Mayor and City Council
June 17, 2026

VENDOR QUOTE FORM
(Required Submittal)
VENDOR NAME: PHONE:

ADDRESS:

RFP F-26-1053

PROFESSIONAL DESIGN ENGINEERING SERVICES FOR
CALIFORNIA THEATRE PARKING STRUCTURE (3 LEVEL) REHABILITATION PROJECT NO. 9140, CIP NO. GB26-011
The undersigned hereby submits the following price quote in response to the above-referenced RFP. Pricing includes all labor, materials, equipment, transportation, and services necessary to perform the work described in the RFP.

ITEM NO. DESCRIPTION QUANTITY UNIT COST
TOTAL
AMOUNT

TOTAL VENDOR QUOTE
Total Number of Additional Pages:

I declare under penalty of perjury that the information provided herein is true and correct.

SUBMITTED BY: DATE: ___________________
(Authorized Representative Signature)
PRINT NAME: TITLE: ___________________
LIC. NO: CLASSIFICATION: DIR REG. NO: _______________
ative Signature)
IDS Group, Inc. 949.387.8500
1250 Corona Pointe Court, Suite 409, Corona, CA 92879
2 Said Hilmy, PhD, PE, SE, LEED AP
S3680 | C43988 Structural/Civil 1000034536
April 15, 2026
1 Architectural & Engineering Services 1 $107,980 $107,980 2 HAZMAT 1 $7,000 $7,000
$114,980
Principal
Packet Page. 1699

CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053

FEE PROPOSAL
The following is a Summary of Fees followed by a Detailed Breakdown and Rate Sheet.

Design Disciplines Architecture Landscape
Arch Structural Electrical Mechanical/
Plumbing Civil Precon Subtotal HAZ-MAT
Allowance Total
TASK 1 SITE INVESTIGATION AND
EXISTING CONDITIONS ASSESSMENT $17,745 $1,725 $3,355 $1,745 $1,625 $1,625 $4,080 $31,900 $4,000 $35,900 TASK 2 DESIGN AND CONSTRUCTION
DOCUMENTS $32,750 $5,661 $10,529 $9,345 $5,805 $9,270 $2,720 $76,080 $3,000 $79,080 TOTAL PROPOSAL FEE $50,495 $7,386 $13,884 $11,090 $7,430 $10,895 $6,800 $107,980 $7,000 $114,980 Summary of Fees
San Bernardino California Theater Parking Structure Rehabilitation Addition
Support
Services
Packet Page. 1700

CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053
IDS Group
Staff Allocations per Discipline:

Role/Classifications: Hours IDS Fees Associate Principal Overall PM Architect (RA) CAD Drafting Associate Principal Snr Landscape Architect BIM Designer Principal Senior Proj. Eng. (SE) BIM Designer Hourly Rate: $ 215 225 $ 175 $ 120 $ Hrs Fees 225 $ 150 $ 139 $ Hrs Fees 235 $ 195 $ 139 $ Hrs Fees TASK 1 SITE INVESTIGATION AND EXISTING CONDITIONS ASSESSMENT 184 $31,900 1 16 64 24 $17,745 110 0 $1,725 116 0 $3,355 Conprehensive Assessment 106 $19,220 1 8 24 33 $6,145 18 9 $1,425 112 13 $2,575Existing Conditions Evaluation and Documentation 60 $9,340 4 32 24 60 $9,340 0 $0 0 $0Review with the City the Deliverable 18 $3,340 4 8 12 $2,260 2 2 $300 4 4 $780Submit 60% PS&E to City 193 $27,330 1 8 16 79 104 $14,225 0 $0 820 28 $4,340Submit 90% PS&E to City 246 $34,924 8 16 80 104 $14,120 12 20 32 $4,580 820 28 $4,340Plan Review and Final PS&E 86 $13,826 1 4 8 16 29 $4,405 124 7 $1,081 146 11 $1,849 TOTAL - Hours 709 3 36 104 199 342 2 19 24 50 2 36 46 84 Total Fees $107,980 $50,495 $7,386 $13,884
Additional Support Services $7,000
Grand Total $114,980
San Bernardino California Theater Parking Structure Rehabilitation TOTAL Architecture Landscape Arch Structural
Subtotal Subtotal Subtotal
HAZ-MAT Allowance
Associate
Principal
Senior Proj.

Eng. (PE) CAD Designer Associate Principal Engineer (PE) BIM Designer Associate Principal Engineer (PE) CAD Designer Senior Cost Estimator if required $ 225 $ 190 $ Hrs Fees 120 $ 225 $ 175 $ Hrs Fees 139 $ 225 $ 175 $ Hrs Fees 120 $ Hrs Fees 170 180 $1,745 180 $1,625 180 $1,625 24 $4,080 $4,000
18 9 $1,745 18 9 $1,625 18 9 $1,625 24 24 $4,080 $ 4,000.00 0$0 0$0 0$0 0 $0
0$0 0$0 0$0 0 $0
818 26 $3,680 0 $0 2 520 27 $3,725 8 8 $1,360816 24 $3,440 8 16 24 $3,624 2 622 30 $4,140 4 4 $680 $ 2,000.00 184 13 $2,225 184 13 $2,181 144 9 $1,405 4 4 $680 $ 1,000.00 2 32 38 72 2 24 20 46 11 38 92 75 56 40
$11,090 $7,430 $10,895 $6,800 $7,000
Subtotal Subtotal
Electrical Mechanical/ Plumbing Civil Precon
Subtotal Subtotal
Packet Page. 1701
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:

Packet Page. 1702
Exhibit C-2

2. REIMBURSABLE EXPENSES.

Reimbursable expenses shall be as defined and governed by Section 3.10.3 of the Design Services Agreement (DSA).

3. ADDITIONAL SERVICES.

Additional Services shall be billed at the actual hourly rates listed above and shall be performed only upon prior written authorization by the City’s Project Manager.

4. ADDITIONAL CONSULTANTS.

If the City requests the Designer to hire subconsultants to perform any Additional Services, Designer shall be compensated at the actual cost of such services plus ten percent (10%) for administrative and coordination expenses.

The City reserves the right to review and approve all consultant rates prior to authorization.

Packet Page. 1703

RESPONSE FILE
City of San Bernardino
Professional Design Engineering Services

CALIFORNIA THEATER PARKING STRUCTURE
REHABILITATION - Project No. 9140
March 13, 2026
Packet Page. 1704
1250 Corona Pointe Court, Suite 409, Corona, California 92879 951.631.8550 www.idsgi.com March 13, 2026
City of San Bernardino
290 North D Street
San Bernardino, California 92401
Attention: Jennifer Broadnax, Purchasing Division
SUBJECT: CALIFORNIA THEATER PS (3-Level) REHABILITATION - PROJECT NO. 9140, CIP NO. GB26-011 RFP No. F-26-1053
Dear Ms. Broadnax and Members of the Selection Committee, IDS Group (IDS) is pleased to submit this proposal to provide professional engineering services for the City of San Bernardino California Theatre Parking Structure (3-Level) Rehabilitation maintenance and restoration initiative project.

IDS has an in depth understanding of the San Bernardino California Theatre Parking Structure and what is needed to enhance the performance, safety, and appearance of the entire facility.

IDS brings more than 65 years’ experience providing architecture and engineering expertise to a vast number of public agencies throughout Southern California, specializing in the field of structural design, seismic engineering, and forensic investigation. Our principals and staff have been serving on many code development committees and have published numerous technical papers and engineering articles on parking structures, seismic design, retrofit, and repair. IDS engineers have provided services on similar projects for many clients all over Southern California.

PROVEN PERFORMANCE:

Experience with the City of San Bernardino: Our project team brings an established record of accomplishment of working with the City. The IDS team will be “in sync” from day one with the City’s organization value systems. As we have done so on previous similar projects, the IDS team will serve and work closely with the City’s department representatives to understand their goals and vision while personally guiding them through the design, cost estimate, and other requirements for this project. IDS is currently providing architectural and engineering services for the engineering assessment and design for rehabilitation and improvement of the City Hall Parking Structure as well as the previously completed condition assessments and seismic upgrades at three (3) of the City-owned parking structures.

IDS has also provided cost estimates for repairs and upgrades, as well as various other projects including, Speicher Ball Field Upgrades, Newmark Ball Field Upgrades, the San Bernardino Fire Station #222 Sleeping Quarters Remodel, the CAO Communication Office Remodel, and Repair and the San Bernardino County Fire Station 23 Seismic Assessment to name a few.

Experienced Team: Our team has completed over 200 projects involving parking structures, commercial, industrial, residential and institutional facilities, including many for government and public agencies within the last five years. A testament to the quality of our customer service is represented by the fact that approximately 80% of our clientele is repeat business. Our experience with City-owned parking structures in Southern California is significant.

1. EXECUTIVE SUMMARY
Packet Page. 1705
1250 Corona Pointe Court, Suite 409, Corona, California 92879 951.631.8550 www.idsgi.com Some of these include:
• IDS is currently working with the City of Manhattan Beach to provide a feasibility study for the expansion of the parking structure and corresponding cost estimates.
• IDS is providing A/E services for the City of Santa Monica to repair city parking structures in downtown Santa Monica and provide ten-year parking planning for the City. IDS later provided the evaluation and upgraded the elevators in three of their parking structures.
• The City of Riverside selected IDS to implement the findings of the condition assessment performed by IDS for the repair of Parking Structures #1, #2, and #3, including recent damage of the post-tensioned beams. • Along the same lines, the City of Rancho Palos Verdes selected IDS in 2011 to assess and repair the City owned parking structure adjacent to the City Hall.
• Other related firm experience includes distress repair of parking structures for the San Bernardino City Hall Parking Structure, Simon Property Group (Mission Viejo Mall and Fashion Valley Mall in San Diego), El Camino Community College Parking Structure F, and San Diego 7th Street Parking Structures, which were awarded the most prestigious outstanding achievement award by SEAOC for the renovation and seismic upgrade of the facility.

We thank the City of San Bernardino for the opportunity to submit this proposal and look forward to a favorable response from our submittal. Mr. John Silber AIA, will be the Principal Architect and the main point-of-contact for the City of San Bernardino. He can be reached at 949. 387-8500 ext. 156 or [email protected]. Mr. Said Hilmy, Principal of IDS Group, hereby acknowledges that he will be the contract administrator for the City and will negotiate and contractually bind the firm regarding matters pertaining to this Proposal. If you require further information, please contact him directly at 949.387.8500 ext. 116 or [email protected].

Sincerely,
IDS Group
John Silber, AIA Said Hilmy, PhD, PE, SE, LEED AP
Principal Architect/Project Manager Principal In Charge/Contract Administrator Packet Page. 1706
3 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053
Solutions Through Integrated Design

1. Executive Summary 1

2. Table of Contents 3

3. Identification of Proposer 4

4. Staffing Resources 5

5. Fiscal Stability 16

6. Experience & Technical Competence 18

7. Proposed Method to Accomplish the Work 27

8. Fee Proposal 33

9. Insurance 34

10. Litigation 35

11. Other Information 36

12. Certification of Proposal 39

13. Appendices 42

2. TABLE OF CONTENTS
Packet Page. 1707
4 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053

3. IDENTIFICATION OF

PROPOSER
Company Data
a. Legal Name and
Address
Corona Office: 1250 Corona Pointe Court, Suite 409, Corona, CA 92879 Los Angeles Office: 12100 Wilshire Blvd., Suite 800, Los Angeles, CA 90025 Pasadena Office: 625 Fair Oaks Ave, Suite 377, South Pasadena, CA 91030 Irvine Office: 1 Peters Canyon Road, Suite 130, Irvine, CA 92606 Encinitas Office: 336 Encinitas Blvd., Suite 110, Encinitas, CA 92024 b. Legal Form of
Company
IDS is a California Corporation incorporated in 1998
Small Business Enterprise - DGS 28443
c. Wholly-owned
Subsidiary Not Applicable
d. Company
Representative
John Silber, AIA, Principal Architect/Project Manager
1250 Corona Pointe Court, Suite 409, Corona, CA 92879
949.387.8500 ext. 509
[email protected]
e.

California Business
License Number Entity Number: 2091154
Mr. Said Hilmy, PhD, PE, SE, LEED AP, will be the Contract Administrator for the City of San Bernardino and hereby certifies that he is the principal of IDS Group and will negotiate and will contractually bind the firm regarding matters pertaining to these qualifications.

Said Hilmy, PhD, PE, SE, LEED AP
Contract Administrator
Packet Page. 1708
5 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053

FIRM STAFFING & KEY PERSONNEL
IDS is an award-winning architectural and engineering (A/E) firm which offers fully integrated architectural engineering multidisciplinary consulting services. IDS provides architecture, landscape architecture, structural, electrical, mechanical, plumbing and civil engineering as well as and cost estimating. Our staff of 100 professionals bring a proven track record interfacing with project stakeholders and code compliance for public agency projects, providing A/E design services for complex design renovations, additions, and modernizations as well as new construction for various facilities and project types.

IDS Principal Team Members To Work With City of San Bernardino The IDS staffing and resource management plan is based on our extensive experience providing A/E services for public agencies. Our flexible organizational infrastructure allows us to meet any project’s technical and schedule challenges by ensuring the appropriate team members are assigned to projects that best fit their experience, the project scope, and schedule requirements. The IDS staff listed, have worked independently or teamed on projects with similar deliverables and have successfully collaboratively provided architectural and engineering services that will furnish the most expeditious and efficient response time available to ensure collaborative success.

Said Hilmy, PhD, PE, SE, LEED AP | Principal In Charge/Contract Administrator Dr. Hilmy has over 40 years of experience in structural engineering design and analysis and project management. Mr. Hilmy specialties are related to providing organizational leadership with a focus on quality control in the delivery of construction documents as well as excellent customer service.

John Silber, AIA | Principal Architect
Mr. Silber has been an active member of the architecture and urban design of Southern California for 40 years. His work has covered a broad range of urban projects, including a number in areas of special interest. He has mastered the interface between community design expectations, urban in-fill architecture and modern code standards for fire/life safety, energy, and accessibility.

Shelley Sivak, RA, LEED AP| Project Manager
Ms. Sivak has been involved in the fields of architecture and interior design for more than 25 years, shaping space, and bringing life to both urban and suburban settings, which create a strong sense of place. Shelley specializes in reviewing the state of the existing building and evaluates’ its size and layout for the intended use, identifying the need for repair, renovation and expansion.

4. STAFFING RESOURCES
Packet Page. 1709
6 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053
Key Support Staff & Biographies
Kristen Gros, PLA, FASLA | Lead Landscape Architect
Ms. Gros brings a multi-disciplinary and sustainability-focused understanding to landscape planning, design, and irrigation systems. Her strengths are design creativity, bid package development, public outreach, client coordination, and multi-disciplinary team management.

Stephan Uthoff, PE, SE | Lead Structural Engineer
Mr. Uthoff is a licensed California Structural Engineer with over 30 years of experience an in building design and review, including parking garages, essential service facilities, hospitals, office buildings, schools, airports, theme parks, churches, shopping centers, industrial buildings and military structures, and blast analysis.

Steven Collins, PE, LEED AP | Lead Electrical Engineer
Mr. Collins has over 20 years of experience in Electrical engineering in the design of electrical building systems to meet client requirements for a variety of new construction and renovation work in the areas of office facilities, data centers, banks, universities, hospitals and educational facilities. He is also skilled in the design of Photovoltaic Systems for ground mount and roof-mounted systems.

Darren Smith, PE, BEAP | Lead Mechanical/Plumbing Engineer Mr. Smith is a registered mechanical engineer with more than 25 years of experience in both designbid-build and design-build projects. Darren is a very experienced design engineer and project manager with extensive experience in designing and managing numerous construction projects requiring strong cross communication at various levels of project ownership.

Adrian Anderson, PE |Lead Civil Engineer
Mr. Anderson brings over 25 years of experience and is well-versed in public-work infrastructure improvements, utility coordination, active transportation, traffic engineering, signal timing, signing and striping, drainage, and street design. Throughout his career, Adrian has managed public agency projects for street rehabilitation projects, street widening and new street/ highway projects, drainage improvement projects, right-of-way projects, development project plan checks for various agencies.

Faisal Dakhil | Cost Estimator
Mr. Dakhil has over 30 years of pre-construction, construction management, and estimating experience in a wide spectrum of projects ranging in values from $1 million to more than $250 million. As Senior PM and Chief Estimator, Faisal has accumulated a long track record of successful jobs coming in under budget and on-time, resulting in substantial savings for the clients.

Sub-Consultants
As a multidiscipline architectural and engineering design firm, IDS seamlessly integrates all specialized divisions under one roof giving our clients a premium customer experience by creating a “one-stop-shop” of design professionals. After review of the scope of services, IDS has concluded that all services outlined in the RFP can be provided through our inhouse services.

Packet Page. 1710
7 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053
Said Hilmy, PhD, PE, SE, LEED AP*
Managing Principal /
Contract Administrator
John Silber, AIA*
Principal Architect
*Key Team Members
Shelley Sivak, RA, LEED AP*
Project Manager
Organization Chart

IN-HOUSE SUPPORT STAFF

STRUCTURAL MECHANICAL/PLUMBING PRECONSTRUCTION/COST ESTIMATION Stephan Uthoff, PE, SE
Lead Structural Engineer
Darren Smith, PE, BEAP*
Lead Mechanical Engineer
Faisal Dakhil
Senior Cost Estimator
Ellen Wu, PhD, PE
Structural Analyst
Kevin Barnes
Mechanical/Plumbing Lead
Sheldon Jackson
Preconstruction

CIVIL ELECTRICAL
Adrian Anderson, PE
Lead Civil Engineer
Steven Collins, PE, LEED AP*
Lead Electrical Engineer
Silman Ruiz, PE
Civil Engineer
Michael Reed
Lighting Project Lead

ARCHITECTURAL TEAM
Quentin Montrie, LEED AP
Design Manager/Urban Planning
Katilyn Do
Parking Design Planner
Kristen Gros, ASLA, LEED AP ND
Landscape Architect
Packet Page. 1711
8 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053
Said Hilmy, PhD, PE, SE, LEED AP
Principal In Charge/Contract Administrator
Dr. Hilmy has over 40 years of experience in structural engineering design and analysis and project management with strong expertise in the design and upgrade of steel, concrete, and wood structures. Recognized for his knowledge of code developments and seismic retrofit, Dr. Hilmy has worked on more than $3 billion engineering projects and more than 200 seismic assessments and retrofit projects in California.

Mr. Hilmy provides organizational leadership with a focus on quality control in the delivery of construction documents and excellent customer service.

Relevant Project Experience:
• City of San Bernardino City Hall Parking Structure Rehabilitation & Improvements | San Bernardino, CA
• City of Laguna Beach, Glenneyre Parking Structure Rehabilitation Laguna Beach, CA
• City of Manhattan Beach, Parking Lot 3 Seismic Evaluation Manhattan Beach, CA
• Exposition Park New Underground Parking Structure Budget Package Los Angeles, CA
• City of Cerritos Subterranean Parking Structure Repairs | Cerritos, CA • University of Southern California, Elvon & Mabel Musick Law Building Roof and Deck Replacement | Los Angeles, CA
• Los Angeles Metro, Tier 1, Tier 2 Parking Condition Studies Various Locations, CA
• John Wayne Airport, Replacement Parking Structure C | Santa Ana, CA • Martin Luther King Jr. Medical Campus, E. Parking Structure Los Angeles, CA
• El Camino College Parking Structure, Lot F | Torrance, CA • City of San Bernardino, 3 Parking Structures Condition Assessments San Bernardino, CA
• City of Riverside Parking Structures 1 and 2, Seismic Strengthening, Structural Repair, and Façade Enhancement | Riverside, CA 35+years of experience
EDUCATION:

Doctorate, Structural Engineering,
Cornell University
PROFESSIONAL REGISTRATION:

Professional Structural Engineer:

California #S3680
Professional Civil Engineer:

California #C43988
LEED Accredited Professional

KEY PERSONNEL RESUMES
Packet Page. 1712
9 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053
John Silber, AIA
Principal Architect
An award-winning architect with more than three decades of extensive experience working on a wide range of projects both the public and private sectors. John’s upfront planning and design efforts are instrumental in creating sites and structures that fit seamlessly with their surroundings, are carefully attuned to their use, and contribute to making lasting and meaningful places. John’s projects have ranged in scope from minor facility upgrades to new construction, assessment and renovation projects for various project types including, parking structures, office buildings, commercial buildings, education, and healthcare.

Relevant Project Experience:
• City of San Bernardino City Hall Parking Structure Rehabilitation & Improvements | San Bernardino, CA
• City of Laguna Beach, Glenneyre Parking Structure Rehabilitation Laguna, CA
• City of Santa Ana Downtown Parking Structures Repairs | Santa Ana, CA • City of Manhattan Beach, Parking Lot 3 Seismic Evaluation Manhattan Beach, CA
• Department of General Services, Van Nuys Parking Garage Water Intrusion Assessment | Van Nuys, CA
• Orangewood Children & Family Center Parking & ADA Upgrades Santa Ana, CA
• Exposition Park New Underground Parking Structure Budget Package Los Angeles, CA
• University of California, Irvine, Campus-wide Bridge & Ramp Railing Systems Repair | Irvine, CA
• Cal State University, Fullerton, Parking Lot Renovation | Fullerton, CA • University of Southern California, Elvon & Mabel Musick Law Building Roof and Deck Replacement | Los Angeles, CA
• Los Angeles Metro, Tier 1, Tier 2 Parking Condition Studies Various Locations, CA
• City of Irvine Civic Center Public Safety Tenant Improvements | Irvine, CA • City of Santa Ana City Hall Tenant Improvements | Santa Ana, CA 35+years of experience
EDUCATION:

Master of Architecture, Southern
California Institute of Architecture
PROFESSIONAL REGISTRATION:

Professional Architect:

California #C15573
Packet Page. 1713
10 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053
Shelley Sivak, RA, LEED AP
Project Manager
Ms. Sivak has been involved in architecture for more than 25 years, shaping space, and bringing life to urban and suburban settings, which create a strong sense of place. Shelley specializes in reviewing the state of the existing building and evaluating its size and layout for the intended use, identifying the need for repair, renovation, and expansion.

