to comply with all official guidance regarding the ARPA CLFRF. Contractor also agree that as additional federal guidance becomes available, an amendment to this Contract may become necessary. If an amendment is required, Contractor agrees to promptly execute the Contract amendment.
P. Contractor shall retain documentation of all uses of the funds, including but not limited to invoices and/or sales receipts in a manner consistent with Title 2 C.F.R. Section 200.334 (retention 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 20 th 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.
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Exhibit B-18
W. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (nonprocurement), Title 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to Title 2 C.F.R. Part 180 and Treasury’s implementing regulation at Title 31 C.F.R. Part 19.
Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 C.F.R.
Section 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at Title 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. Part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
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.”
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Exhibit B-19
FF. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is being encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles.
GG. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor is being encouraged to adopt and enforce policies that ban text messaging while driving and establishing workplace safety policies to decrease accidents caused by distracted drivers.
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 rece iving federal financial assistance, 42 U.S.C.
Section 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, Title 31 C.F.R. Sections Part 22, and herein incorporated by reference and made a part of this contract or agreement.”
JJ. Contractor shall cooperate in any enforcement or compliance review activities by the City, and/or the Department of the Treasury. Contractor shall comply with information requests, on-site compliance reviews, and reporting requirements.
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Exhibit B-20
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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Attachment 4
Speicher Memorial Park
1000 ft
N➤➤
N
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 4, 2026
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 Jerry Lewis Family Swim Center Improvements Project to
Rogers Stringer & McClelland, Inc. in the Amount of
$76,000, and Contingency of $24,000 for a Total Amount of $100,000 (Ward 2)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California;
1. Approve the award of a Design Services Agreement with Rogers Stringer & McClelland, Inc. in the amount of $76,000 for the Jerry Lewis Family Swim Center Improvements Project; and
2. Authorize a contingency amount of $24,000, bringing the total budget for the design services agreement to $100,000; and
3. Authorize the City Manager or designee to execute all documents with Rogers Stringer & McClelland, Inc.; 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 proposed Professional Design Services Agreement will allow the City to proceed with the design phase of the Jerry Lewis Family Swim Center Improvements Project, a critical capital improvement initiative intended to address aging mechanical, electrical, plumbing, and civil components at one of the City’s primary public aquatic
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facilities.
The Project will result in the preparation of complete, bid-ready plans, specifications, and cost estimates (PS&E), enabling the City to advance into construction and ensure the facility remains safe, functional, and compliant with applicable codes and standards. The project will be funded through Measure S.
Background
The Jerry Lewis Family Swim Center, located at 831 E Highland Ave, San Bernardino, CA 92404, is a heavily utilized public aquatic facility serving residents, families, and community programs throughout the City. Due to continuous operation, exposure to the elements, and aging infrastructure, the facility has experienced significant wear and deterioration affecting operational reliability and user experience.
To address these conditions, the City initiated the Jerry Lewis Family Swim Center Improvements Project. The Project focuses on rehabilitation and replacement of critical pool filtration systems, pumps, mechanical and electrical components, chemical control systems, plumbing fixtures, concrete pavement slab areas, drainage improvements, and associated accessibility upgrades. Timely completion of the design and construction phases is necessary to preserve the facility and support continued public use.
Discussion
Staff recommends approval of a Professional Design Services Agreement with Rogers Stringer & McClelland, Inc. to provide comprehensive professional design services for the Jerry Lewis Family Swim Center Improvements Project. The term of the Design Services Agreement shall be from February 4, 2026, to February 4, 2027, unless earlier terminated as provided therein. The consultant shall complete the required services within the term of the agreement and in accordance with established schedules and deadlines.
The design will address improvements to the pool’s filtration, recirculation, heating, and chemical treatment systems, including replacement of outdated equipment, piping, controls, and associated components necessary to improve operational efficiency and water quality. Electrical and ventilation systems serving the pump and chemical storage rooms will also be evaluated and designed for replacement or upgrade, including improvements to electrical panels, conduits, exhaust fans, and ductwork suitable for the operating environment.
In addition, the design will include improvements to domestic hot water systems, shower fixtures, and plumbing controls serving the facility, as well as upgrades to pump room access components such as doors, roll-up access doors, and other features. Site and drainage improvements adjacent to the pump room will be addressed to correct existing drainage deficiencies and reduce water intrusion into critical facility areas.
The consultant will prepare complete, bid-ready construction plans, specifications, and engineer’s cost estimates that incorporate these improvements and conform to the
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2025 California Building Code, Title 24, Chapter 31B (Public Swimming Pools), and all other applicable codes and standards.
The contingency amount reflects the complexity of rehabilitating an aging aquatic facility, potential unforeseen conditions uncovered during design development, and coordination with regulatory agencies, including public health and building officials. The contingency also provides flexibility to address additional scope elements, scope refinements, and technical requirements that may be identified during the preparation of complete, bid-ready plans and specifications.
The City advertised RFP F-25-1041 on PlanetBids seeking qualified firms to provide professional design engineering services for this project. The solicitation outlined the project scope, evaluation criteria, and selection procedures in accordance with the City’s Purchasing Ordinance and applicable State regulations On December 22, 2025, the City received one (1) proposal, submitted by Rogers Stringer & McClelland, Inc. City staff conducted a thorough review of the proposal to verify responsiveness, qualifications, relevant experience, technical approach, staffing, and overall ability to meet project objectives. Although only one proposal was received, staff determined that Rogers Stringer & McClelland, Inc. is qualified, responsive, and capable of performing the required services. The proposed fee was reviewed and determined to be fair and reasonable for the scope and complexity of work involved.
Proceeding with the award will allow the City to maintain project momentum and advance toward construction without delay.
2021-2025 Strategic Targets and Goals
This project supports Goal No. 4 - Improved Quality of Life, which emphasizes the enhancement and preservation of public facilities and infrastructure to promote safety, accessibility, and community well-being.
The Jerry Lewis Family Swim Center Improvements Project directly advances this goal by rehabilitating a vital recreational facility, improving operational reliability and extending the useful life of a key community asset.
Fiscal Impact
The Jerry Lewis Family Swim Center Improvements Project will be funded by Measure S, as adopted in the City’s FY 2025/26 budget. There are sufficient funds in the department’s FY 2025/26 Capital Improvement Program (CIP) budget to fully fund the Design Services Agreement, including the authorized contingency.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California;
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1. Approve the award of a Design Services Agreement with Rogers Stringer & McClelland, Inc. in the amount of $76,000 for the Jerry Lewis Family Swim Center Improvements Project; and
2. Authorize a contingency amount of $24,000, bringing the total budget for the design services agreement to $100,000; and
3. Authorize the City Manager or designee to execute all documents with Rogers Stringer & McClelland, Inc.; 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, Rogers Stringer & McClelland, Inc.
Attachment 3 Location Map
Ward:
Ward 2
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 February 4, 2026 (“Effective Date***) 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, California 92401 (“City”), and Rogers Stringer & McClelland, Inc., a California Corporation, with its principal place of business at 1981 N Broadway Ste 202, Walnut Creek, CA 94596 (hereinafter referred to as “Designer”). City and Designer are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2. RECITALS.
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 Jerry Lewis Family Swim Center Improvements Project, CIP NO. PR24-002 ("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 subj ect 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 discretionary approval of the City, which approval shall not be unreasonably withheld.
3.1.2 Term. The term of this Agreement shall be from February 4, 2026 to February 4, 2027, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules 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 Rogers Stringer & McClelland, Inc. (Federal Tax I.D. Number: 87-2568755) to act as the Project Designer for the Project. The Project Designer shall: (1) maintain 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 r esponsible for the means, methods, techniques, sequences and procedures used for the Services; (5) adequately coordinate all portions of the Services; and (6) act as principal contact with City and all contractors, consultants, engineers and inspectors on the Project. Any change in the Project 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:
Jim McClelland, AIA
• Title: President / Architect
• License: California Licensed Architect (AIA)
Bernie Rogers, PE
• Title: Project Engineer
• License: California Registered Professional Engineer (PE)
Ron Bravo
• Title: Project Manager
• License: Not specified
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 other consultants. All consultants, including changes in consultants, shall be subject to approval
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3 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 maintaine d 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 consultant who fails or refuses to perform the Services in a manner acceptable to the City, shall
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4 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 al l 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 with 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 Porter -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 penalt ies 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 t he 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 appr oval 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 restricti ons; 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 ti er, 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, welf are 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 sole 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 t he 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 Seventy-Six Thousand Dollars ($76,000) (“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 Documents 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:
Rogers Stringer & McClelland, Inc.
1981 N Broadway Ste 202
Walnut Creek, CA 94596
Primary Contact: Bernie Rogers
Phone: (858) 248-5121
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
Rogers Stringer & McClelland, Inc.
APPROVED BY:
Jim McClelland, AIA
President / Architect
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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 review 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 breakdown of Total Compensation as of the phase indicated:
Task I - Conceptual Design $ 11,400.00
Task II - Construction Documents $ 49,400.00
Task III - Bidding and Construction Support $ 15,200.00 Total $ 76,000.00
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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:
2. HOURLY RATE SCHEDULE
PRINCIPAL $300.00/HOUR
ASSOCIATE $265.00/HOUR
PROJECT ARCHITECT $245.00/HOUR
PROJECT ENGINEER $220.00/HOUR
PROJECT MANAGER $175.00/HOUR
JOB CAPTAIN $150.00/HOUR
STAFF ENGINEER/ARCHITECT $150.00/HOUR
DESIGNER/DRAFTER $140.00/HOUR
ADMINISTRATION $150.00/HOUR
OFFICE AIDE $100.00/HOUR
ENTITLEMENT PRESENTATIONS $300.00/HOUR
3. REIMBURSABLE EXPENSES.
Reimbursable expenses shall be as defined and governed by Section 3.10.3 of the Design Services Agreement (DSA).
4. 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.
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Exhibit C-2
5. 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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PROPOSAL FOR THE CITY OF SAN BERNARDINO RFP F-25-1041
JERRY LEWIS FAMILY SWIM CENTER
DESIGN ENGINEERING SERVICES
DECEMBER 22, 2025
RSM Design | Engineering + 925.217.6620 + rsm-de.com 1981 N Broadway, Suite 202 + Walnut Creek, CA 94596
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2RSM Design | Engineering + 925.217.6620 + rsm-de.com
EXECUTIVE SUMMARY
December 22, 2025
City of San Bernardino
Vanir Tower
290 North D Street
San Bernardino, California
Subject: REQUEST FOR PROPOSALS (RFP F-25-1041) | PROFESSIONAL DESIGN ENGINEERING SERVICES FOR JERRY LEWIS FAMILY SWIM CENTER IMPROVEMENTS PROJECT CIP NO. PR24-002 We are pleased to present to you our professional qualifications and experience to provide Aquatic Consulting Services for the City of San Bernardino. The consulting team of Rogers Stringer & McClelland, Inc. (RSM) provides the depth of skills and creativity to be an excellent partner with the City on this proposed Project. Combined with our experience with aquatic projects throughout California and the continental United States, our multidisciplinary approach, and extensive history, RSM is the ideal consultant team to deliver this Project.
UNDERSTANDING OF THE PROCESS
We have worked on hundreds of pool projects from start to finish and know well the steps and potential pitfalls that could arise with any project of this size. We apply our value engineering principles to this process, to be able to complete this project on time and on budget. Experience with seeing projects through construction as well as in-field maintenance experience are key value areas that, when it comes to aquatic facility renovations, allow us to evaluate each facet of your facility and apply appropriate design solutions to your operational and programmatic objectives.
PERSPECTIVE
We offer truly integrated design services throughout every stage of the project. From day one, we combine the perspectives of aquatic programming, aquatic design, and architecture with those of geotechnical, structural and mechanical engineering. Our multidisciplinary structure provides the insight needed to effectively communicate and collaborate with City staff.
DEDICATED HISTORY
This team brings decades of experience and a large portfolio of projects of new and renovated aquatic facilities. From municipal recreation pools to collegiate competition facilities, our firm’s expertise is extensive. Our experience allows us to review potential issues before they arise, ask the right questions, and collaborate between the programming and design phase and construction phase to ensure the project is completed in the best way for our clients.
For this Project, Bernie Rogers, PE will serve as the Project lead and will speak for the design team during the evaluation process.
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Executive Summary................................................................................................................2
Table of Contents...................................................................................................................3 Firm Profile ..............................................................................................................................4 Key Personnel and Firm Staffing..........................................................................................5
Evidence of Corporate Stability...........................................................................................9 Experience and Technical Competence .........................................................................10
Project Experience...............................................................................................................13 Project Approach.................................................................................................................17
Fee Proposal.........................................................................................................................22
Litigation History ...................................................................................................................23
Additional Forms ..................................................................................................................24
3RSM Design | Engineering + 925.217.6620 + rsm-de.com
TABLE OF CONTENTS
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4 RSM Design | Engineering + 925.217.6620 + rsm-de.com
FIRM PROFILE
4RSM Design | Engineering + 925.217.6620 + rsm-de.com Rogers Stringer & McClelland, Inc.