Ms. Sivak’s experience ranges from public facilities, corporations, healthcare, commercial, institutional, and themed entertainment projects.

Shelley has knowledge of all project phases and the ability to carry design intent of the building through to the interior of a project.

Relevant Project Experience:
• Orangewood Children & Family Center Parking & ADA Upgrades Santa Ana, CA
• City of Anaheim West Tower Upgrades and Tenant Improvements Anaheim, CA
• Los Angeles Metro, Tier 1, Tier 2 Parking Condition Studies Various Locations, CA
• City of Irvine Civic Center Public Safety Tenant Improvements | Irvine, CA 25+years of experience
EDUCATION:

Master of Architecture, California
State Polytechnic University, Pomona
PROFESSIONAL REGISTRATION:

Professional Architect:

California #C33767
LEED Accredited Professional
Quentin Montrie, LEED AP
Design Manager/Urban Planning • City of Santa Ana Downtown Parking Structures Repairs • City of Alhambra City Hall Tenant Improvements
• Sweetwater UHSD Fleet EVSA
• Glendora Corporate Yard Planning
• Department of General Services Patton Culvert & Kitchen Repair Education: BS, Architecture, University of Maryland
Professional Credentials: LEED Accredited Professional
Kaitlyn Do
Planner Design Planner • Exposition Park New Underground Parking Structure Budget Package
• The Irvine Company, Block 800 - 3 Levels | Spaces: 1518 • Culver Studios Van Buren - 9 Levels | Spaces: 1300
• UCI Verano 8 Student Housing Unit - 5 Levels | Spaces: 853 • Edward Life Science Alton- 5 Levels | Spaces: 777
Education: BA, Architectural Studies, University of
California, Los Angeles
Kristen Gros, ASLA, LEED AP ND
Landscape Architect
• City of Santa Ana Downtown Parking Structures Repairs • City of Corona, City Hall Veteran’s Memorial Enhancements • Lyle Center Upgrades and Campus Beautification
• Centered Ground Wellness Landscaping
• Summerlin Village 24 Streetscapes
• City of Maywood Teen Center Landscape Design
Education: Master of Landscape Architecture, California Polytechnic University, Pomona
Professional Credentials: Professional Landscape
Architect: CA #6288; LEED Accredited Professional ND
Packet Page. 1714
11 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053
Stephan Uthoff, PE, SE
Lead Structural Engineer
With over 40 years of experience in structural design, Mr. Rosenbach has been involved with new structures, evaluating and retrofitting existing structures, and remodeling and modernizing existing buildings.

In addition, he has conducted and reported numerous forensic seismic investigations. Jaime has extensive field experience, providing construction administration, code compliance review, and plan check services for multiple projects.

Relevant Project Experience:
• City of Montebello Transportation Parking Structure Structural Assessment | Montebello, CA
• City of Laguna Beach, Glenneyre Parking Structure Rehabilitation Laguna Beach, CA
• City of Manhattan Beach, Parking Lot 3 Seismic Evaluation Manhattan Beach, CA
• Simon Fashion Valley - Parking Structures Repairs | San Diego, CA • City of Cerritos Subterranean Parking Structure Repairs | Cerritos, CA • Los Angeles CCD, East Los Angeles College, Parking Structures and Classroom Building Structural Repair | Monterey Park, CA • El Camino College- Parking Structure F | Torrance, CA • City of Santa Ana Downtown Parking Structures Repairs | Santa Ana, CA • Orange County Public Works Parking Structure #6 Structural Assessment | Santa Ana, CA
• Los Angeles World Airport Lot F Seismic Upgrades | Los Angeles, CA 40+years of experience
EDUCATION:

MS, Structural Engineering, California
Polytechnic University, Pomona
PROFESSIONAL REGISTRATION:

Professional Structural Engineer:

California #S5186;
Professional Civil Engineer:

California #C42855
Structural Support
Ellen Wu, PhD, SE
Structural Analyst
Relevant Project Experience:
• Orange County Public Works Parking Structure #6 Structural Assessment • Los Angeles World Airport Lot F Seismic Upgrades
• City of Cerritos Subterranean Parking Structure Repairs • Simon Fashion Valley - Parking Structures F&G Repairs • City of Riverside, Parking Structures #1 & 2, Riverside • UC, Irvine Stairs and Bridges Condition Assessments
Education:

Doctorate, Civil and
Environmental Engineering,
University of California, Irvine
Professional Credentials:

Civil Engineer: CA #C89717
Packet Page. 1715
12 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053
Civil Engineering Support
Silman Ruiz, PE
Civil Engineer
Relevant Project Experience:
• City of San Bernardino City Hall Parking Structure Rehabilitation & Improvements
• City of Santa Ana Downtown Parking Structures Repairs • CSU, Dominguez Hills, Physical Plant Parking Lot Reconfiguration • Lyle Center Upgrades and Campus Beautification
• City of La Canada-Flintridge Traffic Signal Modifications • City of Carson Avalon Boulevard, 223rd Street to Lomita Boulevard Street Improvement Project
Education:

BS, Civil Engineering, California
State University, Fullerton
Professional Credentials:

Civil Engineer: CA #C94658
Adrian Anderson, PE
Lead Civil Engineer
Mr. Anderson has over 25 years of experience and is well-versed in public-work infrastructure improvements, utility coordination, active transportation, traffic engineering, signal timing, signing and striping, drainage, and street design. Throughout his career, he has managed public agency projects for street rehabilitation projects, street widening and new street/ highway projects, drainage improvement projects, right-of-way projects, development project plan checks for various agencies, urban trail projects, and other active transportation facilities.

Relevant Project Experience:
• City of San Bernardino City Hall Parking Structure Rehabilitation & Improvements | San Bernardino, CA
• City of Santa Ana Downtown Parking Structures Repairs Santa Ana, CA
• Van Nuys Parking Garage Water Intrusion Assessment | Van Nuys, CA • Orangewood Children & Family Center Parking & ADA Upgrades Santa Ana, CA
• St. Mina Church Parking Lot | Colton, CA
• Orange County Public Works Striping Truck Covered Parking Orange County, CA
• Riverside County Sheriff Dept, Coroner Facility Parking Lot Improvements, Drainage, & Water Quality | Banning, CA
• City of Santa Monica Airport Parking Lots| Santa Monica, CA • Cal State University, Dominguez Hills, Physical Plant Parking Lot Reconfiguration | Carson, CA
25+years of experience
EDUCATION:

BS, Civil Engineering, California State
University, Long Beach
PROFESSIONAL REGISTRATION:

Professional Civil Engineer:

California #C60955
Packet Page. 1716
13 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053
Mechanical/Plumbing Support
Kevin Barnes
Mechanical/Plumbing Lead
Relevant Project Experience:
• City of San Bernardino City Hall Parking Structure Rehabilitation & Improvements
• Music Center Parking Garage Water Intrusion Repair
• Hilton Garden Inn/ Home 2 Suits Subterranean Parking
• DGS, Office of Exposition Park Management Underground Parking Structure Budget Package
• Orange County Transportation Authority, Plumbing & Drainage Improvements at 5 Sites
• Los Angeles World Airports, Roadways, Utilities, and Enabling (RUE) Projects Education:

BS Engineering Technology
Mechanical/Manufacturing,
Cal Poly Pomona,
Darren Smith, PE, BEAP
Lead Mechanical Engineer
Darren Smith is a registered mechanical engineer with over 25 years of experience in design bid build and design-build projects. With extensive experience in designing and managing numerous construction projects, Darren brings cross-communication at various levels of project ownership and the flexibility needed for project task order assignments.

Relevant Project Experience:
• John Wayne Airport East Parking Structure Zero Level Ventilation & Heat Removal | Santa Ana, CA
• Bellflower Regional Transit Center and Parking Garage | Bellflower, CA • DGS, Van Nuys Parking Garage Water Intrusion Assessment Van Nuys, CA
• City of Cerritos Subterranean Parking Structure Repairs | Cerritos, CA • County of Los Angeles, Music Center Parking Garage Water Intrusion Repair | Los Angeles, CA
• DGS, Office of Exposition Park Management Underground Parking Structure Budget Package | Los Angeles, CA
• Big Bear High School Parking & EV Chargers Removal | Big Bear, CA • Children’s Hospital of Orange County Parking Garage P12 Repairs Santa Ana, CA
• Los Angeles World Airports, Roadways, Utilities, and Enabling (RUE) Projects
25+years of experience
EDUCATION:

BS, Mechanical Engineering
Technology, California Polytechnic
University, Pomona
PROFESSIONAL REGISTRATION:

Professional Mechanical Engineer,
California #M30841;
ASHRAE (Building Energy Auditing
Professional)
Packet Page. 1717
14 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053
Electrical Engineering Support
Michael Reed
Lighting Project Lead
Relevant Project Experience:
• Exposition Park New Underground Parking Structure Budget Package • Expo Park Blue Parking Structure Lighting Deficiency Study • Vista Canyon Temporary MTA Parking Lot
• Big Bear High School Electrical Assessment Parking and EV Chargers Removal • Morgan Park Parking Lot Expansion Lighting
• Exposition Park Blue Parking Structure Lighting Deficiency Study • City of Santa Ana, Civic Center Perimeter Street Lighting Education:

Associate of Arts, Computer
Science
Steven Collins, PE, LEED AP
Lead Electrical Engineer
Mr. Collins brings over 25 years of experience in Electrical Engineering for Building Systems and has expertise in municipal, education, commercial, and healthcare markets. His experience includes field investigation, design, and specifications for electrical service entrance equipment, standard and emergency distribution systems, lighting systems, controls, power-to-utilization equipment and devices, fire alarm systems, and telecommunication and low-voltage raceway systems.

Relevant Project Experience:
• City of Perris Morgan Park Parking Lot Expansion | Perris, CA • Morgan Park Parking Lot Expansion Lighting | Perris, CA • East Los Angeles College Elevator Replacement | Monterey Park, CA • County of Riverside Sheriff Department, Planning and A/E Improvement Projects | Riverside County, CA
• South Pasadena City Hall Parking Lot Upgrades | South Pasadena, CA • City of Maywood Teen Center Conversion | Maywood, CA
• City of Industry, New Banquet Hall Expo Center | City of Industry, CA • City of Perris Morgan Park Parking Lot Expansion | Perris, CA • City of Irvine, Bill Barber Community Park Shade Structure | Irvine, CA • Orange County Sheriff’s Department, Central Men’s Jail Lighting Retrofit | Orange, CA
25+years of experience
EDUCATION:

MS, Electrical Engineering,
Rensselaer Polytechnic Institute
PROFESSIONAL REGISTRATION:

Professional Electrical Engineer:

California #E22805;
LEED Accredited Professional
Packet Page. 1718
15 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053
Faisal Dakhil
Lead Cost Estimator
Mr. Dakhil has over 30 years of pre-construction, construction management, and estimating experience in a broad spectrum of projects ranging in value from $1 million to more than $250 million. Faisal has a long track record of successful jobs coming in under budget and on time, resulting in substantial client savings.

Relevant Project Experience:
• City of Santa Ana Downtown Parking Structures Repairs | Santa Ana, CA • City of Laguna Beach, Glenneyre Parking Structure Rehabilitation Laguna Beach, CA
• City of Manhattan Beach, Parking Lot 3 Seismic Evaluation Manhattan Beach, CA
• Exposition Park New Underground Parking Structure Budget Package Los Angeles, CA
• Exposition Park Blue Parking Structure Lighting Deficiency Study Los Angeles, CA
• Van Nuys Parking Garage Water Intrusion Assessment | Van Nuys, CA • Orange County Elevator Modernization Finance Building 12 Santa Ana, CA
30+years of experience
EDUCATION:

MS, Civil Engineering, University of
Southern California;
BS, Civil Engineering, University of
Southern California

PRECONSTRUCTION
Sheldon Jackson
Preconstruction
Relevant Project Experience:
• City of Santa Ana Downtown Parking Structures Repairs • Glenneyre Parking Structure Rehabilitation
• Orange County Public Works Parking Structure #6 Structural Assessment • City of Manhattan Beach, Parking Lot 3 Seismic Evaluation • Riverside County Sheriff’s Department Facility Entrance and Security Booth Redesign
• Santa Monica Airport Building System Assessments and Historical Evaluation • City of Los Angeles, Sofi Stadium
Education:

BS, Mathematics, Columbia
University
Professional Certification
Certified Project Manager
Packet Page. 1719
16 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053
Letter from Financial Institute and Audited Financial Statements Below is a copy of a letter stating the current line of credit for IDS Group. IDS is a privately held company with confidential financial, therefore a copy our financial statements certified by a CPA has been included at the end of our proposal under a confidential tab.

5. FISCAL STABILITY
Packet Page. 1720
17 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053
February 11, 2026
RE: IDS Group Inc
To Whom It May Concern:

Our client, IDS Group Inc., has been a highly valued client of Bank of America since 2005. The combined average balances across their accounts are in the mid–six-figure range.

In addition, they maintain a Business Line of Credit that is subject to an annual renewal process, with a current maturity date of March 2026. All checking accounts and the Line of Credit have been managed in a satisfactory manner.

Should you have any questions regarding the information provided, please feel free to contact me.

Best regards,
Blanca Cortez
Senior Vice President
Senior Relationship Manager
Business Banking
Bank of America
520 Newport Center Drive Floor 10
Newport Beach, CA 92660
M 213-651-9361
[email protected]
Packet Page. 1721
18 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053

FIRM EXPERIENCE
IDS Group, Inc. (IDS) is a multidisciplinary design firm with roots spanning over 65 years. Our longevity comes from integrating all specialized divisions under one roof giving our clients a premium customer experience by creating a “one-stop-shop” of design professionals. Not only does “IDS” stands for Integrated Design Services, our 85-plus staff brings a mixture of innate curiosity, technical expertise, building and infrastructure experience to all projects, applying these skills to each project’s unique circumstances, and creating project success.

IDS has offices in Corona, Los Angeles, Pasadena, Irvine, and Encinitas, California, ensuring local knowledge and providing our clients with quick response times. As a multidisciplinary engineering and architectural firm, IDS has the practical knowledge, insight, and resources to offer our clients comprehensive services and specialized solutions.

Our corporate infrastructure creates optimum utilization of resources for our staff, maximizing service efficiency. IDS is committed to project excellence, providing turnkey design solutions to the building and infrastructure industries. As an award-wining professional engineering/ architectural consulting firm specializing in the design and renovation, evaluation and assessment, and construction administration for a wide range of clients and facilities.
“IDS” stands for Integrated Design Services, as our service delivery model.

We bring a focused understanding of engineering and architectural a broad range of planning, design, and construction services to public agencies with an inherent curiosity, sound technical expertise, where we apply this knowledge to each project’s unique set of circumstances.

Relevant Service Areas
Building Assessments
Alterations & Modifications
ADA Compliance Studies & Design
Existing Facility Assessments (including
seismic)
Forensic Investigations
Fire& Life Safety Assessment & Design
Code Review, Space Planning
Remodeling, Repair of Damaged &
Deteriorated Structures
Expansions & Additions to Existing
Facilities
Building Electrical Systems
Building Management Systems (BMS)
Fire and Life Safety Systems
HVAC
Exhaust & Ventilation Systems
System Design & Engineering
Systems Evaluation & Operation
Verification
Heating a& Cooling Load Analysis
Building Stormwater Recovery
Complete Plumbing Systems Design
Existing Plumbing System Analysis

6. EXPERIENCE &

TECHNICAL COMPETENCE
Packet Page. 1722
19 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053

EXPERIENCE PROVIDING ARCHITECTURAL DESIGN SERVICES
One clear benefit that IDS offers our clients is our in-house interdisciplinary diversified staff that delivers the expertise of seasoned architects and engineers. IDS seamlessly integrates architectural design services with in-house design professionals who specialize in landscape architecture, structural, civil, mechanical, electrical, and plumbing engineering, as well as cost estimating to provide a well-rounded balance of design capabilities for our clients as a value-added service.

Our award-winning Architectural provides architecture, design, planning, programming, project management and renovation services to public and private clients throughout California. Our architectural services involve building assessments, alterations, and modifications, accessibility studies, ADA compliance studies and design, fire and life safety assessment and design, code review, space planning, remodeling, repair of damaged and deteriorated structures, and expansions and additions to existing facilities. The project experience of IDS staff encompasses new construction, renovation, readaptation, and tenant improvements to a variety of building types.

With staff of over twenty Architects, our award-winning architecture division provides architecture, design, planning, programming, project management and renovation services to public and private clients throughout California.

We have a specialized experience managing small and medium-scale projects, with particular proficiency in:
• Interacting with project stakeholders
• Conducting facility needs assessments & master plans
• Providing planning phase duties
• Preparing schematic designs, design development documents, and construction documents
• Developing construction cost estimates
Our architectural team will assure the City of Fountain Valley an approach that is industry leading, practical, responsive, and affordable. They work closely with our in-house engineering divisions to ensure the ultimate in design coordination. From the initial project programming and preliminary design concept to completion of construction, our work reflects innovative approaches to solving even the most complex space and design problems.

Repair and Rehabilitation of Structures
IDS has successfully completed repair and rehabilitation design for many structures, including buildings and parking structures. We have performed numerous evaluations and studies of existing facilities and have produced reports, rehabilitation documents and cost analyses for many projects.

Forensic Investigation and Assessment Experience
IDS has a strong expertise in the engineering and architectural assessment of buildings in California. We are especially experienced in conducting site investigation and testing to determine existing properties and construction details, assessing deterioration and defects, and providing appropriate remediation.

Packet Page. 1723
20 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053

REFERENCES
City of Santa Ana Downtown Parking Lot Structures Improvements The IDS team is working with the City providing A/E services for the Improvements at Fiesta, Garage C and Garage D Parking Structures.

Contact: Michelle Cabañas, Assistant Engineer
Phone: 714-647-3560 | Email: [email protected] | Project Dates: 3/2025 - Ongoing City of Laguna Beach, Glenneyre Street Parking Structure Rehabilitation The IDS team is working with the City providing A/E services for the Upgrades and Improvements of Glenneyre Parking Structure
Contact: Mr. Thomas Perez, Capital Program Manage
Phone: 949.464.6688 | Email: [email protected] | Project Dates: 8/2021 - Ongoing City of Montebello Bus Transportation Facility Parking Structure Seismic Assessment IDS Group worked with the City to provide seismic assessment per ASCE 41-17 and options for structural seismic retrofits and repairs, including a rough order of magnitude (ROM) cost estimate.

Contact: John Sorio, Director of Transportation
Phone: 323.558.1625 x1315 | Email: [email protected] Project Dates: 7/2025 - Ongoing
John Wayne Airport Parking Structure C
Packet Page. 1724
21 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053

LOCAL EXPERIENCE & KNOWLEDGE OF THE CITY
IDS Group works with numerous large public agencies and private clients who continuously seek our assistance in architectural and engineer consulting services throughout Southern California. IDS has been providing architectural and engineering services for over 23 years, and we have worked on projects ranging upward to $8,000,000 in a single project fee and $1 billion in a single project construction cost. A large portion of our work is from repeated clients, familiar with our combined staff and services. The IDS team understands the issues impacting local government and we are well-versed in the nuances of traditional public and alternative capital delivery methods. Additionally, our experts understand that the future prosperity of municipalities and their constituencies will be shaped, in part, by leadership’s ability to demonstrate that high quality service can be provided in a cost-effective manner.

Our clients’ partner with IDS because we focus on procurement, implementation and programming choices that capture the full potential of projects to stakeholders. The IDS team has experience representing and advising public agencies and supporting private bid teams on complex social infrastructure developments. With IDS, our clients receive the right compliment of commercial, financial, and technical skills, from a group with a deep understanding of various policy implications.

IDS has a longstanding relationship with the City of San Bernardino over the years, most recently, upgrades at Speicher Park. We currently hold several on-call contracts with the County of San Bernardino and has multiple projects completed and in process. IDS has worked with the City on previous repair projects of the San Bernardino California Theater Parking Structure giving us intimate knowledge of the possible challenges and constraints the City may encounter on this rehabilitation and improvement effort.