Rogers Stringer & McClelland, Inc. (RSM) is an Aquatic Design and Swimming Pool Engineering firm which provides design and consulting services through its licensed and professional staff. We perform these services for public use, recreation, and competition swimming pools that include high schools, colleges, waterparks, municipal community pools, resort facilities, above-grade and in-ground hotel pools, multi-family residential pools, lazy rivers, splash pads and a variety of water features, fountains and water elements. As a product of our collaboration with community stakeholders and aquatic facility staff, we have established and maintain long-term relationships with a variety of both public and private clients.
Established in 2021, RSM continues the legacy of more than 30 years of professional services in the aquatics industry as Rowley International and as the Aquatics Division of Terracon Consultants, providing aquatic design and swimming pool engineering services to architects, owners, and contractors for hundreds of commercial swimming pool projects throughout the United States.
RSM is comprised of seven team members, including licensed professionals and technical support staff. We are fully committed to the advancement of swimming pool design and the swimming pool construction industry. We work with regional and national swimming pool contractors and understand the swimming pool construction process and schedule implications that are part of the development of aquatic facilities.
LEGAL NAME OF FIRM:
Rogers Stringer & McClelland, Inc. Years in Business: 4+ years Corporate Office:
1981 N Broadway Ste 202
Walnut Creek, CA 94596
Office Directing Project Design:
2210 Encinitas Boulevard, Suite J2
Encinitas, CA 92024
Primary Contact:
Bernie Rogers
E: [email protected]
P: 858.248.5121
Corporate Contact:
E: [email protected]
P: (925) 217-6619
www.rsm-de.com
State of Incorporation:
California
Federal Tax I.D. Number:
87-2568755
Number of Employees:
Seven (7) full time staff
Three (3) Licensed Professionals
Four (4) Technical Support Staff
Packet Page. 797
KEY STAFF
5RSM Design | Engineering + 925.217.6620 + rsm-de.com
BERNIE ROGERS // PE
Project Engineer
Bernie Rogers is a founding member of Rogers Stringer
& McClelland, Inc. and with his wealth of knowledge
in aquatic programs, provides critical planning skills
to the team. As a registered professional engineer,
he is responsible for the design and development of
schematic drawings, completing construction documents
and technical specifications, providing construction
administration services and managing continuing
education opportunities for the team with aquatic systems manufacturers and maintaining aquatic vendor relations.
Bernie’s aquatic experience also includes a swimming
and water polo background where he was a 4-year
NCAA All-American water polo player at the University
of California at Davis, and as Head Coach of the Men’s
Water Polo team at the California Maritime Academy in
Vallejo, California.
EDUCATION:
B.S. Mechanical Engineering
University of California, Davis
REGISTRATIONS:
Registered Engineer
California No. m41011
Oregon No. 100661PE
Idaho No. P-21576
AFFILIATIONS:
American Red Cross Lifeguard
NCAA All American - Water Polo
RELEVANT PROJECT EXPERIENCE
• Bassett High School Aquatic Center - La Puente, CA
• Los Alamitos High School Aquatic Center – Los Alamitos, CA
• Mountain Home Aquatic Center - Mountain Home, ID
• Burlingame High School - Burlingame, CA
• Cuesta College - San Luis Obispo, CA
• Concord Community Park - Concord, CA
• Neptune Pool at Hearst Castle – San Simeon, CA
• UC Davis Recreation Pool Renovation – Davis, CA
• Joe Centeno Aquatic Center – New Cayuma, CA
• Robert Livermore Pool Deck Replacement – Livermore,
CA
• Rifle Metro Pool – Rifle, CO
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KEY STAFF
6RSM Design | Engineering + 925.217.6620 + rsm-de.com Jim McClelland is the President of RSM. Jim’s expertise includes assisting clients to develop innovative, flexible and cost effective project solutions. His capabilities include all phases of project development, from site feasibility, programming, and budget setting to grand opening.
Jim’s expertise in aquatics facilities is a result of many years as a competitor, coach, as well as a facility and event manager. He is recognized for providing pragmatic guidance to clients seeking to develop or renovate
competition and recreation aquatic centers.
As an active member of the northern California aquatics community, Jim was the head water polo coach at
Northgate High School from 2005 to 2019.
Jim utilizes his 40-plus years of architectural experience and his successful coaching and team building experience to the benefit of RSM’s clients.
EDUCATION:
B.S. Architecture
Arizona State University
University of Southern California
Glendale Community College
REGISTRATIONS:
American Institute of Architects
California Parks & Recreations
Society
Walnut Creek Aquatic Foundation
Northgate Community Pride
Foundation
Certified Coach, USA Water Polo
JIM MCCLELLAND // AIA
President, Architect
RELEVANT PROJECT EXPERIENCE
• Los Alamitos High School Aquatic Center – Los Alamitos • Sonoma Valley High School Aquatics Center – Sonoma,
CA
• Ambrose Community Pool – Bay Point, CA
• Brecksville Aquatic Center – Brecksville, OH
• Ladera Recreation District Pool – Portola Valley, CA
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KEY STAFF
7RSM Design | Engineering + 925.217.6620 + rsm-de.com Since joining Rowley International in 1987, Ron has
completed a wide variety of Aquatic Projects ranging
from historic pool renovations to large multi-pool facilities.
His primary responsibilities have included, project
management, project cost estimation, preparation
of Construction Documents including drawings and
specifications, and construction administration.
His personal interests in the design, construction, and operation of commercial aquatic facilities has been
forged out of his 30+ years of experience. Additionally, Ron is working with the engineering staff to improve the quality and accuracy of our engineering and construction documents, a hallmark of our practice.
Diverse project experience and his personal interests have rendered Ron readily an expert in evaluating numerous
problem conditions affecting all phases of swimming pool planning, design and construction.
EDUCATION:
B.S. Industrial Technology
California Polytechnic State
University
San Luis Obispo, 1986
AFFILIATIONS:
Aquatic Facility Operator (AFO)
Certified Pool Operator (CFO)
RON BRAVO
Project Manager
RELEVANT PROJECT EXPERIENCE
• Burlingame High School Aquatic Center – Burlingame, CA • Exposition Park Intergenerational Community Center, LA • UNLY McDermott Pool Replacement - Las Vegas, NV
• USC McDonalds Swim Stadium - Los Angeles, CA
• Morgan Hill Aquatic Center - Morgan Hill, CA
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FIRM STAFFING AND PERSONNEL
PROJECT MANAGER (PM)
Bernie Rogers, PE
(M41011)
Project Lead, Project Engineer
RSM TEAM MEMBERS
Ron Bravo
Aquatic Designer (Technical)
Rob Dinelli
Senior Designer
Giulia Zecchetto
Project Assistant
Jim McClelland, AIA
(C21797)
QA/QC, Project
Architect
QA/QC
Phase
RSM Staff Subconsul-
tants
Bernie
Rogers
Jim
McClelland
Ron
Bravo
Rob
Dinelli
Giulia
Zecchetto
ACIES
Task I - Conceptual Design
Task II - Construction
Documents
Task III - Bidding and
Construction Support
Architect / Engineer of
Record
Technical Support
Subconsultant
Staffing Plan
SUBCONSULTANT
ACIES
MEP Engineer
Packet Page. 801
EVIDENCE OF CORPORATE STABILITY
9RSM Design | Engineering + 925.217.6620 + rsm-de.com December 22, 2025
City of San Bernardino
Vanir Tower
290 North D Street
San Bernardino, California
Regarding: Request for Proposals (RFP F-25-1041) | RSM Fiscal Stability To Whom It May Concern,
This letter is provided to formally describe the fiscal stability and ownership structure of Rogers Stringer & McClelland, Inc. (RSM).
RSM is financially stable and operates with a strong balance sheet, consistent revenue streams, and prudent financial management practices. The company maintains adequate liquidity to meet its obligations and has demonstrated responsible budgeting and controlled operating expenses. RSM has seen sustainable growth since its inception in 2021, growing at least 20% per year with revenues exceeding $1.3 million dollars in 2025.
The company has no outstanding financial issues that would materially impact its ability to conduct business. All financial obligations are met in a timely manner, and the company remains in good standing with its financial institutions.
RSM’s financial records are reviewed by a licensed CPA on an annual basis.
Ownership Structure
RSM is owned by the following individuals and/or entities:
Bernie Rogers, Principal, CFO – 33% ownership
Danny Stringer, Principal, VP – 33% ownership
Jim McClelland, Principal, President – 33% ownership
This ownership structure has remained unchanged since RSM’s establishment in 2021.
Should you require additional information or supporting documentation, please do not hesitate to contact us.
Sincerely,
Bernie Rogers
CFO
Rogers Stringer & McClelland, Inc.
(925) 217-6619
[email protected]
Packet Page. 802
History & Background
Rogers Stringer & McClelland, INC. (RSM) is a professional consulting firm which provides high quality aquatic design services to public and private clients throughout the United States. RSM’s staff is a team of professionals across architectural and engineering disciplines with extensive professional and personal aquatic experience. Client facing licensed professionals are at the core of RSM’s services, ensuring every project has a licensed professional fully engaged from throughout each project.
Founded in 2021, RSM’s strength is built on the extensive experience of the its predecessor firms. Dr. William N. Rowley has been the benchmark of Aquatic Consultants for over forty years. The original founder of Rowley International INC (RII), Dr. Rowley was a world leader in all aspects of pool design as well as a stalwart supporter of the needs for advance study in aquatic safety and suction entrapment. His legendary work continued with Terracon Consultants, Inc (TCI). Terracon Consultants, a national leader in Environmental, Facilities, and Geotechnical Engineering and Material Services, acquired Rowley International in 2016 and continued to expand its nationwide coverage while developing its aquatics group into a full service department to include geotechnical, structural and electrical engineering for aquatic facility design. Natural progression of the aquatic department led to the emergence of Rogers Stringer & McClelland, Inc. (RSM) in 2021.
Since the firm’s founding RSM, driven by highly skilled professionals dedicated to developing personalized and timely service, has enjoyed steady growth. RSM recognizes that at its core, it is a professional services company that understands that continually providing high quality professional services is essential to continuing success as an organization.
Services
From initial evaluations of existing facilities to construction administration services, RSM has the expertise and skill to be a highly effective and beneficial partner to your Project team.
Whether you’re in need of aquatic programming, detailed feasibility studies, conceptual renderings or comprehensive construction documents, RSM is fully equipped to meet your Project requirements. RSM is committed to providing continual guidance and support, ensuring that you have access to knowledge and solutions needed to make informed decisions through your project’s life cycle.
Our experience and consulting services we provide include:
• Existing Facility Evaluation
• Aquatic Feasibility Studies
• Distressed Facility (Forensic) Evaluation
• Renovation / Historic Restoration
• Programming and Concept Design
• Full Service Design
EXPERIENCE AND TECHNICAL COMPETENCE
10RSM Design | Engineering + 925.217.6620 + rsm-de.com • Aquatic Design
• Swimming Pool Structural Engineering
• Swimming Pool Electrical Engineering
• Construction Observation
• Energy Conservation Analysis
• Third Party Document Review
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EXPERIENCE AND TECHNICAL COMPETENCE
11RSM Design | Engineering + 925.217.6620 + rsm-de.com Existing Facility Evaluation and Renovation
RSM assists its clients in making informed decisions regarding options for their facility. We work with communities and private sector clients for the purpose of extending or enhancing the life and revenue stream of an existing facility. The first step in this process is to evaluate the existing facility’s strengths, weaknesses, and options.
From swimming pool energy conservation to potential pool deck-related failures and unique historical restoration issues, owners need flexible, customized, cost-effective solutions to maintain safe and efficient pool operations.
Whether your swimming pool is for public use, recreation, or competition, you are consistently faced with maximizing efficiency, conserving energy, and improving existing design and installation situations. In some cases, owners elect to preserve community history by restoring a swimming pool to its original design while updating it to current codes.
RSM’s knowledge and experience includes these types of restoration projects.
Owners often find their existing pools are over-programmed and/or undersized. New aquatics facilities must have flexibility to accommodate as many different users as possible, from child swim lessons to senior water aerobics classes to competitive club team practices and events. Temperature, depth, and flexible zones within each body of water are keys to a cost-efficient, fully functional aquatics facility.
RSM’s aquatic design, structural, and electrical engineering services provide you a depth and breadth of experience essential to finding appropriate solutions to all design challenges.
Our aquatics work is performed within this larger context to ensure the long-term integrity of your new or existing swimming pool project. Our in-house expertise also provides an added level of assurance that architectural and engineering design by the project team is fully coordinated to meet the needs of an indoor or outdoor aquatic facility.
The City of El Cerrito recently completed a swimming pool resurfacing project with RSM.
Packet Page. 804
12RSM Design | Engineering + 925.217.6620 + rsm-de.com
EXPERIENCE AND TECHNICAL COMPETENCE
FACILITY RENOVATION
Programming and Concept Design
RSM is experienced in and conversant with programming and planning of swimming pool facilities for both recreational and competitive use. We work with our clients to create a plan that enhances and optimizes our clients’ vision and goals. The initial planning process for a swimming pool facility is perhaps the most important phase in determining the future success of the project. We assist our clients in evaluating the site and use our experience in the programming and master planning of swimming pool facilities to establish objectives to optimize end-user benefits. We meet with the client and involved parties, educate them in the new trends in recreational swimming and provide knowledge in the requirements for competitive sports between the various governing bodies for swimming, water polo, diving, and synchronized swimming. The outcome of these meetings provides clear direction for the development of the project, and is the first step in capturing community and user group involvement for its future success.