PARKING STRUCTURE EXPERIENCE
IDS has extensive experience working with public agencies providing best practices for parking structure. Below is a partial listing of our most recent parking structures:
• City of San Bernardino City Hall Parking Structure
Rehabilitation & Improvements
• City of San Bernardino Parking Structure Repairs
• City of Riverside Parking Structures (#1 and #2)
• City of Santa Monica Analysis of 10 Parking
Structures
• County of Los Angeles, East Los Angeles Superior
Court Parking Structure
• County of Los Angeles & University of Southern
California Lot 12 Parking Structure
• County of Los Angeles, Performing Arts Center
Parking Structure Waterproofing Assessment &
Design
• City of Santa Ana Downtown Parking Structures
Repairs
• City of Laguna Beach, Glenneyre Street Parking
Structure Rehabilitation
• City of Manhattan Beach, Parking Structures 2, 3 &
4 Evaluation & Repair
• City of Cerritos Underground Parking Structure
• City of Orange Chapman University Parking
Structure
• California State University Fullerton, Student
Housing Parking Structure
• California State University San Diego, Parking
Structures #1, #2, #3 & #6
• California State University Los Angeles, Public Safety Building and Parking Structure
• Disney Concert Hall Parking Structure
• El Camino College Parking Structure “F” Repair &
Upgrade
• Hoag Hospital Parking Structure
• John Wayne Airport Parking Structure
• Lake Arrowhead Village Parking Structure
• Metropolitan West Parking Structure
• Mission Viejo Parking Structure
• Riverside Community Hospital Parking Structure
• Second Street Tower and Parking Structure
• Glendale Galleria Parking Structure Seismic Retrofit
• Westside Parking Structure Seismic Retrofit
Packet Page. 1725
22 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053
City of Santa Ana Downtown Parking Lot Structures Improvements Brief Description
The City of Santa Ana has three City owned parking structures that have been in operation since being built in the 1980s, and are in need of modernization, including upgrading signage, lighting, parking and identifying and repairing any structural deficiencies.

IDS is working with the City providing A/E services for the Fiesta, Garage C and Garage D Parking Structures to address the following issues at each site:
• Assess current lighting fixtures
and their efficiency and provide
recommendations/improvements
• Signage Upgrades
• Parking Stall Enhancements
• Remove unused fire hose boxes.
• Re-stripe parking lanes and add
“compact” sign for smaller spaces.
• Painting and patching to exterior and
interior
• Removal or repair pedestrian doors.
• CASP report
• Low cost landscape improvements
• As-built plans of all the parking
structures.

Additional issues addressed at the Fiesta Parking Structure include: Additional issues addressed at the Parking Structure ‘D’ include:
• Improve neon ‘Downtown Santa
Ana” light fixture
• Exterior interior concrete patching
• Stair improvements
• Removal of unused planters, cabling
& fencing
• Install lighting for future murals
• Elevator evaluation & modernization
• Installation of missing tension cables
outside of exterior rails
• Install lighting for future murals
• Elevator evaluation & repair
Role of Firm/Services Duration Project Values Project Team Members • Architectural Planning and Design
• Structural, mechanical, & electrical
engineering
• Zoning, planning & building approvals,
permits, and other entitlements
• Construction cost estimating
• Construction support
Start Date: 3/2025
Completion Date: Ongoing
Project Value: $1.25 M
Contract Value: $157,587
Said Hilmy, PhD, PE, SE | Principal In Charge
John Silber, RA | Principal Architect
Quentin Montrie | Design Manager
Steven Uthoff, PE, SE | Structural Engineer
Adrian Anderson, PE | Civil Engineer
Silman Ruiz, PE | Civil Engineer
Kristen Gros, PLA, ASLA | Landscape Architect
Fasial Dakhil | Preconstruction/Cost Estimation
Sheldon Jackson | Preconstruction
Reference
City of Santa Ana
Michelle Cabañas, Assistant Engineer
City of Santa Ana |Public Works Agency
20 Civic Center Plaza Santa Ana, CA 92702
P:714-647-3560 E: [email protected]
Packet Page. 1726
23 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053
City of Laguna Beach, Glenneyre Street Parking
Structure Rehabilitation
Brief Description
IDS designed and produced construction drawings for corrosion repairs to a two story post-tensioned concrete parking structure two blocks from the Pacific Ocean. Damages include repairs for corroded post-tensioning tendons, brick veneer falling hazards, roof planter water intrusion repairs, concrete spall and crack repairs, and specifications and details for a new polyurethane traffic coasting to mitigate the risk of future water intrusion. Helical anchor piles were designed to underpin and arrest the differential settlement occurring between the stair towers (on shallow spread footing foundations over 50-foot of native soils) with respect to the parking structure that is on deep drilled pier foundations into the bedrock. Due to the slope of Glenneyre Street, the vehicle entrances into the ground and roof levels are direct from Glenneyre without ramping.

Around the perimeter several large planters with old growth trees also are contributing to the corrosion of the roof slab and retaining walls.

Several previous structural retrofits were made including one additional shear wall and column replacements due to excessive corrosion damage.

Role of Firm Duration
• Architectural Planning and Design
• Alternatives analysis
• Preparation and presentation of
models, renderings, and photo
simulations
• Structural, mechanical, & electrical
engineering
• Zoning, planning & building
approvals, permits, and other
entitlements
• Construction cost estimating
• Construction support
8/2021 - Ongoing
Project Values
Project Value:$1.9 Million
Contract Value: $152,138
Reference
City of Laguna Beach
Mr. Thomas Perez, Capital Program
Manager
Phone: 949.464.6688
Email: [email protected]
Project Team Members
Said Hilmy, PhD, PE, SE | Principal In Charge
John Silber, AIA | Principal Architect
Steven Uthoff, PE, SE | Structural Engineer
Fasial Dakhil | Preconstruction/Cost Estimation
Sheldon Jackson | Preconstruction/Cost Estimation
Packet Page. 1727
24 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053
City of Montebello Bus Transportation Facility Parking Structure Seismic Assessment Brief Description
The Transportation Parking Structure is a one-story, a 30-year-old concrete parking structure, with post-tensioned beams, and reinforced concrete columns and walls, and shallow foundations. The City buses are parked on the top deck with a portion of the facility being subterranean.

The City of Montebello is implementing a state-mandated zero emission fleet rollout plan, with Hydrogen operated buses being preferred by the City over Battery Electrically operated buses. As part of the plan the City is considering placing a hydrogen fueling station with a large Hydrogen tank over the parking deck, with a weight exceeding 50 tons.

After meeting to discuss the structural implications related to placing the fueling station on the parking structure, the City decided that a condition assessment of the structural integrity needed to be performed to examine the effort needed to bring the structure to code, if any.

IDS Group worked with the City to provide seismic assessment per ASCE 41-17 and options for structural seismic retrofits and repairs, including a rough order of magnitude (ROM) cost estimate.

Role of Firm/Services Duration Project Values
• Structural Engineering
• Alternatives analysis
• Preparation and presentation of
models, renderings, and photo
simulations
• Construction cost estimating
Start Date: 7/2025
Completion Date: Ongoing
Project Value: est. $900,000
Contract Value: $14,912
Reference Project Team Members
City of Montebello
420 South Taylor Avenue, Montebello, CA 90640
John Sorio, Director of Transportation
P: 323.558.1625 x1315 E: [email protected]
Said Hilmy, PhD, PE, SE | Principal In Charge
Steven Uthoff, PE, SE | Structural Engineer
Fasial Dakhil | Preconstruction/Cost Estimation
Packet Page. 1728
25 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053

TECHNICAL COMPETENCE
One clear benefit that IDS offers our clients is our in-house interdisciplinary diversified staff that delivers the expertise of seasoned engineers and architects. IDS seamlessly integrates our civil engineering design services with in-house design professionals who specialize in architecture, landscape architecture, structural, mechanical, electrical, and plumbing engineering, as well as cost estimating to provide a well-rounded balance of design capabilities for our clients as a value-added service.

IDS provides a dedicatedLandscape Architecture team that specializes in building healthy places for communities through the practices of landscape architecture and ecological restoration. The team focuses on the relationship between land and people where we are only as healthy as our surroundings. The majority of the team’s work lies in municipalities, counties and other California agencies working closely with clients and stakeholder groups to design and build healthy communities and improve quality of life. The projects designed draw from natural and cultural histories of the land and improve the natural ecological systems. Specialized expertise includes historic preservation, adaptive re-use, cultural landscapes, cultural and natural history interpretation, ecological restoration, sustainable design, drought tolerant planting, low water irrigation systems, and context-integrated design.

Our Structural Engineering division is a recognized leader in the design, assessment, review, and seismic retrofit of buildings and site improvements. The depth of our work includes the design of new buildings utilizing steel, concrete, and masonry, the assessment and retrofit of numerous buildings of all sizes, the evaluation, and repair of distressed structures, peer and plan review, constructability review, and forensic engineering. Our team has been honored by the Structural Engineers Association of Southern California (SEAOSC) awards for innovative and outstanding design.

Our Mechanical/Plumbing Engineering division is comprised of professional engineers and designers who are experts in the fields of heating, ventilating, air conditioning, plumbing, piping, and fire protection. We have provided design services for HVAC, plumbing, and fire protection systems for countless public projects and facilities including some of the largest parking structures in California. These projects encompass new construction, retrofit, modernization, and expansions of facilities.

Our Electrical Engineering division has extensive experience in a wide variety of projects and in the preparation of engineering studies and analyses, reviewing plans, drawings, and specifications for new construction projects for electrical code compliance, conducting electrical power consumption studies and field investigations, and providing construction cost estimates, concept studies and reports, and postconstruction support for electrical engineering projects. We also have extensive electrical project experience involving electrical power consumption studies and field investigations; the review of plans, drawings, and specifications of new construction projects for electrical code compliance and delivering post-construction support; construction cost estimates for electrical wiring infrastructures; and drafting concept studies and reports.

City of Santa Ana,
Parking Structure Upgrades
City of Santa Ana,
Parking Structure Lighting
Upgrades
County of Los Angeles & USC
Medical Center Lot 12 Parking
Structure Assessment
Packet Page. 1729
26 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053
The IDS Civil Engineering division offers a wide array of expertise and experience, specializing in providing planning and entitlement, civil engineering, surveying and mapping, construction survey, LEED, sustainable design, construction administration, and drainage and storm water pollution treatment.

Our in-house Cost Estimation Services are provided by experienced cost estimators, supporting both new construction and complex renovation projects supplying extensive knowledge for a variety of tenant improvement types. Utilizing the latest in cost control methods, IDS ensures clients’ projects are well planned and expertly executed.

In the delivery of its cost services, IDS provides reliable, accurate estimates while meeting its client’s most critical deadlines.

ADA Access Compliance
Our expert ADA (Americans with Disabilities Act) and CASp compliance team offers detailed Path of Travel (PoT) facility surveys and preparation of Transitional Plans, plan reviews, training, and product consulting on a regular basis to local government, federal, and state clients, healthcare facilities, large corporations.

Sustainable Design
The firm’s project approach begins with a complete assessment of project requirements to achieve a LEED certification or provide a sustainable design without certification. To meet the project requirements our team will investigate all sustainability options including photovoltaic solar system, commercial and residential fuel cell systems, geothermal ground source heat pump systems, low energy LED lighting products, water conservation design solutions, day lighting harvesting, low-flow plumbing fixtures and high SEER air conditioning equipment.

Bidding and Construction Administration Support
IDS has significant experience with providing practical, cost effective, fast/efficient solutions and high-quality construction documents and drawings and significant experience in construction support and on-site construction administration services for public projects. IDS will draw from our “Lessons Learned” gained through our extensive history of involvement with civic projects. We know firsthand that our ability to adapt to the challenging daily demands of the City’s operation is essential to meeting the goals of the project. As an example, during the pandemic, IDS worked with several clients, conducting Zoom meetings, Bluebeam QA sessions, and continued communications via email and phone. Utilizing this valuable knowledge, IDS has employed new measures to ensure your objectives and goals are efficiently achieved and our team adheres to milestone schedules for successful project completion.

Building Information Modeling (BIM)
Building on decades of hands-on experience in Building Information Modeling (BIM), IDS is committed to creating value for our clients through innovative and fully integrated design solutions. IDS’ BIM platform helps our multi-discipline design and construction teams improve project efficiency by optimizing performance and response-time of visualizations and simulations to create unprecedented data rich models. Our clients are experiencing the benefits of BIM that extend long past the completion of a project, including improved constructability, better-performing buildings and more efficient project delivery as well as construction cost savings, schedule compression and energy reductions.

El Camino College Parking Structure Upgrades
Packet Page. 1730
27 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053
IDS Group understands that the scope of the Project is focused on the essential comprehensive maintenance and restoration to the existing 3-level California Theater Parking Structure. The project aims to address long-deferred maintenance concerns, to enhance the performance, safety, and appearance of the entire facility. These improvements are also intended to support City operations, enhance downtown mobility, and align with broader revitalization goals.

The work to be completed includes:
• Structural concrete repair for minor spalling and
deteriorated concrete elements throughout the
parking structure.
• Interior and exterior painting and surface finishing, including ceilings, walls, columns, parapets,
staircases, handrails, and exterior façade elements.
• Replacement and upgrade of interior, exterior, and
rooftop lighting systems, including vandal-proof LED
fixtures and solar-powered rooftop lighting.
• Drainage system repairs and improvements,
including trench drains, floor drains, storm
drain risers, waterproofing of drain bodies, and
installation of vandal-resistant grates.
• Flooring preparation, pressure washing, pavement
markings, restriping of parking stalls, directional
markings, and removal of deteriorated wheel stops.
• Enterprise Parking Zone improvements, including
asphalt concrete milling and overlay, striping, and
transitions to adjacent parking areas.
• Fire protection system rehabilitation, including
replacement or repair of fire suppression piping,
inspection and verification of hose gate valves
(HGVs), and restoration of full system functionality.
• Expansion joint rehabilitation, including removal
and replacement of deteriorated filler boards, joint
covers, and sealants to prevent water intrusion.
• Signage system upgrades, including replacement
of interior non-illuminated signage and exterior
illuminated signage, along with associated wiring
and mounting hardware.
• Landscaping improvements, including cleaning of
landscaped areas and placement of decomposed
granite (DG) where required, with no new planting
or irrigation.
• Removal of existing fencing and installation of new
vandal-proof fencing to restrict unauthorized access
and improve site security.

IDS understands that, together with the City Engineer, IDS will verify parking stall designations based on Enterprise Parking needs and existing agreements. This information will be required to establish the appropriate locations, number of stalls, exact stall positions, and required stall markings or stampings. The final striping layout will be submitted for City Engineer review and approval.

The project budget for design and construction is $900,000 or less. Funding of the project includes City ARPA dollars, and the timely execution of both the design and construction phases is critical to meet the fiscal deadlines associated with Federal ARPA funding.

7. PROPOSED METHOD TO

ACCOMPLISH THE WORK
Packet Page. 1731
28 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053

WORKPLAN
IDS understands that the most valuable service that we can provide is to generate clear and quantified sets of information for review, in a timely manner, to enable timely decisions by project stakeholders.

The following work plan and project schedule are based on our understanding of the information provided in the Request for Proposal and will provide complete design services and construction documentation for the California Theater Parking Structure.

Our preliminary project schedule adheres to the timeline requested by the City and our team is prepared to work with the City, if needed to accelerate the project delivery, including reduction of external review periods, the reduction of task durations, or overlapping review periods with subsequent tasks.

IDS will provide an updated project schedule within one week of the City’s Notice to Proceed and will submit an updated schedule monthly.

The schedule will include:
• Design tasks and project timing from start to submittal of final PS&E • Two (2) City plan reviews plus a Final Review, for each plan set • Each review will be estimated to take three (3) weeks for scheduling purposes Community Engagement
• Prepare presentation materials
• Attend a community meeting with residents, elected officials, and concerned citizens to introduce the project.
• Incorporate comments from the community meeting into the design.

Throughout the design phase of the project, IDS will share any comments or suggestions that we believe is necessary to improve the project or its completion while in compliance with the requirements outlined in the RFP.

Consistency of Project Scope to Project Budget
The RFP enumerates the elements of the project in detail. It is unknown whether this enumeration of elements and the project budget align. IDS will provide the Concept Design ROM Cost Estimate, and if at that time estimated costs exceed the available budget, IDS understands that the City will elect to either:
• Reduce the scope of the project to align with the budget, or • Increase both the construction and design budget to align with the scope of the project.

TASK 1 - CONCEPTUAL DESIGN
Within Week 1 of Receiving the Notice to Proceed, IDS will Submit • A proposed Kick-off Meeting Agenda.
• The updated project schedule.
• Our request for the available Parking Structure Record Documents.

Kick-off Meeting, including
• IDS project team attendance (virtual).
• Introductions and review of roles.
• Review the project scope and updated schedule.
• Review the plan for Field/Site Visit Meeting, Field Investigation, and Assessments tasks.

Packet Page. 1732
29 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053
deliverables
•Project Schedule inc. updates/
Meeting Minutes.
•Basis of Design (BOD) and Concept
Design Deliverable.
•Documentation of City’s Concept
Design going forward guidance.

Site Investigation and Assessments
• Conduct utility research (if needed) within the limits of the proposed improvements.
• Identify the location and depth of all existing utilities (water, storm drainage, old and new CCTV-electrical light conduits and wiring locations, and whatever utilities are needed for the design). • Assessment of required repairs.
• Assessment of potential Haz-Mat Building Materials that may be encountered in course of making the planned improvements.

Basis of Design (BOD), Program Level Rough Order of Magnitude (ROM) Cost Estimate, Concept Design Deliverable
• Update the project objectives based on Field Investigation and Assessments.
• Include Field Investigation mark-ups on record drawings and/or base plans.
• Submit the Concept Design Deliverable including Design Drawings, BOD and ROM Cost Estimate.
• Include 2 options where a design element warrants options.

Review Concept Design Deliverable with the City for going forward design guidance
• Submit the BOD and Concept Design Deliverable in Bluebeam Revu file format.
• Page-turn review meeting (virtual) with the City.
• Provide meeting documentation of City going forward guidance including within the Bluebeam Revu file.

TASK 2 - CONSTRUCTION DESIGN
Based on the City’s Concept Design, going forward, guidance IDS will prepare and submit for City review the Construction Plans, Specifications, and Engineer’s Estimate (PS&E).
60% PS&E
• Submit 60% PS&E
• Bluebeam Revu (PDF) file format, Word, Excel, and AutoCAD file formats and 2 sets hard copy 24x36
• Page-turn Meeting (virtual)
90% PS&E
• Submit 90% PS&E
• Bluebeam Revu (PDF) file format, Word, Excel, and AutoCAD file formats and 2 sets hard copy 24x36
• Page-turn Meeting (virtual)
• Pick up City comments on the drawings prior to Building Permit Application.

Packet Page. 1733
30 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053
deliverables
•Project Schedule (updated)
•Meeting Minutes
•60% PS&E
•90% PS&E
•Permit Ready to Issue Plans
•Final PS&E
Plan Review and Final PS&E
• Submit plans and supporting calculations for Building Permit. • Complete plan review process to “permit ready to issue” (PRI) status. • Submit Final PS&E
ͳ Final design plans - one set (signed and sealed by the IDS design team) on Mylar (24” x 36” x 0.007 weight), 8 sets of hard copies/ prints of signed and sealed plans, and AutoCAD file format (2 CDs) ͳ Final Special Provisions—Word, Excel and PDF files
ͳ Final Engineers Estimate- Excel format for Engineers Estimate and final quantity calculations, Word for other report.

TASK 3 - BID & CONSTRUCTION SUPPORT
IDS will provide design support to the project throughout the Bid and Construction Phase.

Meetings
• Pre-Bid Meeting
• Pre-Construction Meeting
• 2 Progress Meetings on Site
• 6 Virtual Meetings
ͳ 2 Punch List Job Walks
ͳ 1 to create the list, one to confirm correct completion Submittal and RFI Review
• Initial review and one resubmittal review if required • Request for Information responses
ͳ 40 RFI’s assumed
Record Drawings
• Record Drawing Set as transfer of contractor’s field redline as built to IDS file.
deliverables
•Submittals
•40 RFI’s
•Punchlist, initial, and close out
•Record Drawings

ASSUMPTIONS
• Building materials testing to be by other than IDS or provided as an additional service. • IDS will locate CCTV cameras on plans based on City guidance and provide performance specification for Contractor Design-Build procurement.
• EV charging stations design assumes the existing electrical service supports the electrical demand created; if an upgrade of the electrical system is required design provided as an additional service. • Landscape design assumes localized planting replacement and that this will not require design for irrigation system improvements.