Programming and Concept Design
Once programming requirements have been addressed, we work within the project budget parameters to transform concepts into design documents. We evaluate geological and topographic conditions, as well as existing or planned utility infrastructure. We then provide swimming pool circulation, filtration and sanitization system design, as well as structural engineering of the swimming pool shell. Construction documents and specifications are prepared utilizing the latest in AutoCAD and REVIT technology as part of our design services. Coordination with local governing jurisdictions at the early stage of the design process assures timely approvals of documents for the required permits to construct and operate the facility.
Construction Administration
RSM’s experience includes working with all regional and state commercial swimming pool contractors as well as many national contractors. We understand the swimming pool construction process, techniques, and schedule implications that arise as part of typical swimming pool construction.
“I have had the opportunity to work with RSM (as Terracon Consultants, Inc.) as both a Construction Manager and Contractor.
In the capacity of a Contractor, I worked with RSM to construct four pools for the San Mateo Union High School District as well several others throughout Northern California. In the capacity of a Construction Manager, I worked with RSM on several other pools in Northern California at both the San Mateo Union High School District and the Novato Unified School District. The RSM team was exceptionally professional and collaborative throughout and it is my pleasure to write this letter of recommendation. Overall, the entire project team has a great working dynamic and each member contributed to the success of the each of the above projects. The RSM team continuously perform above expectation to provide the District staff and students with incomparable design and professionalism. I would be pleased to work alongside them again.” - John Dilena, Greystone West Company
Packet Page. 805
13RSM Design | Engineering + 925.217.6620 + rsm-de.com
PROJECT EXPERIENCE
The City of El Cerrito contracted with the RSM team as the prime design consultant for the replaster of the Swim Center Recreation Pool. The existing pool had major plaster delamination issues, rust staining from reinforcement and wire ties, and some structural cracking. RSM created construction documents, obtained health and building department approval and remained on the job through construction.
RSM made several site visits during the construction phase of the project to make quick, educated decisions as the plaster was removed and troubled areas were observed.
CITY OF EL CERRITO SWIM CENTER
El Cerrito, California
Client/Owner:
City of El Cerrito
Client Contact:
Christopher Jones
Recreation Director
City of El Cerrito
(510) 501-4763
Dates:
Contract: January 2022
Project Completed: June 2023
Project Cost:
Original Amount: $400.000
Scope:
Aquatic Design
Structural Engineering
Packet Page. 806
PROJECT EXPERIENCE
14RSM Design | Engineering + 925.217.6620 + rsm-de.com Redwood High School’s existing 40-meter competition
pool was experiencing significant plaster delamination’s and the cantilever deck is experiencing significant
structural cracking and spalling. RSM was selected to do the engineering design for a swimming pool replaster and retile, a deck replacement, fencing replacements, external shower improvements, addition of Musco sports lighting, a scoreboard replacement and all required accessibility and egress upgrades. In a secondary increment to this
project, RSM also did the design for solar water heating for the pool consisting of 159 solar water heating panels, spanning two roofs with seismic and thermal expansion
joints.
The funding for the project fell short and the final scope of construction was only a pool replaster and retile and accessibility and egress upgrades from the public path
of travel to the site. The design for all but the solar water heating was DSA approved and may be constructed in the
future. The Solar Water heating system was fully designed, but RSM was directed to stop work on the project prior to final DSA approval.
REDWOOD HS SWIMMING POOL
Larkspur, California
Client/Owner:
Tamalpais School District
Client Contact:
Mike Woolard
Senior Director of Facilities
PO Box 605
Larkspur, CA 94977
Phone: (415) 945-1056
Email: [email protected]
Dates:
2024-Current
Square Footage: 9885 sq ft
Project Cost:
$TBD
Scope:
Competition pool replaster and
sccessible upgrades
RFIs: 5
Change of Orders: 2
Packet Page. 807
PROJECT EXPERIENCE LOS ALAMITOS
15RSM Design | Engineering + 925.217.6620 + rsm-de.com RSM has teamed with SVA Architects to design a aquatic
center for Bassett Unified School District to replace their existing facility. The design portion of the project was put on hold in 2018 and again in 2020 but was restarted in 2022.
DSA approved the construction documents in August of
2023 and construction is scheduled to begin in early 2024.
The new swimming pool will be 30-meters by 25 yards and provided sufficient space for NFHS/CIF swim meets and
water polo events with additional pool space for warm-
up and cool-down areas.
The facility will be constructed with a fully recessed gutter with a cantilevered deck and feature bleachers, shade
structures, fully chromatic video scoreboard and a new
support building with restrooms and staff rooms. The
recirculation systems will feature energy efficient variable frequency drives, high rate sand filtration systems and high efficiency heaters that provide the facility with much needed energy savings.
BASSETT HS AQUATIC CENTER
La Puente, California
Client/Owner:
Bassett Unified School District
Client Contact:
Douglas Brown
Senior Associate Partner
SVA Architects, Inc.
(949) 809-3380
[email protected]
Dates:
Contract Start: July 2017
DSA Approval: August 2023
Square Footage: 7382 sq ft
Project Cost:
Est $8.5 million
Scope:
New 30 meters Competition Pool
Packet Page. 808
PROJECT EXPERIENCE
16RSM Design | Engineering + 925.217.6620 + rsm-de.com Los Alamitos Unified School District contracted with the RSM team as the prime design consultant for the new
state-of-the-art Los Alamitos High School Aquatic Center.
The new 50-meter competition pool meets USA and NFHS
swimming and water polo regulations and is complete
with new starting platforms, in-deck timing system, and ADA approved lifts. The facility features a concrete
3-meter diving platform, full color LED scoreboard, exterior secure storage, exterior overhead lighting, and shaded
bleachers for 350 spectators. The facility includes a 2,600 SF equipment room and a 1,000 SF classroom with direct
access to the pool deck for physical education classes
and school team meetings and instruction.
RSM’s predecessor firm Terracon was the Architect of
Record as well as the Geotechnical, Electrical, and
Structural Engineer of Record on the Project. Terracon also performed an underground utility survey and hazardous
materials survey prior to demolishing the existing facility.
Due to the existing soils onsite, the swimming pool, dive platform and building rely on over three hundred 35-
foot deep concrete piles for support. A present water
table provided challenges during construction, which
required engineers to quickly resolve in-field issues with the construction team.
LOS ALAMITOS HS AQUATIC CENTER
Los Alamitos, California
Client/Owner:
Los Alamitos Unified School District
Client Contact:
CJ Knowland
Director of Facilities
Los Alamitos Unified School District
(562) 799-4592 x81116
Dates:
Contract Start: March 2018
DSA Approval: August 2020
Project Cost:
Est $9.2 million
Scope:
Architecture, Aquatic Design
Structural Engineering
Geotechnical Engineering
Packet Page. 809
PROJECT APPROACH
17RSM Design | Engineering + 925.217.6620 + rsm-de.com Project Information
It is understood that the existing swimming pool facility serves the City of San Bernardino and its (no apostrophe) mechanical and equipment rooms are in need of repairs and renovation. The proposed Project may include the following items:
■ Replacement of the existing filtration systems with new high rate sand filtration systems
■ Replacement of the existing recirculation and feature pumps, motors and con- trols with new centrifugal pumps, motors, and controls (VFD’s) ■ Replacement of existing swimming pool heater piping and valves with new pip- ing and valves
■ Replacement of existing chemical storage tanks and delivery systems with new storage tanks and delivery systems
■ Replacement of chemical controllers with new chemical controllers similar to Chemtrol PC2100 including new sensors
■ Include one new Pailintest Pooltest 6 photometric digital test kit ■ Replacement of the existing metal doors and frames to the equipment room and chemical storage rooms with new doors, frames, and hardware ■ Replacement of the existing roll up metal door with a new motorized roll up met- al door
■ Replacement of pavement to the west of the equipment room with new pave- ment with proper drainage and steps
■ Installation of a new trench drainage system at the roll up door ■ Prepare, treat, and paint steel handrails at the door to the equipment room ■ Replacement of existing domestic water boilers with new commercial domestic water boilers
■ Replacement of existing shower head fixtures and control valves ■ Replacement of existing electrical panels and conduits with new NEMA4x panels and conduits
■ Replacement of existing exhaust fans and ducts for the equipment room and acid room constructed with new exhaust systems of materials appropriate for the application
The Project shall be designed to conform to the 2025 CBC Title 24, Chapter 31B (Public Swimming Pools) and other applicable codes.
It is understood that the Project shall follow a Design-Bid-Build delivery method.
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PROJECT APPROACH
18RSM Design | Engineering + 925.217.6620 + rsm-de.com Scope of Services
RSM shall provide professional architectural and aquatic engineering services to provide construction documents for the Project scope described above and as further defined during the Conceptual Design phase. RSM will provide its services through the following tasks:
Task I - Conceptual Design Phase
A. RSM shall conduct one (1) kickoff meeting with the Client to discuss the Project schedule, program and goals. The kickoff meeting may be either in-person or hosted online at the Client’s discretion.
B. RSM, and its subconsultants, shall provide one (1) site observation visit to observe and evaluate the current conditions of the facility and perform visual assessments, field measurements, condition documentation, and photo logs for facility components, including pools, electrical, mechanical and chemical rooms, shower areas and surrounding areas serving access to the pump room.
C. RSM shall identify observable structural, mechanical, electrical, plumbing, accessibility, safety, and operational deficiencies of the facility as well as existing utilities (electrical, water, sewer, gas, and storm) serving the site to document capacity, condition, and any recommended upgrades to support the proposed improvements.
D. Based on the site observation visit and discussions with the Client, RSM shall prepare a preliminary bid schedule describing the scope of work.
E. RSM shall submit a preliminary Opinion of Probable Construction Costs based on current area, volume, or other unit costs to the Client.
F. RSM shall facilitate a Conceptual Design meeting with the Client to review the existing conditions, potential upgrades, preliminar y bid schedule, and Opinion of Probable Construction Costs.
Task II - Construction Documents Phase
A. Based on the mutually agreed-upon preliminary bid schedule, RSM shall prepare Design Development Documents consisting of drawings and other documents illustrating the scale and relationship of project components.
■ Architectural Site Plan;
■ Architectural Floor Plans of areas of work;
■ Swimming Pool Equipment Room and Chemical Room plan;
■ Swimming Pool Equipment Room and Chemical Room plan;
B. RSM shall participate in one (1) maintenance meeting with the Client and Owner’s representatives to discuss recirculation and water treatment equipment. At this meeting, RSM will recommend to the Owner expected maintenance plans and the facility’s need for a certified Aquatic Facility Operator (AFO) or a third-party maintenance plan.
C. RSM shall advise the Client of any adjustments to the preliminary Opinion of Probable Construction Costs based on current area, volume, or other unit costs.
D. RSM shall facilitate a Design Development meeting with the Client to review the De-
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PROJECT APPROACH
19RSM Design | Engineering + 925.217.6620 + rsm-de.com sign Development drawings, equipment cutsheets, and Opinion of Probable Construc - tion Costs.
E. Based on the approved Design Development Documents and any further requested adjustments in the scope or quality of the Project or the construction budget authorized by the Client, RSM shall prepare, for approval by the Client, Construction Documents consisting of Drawings and Technical Specifications set forth in detail the requirements for the construction of the Project.
F. RSM shall advise the Client of any adjustments to previous preliminary Opinion of Probable Construction Costs indicated by changes in requirements or general market conditions.
G. RSM shall facilitate a Construction Documents meeting with the Client to review the Construction Documents and Opinion of Probable Construction Costs.
H. All permits from governmental agencies shall be obtained by the Client/Contractor.
I. RSM shall assist the Client in filing the construction documents required for the local governing agencies.
K. RSM shall provide response revisions to address review comments from the governing agencies. If an agency provides additional comments unrelated to its initial comments which necessitate further responses from RSM or revisions to the previously prepared doc- uments, such services shall be considered Additional Services at an agreed-upon fee for such services.
Task III - Bidding and Costruction Support Phases
A. RSM shall provide technical specifications to be used alongside the Client’s typical bidding information, bidding forms, the Conditions of the Contract, and the Client’s form of Agreement between the Client and Contractor.
B. RSM, following the Client’s approval of the Construction Documents and the latest preliminary opinion of construction cost, shall assist the Client in obtaining bids or ne - gotiated proposals and assist in awarding and preparing contracts for construction.
C. RSM will attend one (1) pre-bid meeting and provide responses to potential Contrac- tor Pre-Bid Requests for Information.
D. RSM will attend one (1) pre-construction meeting, provide updated drawings which shall include incorporation of all addenda incorporated into the plans and specifica- tions prior to a pre-construction conference.
E. RSM will review contractor’s shop drawings and submittals. (Review of the Contrac - tor’s substitution requests during construction shall be considered Additional Services.) F. RSM will provide written clarification to the construction documents in response to the General Contractor’s written Requests for Information.