Packet Page. 1734
31 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053
ID Task Name Duration Start Finish
1 PS&E Phase Services 161 days Mon 6/8/26 Mon 1/18/27
2 Task 1: Concept Design Phase (6 Weeks) 30 days Mon 6/8/26 Fri 7/17/26 3 Notice to Proceed, Kick-off Meeting 1 day Mon 6/8/26 Mon 6/8/26 4 Site Investigation & Assessment 5 days Mon 6/8/26 Fri 6/12/26 5 Basis of Design (BOD), Concept Design Deliverables 20 days Mon 6/15/26 Fri 7/10/26 6 ROM Construction Cost Estimate 5 days Mon 7/13/26 Fri 7/17/26 7 City Review of Concept Design 10 days Mon 7/20/26 Fri 7/31/26 8 Concept Design Sign-off 0 days Fri 7/31/26 Fri 7/31/26 9 Task 2: Construction Design Phase (12 Weeks) 70 days Mon 8/3/26 Fri 11/6/26 10 60% PS&E, Architecture & Engineering Design 15 days Mon 8/3/26 Fri 8/21/26 11 60% Specifications 5 days Mon 8/24/26 Fri 8/28/26
12 60% Construction Cost Estimate 5 days Mon 8/31/26 Fri 9/4/26 13 City Page-turn Meeting & Review of 60% PS&E 10 days Mon 9/7/26 Fri 9/18/26 14 90% PS&E, Architecture & Engineering Design 15 days Mon 9/21/26 Fri 10/9/26 15 90% Specifications 5 days Mon 10/12/26 Fri 10/16/26
16 Internal QA/QC Review 3 days Mon 10/19/26 Wed 10/21/26 17 Final CD Plans 5 days Thu 10/22/26 Wed 10/28/26
18 Final Construction Cost Estimate 3 days Thu 10/29/26 Mon 11/2/26 19 Final CSI Format Specifications 4 days Tue 11/3/26 Fri 11/6/26 20 Submission of Construction Documents Package 1 day Mon 11/9/26 Mon 11/9/26 21 Final City Review Period 10 days Tue 11/10/26 Mon 11/23/26 22 Agency Review & Approvals (8 Weeks) 40 days Tue 11/24/26 Mon 1/18/27 23 Permit Issuance 0 days Mon 1/18/27 Mon 1/18/27
24 Task 3: Bid & Construction Support (38 Weeks) 190 days Tue 1/19/27 Mon 10/11/27 25 Bid Assistance, Q&A, Review & Recommendations 60 days Tue 1/19/27 Mon 4/12/27 26 Bid Award 0 days Mon 4/12/27 Mon 4/12/27
27 Construction Period 110 days Tue 4/13/27 Mon 9/13/27 28 Punch Walk, Closeout Submittal, and As-built Drawing Preparation 20 days Tue 9/14/27 Mon 10/11/27 29 Submittal of As-built Drawings 0 days Mon 10/11/27 Mon 10/11/27 PS&E Phase Services
Task 1: Concept Design Phase (6 Weeks)
Notice to Proceed, Kick-off Meeting
Site Investigation & Assessment
Basis of Design (BOD), Concept Design Deliverables
ROM Construction Cost Estimate
City Review of Concept Design
Concept Design Sign-off 7/31
Task 2: Construction Design Phase (12 Weeks)
60% PS&E, Architecture & Engineering Design
60% Specifications
60% Construction Cost Estimate
City Page-turn Meeting & Review of 60% PS&E
90% PS&E, Architecture & Engineering Design
90% Specifications
Internal QA/QC Review
Final CD Plans
Final Construction Cost Estimate
Final CSI Format Specifications
Submission of Construction Documents Package
Final City Review Period
Agency Review & Approvals (8 Weeks)
Permit Issuance 1/18
Task 3: Bid & Construction Support (38 Weeks)
Bid Assistance, Q&A, Review & Recommendations
22 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 6 13 20 27 4 11 18 25 1 8 15 22 29 6 13 20 27 3 10 17 24 31 7 Mar '26 Apr '26 May '26 Jun '26 Jul '26 Aug '26 Sep '26 Oct '26 Nov '26 Dec '26 Jan '27 Feb '27 2026
Task
Split
Milestone
Summary
Project Summary
External Tasks
External Milestone
Inactive Task
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
Progress
Deadline
03/13/2026 PROJECT SCHEDULE

CITY OF SAN BERNARDINO

THEATER PARKING STRUCTURE REHAB
IDS Group, Inc.
1 /2
Bid Award 4/12
Construction Period
Punch Walk, Closeout Submittal, and As-built Drawing Preparation Submittal of As-built Drawings 10/11
7 14 21 28 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13 20 27 4 11 18 25 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 5 12 19 Feb '27 Mar '27 Apr '27 May '27 Jun '27 Jul '27 Aug '27 Sep '27 Oct '27 Nov '27 Dec '27 2027
Task
Split
Milestone
Summary
Project Summary
External Tasks
External Milestone
Inactive Task
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
03/13/2026 PROJECT SCHEDULE

CITY OF SAN BERNARDINO

THEATER PARKING STRUCTURE

SCHEDULE
Packet Page. 1735
32 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053
Providing Deliverables Free of Errors
Specific to the City, our team will review projects at every stage of submittal for quality assurance. We have designated QA/QC senior architects and engineers who along with our designated Project Manager will review documents before they are submitted to the City.

Our program requires all engineering work be reviewed by an experienced Quality Assurance/Quality Control (QA/QC) Manager(s). The main objective of this program is to satisfy the City’s expectations for quality work from our design team and to limit the exposure of the City to problems that may arise during construction. The QA/QC Manager(s) will be in continuous contact with our Project Manager throughout the progress of the project.

Our practice stresses response to project requirements, adherence to applicable codes and regulations, developing work products consistent with standards prevailing in the profession, and producing reports conforming to our established in‐house standards. Throughout the course of the project, our Project Manager will be in continuous contact with our team members to ensure efficient use of the capabilities of the entire team. He will interact frequently with the City’s core group to ensure that we understand the requirements and preferences and to assure adherence to the project schedules and deliverables in a timely manner.

As a testimony to our audited Q/A Q/C procedures, IDS Group accomplished ISO 9001 Certification.

IDS QA/QC program manual based on ISO 9001 standard as applicable to A/E services:

1. Define the scope of work.

2. Determine processes to achieve the deliverables.

3. Perform the work.

4. Check (QC) the work.

5. Confirm the work is updated per checker(s).

6. Document the process.

Packet Page. 1736
33 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053
IDS has provided our fee proposal separately per the RFP.

8. FEE PROPOSAL
Packet Page. 1737
34 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053

9. INSURANCE

ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS
(Required Submittal)
VENDOR NAME: PHONE:

ADDRESS:

RFP F-26-1053

PROFESSIONAL DESIGN ENGINEERING SERVICES FOR
CALIFORNIA THEATRE PARKING STRUCTURE (3 LEVEL) REHABILITATION PROJECT NO. 9140, CIP NO. GB26-011
The Proposer shall demonstrate the willingness and ability to provide the required insurance coverage as set forth in the City requirements within ten (10) calendar days of notification of selection for contract award. The insurance requirements are detailed below:

COVERAGE TYPE MINIMUM POLICY LIMITS
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)
Aviation/Drone Liabiity (If applicable) $1,000,000 per occurrence Cyber Liability (If applicable) $1,000,000 per claim and aggregate (errors and omissions)
By signing below, the Proposer acknowledges that they have reviewed the City’s insurance requirements and confirm their ability to meet these requirements within the specified timeframe.

SUBMITTED BY: DATE: ___________________
(Authorized Representative Signature)
PRINT NAME: TITLE: ___________________
IDS Group, Inc. 949.387.8500
1280 Corona Pointe Court, Suite 409, Corona, CA 92879
Said Hilmy, PhD, PE, SE. LEED AP
March 13, 2026
Principal
Packet Page. 1738
35 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053

CONTRACT TERMINATION HISTORY
a. IDS HAS NOT failed to enter into a contract or design services agreement once selected. b. IDS HAS NOT withdrawn of a proposal as a result of an error. c. IDS HAS NOT BEEN terminated or failed to complete a contract. d. IDS HAS NOT BEEN Debarred by any municipal, county, state, federal or local agency. e. IDS HAS NOT BEEN involved in litigation, arbitration or mediation. There HAS NOT BEEN a conviction of the firm or its principals for violating a state or federal antitrust law by bid or proposal rigging, collusion, or restrictive competition between bidders or proposers, or conviction of violating any other federal or state law related to bidding or professional services performance. IDS HAS NOT knowingly concealed any deficiency in the performance of a prior contract.
f. IDS HAS NOT falsified information or submitted any deceptive or fraudulent statements in connection with a contract.
g. IDS HAS NOT willfully disregarded any applicable rules, laws or regulations.

LITIGATION
IDS Group, Inc. HAS NOT filed any claims NOR has any claims been filed against IDS related to our services in the past five (5) years.

10. CONTRACT TERMINATION

HISTORY & LITIGATION
Packet Page. 1739
36 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053

PROJECT MANAGEMENT & PROJECT CONTROLS
IDS’ project manager will implement project controls including timely and regular client communications, established monitoring to control costs and schedule. Activities under the umbrella of project controls include:

Project Planning: IDS’ Project Manager will create project plans, schedules, WBS, and budget to establish a baseline to work with throughout the project. This includes a kick-off meeting to deeply understand all of our client’s needs.

Budgeting: IDS’ team will provide schedule-phased budgets, a transparent model that will be available to serve as a benchmark throughout the project and as an important cash flow tool for accurate invoicing and project accounting.

Risk Management: Our team will preemptively identify risks, monitor risk continuously, and develop a contingency plan to address and mitigate issues to help reduce impacts to budget and schedule.

Forecasting: IDS’ team will perform regular updates to the schedule to ensure faster responses and corrective actions if a project schedule moves off-track.

Project Administration: This process involves established processes and systems that can help team members communicate and collaborate. The goal is to track status, action items, capture meeting minutes and lessons learned, and manage workflows seamlessly so teams can focus on efficient execution of project tasks.

Constructability Reviews
To improve project efficiency and constructability, IDS’ team leverages Bluebeam Revu®, a PDF-based solution designed for the construction industry, for each phase of the preconstruction process. Revu enables IDS to electronically share project feedback by redlining PDFs with industry-standard markups and takeoffs. In addition, IDS utilizes an online session collaboration feature, which allows multiple discipline-lead reviewers to comment on the same PDF together in real-time, or individually. As a result of this concurrent review, where team members can see comments made by other members, a more comprehensive, easy to understand, and quality list of comments are generated resulting in improved deliverables.

8. OTHER INFORMATION
Packet Page. 1740
37 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053
Work Schedule Management
The key to successfully implementing a project schedule is to: first, develop a realistic schedule with sufficient detail to define the critical‐path tasks required; second, implement a timely decision‐making process that continually moves the project forward in a proactive manner; and finally, to tenaciously adhere to that schedule with a continual sense of urgency. Equally important is to allow sufficient time for the Client’s involvement and evaluation of all design issues. The team prides itself on both our ability to build realistic, achievable schedules and to guide the design team, including the owner, through the decision‐making process that meets those critical timelines.

Bringing a Project Back on Schedule
We keep projects on track through constant team communication and anticipating possible delays in the schedule.

Before initiating a major project, the IDS Team will hold a special meeting to discuss work tasking and schedule constraints for each element of the project. Minutes from these meetings will be circulated to all Project Team members for their review and concurrence. Schedules will be distributed to all parties via email. Most importantly, the schedule is more than simply a reporting tool. It is an “early warning device” to anticipate possible delays and proactively manage activities. Our “percent complete” schedule will realistically measure work order progress. With such advance notice, each team leader can respond quickly to avoid task slowdowns and maintain the schedule. IDS typically holds Project Team meetings, which are scheduled bi‐monthly or weekly (as deemed necessary) to keep a project on “target” and “on track.”
Potential Problem
Method of Identification
Discussion Possible Corrective Action
with Agency
Communicate
to Project
Manager by
Staff
Team
Meetings
Progress
Review by
Project
Manager
Change in Requirements Expand Staff; accelerate schedule. Hold team meeting; revise staffing; revise
schedule and budget if necessary.
- Accelerated Delivery 
- Modification of Scope 
Slippage in Schedule    Expand staffing; revise schedule in consultation with Agency.

Attrition of Personnel    Execute backup plan for key staff; utilize existing resource pool.

Cost Growth    Absorb cost growth if no change in scope of work.

Quality of Work    
Immediate meeting of project Manager
and appropriate staff; possible staff
changes.

Subcontractor
Performance
  
Immediate discussions between Project
Manager and Subcontractor; implement
specific corrective action plan.

Delay in Review Process
at the Agency

Hold in-person review to expedite review
schedule; accelerate the response to
comment schedule.

The Project Manager will present persistent problems to senior management at IDS for assistance in problem resolution to assure that contract performance meets all Agency expectations and standards. The table below summarizes potential problem areas and the management methods IDS’ uses to identify and resolve them at the earliest possible time.

Packet Page. 1741
38 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053
Construction Observation | Administration
Scheduling is a critical component of the design and construction process. A project schedule for each assignment will be developed using the critical‐path‐method in Microsoft Project and / or Excel. The project schedule will be developed at the start of the project and will include all the phases and milestones that are identified by the City and / or mandated by project requirements. The design schedule will include meetings with the City project manager and its consultants at various milestones and provide status / progress reports. We will update the schedule and work plan regularly based on the actual hours worked that are tracked by our internal accounting system. In this way, we can adjust resources to ensure that the project milestones are completed on schedule. We also have an excellent record working on fast‐track projects. In these projects, it is essential for the design team to meet the critical path milestones that precede project completion.

Cost Estimates/ Cost Control
Our standard software, PlanSwift, provides the flexibility to quickly break out the itemized takeoff. This efficiency reduces the number of resources required to complete the takeoff for each project, and the program’s area and zone functions allow the estimator to sort the takeoff into multiple breakouts with minimal effort.

As design progresses, the more detailed documents can be virtually overlaid over previous ones, and changes/additions are immediately visible on screen. This ensures that our estimates at logical milestones during design (SD, DD, CD, etc.), can execute the later levels of design faster and more accurately.

When tasked with value engineering on the same project, our team members will go back and modify the original takeoffs to determine the less expensive methods or materials to construct the project. The benefit with PlanSwift is it allows the estimator to select the existing items and easily assign them to new or other existing conditions with the click of a button.

Value Engineering, Life Cycle Cost Analysis, and Bid Alternate Designation IDS performs in-house cost estimates to identify opportunities for alternate bids that will provide flexibility for our clients as they balance the project scope for construction and the cost of construction.

The first path to value engineering savings is constructability. Our construction cost estimator provides an internal constructability review, which will allow the design team to eliminate scope that will later prove to be impractical to build and therefore costly.

The second path to value engineering is the search for alternates that provide nearly equal performance at less initial cost. When considering these initial cost savings, IDS provides a life cycle cost analysis of the alternatives so that our clients can make informed choices.

Packet Page. 1742
1250 Corona Pointe Court, Suite 409, Corona, California 92879 951.631.8550 www.idsgi.com

12. CERTIFICATION OF

PROPOSAL
“The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.” Said Hilmy, PhD, PE, SE, LEED AP
Contract Administrator
Packet Page. 1743
40 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053

CERTIFICATION OF PROPOSAL
(Required Submittal)
VENDOR NAME: PHONE:

ADDRESS:

RFP F-26-1053

PROFESSIONAL DESIGN ENGINEERING SERVICES FOR
CALIFORNIA THEATRE PARKING STRUCTURE (3 LEVEL) REHABILITATION PROJECT NO. 9140, CIP NO. GB26-011
The undersigned hereby certifies that they are legally authorized to submit this proposal and to bind the entity on whose behalf this proposal is submitted.

The undersigned further certifies that the information contained in this proposal is true and correct to the best of their knowledge, and that the proposal is valid for a period of not less than 180 calendar days from the date of submission.
☐ This proposal includes exceptions to the RFP.

If checked, please identify the page number(s) and section(s) where exceptions appear:
☐ This proposal does not include exceptions to the RFP.

SUBMITTED BY: DATE: ___________________
(Authorized Representative Signature)
PRINT NAME: TITLE: ___________________
IDS Group, Inc. 949.387.8500
1250 Corona Pointe Court, Suite 409, Corona, CA 92876
Said Hilmy, PhD, PE, SE, LEED AP Principal
March 13, 2026
Packet Page. 1744
41 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053

PROPOSAL CHECKLIST
(as detailed in Chapter II. Request for Proposals, Section E. of the RFP) # REQUIRED DOCUMENT INCLUDED IN

BID PACKAGE
1 Required - Proposal
Technical Proposal
• Executive Summary (E.1)
• Table of Contents (E.2)
• Identification of Proposer (E.3)
• Staffing Resources (e.g., Assigned Personnel experience) (E.4) • Experience and Technical Competence (E.6)
• Proposed Method to Accomplish the Work (E.7)
• Litigation History (if any) (E.10)
• Other Information (pertinent to proposal) (E.11)
 Completion of other similar projects;
 Community involvement (if any);
 Prior projects, agreements, involvement with the City (if any);  No Conflict-of-Interest statement.
• Certification of Proposal (E.12)
 “The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.”
• Appendices (E.13)
• Statement of “No Deviations from RFP” (F.)
 If proposer does not take any exceptions or deviations from the terms and conditions indicated in the agreement, then the proposer must indicate this information by making a statement within the proposal documents.

Fiscal Stability (E.5)
• Current report from any Commercial Credit Rating Service (e.g. Dunn & Bradstreet); or
• Letter of Line of Credit from Financial Institution; and • CPA Audited Financial Statement.
☐
2 Required - Fee Proposal (E.8) ☐
3 Required - Certificate of Insurance (E.9) ☐
4 Required - Vendor Quote Form ☐
5 Required - Acknowledgement of Insurance Requirements ☐ 6 Required - Applicable Licenses ☐
Submittal Instructions: Electronic PDF file format via Planetbids on the date and time stated in the RFP.

Please allow time for system to process your proposal. The City shall not be responsible for proposals that are not received on time. The City will not be responsible for and will not accept late bids due to slow internet connection, or incomplete transmissions.

Packet Page. 1745
42 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053

APPENDIX
The following is our CONFIDENTIAL FINANCIAL STATEMENTS certified by a CPA.

Packet Page. 1746
AMMV Financial Services Inc
Certified Public Accountants
To Management
IDS Group Inc.

Irvine, CA
We have prepared the accompanying statement of assets, liabilities, and equity-income tax basis of IDS Group Inc. as of December 31, 2023 through December 31, 2024 and the related statement ofrevenues, expenses, and retained earnings-income tax basis for the year then ended. We have prepared, not audited, reviewed, or compiled the accompanying.financial statements and, accordingly, do not express an opinion, conclusion or provide any assurance on them. Management is responsible for the accuracy and completeness of the data.

Ashraf -Samir,
�
CPA 02/01/2025
464 E Bonita Ave, Suite 9
San Dimas, CA 91773
Phone: (626) 617-1164
Fax: (909} 632-4343

CONFIDENTIAL
Packet Page. 1747
Jan - Dec 24
Ordinary Income/Expense
Income
40000 · Consulting Income 83,606.14
41000 · Design Income
41006 · Preconstruction 24,477.68
41001 · Architectural Engineering 8,276,480.75
41002 · Civil Engineering 2,327,470.09
41003 · Electrical Engineering 1,204,171.91
41004 · Mechanical Engineering 2,096,907.76
41005 · Structural Engineering 2,318,611.22
41000 · Design Income - Other 459.00
Total 41000 · Design Income 16,248,578.41
42500 · Misc Reimbursables Income 7,018.04
43000 · Fee Adjustment -300.00
46500 · Retainer Due -14,590.00
49000 · Write Off & Discounts -623.19
Total Income 16,323,689.40
Cost of Goods Sold
50500 · Direct Labor
50507 · Direct -Employee Benefits 66,522.67
Total 50500 · Direct Labor 66,522.67
50000 · Cost of Goods Sold 131.63
51000 · Subcontracted Services
51007 · Cost Estimating 19,230.80
51006 · Consultants 154,286.39
51005 · Electrical Engineering 5,645.00
51004 · Mechanical Engineering 1,835.00
51001 · Architectural Engineering 549,927.63
51002 · Structural Engineering 147,284.78
51003 · Civil Engineering 317,819.44
51000 · Subcontracted Services - Other 979,205.22
Total 51000 · Subcontracted Services 2,175,234.26
52000 · Supplies (project related) 14,749.77
53000 · Reimbursed Expenses 67,476.32
Total COGS 2,324,114.65
Gross Profit 13,999,574.75
Expense
60940 · Promotion Expense 5,584.25
60780 · Outside Services Expense 4,325.00
60000 · Accounting & Legal 39,824.34
60050 · Alarm & Security 4,106.69
60075 · Amortization Expense 46,455.00
60100 · Automobile Expense 11,732.23
60150 · Bank Service Charges 3,047.16
60200 · Business Licenses and Permits 6,729.05
60225 · Computer/Software Expense 231,210.70
60300 · Continuing Education 3,214.90
60275 · Cleaning & Disposal 18,275.00
60325 · Company Events
60326 · Thanksgiving Event 1,713.15
60327 · Christmas Event 10,199.76
60329 · Others 884.72
60325 · Company Events - Other 1,346.90
Total 60325 · Company Events 14,144.53
60350 · Dues and Subscriptions 12,026.91
10:00 AM IDS Group, Inc.
09/17/25 Profit & Loss
Accrual Basis January through December 2024