G. RSM will attend weekly virtual Owner-Architect-Contractor meetings throughout con- struction.
H. RSM will provide site observation visits as appropriate to the progress of construction (for the purposes of this Proposal, maximum of four) and submit a report after each visit.
I. RSM will provide a final site observation visit to establish a contractor’s punch list for
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PROJECT APPROACH
20RSM Design | Engineering + 925.217.6620 + rsm-de.com the Project.
Exclusions / Provided by Others
The following services are specifically excluded from RSM’s scope of services as outlined above. Such services can be provided as Additional Services upon written authorization by the Client.
■ Architectural and/or topographic survey;
■ Entitlement processing (e.g., design review, planning department or city council public hearings);
■ Landscape architecture services (including design of all fencing, site furnishings, etc.);
■ Fire protection engineering services (provided on a design-build basis by the general contractor);
■ Temporary or permanent shoring documents or coordination for any existing structures other than indication on construction documents. ■ Special Testing/Inspections;
■ Legal work, i.e.: parcel map, easements, lot line removal, radius maps, etc.; ■ Cost of all permits, plan check fees and any/all other related fees; ■ Environmental approvals.
Accessibility Compliance
For the purposes of this Proposal, it shall be understood that the existing facility provides a code-compliant accessible path of travel from the public way, the parking area serving the pool, as well as from any required locker room and toilet facilities to the pool deck.
Should confirmation or verification, or design services be required to provide an accessi- ble path of travel to the pool deck, such services shall be considered Additional Services.
Project Schedule
RSM shall submit for the Client’s approval a schedule for the performance of RSM’s ser - vices, which may be adjusted as the Project proceeds. The schedule shall include allow- ances for periods required for the Client’s review and approval of submissions by authori- ties having jurisdiction over the Project. Time limits established by this schedule approved by the Client shall not, except for reasonable cause, be exceeded by RSM or the Client.
Phase Duration Start Date End Date
Project Kickoff Meeting March 9, 2026
Conceptual Design Phase 4 Weeks March 16, 2026 April 10, 2026 Design Development Documents 4 Weeks April 13, 2026 May 8, 2026 Owner Review and Input 2 Week May 11, 2026 May 22, 2026 Construction Documents Phase 6 Weeks May 11, 2026 June 19, 2026 Owner Review and Input 2 Weeks June 22, 2026 July 3, 2026
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PROJECT APPROACH
21RSM Design | Engineering + 925.217.6620 + rsm-de.com Additional Services
Services in addition to those enumerated in the scope of services above shall be execut- ed, upon prior written authorization, as Additional Services per the hourly rate schedule below.
■ Any observable substandard condition found during the assessment that requires additional time or services as a result of RSM’s legal responsibility as licensed pro- fessionals.
■ Services to revise recommendation letter based on supplemental comments in addition to the Client’s initial review.
■ Detailed justifications of recommendations, design rationales or decisions. ■ Any unforeseen condition exposed during excavation or demolition which re- quires drawing alteration or resulting in additional time or services and/or services required by any subsurface site conditions; e.g., inadequate soils or soil condi- tions requiring anything other than typical spread footings. ■ Services to revise completed design and/or construction documents due to de- sign revisions initiated by the Client.
■ Services to comply with unprecedented or heretofore undocumented or un- published Code interpretations; and discrepancies which occur between docu- ments initially approved or disapproved by any governing agencies, and subse- quently reversed by said governing agencies, field inspector on-site requirements and/or new agencies taking over jurisdiction, and such that time or services are required, including mediation and/or clarification.
■ Special cost accounting tallies/backup data and customized invoicing formats.
Opinion of Probable Construction Cost
It is understood that RSM’s expertise and standard of care do not include current control over the cost or availability of labor, equipment, or materials, or over market conditions or the selected contractor’s method of pricing. For the scope of services provided under this Proposal, RSM shall rely on available market data in the preparation of an opinion of probable construction cost.
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22RSM Design | Engineering + 925.217.6620 + rsm-de.com RSM FEE PROPOSAL FOR RFP F-25-1041
RSM and its subconsultants shall provide the services described in Task I through III as described in the Project Approach in the associated proposal for the Jerry Lewis Family Swim Center Services project for a lump-sum of seventy-six thousand dollars ($76,000.00) phased as follow:
Fee Breakdown
Task I - Conceptual Design $ 11,400.00
Task II - Construction Documents $ 49,400.00
Task III - Bidding and Construction Support $ 15,200.00
Total $ 76,000.00
Hourly Rate Schedule
Principal $300.00/hour
Associate $265.00/hour
Project Architect $245.00/hour
Project Engineer $220.00/hour
Project Manager $175.00/hour
Job Captain $150.00/hour
Staff Engineer/Architect $150.00/hour
Designer/Drafter $140.00/hour
Administration $150.00/hour
Office Aide $100.00/hour
Entitlement Presentations $300.00/hour
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LITIGATION HISTORY
23RSM Design | Engineering + 925.217.6620 + rsm-de.com December 22, 2025
City of San Bernardino
Vanir Tower
290 North D Street
San Bernardino, California
Regarding: Request for Proposals (RFP F-25-1041) | RSM Litigation History To Whom It May Concern,
This letter is provided to formally state that the firm Rogers Stringer & McClelland, Inc. (RSM) has not beeing involved in litigation with any of its previous clients.
Should you require additional information or supporting documentation, please do not hesitate to contact us.
Sincerely,
Bernie Rogers
CFO
Rogers Stringer & McClelland, Inc.
(925) 217-6619
[email protected]
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 4, 2026
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Approve Increase of Contingency Budget for the Task Order with Rick Engineering Company for Engineering
Design Services for the Navigation Center in the Amount of $100,000 for a Total Contingency Budget of $150,000
(Ward 1).
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Authorize the increase of contingency budget for the Task Order with Rick Engineering Company for engineering design services for the Navigation Center (Project) in the amount of $100,000 from the previously allocated Homeless Housing, Assistance and Prevention (HHAP) funds, increasing the total contingency budget to $150,000; and
2. Authorize the City Manager or designee to execute all documents with Rick Engineering Company; and
3. Authorize the City Manager to expend the contingency fund, if necessary, to complete the Project.
City Manager's Comments
The City Manager recommends approval.
Executive Summary
The Task Order with Rick Engineering Company to provide engineering design services for the Navigation Center has expended approximately $44,000 of its original $50,000 contingency on electrical design work and an additional $100,000 in contingency funding is needed. This increase in contingency will provide sufficient flexibility to address any additional design services or unforeseen conditions that may be identified as the project progresses, helping to avoid delays and ensure the continued and timely completion of the Navigation Center project. The total proposed
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design cost and contingencies will be paid for by the previously allocated Homeless Housing, Assistance and Prevention (HHAP) funds.
Background
The City of San Bernardino previously declared a Homeless State of Emergency in 2022 and recently renewed the emergency declaration. The city, through a variety of sources, has received $21,800,000 for the construction of a Homeless Navigation Center, to be located at the former School of Hope site, located at 796 East 6th Street within the City. The Homeless Navigation Center is designed to provide emergency shelter and wrap-around services for the City’s homeless population.
The School of Hope site is a former active school site that provided a variety of services to special needs students from the mid-1980s to recently. The property was deemed no longer needed by the School District and was subsequently transferred to the City Municipal Water Department in 2022. The site formerly consisted of a u-shaped complex of classrooms and administrative buildings around a central internal courtyard area.
In 2022, the City, through the San Bernardino Municipal Water Department, contracted with L. Y. Environmental, Inc., of Redlands, California to conduct a comprehensive asbestos and lead base paint survey of the existing buildings as a precursor to demolition of the site. Two surveys were completed, and asbestos was identified in various locations within the building. During the demolishing the asbestos was removed and hauled away by the contractor to an authorized dumping site The City acquired the property from the Water Department in 2023 for use as the Navigation Center site.
On November 1, 2023, the Mayor and City Council approved $808,385 in Homeless Housing, Assistance, and Prevention (HHAP) funds for the Navigation Center. These funds were provided by the County of San Bernardino and may be used towards design and pre-development costs.
On December 4th, 2024, the Mayor and City Council approved an agreement for Design Services and Purchase of Delivery of Good with Mandeville Modular in the amount of $10,093,027, including a 15% contingency budget. A Professional Services Agreement was also awarded to CREDE Construction Advisory in the amount of $1,091,148 for Development Management Services of the Navigation Center.
On October 15th, 2025, the Mayor and City Council approved the task order with Rick Engineering Company for engineering design services for the Navigation Center in the amount of $250,000 for total design cost and contingencies.
To expedite the completion of the Project, the existing complex of buildings at the former School of Hope site—where hazardous materials had been previously identified in a July 2022 report by L.Y. Environmental, Inc. was abated and fully demolished ahead of schedule as of July 21, 2025.
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Discussion
Due to delays in receiving on-site civil improvement plans from Mandeville Modulars, despite multiple deadline extensions discussed during weekly coordination meetings, the City elected to proceed with an on-call engineering consultant to complete the necessary site improvement designs for the Navigation Center project.
On June 24, 2025, staff solicited proposals for engineering design services, reviewed them for completeness, and identified Rick Engineering Company as the lowest responsive proposer. City Council subsequently approved a Task Order with Rick Engineering Company in the amount of $200,000, along with a $50,000 contingency, for a total design services budget of $250,000 funded by HHAP funds.
After the Task Order was approved, the City determined that electrical engineering design services were required and requested that these services be added under Rick Engineering Company’s contract. This scope was not anticipated in the original agreement. An addendum to the original task order was executed authorizing the use of $44,000 from the approved contingency to retain Rick Engineering’s electrical subconsultant, Z&K Consultants, Inc., bringing the total authorized contract amount to $244,000. The electrical design services include preparation of electrical plans, load calculations, service equipment design, power distribution and wiring diagrams, and coordination with Southern California Edison. As a result, only a limited contingency balance remains.
Additionally, various permit applications have been initiated. During these reviews, additional documents have been requested to issue the permits (water-net analysis, structural calculations, etc.). To date approximately $30,000 to $40,000 is needed to address the current plan review comments, which may increase depending on additional permitting comments. The increase in the contingency budget will allow the current permit application comments to be addressed and provide a budget to address future comments.
The funding for the additional design services contingency budget will be provided from the available balance of HHAP funds that was previously allocated to the Navigation Center project. The proposed increase to the contingency budget from $50,000 to $150,000 will provide flexibility to address permitting comments and unforeseen conditions, helping ensure the project remains on schedule. 2021-2025 Strategic Targets and Goals
The project is consistent with Key Target No. 3a: Improved Quality of Life – reduce the burden of the unsheltered through engagement, collaboration, and partnerships with other entities.
Fiscal Impact
The total fiscal impact associated with this action is $100,000. The funding will be
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provided from previously allocated Homeless Housing, Assistance and Prevention (HHAP) funds.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Authorize the increase of contingency budget for the Task Order with Rick Engineering Company for engineering design services for the Navigation Center (Project) in the amount of $100,000 from the previously allocated Homeless Housing, Assistance and Prevention (HHAP) funds, increasing the total contingency budget to $150,000; and
2. Authorize the City Manager or designee to execute all documents with Rick Engineering Company; and
3. Authorize the City Manager to expend the contingency fund, if necessary, to complete the Project.
Attachments
Attachment 1 Task Order Addendum 1 – Electrical Design Services Attachment 2 Task Order with Rick Engineering Company
Attachment 3 Location Map
Ward: First Ward
Synopsis of Previous Council Actions:
December 4, 2024 Award of Design Services and Purchase Agreement with Mandeville Modular for Site Design, Modular Design, and Purchase of Modular Units and Award of Professional Services Agreement with CREDE Construction Advisory for Development Management Services (Ward 1)
October 15, 2025 Approve a Task Order with Rick Engineering Company for Navigation Center Civil Engineering Design Work for a total amount not to exceed $250,000 (Ward 1)
CC: Eric Levitt, City Manager
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Contract Addendum
Addendum No. 1
Job No. 20192-E
November 3, 2025
Mr. Ramon “Eddie” Mendez
Public Works Engineering Division
City of San Bernardino
210 N. E Street, 2nd Floor
(909) 998-2440
Sent via email: [email protected]
Client has requested to add the electrical engineering consultant under our contract.
This additional scope was not anticipated in the original contract.
By signing below as indicated, Rick Engineering Company (“Consultant”) is authorized to expend an additional $44,000, bringing the total amount authorized as of this date to $244,000 to perform work in conjunction with our contract, dated September 4, 2025. The additional scope and fees are described below.
Additional Scope of Work:
1. Electrical Design Services –
RICK’s consultant, Z&K Consultants, Inc. will provide electrical design services for the SB Hope Navigation Center located at 796 E. 6th Street in San Bernardino. The following scope of work reflects the anticipated design tasks and coordination efforts required to support the project.
Services will include the following key tasks:
a. Electrical Design Plans
b. Site Visit and Data Collection
c. Load Calculations and Service Equipment Design
d. Power Distribution and Wiring Diagrams
e. Equipment and Installation Guidelines
f. Coordination with Southern California Edison (SCE) and Project Team
$44,000
Docusign Envelope ID: C39E4CCE-3CCA-4874-AD6D-03E32F4C0592
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Mr. Ramon “Eddie” Mendez
20192-E Addendum No. 1
November 3, 2025