CONFIDENTIAL
Packet Page. 1748
Jan - Dec 24
60375 · Delivery & Shipping 3,456.77
60400 · Depreciation Expense 15,078.00
60450 · Donations and Contributions 30,000.00
60460 · Employee Benefits-Indrect 46,522.60
60500 · Employee Insurance
60501 · Employee Paid -420,361.47
60502 · Company Paid 1,038,311.91
60506 · Dental Insurance Company Paid 122,611.61
60500 · Employee Insurance - Other 13,151.78
Total 60500 · Employee Insurance 753,713.83
60550 · Insurance Expense 244,309.93
60650 · Interest Expense 500.00
60675 · Leased Equipment -Irvine 11,428.89
60750 · Marketing 8,965.85
60775 · Meals & Meetings 3,289.37
60800 · Office Supplies
606804 · Los Angeles Office- Supply 377.06
606902 · Corona Office - Supplies 2,297.07
606952 · Encinitas Office - Supplies 858.67
60800 · Office Supplies - Other 56,878.87
Total 60800 · Office Supplies 60,411.67
60850 · Payroll Expenses - Employees
606803 · Los Angeles Office - Wages 110,700.66
60861 · Mechanical 1,201,542.41
60860 · Electrical 1,040,773.15
60859 · China Lake -Parsons 128.79
60858 · Covid 19 Expense 0.00
60857 · Civil 1,085,029.53
60854 · Architectural 2,562,896.69
60853 · Structure 1,379,642.18
60855 · Officers 418,949.96
60856 · Administration 963,993.80
60850 · Payroll Expenses - Employees - Other 2,384.80
Total 60850 · Payroll Expenses - Employees 8,766,041.97 60880 · Payroll Tax Expense 673,855.94
60900 · Pension Plan Expense 3,825.00
60950 · Property Tax 6,767.14
61000 · Plotting & Printing 10,422.28
61050 · Plan Check Fee 3,450.45
61200 · Repairs and Maintenance 6,598.08
61300 · Recruiting Expense 145,607.96
61400 · Research & Development 237,862.50
61500 · Rent Expense
61503 · Rent - Pasadena Office 23,751.25
606801 · Los Angeles Office - Rent 30,287.59
606901 · Corona Office - Rent 62,392.70
606951 · Encinitas Office - Rent 31,089.70
61501 · Rent - Irvine 500,500.00
61502 · Rent - Civil 64,995.35
61500 · Rent Expense - Other 52,027.06
Total 61500 · Rent Expense 765,043.65
61600 · Saudi Arabia Office/Project Exp 8,731.11
61700 · Tax & License 8,157.04
61800 · Telephone & Internet Expense 20,737.87
61900 · Travel Expense 8,292.58
62100 · Utilities
606802 · Los Angeles Office - Utilities 271.01
606903 · Corona Office -Utilities 1,718.19
606953 · Encinitas Office - Utilities 5,275.48
10:00 AM IDS Group, Inc.
09/17/25 Profit & Loss
Accrual Basis January through December 2024

CONFIDENTIAL
Packet Page. 1749
Jan - Dec 24
62100 · Utilities - Other 104,305.42
Total 62100 · Utilities 111,570.10
Total Expense 12,355,316.34
Net Ordinary Income 1,644,258.41
Other Income/Expense
Other Income
47000 · Miscellaneous Income 0.00
47500 · Golf Tournament 48,000.00
47600 · Credit card Fees - Golf -1,124.45
Total Other Income 46,875.55
Other Expense
60328 · Golf Tournament Expenses 29,297.28
70000 · Other Expense 3,700.00
Total Other Expense 32,997.28
Net Other Income 13,878.27
Net Income 1,658,136.68
10:00 AM IDS Group, Inc.
09/17/25 Profit & Loss
Accrual Basis January through December 2024

CONFIDENTIAL
Packet Page. 1750

SOLUTIONS
t h r o u g h i n t e g r a t e d d e s i g n
9 8 0 M o n t e c i t o D r . S u i t e 2 0 5 , C o r o n a , C A 9 2 8 7 9 T : 9 4 9 . 3 8 7 . 8 5 0 0
w w w . i d s g i . c o m
Packet Page. 1751
City of San Bernardino
Professional Design Engineering Services

CALIFORNIA THEATER PARKING STRUCTURE
REHABILITATION - Project No. 9140
Apr il 15, 2026 - Updated

COST FILE
Packet Page. 1752

CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053

VENDOR QUOTE FORM
(Required Submittal)
VENDOR NAME: PHONE:

ADDRESS:

RFP F-26-1053

PROFESSIONAL DESIGN ENGINEERING SERVICES FOR
CALIFORNIA THEATRE PARKING STRUCTURE (3 LEVEL) REHABILITATION PROJECT NO. 9140, CIP NO. GB26-011
The undersigned hereby submits the following price quote in response to the above-referenced RFP. Pricing includes all labor, materials, equipment, transportation, and services necessary to perform the work described in the RFP.

ITEM NO. DESCRIPTION QUANTITY UNIT COST
TOTAL
AMOUNT

TOTAL VENDOR QUOTE
Total Number of Additional Pages:

I declare under penalty of perjury that the information provided herein is true and correct.

SUBMITTED BY: DATE: ___________________
(Authorized Representative Signature)
PRINT NAME: TITLE: ___________________
LIC. NO: CLASSIFICATION: DIR REG. NO: _______________
ative Signature)
IDS Group, Inc. 949.387.8500
1250 Corona Pointe Court, Suite 409, Corona, CA 92879
2 Said Hilmy, PhD, PE, SE, LEED AP
S3680 | C43988 Structural/Civil 1000034536
April 15, 2026
1 Architectural & Engineering Services 1 $107,980 $107,980 2 HAZMAT 1 $7,000 $7,000
$114,980
Principal
Packet Page. 1753

CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053

FEE PROPOSAL
The following is a Summary of Fees followed by a Detailed Breakdown and Rate Sheet.

Design Disciplines Architecture Landscape
Arch Structural Electrical Mechanical/
Plumbing Civil Precon Subtotal HAZ-MAT
Allowance Total
TASK 1 SITE INVESTIGATION AND
EXISTING CONDITIONS ASSESSMENT $17,745 $1,725 $3,355 $1,745 $1,625 $1,625 $4,080 $31,900 $4,000 $35,900 TASK 2 DESIGN AND CONSTRUCTION
DOCUMENTS $32,750 $5,661 $10,529 $9,345 $5,805 $9,270 $2,720 $76,080 $3,000 $79,080 TOTAL PROPOSAL FEE $50,495 $7,386 $13,884 $11,090 $7,430 $10,895 $6,800 $107,980 $7,000 $114,980 Summary of Fees
San Bernardino California Theater Parking Structure Rehabilitation Addition
Support
Services
Packet Page. 1754

CITY OF SAN BERNARDINO
Professional Design Engineering Services
CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053
IDS Group
Staff Allocations per Discipline:

Role/Classifications: Hours IDS Fees Associate Principal Overall PM Architect (RA) CAD Drafting Associate Principal Snr Landscape Architect BIM Designer Principal Senior Proj. Eng. (SE) BIM Designer Hourly Rate: $ 215 225 $ 175 $ 120 $ Hrs Fees 225 $ 150 $ 139 $ Hrs Fees 235 $ 195 $ 139 $ Hrs Fees TASK 1 SITE INVESTIGATION AND EXISTING CONDITIONS ASSESSMENT 184 $31,900 1 16 64 24 $17,745 110 0 $1,725 116 0 $3,355 Conprehensive Assessment 106 $19,220 1 8 24 33 $6,145 18 9 $1,425 112 13 $2,575Existing Conditions Evaluation and Documentation 60 $9,340 4 32 24 60 $9,340 0 $0 0 $0Review with the City the Deliverable 18 $3,340 4 8 12 $2,260 2 2 $300 4 4 $780Submit 60% PS&E to City 193 $27,330 1 8 16 79 104 $14,225 0 $0 820 28 $4,340Submit 90% PS&E to City 246 $34,924 8 16 80 104 $14,120 12 20 32 $4,580 820 28 $4,340Plan Review and Final PS&E 86 $13,826 1 4 8 16 29 $4,405 124 7 $1,081 146 11 $1,849 TOTAL - Hours 709 3 36 104 199 342 2 19 24 50 2 36 46 84 Total Fees $107,980 $50,495 $7,386 $13,884
Additional Support Services $7,000
Grand Total $114,980
San Bernardino California Theater Parking Structure Rehabilitation TOTAL Architecture Landscape Arch Structural
Subtotal Subtotal Subtotal
HAZ-MAT Allowance
Associate
Principal
Senior Proj.

Eng. (PE) CAD Designer Associate Principal Engineer (PE) BIM Designer Associate Principal Engineer (PE) CAD Designer Senior Cost Estimator if required $ 225 $ 190 $ Hrs Fees 120 $ 225 $ 175 $ Hrs Fees 139 $ 225 $ 175 $ Hrs Fees 120 $ Hrs Fees 170 180 $1,745 180 $1,625 180 $1,625 24 $4,080 $4,000
18 9 $1,745 18 9 $1,625 18 9 $1,625 24 24 $4,080 $ 4,000.00 0$0 0$0 0$0 0 $0
0$0 0$0 0$0 0 $0
818 26 $3,680 0 $0 2 520 27 $3,725 8 8 $1,360816 24 $3,440 8 16 24 $3,624 2 622 30 $4,140 4 4 $680 $ 2,000.00 184 13 $2,225 184 13 $2,181 144 9 $1,405 4 4 $680 $ 1,000.00 2 32 38 72 2 24 20 46 11 38 92 75 56 40
$11,090 $7,430 $10,895 $6,800 $7,000
Subtotal Subtotal
Electrical Mechanical/ Plumbing Civil Precon
Subtotal Subtotal
Packet Page. 1755

CITY OF SAN BERNARDINO
Professional Design Engineering Services
1 2025 ON-CALL RATES

IDS GROUP
Rate Sheet

ARCHITECTURE ENGINEERING
Title Hourly Rate Title Hourly Rate
Principal $235.00 Principal $235.00
Associate Principal $225.00 Associate Principal $223.00 Senior Project Manager $215.00 Senior Project Manager $215.00 Project Manager $200.00 Project Manager $200.00
Senior Architect (RA) $195.00 Senior Project Engineer (SE) $195.00 Architect (RA) $175.00 Senior Project Engineer (PE) $190.00 Senior Designer $170.00 Engineer (SE) $190.00
Designer $160.00 Engineer (PE) $175.00
Job Captain $140.00 Senior Designer $170.00
BIM Designer $139.00 Designer $160.00
CAD Drafting $120.00 BIM Designer $139.00
Senior Planner $211.00 CAD Drafting $120.00
Planner $175.00 QA/QC Manager $214.00
Sr. Landscape Architect (PLA) $150.00 Senior Office Administration $75.00 Landscape Architect (PLA) $125.00 Administration & Accounting $70.00 QA/QC Manager $214.00
Senior Office Administration $75.00
Administration & Accounting $70.00

SURVEYING PRECONSTRUCTION/COST ESTIMATION
Title Hourly Rate Title Hourly Rate
Two-Person Survey Crew $310.00 Senior Cost Estimator $175.00 Senior Surveyor (In House) $200.00 Cost Estimator $170.00 Lead Surveyor (In House) $110.00
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 presentations shall be billed to the owner at the Consultant’s direct cost plus 10%.

CALIFORNIA THEATER PS (3-Level) REHABILITATION
RFP No. F-26-1053 Packet Page. 1756

SOLUTIONS
t h r o u g h i n t e g r a t e d d e s i g n
9 8 0 M o n t e c i t o D r . S u i t e 2 0 5 , C o r o n a , C A 9 2 8 7 9 T : 9 4 9 . 3 8 7 . 8 5 0 0
w w w . i d s g i . c o m
Packet Page. 1757
Packet Page. 1758

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 17, 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 of Construction Agreement to Leonida Builders, Inc. for Storm Drain Improvements at W Hill Drive in the amount of $495,350.00 and Contingency of $74,000.00 for a Total Amount of $569,350.00 (Ward 4)
Recommendation:

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

1. Approve the award of a Construction Agreement with Leonida Builders, Inc., in the amount of $495,350.00 for the Storm Drain Improvements at W Hill Drive (Project); and

2. Authorize the construction contingencies, construction management, and administrative costs in the total amount of $74,000.00 for the Project, bringing the total Project budget to $569,350.00; and

3. Authorize the City Manager or designee to execute all documents with Leonida Builders, 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 of the award of a construction agreement with Leonida Builders Inc. in the amount of $569,350.

Executive Summary
Awarding this Agreement will enable improvements along W Hill Drive to address natural spring water and storm runoff, enhancing drainage, infrastructure protection, and public safety. The Project will construct underground storm drain infrastructure Packet Page. 1759
along Hill Drive to capture and convey spring water currently flowing on the surface, reducing roadway flooding and erosion while improving overall drainage conditions and roadway reliability. It will be carried out with an emphasis on quality, environmental compliance, and minimizing community impacts, and upon completion will enhance system reliability while reducing long-term maintenance needs.

Background
Residents in the vicinity of W Hill Drive have experienced ongoing flooding and roadway damage due to natural spring water and storm runoff flowing along W Hill Drive. The runoff originates near the northwest corner of W Hill Drive and N Acacia Avenue and travels downstream to the existing basin at N Mayfield Avenue and W Hill Drive. However, the current drainage infrastructure is inadequate to accommodate these flows, resulting in recurring flooding and maintenance concerns in the area.

On August 7, 2024, Mayor and City Council adopted Resolution No. 2024-177, approving Task Order No. 001 with Rick Engineering Company, Inc. in the amount of $108,980 for design services related to the W. Hill Drive Near N. Acacia Drainage Improvements Project. And authorized the Director of Finance and Management Services to amend the FY 2024/25 Capital Improvement Plan and record a supplemental appropriation.

On June 4, 2025, Mayor and City Council adopted Resolution No. 2025-298, approving the City of San Bernardino’s Fiscal Year 2025/26 Operating Budget and 2025/26- 2029/30 Capital Improvement Plan allocating $1,500,000 from Measure S to the Hill Drive Storm Drain Project construction phase.

Discussion
The proposed construction agreement includes installation of a new reinforced concrete storm drain pipeline, construction of catch basins and headwalls, and replacement of concrete curb and restoration of paving, all to be completed within 90 calendar days.

The Project was publicly advertised for competitive bidding through PlanetBids on February 23, 2026, and bids were opened on March 25, 2026. A total of fifteen (15) sealed bids were received. The total bids are as follows:
# NAME OF BIDDER CITY TOTAL BID
1 Leonida Builders, Inc. Acton, CA $495,350.00
2 Estate Design and Construction Culver City, CA $574,200.00 3 Boudreau Pipeline Construction Corona, CA $634,966.50 4 Voltaire Engineering Inc. Redlands, CA $704,320.00
Packet Page. 1760
5 Wright Construction Engineering San Marcos, CA $726,465.00 6 Dominguez General Engineering Pomona, CA $729,575.00
7 Narrow Path Engineering, Inc. Beaumont, CA $839,500.00 8 Gentry General Engineering, Inc. Colton, CA $808,958.50 9 TE Roberts, Inc. Irvine, CA $822,543.00
10 Griffith Company Brea, CA $1,041,220.50
11 El-Co Construction Co. San Bernardino, CA $1,162,775.00 12 KEC Engineering, Inc. Corona, CA $1,487,890.00
13 Riverside Construction Co. Riverside, CA $1,312,764.00 14 Kirtley Construction, Inc San Bernardino, CA $1,595,380.00 15 Shiraz Construction Sherman Oaks, CA $2,281,300.00
After review, staff determined that Leonida Builders, Inc., of Acton City, California, submitted the lowest responsive and responsible bid in the amount of $495,350.00.

Staff verified the firm’s bid documents, CSLB license, and DIR registration, confirming all requirements were met, and recommend awarding the construction agreement accordingly.

The construction cost is $495,350.00 with an additional $74,000.00 budgeted for contingencies, construction management, and administrative expenses. This results in a total project cost of $569,350.00. The Project is fully funded through Measure S fund.

Project Cost
Lowest Bid $495,350
Contingency & Administrative Cost $74,000
Total Construction Cost $569,350
Funding for this Project is under Measure S, as part of the budget adoption for fiscal year 2025/26 with a budget of $1,500,000.00. Of this amount, $596,350.00 is needed for the construction leaving a remaining balance of $903,650.00 for future expenses or additional Project needs.

Budget
Available Budget (Measure S) $1,500,000.00
Project Total Cost $569,350.00
Remaining Budget (Measure S) $903,650.00
Packet Page. 1761
2021-2025 Strategic Targets and Goals
This project is consistent with Key Strategic Target and Goal No. 3: Improved Quality of Life – Evaluate and enhance the quality of public safety services and improve the City’s appearance, cleanliness and attractiveness.

Fiscal Impact
There is no general fund impact associated with this item. The total project cost is $569,350.00 and will be funded through Measure S fund.

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

1. Approve the award of a Construction Agreement with Leonida Builders, Inc., in the amount of $495,350.00 for the Storm Drain Improvements at W Hill Drive (Project); and

2. Authorize the construction contingencies, construction management, and administrative costs in the total amount of $74,000.00 for the Project, bringing the total Project budget to $569,350.00; and

3. Authorize the City Manager or designee to execute all documents with Leonida Builders, Inc.; and

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

Attachments
Attachment 1 Construction Agreement with Leonida Builders, Inc.

Attachment 2 Bid Tabulation
Attachment 3 Bid Proposal
Attachment 4 Location Map
Ward:

Ward 4
Synopsis of Previous Council Actions:

August 7, 2024, Mayor and City Council approved a design services agreement with RICK Engineering Company, Inc. in the amount of
$108,980 for the Natural Spring Water Flow Diversion project at W Hill Drive. (Ward4)
June 4, 2025, Mayor and City Council adopted Resolution No. 2025-298, approving the City of San Bernardino’s Fiscal Year 2025/26 Operating Budget and 2025/26-2029/30 Capital Improvement Packet Page. 1762
Plan allocating $1,500,000 from Measure S to the Hill Drive Storm Drain Project construction phase.

CC: Eric Levitt, City Manager
Packet Page. 1763
STORM DRAIN IMPROVEMENT AT W. HILL DR -39-
00 52 13 – CONTRACT FOR CONSTRUCTION
00 52 13 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. SD25-002 is made and entered into this Wednesday day of May 20, 2026, by and between the CITY OF SAN BERNARDINO, with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, sometimes hereinafter called the “City” and Leonida Builders Inc. sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

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

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

ARTICLE 2. TIME FOR COMPLETION.

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

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of
Four Hundred Ninety-Five Thousand Three Hundred Fifty Dollars ($495,350.00). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.

ARTICLE 4. LIQUIDATED DAMAGES.

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

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,500 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may Packet Page. 1764
STORM DRAIN IMPROVEMENT AT W. HILL DR -40-
00 52 13 – CONTRACT FOR CONSTRUCTION
deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following WITH APPENDICES:

Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

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

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not Packet Page. 1765
STORM DRAIN IMPROVEMENT AT W. HILL DR -41-
00 52 13 – CONTRACT FOR CONSTRUCTION
limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 7. INDEMNIFICATION.

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

ARTICLE 8. PREVAILING WAGES.

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

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Packet Page. 1766
STORM DRAIN IMPROVEMENT AT W. HILL DR -42-
00 52 13 – CONTRACT FOR CONSTRUCTION
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF SAN BERNARDINO
By:

Eric Levitt, City Manager
Leonida Builders Inc.

By:

Its:

ATTEST:

By:

Telicia Lopez, City Clerk
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
Printed Name:

Contractor’s License Number and
Classification
DIR Registration Number
(CONTRACTOR’S SIGNATURE MUST BE NOTARIZED AND CORPORATE

SEAL AFFIXED, IF APPLICABLE)

END OF CONTRACT
Packet Page. 1767
Quantity Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 MOBILIZATION 1.00 LS $ 40,000.00 $ 40,000.00 $ 57,420.00 $ 57,420.00 $ 51,471.00 $ 51,471.00 $ 80,000.00 $ 80,000.00 $ 68,000.00 $ 68,000.00 $ 30,000.00 $ 30,000.00 2 TRAFFIC CONTROL 1.00 LS $ 30,000.00 $ 30,000.00 $ 35,400.00 $ 35,400.00 $ 83,525.00 $ 83,525.00 $ 20,000.00 $ 20,000.00 $ 15,000.00 $ 15,000.00 $ 10,000.00 $ 10,000.00 3 CLEARING, GRUBBING AND BMPS 1.00 LS $ 10,000.00 $ 10,000.00 $ 21,469.50 $ 21,469.50 $ 8,715.00 $ 8,715.00 $ 35,000.00 $ 35,000.00 $ 15,000.00 $ 15,000.00 $ 20,000.00 $ 20,000.00 4 INSTALL 18' RCP (D=LOAD=2,000) 1180.00 LF $ 152.50 $ 179,950.00 $ 156.00 $ 184,080.00 $ 191.00 $ 225,380.00 $ 210.00 $ 247,800.00 $ 323.00 $ 381,140.00 $ 295.00 $ 348,100.00 5 CONSTRUCT CURB INLET CATCH BASIN No.1 per CITY OF SAN BERNARDINO STD DWG NO. 403 1.00 EA $ 6,000.00 $ 6,000.00 $ 9,360.00 $ 9,360.00 $ 9,071.00 $ 9,071.00 $ 14,600.00 $ 14,600.00 $ 7,000.00 $ 7,000.00 $ 11,000.00 $ 11,000.00 6 CONSTRUCT CURB INLET CATCH BASIN No.1 per CITY OF SAN BERNARDINO STD DWG NO. 404 1.00 EA $ 6,000.00 $ 6,000.00 $ 10,200.00 $ 10,200.00 $ 9,071.00 $ 9,071.00 $ 14,800.00 $ 14,800.00 $ 7,000.00 $ 7,000.00 $ 15,000.00 $ 15,000.00 7 CONSTRUCT LOCAL DEPRESSION per CITY OF SAN BERNARDINO STD DWG NO. 407 2.00 EA $ 3,000.00 $ 6,000.00 $ 3,480.00 $ 6,960.00 $ 2,568.00 $ 5,136.00 $ 5,860.00 $ 11,720.00 $ 2,600.00 $ 5,200.00 $ 4,000.00 $ 8,000.00 8 CONSTRUCT CONNECTION TO CATCH BASIN per CITY OF SAN BERNARDINO STD DWG NO. 416 1.00 EA $ 3,000.00 $ 3,000.00 $ 4,920.00 $ 4,920.00 $ 9,387.00 $ 9,387.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 6,500.00 $ 6,500.00 9 INSTALL 24" X 24" CONCRETE DROP INLET PER BROOKS BOX 1.00 EA $ 2,000.00 $ 2,000.00 $ 7,080.00 $ 7,080.00 $ 3,399.00 $ 3,399.00 $ 8,500.00 $ 8,500.00 $ 5,000.00 $ 5,000.00 $ 10,000.00 $ 10,000.00 10 INSTALL CHAIN LINK FENCE PER CALTRANS STD NO. A85 20.00 LF $ 200.00 $ 4,000.00 $ 132.00 $ 2,640.00 $ 217.00 $ 4,340.00 $ 150.00 $ 3,000.00 $ 115.00 $ 2,300.00 $ 200.00 $ 4,000.00 11 CONSTRUCT WING-TYPE HEADWALL PER COUNTY OF SAN BERNANARDINO STD. NO. 209 1.00 EA $ 13,000.00 $ 13,000.00 $ 10,260.00 $ 10,260.00 $ 17,463.00 $ 17,463.00 $ 8,700.00 $ 8,700.00 $ 18,000.00 $ 18,000.00 $ 17,000.00 $ 17,000.00 12 INSTALL GROUTED STONE OUTLET PAD PER S.B. FLOOD CONTROL DISTRICT STD PLAT S.P. PLAT 195-A 35.00 SF $ 40.00 $ 1,400.00 $ 90.00 $ 3,150.00 $ 311.00 $ 10,885.00 $ 120.00 $ 4,200.00 $ 100.00 $ 3,500.00 $ 230.00 $ 8,050.00 13 CONSTRUCT MANHOLE NO. 2 per CITY OF S.B. STD NO.415AND STD 304 FOR MANHOLE COVER 4.00 EA $ 8,000.00 $ 32,000.00 $ 10,560.00 $ 42,240.00 $ 13,563.00 $ 54,252.00 11450.00 $ 45,800.00 $ 7,500.00 $ 30,000.00 $ 12,000.00 $ 48,000.00 14 REMOVE EXISTING ASPLALT PAVEMENT SECTION 6250.00 SF $ 3.00 $ 18,750.00 $ 5.64 $ 35,250.00 $ 2.00 $ 12,500.00 $ 3.00 $ 18,750.00 $ 3.50 $ 21,875.00 $ 3.00 $ 18,750.00 15 INSTALL MINIMUM PAVEMENT REPAIR per CITY OF S.B. STD DWG NO. 310 TREACH SPECIFICATIONS 6250.00 SF $ 7.00 $ 43,750.00 $ 11.88 $ 74,250.00 $ 8.00 $ 50,000.00 $ 9.00 $ 56,250.00 $ 8.00 $ 50,000.00 $ 7.00 $ 43,750.00 16 REMOVE AND REPLACE EXISITING CONCRETE OVER 95% COMPACTION TO MATCH EXISTING(6" THICK MIN) 30.00 CY $ 300.00 $ 9,000.00 $ 720.00 $ 21,600.00 $ 545.00 $ 16,350.00 $ 1,000.00 $ 30,000.00 $ 1,000.00 $ 30,000.00 $ 2,000.00 $ 60,000.00 17 REMOVE AND REPLACE EXISITING GROUTED RIP-RAP OVER 95% COMPACTION TO MATCH EXISTING 260.00 SF $ 100.00 $ 26,000.00 $ 13.20 $ 3,432.00 $ 71.00 $ 18,460.00 $ 22.00 $ 5,720.00 $ 40.00 $ 10,400.00 $ 50.00 $ 13,000.00 18 REMOVE EXISITING CURB AND REPLACE WITH 6" CURB PER CITY STD DWG NO. 200 TO MATCH EXISITING 40.00 LF $ 100.00 $ 4,000.00 $ 99.00 $ 3,960.00 $ 357.00 $ 14,280.00 $ 161.00 $ 6,440.00 $ 42.00 $ 1,680.00 $ 100.00 $ 4,000.00 19 REMOVE EXIST.SIDEWALK AND REPLACE WITH 0.3' PCC SIDWALK PER CITY STD DWG NO. 202 TO EXIST. 250.00 SF $ 14.00 $ 3,500.00 $ 19.80 $ 4,950.00 $ 32.00 $ 8,000.00 $ 30.00 $ 7,500.00 $ 25.00 $ 6,250.00 $ 25.00 $ 6,250.00 20 REMOVE EXISTING CONCRETE AND REPLACE WITH 8" CONCRETE CROSS 1.50 CY $ 1,000.00 $ 1,500.00 $ 495.00 $ 742.50 $ 2,431.00 $ 3,646.50 $ 3,600.00 $ 5,400.00 $ 1,800.00 $ 2,700.00 $ 2,000.00 $ 3,000.00 21 INSTALL 24" RCP (D-LOAD+2,000) 85.00 LF $ 300.00 $ 25,500.00 $ 237.60 $ 20,196.00 $ 231.00 $ 19,635.00 $ 344.00 $ 29,240.00 $ 340.00 $ 28,900.00 $ 355.00 $ 30,175.00 22 23
24 25
26 27
28 29
30 31
32 Apparent Low
Bidder 1
Apparent Low
Bidder 2
Apparent Low
Bidder 3
Apparent Low
Bidder 4
Apparent Low
Bidder 5
Apparent Low
Bidder 6
$465,350.00 $559,560.00 $634,966.50 $653,920.00 $709,445.00 $714,575.00 $465,350.00 $559,560.00 $634,966.50 $653,920.00 $709,445.00 $714,575.00 A1. UTILITY STANDBY TIME (PER THE CITY) 1.00 MONTH $ 30,000.00 $ 30,000.00 $ 14,640.00 $ 14,640.00 $ - $ - $ 50,400.00 $ 50,400.00 $ 17,020.00 $ 17,020.00 $ 15,000.00 $ 15,000.00 $ 30,000.00 $ 14,640.00 $ - $ 50,400.00 $ 17,020.00 $ 15,000.00 $495,350.00 $574,200.00 $ 634,966.50 $704,320.00 $ 726,465.00 $ 729,575.00 TOTAL TOTAL $0.00 TOTAL $0.00 TOTAL $0.00 TOTAL $0.00 TOTAL

1. BID TABULATION
PROJECT NAME: W. HILL DR STORM DRAIN IMPROVEMENTS
PROJECT NO: 13649

BID TABULATION
Apparent Low Bidder 1 Apparent Low Bidder 2
LEONIDA BUILDERS, INC. ESTATE DESIGN AND
CONSTRUCTION, INC. VOLTAIRE ENGINEERING, INC. WRIGHT CONSTRUCTION ENGINEERING

DOMINGUEZ GENERAL

ENGINEERING
Apparent Low Bidder 3

BOUDREAU PIPELINE

CONSTRUCTION

BID ITEM & DESCRIPTION

BID RANKING

ADDITIVE
Apparent Low Bidder 4 Apparent Low Bidder 5 Apparent Low Bidder 6

TOTAL BID AMOUNT CALCULATED BASED ON UNIT PRICES

TOTAL BID AMOUNT INDICATED BY BIDDER

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

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

ADDITIVE TOTAL
BASE BID + ADDITIVE TOTAL

IS THE BIDDER QUALIFIED BASED ON REFERENCE PROJECTS
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 17, 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 of Construction Agreement to Matich Corporation, for the Pavement Rehabilitation at Six Major Locations in the amount of $9,121,210.00 (Project No. 13682) (Wards
1,2,3,5,6,7)
Recommendation:

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

1. Approve the award of the Construction Agreement with Matich Corporation, in the amount of $9,121,210.00 for the Pavement Rehabilitation at Major Arterial Entrances (Project); and

2. Authorize the Project construction, construction contingencies, construction management, staff administrative costs, and independent soil and pavement testing, in the total amount of $1,378,790 for construction of the Project; and

3. Adopt Resolution No. 2026-085 authorizing the Director of Finance and Management Services to amend the FY 2025/26 Capital Improvement Plan (CIP) budget by appropriating an additional $2,529,665.28 in SB 1 (RMRA Gas Tax) funds and $500,000.00 in Gas Tax funds from ADA ramp improvements and amend the FY 2025/26 revenue and expenditure budget by appropriating $117,583.82 from the In-Lieu Fee Account for the Project; and

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

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

Packet Page. 1811
City Manager's Comments
The City Manager recommends approval of $9.121 million for pavement rehabilitation work at major arterial entrances.

Executive Summary
Awarding the Construction Agreement for Pavement Rehabilitation at Major Arterial Entrances will address critical roadway maintenance needs at several major locations at entrances throughout the City. This Agreement will enable the City to issue a Notice to Proceed to Matich Corporation, starting the process of upgrading and rehabilitation of deteriorated pavement. The scope of work includes clearing, full concrete and asphalt construction, traffic striping, utility adjustments, and traffic control. The Project will be funded through the RMRA and Measure I funds.

Background
As part of the City’s ongoing commitment to maintaining and enhancing its roadway infrastructure, City staff has identified six major arterial corridors for pavement rehabilitation and operational improvements. These enhancements are designed to improve key gateways into the City, support better traffic flow, extend the service life of the roadway network, and upgrade more than 80 ramps to meet ADA compliance standards.

On April 8th, 2024, the City of San Bernardino received an in-lieu fee payment in the amount of $117,583.82 from Simon CRE in satisfaction of the required off-site improvement conditions of approval for the development located at 2536 Highland Avenue. The City’s Six Major Entrances Project includes improvements at Highland Avenue, which encompasses the same location associated with the development.

On June 4th, 2025, the Mayor and City Council adopted Resolution No. 2025-306 approving the Road Maintenance and Rehabilitation proposed project list for submittal to the California Transportation Commission and adopting a list of projects for Fiscal Year 2025/26 to be funded by Senate Bill 1: Road Repair and Accountability Act of 2017.

On June 4th, 2025, the Mayor and City Council adopted Resolution No. 2025-307 authorizing the Interim Director of Finance and Management Services to amend the FY 2025/26 Capital Improvement Plan, recording supplemental appropriations in the amount of $5,943,708.00 in SB1 Fund and $1,409,042.90 in Measure I Fund, for a total additional appropriation of $7,352,750.90 for Street Rehabilitation – Major Arterial Entrances to the City Project.

On September 25th, 2025, Hilltop Geotechnical, Inc. issued a Pavement Design Report for six locations within the City of San Bernardino, which included a comprehensive pavement evaluation. The evaluation involved the exploration of both surface and subsurface conditions of the streets, conducted between July 24th, 2025 to July 31st, Packet Page. 1812
2025.

The Project includes the following locations:
• W 2nd Street from 215 Freeway to Arrowhead Avenue
• E Highland Avenue from Arden Avenue to Rockford Ave
• S Tippecanoe Avenue from E Hospitality Lane to Hardt Street • University Parkway from N State Street to W Kendall Drive • W Baseline Street from N Perris Street to N Mt Vernon Avenue • Waterman Avenue from 210 Freeway to Highland Avenue
Discussion
The Project will provide new pavement at six locations along the City’s major arterial streets. Construction activities include more than 80 ADA ramp upgrades, concrete curb and gutter replacement, sidewalk repairs, cross gutter installation, and the addition of new bike lane striping and signage. These improvements are expected to have a positive impact on traffic flow and enhance the overall quality of life for residents and commuters.

The Project was advertised for public bidding on March 30, 2026, on PlanetBids.

Five sealed bids were received and opened on May 6, 2026. The total bid amounts, including both the base bid and additive bid items, were as follows:

Bidder City Bid
Matich Corporation San Bernardino, CA $9,028,810.00
Calmex Engineering Bloomington, CA $9,739,035.00
All American Asphalt Corona, CA $10,869,850.00
Sequel Contractor Inc. Santa Fe Springs, CA $11,435,500.00 Granite Construction Indio, CA $11,958,000.00
Staff has reviewed the bid package and determined that Matich Corporation of San Bernardino, California, is the lowest responsible and responsive bidder. The company submitted a total base bid of $9,028,810.00, with the total bid amount, including both the base bid and additive items, totaling $9,121,210.00.

In addition to the construction costs, staff anticipate the need for construction contingency, construction management, administrative costs, independent soil and pavement testing and analysis, and an allowance for unforeseen work. The estimated potential cost for these additional items is $1,378,790.

As a result, the total projected cost for the Project, including construction contingencies, construction management, staff administration, and independent soil and pavement testing, is $10,500,000.

Packet Page. 1813
City staff recommends the use of $117,583.82, the in-lieu fee account, to help fund the improvements required at the Highland Ave location as part of the Project scope.

Bid
Lowest Bid with Additives $9,121,210.00
Contingency & Administrative Cost $1,378,790.00
Total Construction Cost $10,500,000.00
Budget
Allocated RMRA $5,943,708.00
Allocated Measure I $1,409,042.90
Allocated Gas Tax (ADA Ramps Upgrade) $500,000.00
The In-Lieu Fee Account $117,583.82
Additional allocation from RMRA $2,529,665.28
Total Construction Cost $10,500,000.00
California Environmental Quality Act
The proposed Project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301(c) (Class 1 – Existing Facilities). The Project consists of the repair, maintenance, and minor alteration of existing streets, sidewalks, curb ramps, traffic striping, and related roadway facilities involving negligible or no expansion of existing use. Additionally, pursuant to State CEQA Guidelines Section 15061(b)(3), it can be seen with certainty that there is no possibility that the Project may have a significant effect on the environment.
2021-2025 Strategic Targets and Goals
This Project is consistent with Key Target No. 1d. Create a framework for spending decisions and 1f. Create an asset management plan. Approval of the proposed Project list will allow staff to move forward in addressing street maintenance needs.

Fiscal Impact
There is no General Fund impact. The total Project budget is $10,500,000.00, which includes $9,121,210.00 for the contract award and $1,378,790.00 in contingency. The Project is fully funded, with $7,352,750.90 from SB1 (RMRA-Gas Tax) fund, Measure I fund, and a proposed additional allocation fund $2,529,665.28 from SB1 (RMRA-Gas Tax) funds and $500,000.00 for ADA ramp improvement from Gas Tax fund and $117,583.82 from the in-lieu fee account.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino California;
Packet Page. 1814

1. Approve the award of the Construction Agreement with Matich Corporation, in the amount of $9,121,210.00 for the Pavement Rehabilitation at Major Arterial Entrances (Project); and

2. Authorize the Project construction, construction contingencies, construction management, staff administrative costs, and independent soil and pavement testing, in the total amount of $1,378,790 for construction of the Project; and

3. Adopt Resolution No. 2026-085 authorizing the Director of Finance and Management Services to amend the FY 2025/26 Capital Improvement Plan (CIP) budget by appropriating an additional $2,529,665.28 in SB 1 (RMRA Gas Tax) funds and $500,000.00 in Gas Tax funds from ADA ramp improvements and amend the FY 2025/26 revenue and expenditure budget by appropriating $117,583.82 from the In-Lieu Fee Account for the Project; and

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

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

Attachments
Attachment 1 Resolution No. 2026-085
Attachment 2 Construction agreement with Matich Corporation Attachment 3 Bid Tabulation
Attachment 4 Bid Proposal
Attachment 5 Location Maps
Ward:

Wards 1,2,3,5,6,7
Synopsis of Previous Council Actions:

June 4, 2025 Resolution No. 2025-306 approving the Road Maintenance and Rehabilitation proposed project list for submittal to the California Transportation Commission and adopting a list of projects for Fiscal Year 2025/26 to be funded by Senate Bill 1:

Road Repair and Accountability Act of 2017
June 4, 2025 Resolution No. 2025-307 authorizing the Interim Director of Finance and Management Services to amend the FY 2025/26 Capital Improvement Plan, recording supplemental
appropriations in the amount of $5,943,708.00 in SB1 Fund and $1,409,042.90 in Measure I Fund, for a total additional Packet Page. 1815
appropriation of $7,352,750.90 for Street Rehabilitation – Major Packet Page. 1816
Arterial Entrances to the City Project
CC
Eric Levitt, City Manager
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Resolution No. 2026-085
Resolution No. 2026-085
June 17, 2026

RESOLUTION NO. 2026-085

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY

OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE

DIRECTOR OF FINANCE AND MANAGEMENT SERVICES TO
AMEND THE FY 2025/26 CAPITAL IMPROVEMENT PLAN BUDGET
BY APPROPRIATING AN ADDITIONAL $2,529,665.28 IN SB 1 (RMRA GAS TAX) FUNDS AND $500,000.00 IN GAS TAX FUNDS FROM ADA RAMP IMPROVEMENTS AND AMEND THE FY 2025/26 REVENUE
AND EXPENDITURE BUDGET BY APPROPRIATING $117,583.82
FROM THE IN-LIEU FEE ACCOUNT FOR THE PROJECT.

WHEREAS, on April 8, 2024, the City of San Bernardino received an in-lieu fee payment in the amount of $117,583.82 from Simon CRE in satisfaction of the required off-site improvement conditions of approval for the development located at 2536 Highland Avenue; and WHEREAS, the City’s Six Major Entrances Project includes improvements along Highland Avenue, which encompasses the same location associated with said development; and WHEREAS, on June 4, 2025, the Mayor and City Council adopted Resolution No. 2025- 307 authorizing the Interim Director of Finance and Management Services to amend the Fiscal Year 2025/26 Capital Improvement Plan to record supplemental appropriations totaling $7,352,750.90, consisting of $5,943,708.00 in SB1 Fund monies and $1,409,042.90 in Measure I Fund monies, for the Street Rehabilitation – Major Arterial Entrances to the City Project (“Project”); and
WHEREAS, on March 30, 2026, the City advertised the Project and received a total of five (5) sealed bids; and
WHEREAS, Matich Corporation of San Bernardino, California, was determined to be the lowest responsive and responsible bidder, with a total bid amount of $9,121,210; and WHEREAS, the total estimated project budget required to fund construction costs, including contingencies, construction management, and administrative expenses, is $10,500,000; and
WHEREAS, additional funds are needed in the FY2025/26 CIP Budget Capital Improvement Plan in order to fund the Project.

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 Director of Finance and Management Services is hereby authorized to amend the FY 2025/26 Capital Improvement Plan (CIP) budget by appropriating an additional Packet Page. 1818
Resolution No. 2026-085
Resolution No. 2026-085
June 17, 2026

$2,529,665.28 in SB 1 (RMRA Gas Tax) funds and $500,000.00 in Gas Tax funds from ADA ramp improvements and amend the FY 2025/26 revenue and expenditure budget by appropriating $117,583.82 from the In-Lieu Fee Account for the Project; and SECTION 3. CEQA. As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines.
(2) The proposed project is categorically exempt from the requirements of CEQA pursuant to State CEQA Guidelines Section 15301(c) (Class 1 – Existing Facilities), which consists of the repair, maintenance, and minor alteration of existing highways and streets involving negligible or no expansion of existing use, including existing sidewalks, gutters, bicycle and pedestrian trails, and similar facilities. The project consists of pavement rehabilitation, ADA ramp improvements, curb and gutter replacement, sidewalk repairs, traffic striping, signage improvements, and related roadway improvements at existing roadway facilities within the City. (3) In addition, the City Council finds that the project is not subject to CEQA pursuant to State CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. (4) The City Council further finds that none of the exceptions to the use of a categorical exemption set forth in State CEQA Guidelines Section 15300.2 apply to the Project. (5) The determination of CEQA exemption reflects the independent judgment of the City Council.

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.

SECTION 5. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of June 2026.

Helen Tran, Mayor
City of San Bernardino
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Resolution No. 2026-085
Resolution No. 2026-085
June 17, 2026

Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2026-085
Resolution No. 2026-085
June 17, 2026

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-085, adopted at a regular meeting held on the 17th day of June 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 18th day of June 2026.

Telicia Lopez, CMC, City Clerk
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PAVEMENT REHABILITATION AT MAJOR ARTERIAL
ENTRANCES -1- 00 52 13 – CONTRACT FOR CONSTRUCTION
00 52 13 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. SS26-001 is made and entered into this 17th day of June, 2026 by and between the CITY OF SAN BERNARDINO, with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, sometimes hereinafter called the “City” and Matich Corporation, sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

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

PAVEMENT REHABILITATION AT MAJOR ARTERIAL ENTRANCES PROJECT NO. 13682 Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION.

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

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Nine Million One Hundred Twenty-One Thousand Two Hundred Ten Dollars ($9,121,210). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.

ARTICLE 4. LIQUIDATED DAMAGES.

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

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,500.00 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Packet Page. 1822

PAVEMENT REHABILITATION AT MAJOR ARTERIAL
ENTRANCES -2- 00 52 13 – CONTRACT FOR CONSTRUCTION
Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

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

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, Packet Page. 1823

PAVEMENT REHABILITATION AT MAJOR ARTERIAL
ENTRANCES -3- 00 52 13 – CONTRACT FOR CONSTRUCTION
the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

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

ARTICLE 7. INDEMNIFICATION.

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

ARTICLE 8. PREVAILING WAGES.

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

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Packet Page. 1824

PAVEMENT REHABILITATION AT MAJOR ARTERIAL
ENTRANCES -4- 00 52 13 – CONTRACT FOR CONSTRUCTION
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF SAN BERNARDINO
By
Eric Levitt, City Manager
ATTEST:

By:

Telicia Lopez, City Clerk
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

MATICH COPORATION
By:

Its:

Printed Name:
149783
Contractor’s License Number and
Classification
1000004260
DIR Registration Number
(CONTRACTOR’S SIGNATURE MUST BE NOTARIZED AND CORPORATE SEAL AFFIXED,

IF APPLICABLE)

END OF CONTRACT
Packet Page. 1825
Quantity Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 MOBILIZATION / CLEARING AND GRUBBING 1 LS $ 783,000.00 $ 783,000.00 $ 306,000.00 $ 306,000.00 $ 420,000.00 $ 420,000.00 $ 750,000.00 $ 750,000.00 $ 470,000.00 $ 470,000.00 2 TRAFFIC CONTROL 1 LS $ 513,000.00 $ 513,000.00 $ 240,000.00 $ 240,000.00 $ 615,000.00 $ 615,000.00 $ 900,000.00 $ 900,000.00 $ 105,283.00 $ 105,283.00 3 STORM WATER POLLUTION AND PREVENTATION PLAN AND NPDES COMPLIANCE 1 LS $ 63,000.00 $ 63,000.00 $ 115,500.00 $ 115,500.00 $ 18,000.00 $ 18,000.00 $ 45,000.00 $ 45,000.00 $ 1,800.00 $ 1,800.00 4 SAWCUT & REMOVE & CONSTRUCT PCC CURB & GUTTER PER CITY OF SAN BERNARDINO STANDARD 200, TYPE B TO MATCH EXISITING; MILL ALL CURB CUTS 300 LF $ 84.00 $ 25,200.00 $ 8.00 $ 23,400.00 $ 90.00 $ 27,000.00 $ 112.00 $ 33,600.00 $ 122.00 $ 36,600.00 5 SAWCUT & REMOVE & CONSTRUCT PCC CURB PER CITY OF SAN BERNARDINO STANDARD 200, TYPE A TO MATCH EXISITING; MILL ALL CURB CUTS 600 LF $ 75.00 $ 45,000.00 $ 45.00 $ 27,000.00 $ 72.00 $ 43,200.00 $ 90.00 $ 54,000.00 $ 74.00 $ 44,400.00 6 SAWCUT & REMOVE & CONSTRUCT PCC CURB ACCESS RAMP WITH 3'X4' CAST-IN-PLACE TRUNCATED DOME SURFACE, MIN 5' TRANSITION PPANELS, CURB & CUTTER AND AC SLOT PATCH PER SPPWC 111- 5 50 EA
$ 6,000.00 $ 300,000.00 $ 5,400.00 $ 270,000.00 $ 8,700.00 $ 435,000.00 $ 6,300.00 $ 315,000.00 $ 5,700.00 $ 285,000.00 7 SAWCUT & REMOVE & CONSTRUCT PCC CURB ACCESS RAMP WITH 3'X4' CAST-IN-PLACE TRUNCATED DOME SURFACE, MIN 5' TRANSITION PPANELS, CURB & CUTTER, PCC SPANDREL, AND AC SLOT PATCH PER SPPWC 111-5
25 EA
$ 8,400.00 $ 210,000.00 $ 17,225.00 $ 430,625.00 $ 14,700.00 $ 367,500.00 $ 7,300.00 $ 182,500.00 $ 15,000.00 $ 375,000.00 8 SAWCUT & REMOVE & CONSTRUCT PCC CUR ACCESS RAMP ABOVE CULVERT WITH 3'X4' CAST-INPLACE TRUNCATED DOME SURFACE, MIN 5' TRANSITION PANELS, CURB & GUTTER AND AC SLOT PLATCH PER SPPWC 111-5
10 EA
$ 7,500.00 $ 75,000.00 $ 7,800.00 $ 78,000.00 $ 11,100.00 $ 111,000.00 $ 7,300.00 $ 73,000.00 $ 4,000.00 $ 40,000.00 9 SAWCUT & REMOVE & CONSTRUCT PCC SIDEWALK, BYPASS AND/OR TRANSITION PANEL OVER SUBGRADE COMPACTED TO 95% RELATIVE COMPACTION PER CITY OF SAN BERNARDINO STANDARD 202; MILL ALL CURB CUTS
7,000 SF
$ 13.30 $ 93,100.00 $ 16.00 $ 112,000.00 $ 14.00 $ 98,000.00 $ 20.00 $ 140,000.00 $ 21.00 $ 147,000.00 10 SAWCUT & REMOVE & CONSTRUCT 8" PCC CROSS GUTTER OVER SUBGRADE PER CITY OF SAN BERNARDINO STANDARD NO. 201; MILL ALL CURB CUTS 700 SF $ 34.00 $ 23,800.00 $ 70.00 $ 49,000.00 $ 40.00 $ 28,000.00 $ 30.00 $ 21,000.00 $ 39.00 $ 27,300.00 11 FULL DEPTH REMOVAL OF EXISITING ASPHALT ROADWAY AS DIRECTED BY THE ENINGEER - FULL STREET WIDTH 21,000 CY
$ 28.00 $ 588,000.00 $ 32.00 $ 672,000.00 $ 49.00 $ 1,029,000.00 $ 34.00 $ 714,000.00 $ 31.00 $ 651,000.00 12 EXCAVATE NATIVE SUBGRADE / BASE IN ROADWAY AS DIRECTED BY THE ENGINEER - FULL STREET WIDTH 19,000 CY $ 44.00 $ 836,000.00 $ 34.00 $ 646,000.00 $ 64.00 $ 1,216,000.00 $ 62.00 $ 1,178,000.00 $ 50.00 $ 950,000.00 13 ADJUST UTILITY MANHOLES COVER TO GRADE 52 EA $ 1,670.00 $ 86,840.00 $ 1,655.00 $ 86,060.00 $ 2,080.00 $ 108,160.00 $ 3,000.00 $ 156,000.00 $ 1,625.00 $ 84,500.00 14 FURNISH, INSTALL, AND COMPLETE PLACING AND COMPACTING OF CLASS II BASE OVER SUBGRADE; COMPACTED TO 95% 16,000 CY $ 52.50 $ 840,000.00 $ 98.00 $ 1,568,000.00 $ 57.00 $ 912,000.00 $ 60.00 $ 960,000.00 $ 118.00 $ 1,888,000.00 15 AC OVERLAY PER PROJECT SPECIFICATIONS 47,000 TN $ 90.00 $ 4,230,000.00 $ 101.00 $ 4,747,000.00 $ 109.00 $ 5,123,000.00 $ 117.00 $ 5,499,000.00 $ 139.00 $ 6,533,000.00 16 REPLACE EXISITING TRAFFIC LOOP DECTOR COMPLETE IN PLACE PER CALTRANS STANDARD E-5B, AND PROJECT SPECIFICATIONS 40 EA
$ 640.00 $ 25,600.00 $ 670.00 $ 26,800.00 $ 725.00 $ 29,000.00 $ 550.00 $ 22,000.00 $ 1,105.00 $ 44,200.00 17 INSTALL THERMOPLASTIC TRAFFIC STRIPING, SIGNAGE, PAVEMENT MESSAGES, PAVEMENT

MARKING, CONTINENTAL STYLE CROSSWALKS AND GLUE DOWN RPM'S COMPETE IN PLACE PER CALTRANS STANDARD A20A, A20B, A24E AND SPECIFICATIONS
1 LS
$ 158,000.00 $ 158,000.00 $ 157,300.00 $ 157,300.00 $ 158,000.00 $ 158,000.00 $ 160,000.00 $ 160,000.00 $ 154,545.00 $ 154,545.00 18 REMOVE AND DISPOSE POLES, FOUNDATIONS AND SIGNS AND ALL ATTACHED EQUIPMENT 1 LS $ 3,600.00 $ 3,600.00 $ 10,300.00 $ 10,300.00 $ 3,570.00 $ 3,570.00 $ 4,000.00 $ 4,000.00 $ 3,000.00 $ 3,000.00 19 FURNISH AND INSTALL RECTANGULAR RAPID FLASHING BEACON (RRFB) SYSTEM WITH ADVANCED FLASHERS (TWO FLASHERS AT THE CROSSWALK WITH TWO FLASHERS IN ADVANCE) 2 EA $ 39,000.00 $ 78,000.00 $ 50,000.00 $ 100,000.00 $ 39,000.00 $ 78,000.00 $ 75,000.00 $ 150,000.00 $ 25,833.00 $ 51,666.00 20 FURNISH AND INSTALL SOLAR-POWERED ADVANCE FLASHING BEACON WITH SIGNAGE W3-3, INCLUDING REMOVAL AND DISPOSAL OF EXISITING SIGN ASSEMLIES, COMPLETE AND IN PLACE 2 EA $ 11,400.00 $ 22,800.00 $ 10,100.00 $ 20,200.00 $ 11,300.00 $ 22,600.00 $ 15,000.00 $ 30,000.00 $ 5,393.00 $ 10,786.00 21 PROJECT CONSTRUCTION SIGNS PER ACTIVE CONSTRUCTION LOCATION 2 EA $ 3,050.00 $ 6,100.00 $ 1,225.00 $ 2,450.00 $ 2,680.00 $ 5,360.00 $ 10,000.00 $ 20,000.00 $ 1,300.00 $ 2,600.00 22 FURNISH AND INSTALL NEW TRAFFIC SIGNAL CONDUIT AT THE SPECIFIED LOCATIONS 260 LF $ 62.00 $ 16,120.00 $ 145.00 $ 37,700.00 $ 61.00 $ 15,860.00 $ 90.00 $ 23,400.00 $ 167.00 $ 43,420.00 23 FURNISH AND INSTALL PULL BOXES (TYPE 5 OR 6) WIT PENTA-HEAD BOLTS AT THE SPECIFIED LOCATIONS 5 EA $ 1,330.00 $ 6,650.00 $ 2,500.00 $ 12,500.00 $ 1,320.00 $ 6,600.00 $ 1,000.00 $ 5,000.00 $ 1,780.00 $ 8,900.00 Apparent Low
Bidder 1
Apparent Low
Bidder 2
Apparent Low
Bidder 3
Apparent Low
Bidder 4
Apparent Low
Bidder 5
$9,028,810.00 $9,737,835.00 $10,869,850.00 $11,435,500.00 $11,958,000.00 $9,028,810.00 $9,739,035.00 $10,869,850.00 $11,435,500.00 $11,958,000.00 $0.00 -$1,200.00 $0.00 $0.00 $0.00
A1. UTILITY STANDBY TIME (PER THE CITY) 1 MONTH $ 8,500.00 $ 8,500.00 $ 2,750.00 $ 2,750.00 $ 10,000.00 $ 10,000.00 $ 64,932.00 $ 64,932.00 $ 70,000.00 $ 70,000.00 1 LS $ 47,000.00 $ 47,000.00 $ 56,700.00 $ 56,700.00 $ 48,000.00 $ 48,000.00 $ 60,000.00 $ 60,000.00 $ 65,000.00 $ 65,000.00 180 LF $ 205.00 $ 36,900.00 $ 145.00 $ 26,100.00 $ 400.00 $ 72,000.00 $ 250.00 $ 45,000.00 $ 460.00 $ 82,800.00 $ 92,400.00 $ 85,550.00 $ 130,000.00 $ 169,932.00 $ 217,800.00 $9,121,210.00 $9,823,385.00 $ 10,999,850.00 $ 11,605,432.00 $ 12,175,800.00

12.82% $1,169,710.00
TOTAL TOTAL $0.00 TOTAL $0.00 TOTAL $0.00

SUBCONTRACTORS
SUBCONTRACTOR % AND AMOUNT SHOWN IN THE BID
DID THE BIDDER MEET MAX 49% SUB CONTRACTOR (MIN 51% WORK BY PRIME CONTRACTOR) REQUIREMENT Yes BASE BID + ADDITIVE TOTAL
IS THE BIDDER QUALIFIED BASED ON REFERENCE PROJECTS Yes

TOTAL BID AMOUNT CALCULATED BASED ON UNIT PRICES

TOTAL BID AMOUNT INDICATED BY BIDDER

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

ADDITIVE

ADDITIVE TOTAL

BID ITEM & DESCRIPTION

BID RANKING

MATICH CORPORATION CALMEX ENGINEERING, INC ALL AMERICAN ASPHALT GRANITE CONSTRUCTION

COMPANY
Apparent Low Bidder 4

SEQUEL CONSTRUCTION
Apparent Low Bidder 3 Apparent Low Bidder 5

1. BID TABULATION
PROJECT NAME: PAVEMENT REHABILITATION AT SIX MAJOR LOCATIONS PROJECT NO: 13682

BID TABULATION
Apparent Low Bidder 1 Apparent Low Bidder 2
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ATTACHEMENT 5

LOCATIONS MAPS
2ND STREET FROM 215 FWY TO N ARROWHEAD AVENUE
Packet Page. 1889

HIGHLAND AVENUE FROM ARDEN AVENUE TO ROCKFORD AVENUE
Packet Page. 1890

S TIPPECANOE AVENUE FROM LEE STREET TO HARDT STREET
Packet Page. 1891

UNIVERSITY PARKWAY FROM N STATE STREET TO KENDALL DRIVE Packet Page. 1892

W BASELINE STREET FROM PERRIS STREET TO MT VERNON AVENUE Packet Page. 1893
N WATERMAN AVENUE FROM E HIGHLAND AVENUE TO 210 FWY
Packet Page. 1894

ADDITIVE LOCATION

E HIGHLAND AVENUE GUTHRIE STREET TO ARDEN AVENUE
Packet Page. 1895

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 17, 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 of Professional Services Agreement to EnviroCare Consulting, Inc. for Woolworth Building Phased
Environmental Services in a Not-to-Exceed Amount of
$42,749, and Award of Construction Agreement to
Resource Environmental, Inc. for Woolworth Building Fire Damage Debris Removal in the Amount of $272,000 and
Contingency of $150,000 for a Total Amount of $464,749
(Ward 1)
Recommendation:

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

1. Approve the award of a Professional Services Agreement and authorize the City Manager or designee to execute an agreement with EnviroCare Consulting, Inc. in a not-to-exceed amount of $42,749 for phased environmental assessment, monitoring, and clearance services for the Woolworth Building; and

2. Approve the award of a Construction Agreement and authorize the City Manager or designee to execute an agreement with Resource Environmental, Inc. in the amount of $272,000 for Woolworth Building fire damage debris removal (interior demolition/cleaning); and

3. Authorize construction contingency in an amount of $150,000 for unforeseen conditions related to the Woolworth Building fire damage debris removal project, bringing the total debris removal amount to $422,000; and

4. Adopt Resolution No. 2026-086 authorizing the Director of Finance and Management Services to amend the FY 2025/26 budget to establish the Packet Page. 1896
Woolworth Building fire damage cleanup and environmental services project and appropriate $464,749 from Measure S funds for the project, as the project is not currently included in the Capital Improvement Program (CIP).

City Manager's Comments
Staff is bringing an agreement with EnvioCare Consulting to provide phased environmental services in not-to-exceed amount of $42,749. And an award of construction to Resource Environmental Inc. for Woolworth Building Fire Damage Debris removal. In amount of $272,000.

Executive Summary
On February 9, 2026, a fire significantly damaged the Woolworth Building located at 396 N. E Street in San Bernardino. Following the fire, staff evaluated site conditions, coordinated with environmental consultants to assess potential hazardous materials, and obtained preliminary input from a licensed demolition contractor regarding debris removal and demolition approaches.

Staff recommends awarding a professional services agreement to EnviroCare Consulting, Inc. for phased environmental assessment, monitoring, and clearance activities, and awarding a construction agreement to Resource Environmental, Inc. for debris removal, interior demolition, and cleaning. The environmental services will begin with an initial assessment of accessible materials, followed by monitoring and clearance activities coordinated with debris removal operations. Staff is also requesting approval of a $150,000 project contingency for unforeseen field conditions and a FY 2025/26 budget amendment in the amount of $464,749 using Measure S funds.

Background
On February 9, 2026, a fire occurred at the Woolworth Building located at 396 N E Street in San Bernardino. Following the incident, City staff conducted an initial site visit to assess the extent of damage and evaluate potential next steps.

The building consists of a basement level and two above-grade floors. The primary structural system consists of reinforced concrete columns (vertical elements), beams and girders (horizontal framing), and exterior tilt-up concrete wall panels. The basement slab and basement walls are also constructed of concrete.

Based on field observations, the fire caused significant damage to the non-structural and secondary structural components of the building. The roof structure, primarily composed of wood framing and lightweight materials, was fully collapsed. The upper floor framing system, also constructed of wood, experienced substantial failure and Packet Page. 1897
collapse. However, the primary reinforced concrete structural system - including columns, beams, girders, and exterior wall panels - remained in place and, based on Packet Page. 1898
initial visual observations, did not exhibit signs of major structural distress such as cracking, spalling, or instability.

To further evaluate the condition of the site, staff first coordinated with EnviroCare Consulting, Inc. to assess post-fire environmental conditions and identify potential hazardous materials. EnviroCare Consulting, Inc. provided a phased approach consisting of an initial limited hazardous materials survey, followed by monitoring and clearance activities conducted in coordination with debris removal operations.

Subsequently, staff coordinated with Resource Environmental, Inc. to obtain preliminary input regarding debris removal (interior demolition/cleaning) and potential demolition approaches. Resource Environmental, Inc. previously demolished Carousel Mall and the former School of Hope for the City, as well as the former County Hall of Records. Resource Environmental, Inc. indicated that full demolition would be limited in depth and would leave portions of the basement and underlying foundation elements in place.

In parallel, staff coordinated with materials testing laboratories to evaluate potential methods for assessing the condition of the fire-damaged structure. Discussions included both non-destructive and destructive testing approaches to verify the integrity of the reinforced concrete elements. One laboratory representative conducted a site visit to perform an initial visual assessment. Based on this preliminary observation and professional experience, the remaining concrete structural elements - including columns, beams, girders, and wall panels - appeared to be generally sound and not in a significantly deteriorated condition. However, staff was advised that formal testing and sampling would be required to obtain quantitative results and confirm the structural integrity of the concrete system following debris removal.

Woolworth Building History
The Woolworth Building, constructed in 1941, is historically associated with the former F. W. Woolworth Company and originally operated as a retail store serving as a commercial anchor within downtown San Bernardino. Located within the historic downtown corridor, the building contributed to the development of the area as a primary commercial center and functioned as a high-traffic retail destination during the mid-20th century. Beginning in the 1960s and 1970s, commercial activity in downtown San Bernardino declined as retail development shifted toward suburban shopping centers and malls. Consistent with this broader trend, the Woolworth store ceased operations in the late 20th century, and the building transitioned out of active retail use.

Following its closure, the building experienced periods of vacancy and underutilization. Available information indicates that the building was leased and Packet Page. 1899
occupied by San Bernardino County for governmental or administrative purposes in the mid-1980s; however, specific dates and details of such occupancy have not been independently verified through official records.

Ownership of the property has evolved over time. The site was previously owned by a private entity, Central City Commerce Center. In 2006, the property was acquired by the Redevelopment Agency of the City of San Bernardino as part of downtown redevelopment efforts. In 2011, ownership was transferred to the San Bernardino Economic Development Corporation. Following the dissolution of redevelopment agencies statewide in 2012, the property was transferred to the Successor Agency to the former Redevelopment Agency. In August 2016, the property was formally transferred to the City of San Bernardino, which remains the current owner.

While the structure is not currently designated as a historic landmark, it represents a legacy commercial asset and contributes to the historical identity of the downtown area. Prior to the February 9, 2026 fire incident, the building had remained vacant for an extended period and was subject to conditions commonly associated with longterm vacancy, including deterioration, potential unauthorized occupancy, and increased risk of fire and public safety hazards.

Discussion
Following the February 9, 2026 fire, staff conducted outreach to multiple qualified environmental consulting firms to assess interest and availability for providing postfire environmental services. Three firms were contacted. One firm attended a job walk and subsequently submitted three phased proposals. Of the remaining firms, one provided written confirmation that they would not be participating, and the other provided written communication indicating they were unable to attend or provide services. Based on responsiveness and demonstrated understanding of the project needs, EnviroCare Consulting, Inc. was selected to provide phased environmental assessment and monitoring services.

For debris removal services, staff coordinated with Resource Environmental, Inc. to obtain preliminary input regarding interior demolition/cleaning and potential demolition approaches. Resource Environmental, Inc. has prior experience performing similar work for the City, including demolition of the Carousel Mall, the former School of Hope, and the former County Hall of Records. Based on this experience and familiarity with City projects, Resource Environmental, Inc. was recommended by the Public Works Director to perform the required debris removal services.

Due to the February 9, 2026, fire, the fire-damaged condition of the City-owned building, potential hazardous material concerns, public safety concerns, and the need to secure and clean the site, staff is processing this work under the City’s applicable Packet Page. 1900
emergency procurement authority, subject to Procurement and City Attorney review.

The procurement file will include the emergency basis, supporting documentation, required approvals, and the explanation of emergency circumstances for the Mayor and City Council record.

Following this outreach, staff evaluated multiple approaches for addressing the Woolworth Building following the February 9, 2026, fire, taking into consideration structural conditions, environmental requirements, public safety, cost, and long-term redevelopment objectives. A key consideration in all scenarios is that environmental assessment, monitoring, and clearance activities are required as an initial and ongoing component of the work, due to the presence of fire-damaged and potentially hazardous materials. In addition, interior debris removal (soft demolition/cleaning) is required to provide safe access to the building, regardless of whether the structure is ultimately retained or demolished. As such, environmental services and debris removal are interdependent and must be coordinated throughout the project.

Option 1 - Debris Removal with Phased Environmental Services (Recommended)
Under this option, the City would proceed with phased environmental services in coordination with fire damage debris removal, and cleaning, without proceeding to full structural demolition of the building.

Approach includes:
• Initial hazardous materials assessment of accessible areas (performed independently)
• Environmental monitoring and sampling conducted concurrently with debris removal operations
• Environmental clearance activities performed in coordination with debris removal, including area-by-area verification as work progresses.

Advantages:
• Provides safe and controlled removal of fire-damaged materials in compliance with environmental regulations
• Establish safe access to the building for further evaluation • Preserves the primary reinforced concrete structural system - including columns, beams, girders, tilt-up wall panels, basement slab, and walls - which appears to be generally sound based on preliminary observations
• Maintains flexibility for future rehabilitation, reuse, or other improvements • Avoids unnecessary removal of potentially viable structural elements • Recognizes the building’s historical association and its contribution to the downtown character
Disadvantages:

Packet Page. 1901
• Requires coordination between environmental monitoring and debris removal operations
• May require additional structural evaluation and future improvements following cleanup
Estimated Project Cost:

Approximately $464,749, including:
• $42,749 for phased environmental assessment, monitoring, and clearance services;
• $272,000 for fire damage debris removal, interior demolition, and cleaning, and • $150,000 construction contingency for unforeseen field conditions, including potential scaffold, pedestrian canopy, access, safety, and hazardous material coordination needs.

Option 2 – Debris Removal and Full Demolition with Phased Environmental Services
Approach includes:
• Initial environmental assessment
• Interior debris removal (cleaning)
• Environmental monitoring during all phases of work
• Full demolition following clearance and access
Advantages:
• Removes the entire structure above grade
• Provides a cleared site for future redevelopment
Disadvantages:
• Environmental services and debris removal are still required prior to demolition • Demolition would be limited in depth and would leave portions of the basement and foundation elements in place
• Results in loss of the existing reinforced concrete structural system, which appears to be generally stable based on preliminary observations • Higher cost compared to cleaning-only approach
• Eliminates opportunity for rehabilitation or reuse of the structure • Reduces flexibility for future design alternatives
Estimated Project Cost:

Approximately $972,749, including:
• $42,749 for environmental assessment and monitoring services • $272,000 for debris removal (interior demolition/cleaning) • $150,000 for scaffold and pedestrian canopy
• $279,000 for full structural demolition
• $229,000 for import of basement fill
Packet Page. 1902
Option 3 – Stabilize Site and Defer Action
Under this option, the City would secure the site and defer further action.

Advantages:
• Minimizes immediate expenditures
Disadvantages:
• Ongoing safety and liability concerns associated with the fire-damaged structure • Continued deterioration due to exposure to environmental conditions • Potential increase in future costs
• Delays evaluation, cleanup, and future use of the property Estimated Project Cost:

No immediate project cost; however, future costs may increase due to deterioration and deferred action
Staff Recommendation and Rationale
Based on the current information, staff recommends proceeding with Option 1 – Debris Removal with Phased Environmental Services, without full structural demolition at this time.

This approach provides a balanced and practical path forward by:
• Addressing immediate safety concerns through controlled debris removal • Ensuring compliance with environmental regulations through phased assessment and monitoring
• Preserving the existing reinforced concrete structural system, which appears to be generally sound based on preliminary observations
• Allowing for further structural evaluation following debris removal • Preparing the building for future rehabilitation, reuse, or other improvements Given that environmental services and debris removal are required under all scenarios, and that demolition would result in additional cost while eliminating potentially viable structural elements, proceeding with a cleaning-focused approach is considered the most appropriate strategy at this time. 2021-2025 Strategic Targets and Goals
Packet Page. 1903
This project is consistent with Goal No. 4: Improve Quality of Life – Evaluate and enhance the quality of public safety services. The Woolworth Building Fire Damage Cleanup Project addresses hazardous conditions resulting from fire damage by implementing controlled debris removal and phased environmental assessment and monitoring. These efforts are intended to reduce potential safety risks, ensure compliance with environmental regulations, and restore safe access to the site, while supporting future rehabilitation, reuse, or other improvements within the downtown area.

Fiscal Impact
Approval of this item will amend the FY 2025/26 budget to establish the Woolworth Building Fire Damage Cleanup and Environmental Services Project and appropriate $464,749 from Measure S funds. The project is not currently included in the Capital Improvement Plan (CIP).

Staff evaluated potential alternative funding sources, including Cultural Development Funds, the Public Improvement Fund, and the Public Use Facilities Fund. Based on the immediate public safety, environmental cleanup, and site access purpose of the work, Measure S was determined to be the most appropriate funding source at this time.

Approval of this item does not make a broader policy determination regarding future funding for the Woolworth Building or preclude future consideration of other eligible funding sources for later phases of work.

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

1. Approve the award of a Professional Services Agreement and authorize the City Manager or designee to execute an agreement with EnviroCare Consulting, Inc. in a not-to-exceed amount of $42,749 for phased environmental assessment and monitoring services for the Woolworth Building; and

2. Approve the award of a Construction Agreement and authorize the City Manager or designee to execute an agreement with Resource Environmental, Inc. in the amount of $272,000 for Woolworth Building fire damage debris removal (interior demolition/cleaning); and

3. Authorize construction contingencies in the amount of $150,000 for the Woolworth Building debris removal project, bringing the total debris removal amount to $422,000; and
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4. Adopt Resolution No. 2026-086 authorizing the Director of Finance and Management Services to amend the FY 2025/26 budget to establish and fund the Woolworth Building fire damage cleanup and environmental services project in the amount of $464,749 using Measure S funds, as the project is not currently included in the Capital Improvement Program (CIP).

Attachments
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Attachment 1 - Resolution No. 2026-086
Attachment 2 - Professional Services Agreement, EnviroCare Consulting, Inc.

Attachment 3 - Proposals 1, 2, and 3, EnviroCare Consulting, Inc.

Attachment 4 - Construction Agreement, Resource Environmental, Inc.

Attachment 5 - Proposal, Resource Environmental, Inc.

Attachment 6 - Project Location Map
Ward:

Ward 1
Synopsis of Previous Council Actions:

None.

CC: Eric Levitt, City Manager
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Resolution No. 2026-086
Resolution No. 2026-086
June 17, 2026

RESOLUTION NO. 2026-086

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES TO AMEND THE FY 2025/26

CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET TO

ESTABLISH AND FUND THE WOOLWORTH BUILDING

FIRE DAMAGE CLEANUP AND ENVIRONMENTAL
SERVICES PROJECT IN THE AMOUNT OF $464,749
USING MEASURE S FUNDS (WARD 1)
WHEREAS, the City of San Bernardino (“City”) maintains a multi-year Capital Improvement Program (“CIP”) to plan and prioritize capital infrastructure investments; and WHEREAS, on February 9, 2026, a fire significantly damaged the Woolworth Building located at 396 N E Street; and
WHEREAS, the fire caused significant damage to non-structural components of the building, including collapse of the roof and upper floor framing, resulting in the presence of firedamaged debris and potential hazardous materials that pose risks to public safety and the environment; and
WHEREAS, due to the age of the structure and the nature of fire damage, environmental assessment, monitoring, and clearance are required to identify and properly manage hazardous materials in compliance with applicable regulations; and WHEREAS, interior debris removal and cleaning are necessary to provide safe access to the building for further evaluation and to support any future rehabilitation, reuse, or demolition activities; and
WHEREAS, timely cleanup and environmental services are necessary to reduce ongoing safety risks, limit potential liability, and prevent further deterioration of the property; and WHEREAS, the Woolworth Building Fire Damage Cleanup and Environmental Services Project is not currently included in the FY 2025/26 CIP; and WHEREAS, staff recommends establishing a new CIP project to address hazardous conditions, ensure compliance with environmental regulations, and prepare the site for future rehabilitation, reuse, or other improvements; and
WHEREAS, staff recommends funding the project in the amount of $464,749 using Measure S funds.

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Resolution No. 2026-086
Resolution No. 2026-086
June 17, 2026

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

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

SECTION 2. The Mayor and City Council hereby authorize the Director of Finance and Management Services to amend the FY 2025/26 Capital Improvement Program (CIP) Budget to establish and fund the Woolworth Building Fire Damage Cleanup and Environmental Services Project in the amount of $464,749 using Measure S funds (Ward 1).

SECTION 3. The City Council finds that this action has been reviewed in accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. The approval of the amendment to the FY 2025/26 Capital Improvement Program (CIP) Budget to establish and fund the Woolworth Building Fire Damage Cleanup and Environmental Services Project is an administrative and fiscal activity and is not a “project” as defined under CEQA Guidelines Section 15378, as it does not have the potential to result in a direct or reasonably foreseeable indirect physical change in the environment.

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 of this Resolution.

SECTION 5. Effective Date. This Resolution shall become effective immediately upon adoption.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of June 2026.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2026-086
Resolution No. 2026-086
June 17, 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. 2026-086, adopted at a regular meeting held on the 17th day of June 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 18 th day of June 2026.

Telicia Lopez, CMC, City Clerk
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1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND ENVIROCARE CONSULTING, INC.

This Agreement is made and entered into as of May 20, 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, CA 92401 (“City”), and ENVIROCARE CONSULTING, INC., a CORPORATION with its principal place of business at 16155 COUSINS CIRCLE, RIVERSIDE, CA 92503 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

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

Woolworth Building Phased Environmental Services (hereinafter referred to as “the Project”).

B. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional services for [INSERT CONSULTANT DUTIES], and possesses the necessary expertise, resources, and personnel to complete the Project in a timely and professional manner as specified herein.

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting services necessary for the Project.

3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may Packet Page. 1910
2 affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $42,749. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses.

Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction.

City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

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

6. Term. This Agreement shall commence on the Effective Date and continue through May 20, 2027, unless the Agreement is previously terminated as provided for herein (“Term”). All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the Packet Page. 1911
3 City to proceed. Consultant shall complete the services required hereunder within Term.

9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural 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 services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

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

11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work.

Packet Page. 1912
4 Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant 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 Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Services, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from working on the Services by the Consultant and shall not be re-employed to perform any of the Services.

Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

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

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

14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

15. Independent Consultant/Contractor. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and Packet Page. 1913
5 amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

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

Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
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6 (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all Packet Page. 1915
7 subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
h. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 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
(ii) Defense costs shall be payable in addition to the limits.

Packet Page. 1916
8 (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (ACORD Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

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9 (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VIII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
l. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. (vi) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement
m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance Packet Page. 1918
10 required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code Section 2782.8), then, and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but Packet Page. 1919
11 are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

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

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

21. Termination or Abandonment
a. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the Packet Page. 1920
12 event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
c. 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.

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

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

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

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

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

27. Organization. Consultant shall assign as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

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

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

Packet Page. 1921
13 CITY:

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

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

ENVIROCARE CONSULTING, INC.
16155 COUSINS CIRCLE
RIVERSIDE, CA 92503
Sam S. Lutchmiah

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

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

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

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

34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall Packet Page. 1922
14 in no way be deemed a waiver of those rights to require such performance or compliance.

No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

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

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

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

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

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

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

42. Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.

43. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.

44. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered Packet Page. 1923
15 as an original signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]
Packet Page. 1924
16 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND ENVIROCARE CONSULTING, INC.

IN WITNESS WHEREOF, the Parties 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, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
ENVIROCARE CONSULTING, INC.

Signature
Name
Title
Packet Page. 1925
17 EXHIBIT A

SCOPE OF SERVICES, SCHEDULE OF CHARGES, AND ACTIVITY SCHEDULE This Exhibit A includes the Consultant’s Scope of Services, Schedule of Charges, and Activity Schedule, as set forth in the Consultant’s Proposals ( 1, 2, and 3), which are attached hereto and set forth on the pages that follow and incorporated herein by this reference.

Packet Page. 1926
18 45774.00005\8684212.5 (BB&K: June 2015)
55600.00100\44546957.1
ENVIROCARE CONSULTING, INC.
16155 COUSINS CIRCLE • RIVERSIDE, CA 92503. PHONE (909) 772-6541 • FAX (951) 687-3502 Proposal for Limited Hazardous Materials Survey
For
Burned Down Vacant Woolworth Building
Corner of 4th Street & E. Street
San Bernardino, California 92408
Prepared for:

Mohammad Alkhateeb, PM
Public Works-Engineering Division
City of San Bernardino
201 N E Street, 2nd Floor
Prepared by:

Envirocare Consulting Services, Inc.

Sam S. Lutchmiah. CIHM. CAC. LRCIA
Columbia State University
Certified Industrial Hygiene Manager
State of California
Certified Asbestos Consultant No. 93-1152
State of California
CDPH Lead Inspector / Assessor # 2604

SERVICES

ASBESTOS

ASBESTOS TESTING

ASBESTOS INSPECTION

ASBESTOS CONSULTING

PLM-PCM-TEM ANALYSIS

ASBESTOS AIR MONITORING

ASBESTOS FINAL CLEARANCE

ASBESTOS SURVEY SAMPLING

LEAD-BASED PAINT

SOIL ANALYSIS

XRF-PAINT CHIPS

LEAD SOIL SAMPLING

LEAD PAINT TESTING

LEAD WIPE SAMPLING

LEAD FINAL CLEARANCE
MOLD

MOLD TESTING

MOLD ANALYSIS

MOLD PROTOCOL

MOLD INSPECTION

VIABLE MOLD ANALYSIS

NON-VIABLE MOLD ANALYSIS

BACTERIA

BACTERIA TESTING

BACTERIA SAMPLING

BACTERIA INSPECTION

SEWER WATER ANALYSIS

SMOKE & SOOT ASSESSMENT

TRAUMA SCENE & BIOHAZARD

INDUSTRIAL HYGIENE ASSESSMENT

INDOOR AIR QUALITY

VOLATILE ORGANIC COMPOUNDS
(VOC’s)

HAZ-MAT SURVEY

CONTACT US
(909) 772-6541
Packet Page. 1927
19 Mr. Alkhateeb
Engineering Assistant II
Public Works-Engineering Division
City of San Bernardino
201 N E Street, 2nd Floor Envirocare Proposal No.LHMS021826-1 Proposal for: Limited Hazardous Materials Survey
Burned Down Vacant Woolworth Building
Corner of 4th Street & E. Street.

San Bernardino, California 92408
Dear Mr. Alkhateeb:

Envirocare Consulting, Inc (ECI) is pleased to provide The City of San Bernardino with our proposal to perform a Limited Hazardous Material Survey for the above-referenced property. Our proposal contains: a summary of relevant information as we understand it, a project schedule, and the estimated costs for completion of the proposed work.

PROJECT OVERVIEW
ECI understands the existing burned-down structures (Woolworth building) located at the corner of 4th Street & E. Street in the city of San Bernardino, California is planned for renovation and/or demolition.

ECI proposes to perform a Limited Hazardous Material Survey including an asbestos-containing material (ACM) survey.

SCOPE OF SERVICES
Envirocare Consulting, Inc. will provide a State of California Division of Occupational Safety and Health Certified Asbestos Consultant to perform Asbestos survey according to (Cal/OSHA, Cal/EPA and SCAQMD protocol rules 1403).

Envirocare Consulting, Inc. will conduct an assessment of the site and materials while exclusively collecting accessible samples (meaning the sampled materials are able to be reached or gathered safely despite the firedamaged condition of the Woolworth building) according to the scope of services and requirements, all asbestos samples will be submitted to and analyzed by a laboratory which is accredited by NVLAP and Cal/EPA’s program. All samples will be analyzed by PLM.

Envirocare Consulting, Inc. will take digital photographs of suspected sampled materials.

Envirocare Consulting, Inc. will summit a final report including sample locations, sample results, quantity estimation and photographs.

Packet Page. 1928
20 The asbestos-containing material (ACM) Assessment & Survey will be conducted by inspectors with EPA accredited asbestos training to identify asbestos-containing materials in general accordance with EPA Standard 40 CFR 763, Sub Part E, Asbestos Hazard Emergency Response Act (AHERA) and OSHA Standard 29 CFR 1926.1101 Inspection Protocol. This survey and assessment include the collection of bulk samples of friable (easily crumbled under hand pressure) and non-friable materials suspected as containing asbestos for laboratory testing as well as an initial walkthrough and visual analysis of the site and materials.

Due to the nature of an asbestos assessment and the inability and impracticality of accessing all hidden locations: some areas/materials may still be deemed inaccessible and/or not inspected.

Representative bulk samples will be collected from each suspect material within the inspected areas in general accordance with EPA recommended asbestos survey techniques. In instances where it is apparent that the materials are not of homogenous appearance and texture, individual samples will be collected.

All of the collected samples will be submitted to a laboratory for analysis by polarized light microscopy (PLM) in accordance with EPA testing methods. Samples will be analyzed by EPA method (EPA 600/4-93/116) Determination of Asbestos in Bulk Building Materials or EPA Method (EPA 600M4-82-020) for the Determination of Asbestos in Bulk Insulation Samples. The laboratory is accredited by the U.S. Department of Commerce, National Institute of Standards and Technologies, National Voluntary Laboratory Accreditation Program (NVLAP) for bulk asbestos identification by PLM.

The results of the asbestos bulk sampling will be included in a written survey report detailing pertinent observations made while on-site and estimated quantities of ACMs and recommendations for removal. ECI will rely on your office to facilitate the necessary site access arrangements for the completion of the proposed scope of services.

Schedule: Our proposed scope of work can be initiated after we receive formal authorization to proceed as well as a signed purchase order. We anticipate that the proposed investigation for the subject site can be completed within Five-(5) working days of authorization to proceed. This letter is the agreement for our services. Your acceptance of this proposal may be indicated by signing and returning the enclosed copy to us. If you have any questions or comments, please feel free to contact us.

Packet Page. 1929
21 FEE PROPOSAL
Limited Hazardous Material Survey for Burned-Down Woolworth Building LIMITED ASBESTOS SURVEY & BULK SAMPLING/ASSESSMENT $5,263.00 (PLM ANALYSIS)
PROJECT TO BE COMPLETED IN 5 WORKING DAYS
LUMP SUM COST $ 5,263.00
The Client named above agrees that the retention of ECI to conduct the work described above forms a contractual relationship between the Client and ECI, upon which the following terms and conditions are incorporated. ECI agrees to submit invoices detailing the time worked, the staff classification (identifying the individual person) and a listing of other direct (and indirect) costs charged to the project. Client agrees to pay all invoice amounts submitted within Forty-Five (45) days after receipt of invoice.

Thank you for giving Envirocare Consulting, Inc. the opportunity to provide this proposal. Should you have any questions regarding this project, do not hesitate to contact us.

Sincerely,
Envirocare Consulting, Inc.

Sam Lutchmiah. CAC, CDPHIA, CIHM
THIS PROPOSAL EXPIRES ON JULY 18th, 2026
PROPOSAL AUTHORIZED BY:

Name: ......................................................................................... Title: …………………………………………… Date: ........................................................................... Contact Person: …………………………….

ENVIROCARE CONSULTING, INC.

Packet Page. 1930
22 16155 COUSINS CIRCLE • RIVERSIDE, CA 92503. PHONE (909) 772-6541 • FAX (951) 687-3502 Proposal for Limited Hazardous Materials Survey
For
Burned Down Vacant Woolworth Building
Corner of 4th Street & E. Street
San Bernardino, California 92408
Prepared for:

Mohammad Alkhateeb, PM
Public Works-Engineering Division
City of San Bernardino
201 N E Street, 2nd Floor
Prepared by:

Envirocare Consulting Services, Inc.

Sam S. Lutchmiah. CIHM. CAC. LRCIA
Columbia State University
Certified Industrial Hygiene Manager
State of California
Certified Asbestos Consultant No. 93-1152
State of California
CDPH Lead Inspector / Assessor # 2604
Mr. Alkhateeb

SERVICES

ASBESTOS

ASBESTOS TESTING

ASBESTOS INSPECTION

ASBESTOS CONSULTING

PLM-PCM-TEM ANALYSIS

ASBESTOS AIR MONITORING

ASBESTOS FINAL CLEARANCE

ASBESTOS SURVEY SAMPLING

LEAD-BASED PAINT

SOIL ANALYSIS

XRF-PAINT CHIPS

LEAD SOIL SAMPLING

LEAD PAINT TESTING

LEAD WIPE SAMPLING

LEAD FINAL CLEARANCE
MOLD

MOLD TESTING

MOLD ANALYSIS

MOLD PROTOCOL

MOLD INSPECTION

VIABLE MOLD ANALYSIS

NON-VIABLE MOLD ANALYSIS

BACTERIA

BACTERIA TESTING

BACTERIA SAMPLING

BACTERIA INSPECTION

SEWER WATER ANALYSIS

SMOKE & SOOT ASSESSMENT

TRAUMA SCENE & BIOHAZARD

INDUSTRIAL HYGIENE ASSESSMENT

INDOOR AIR QUALITY

VOLATILE ORGANIC COMPOUNDS
(VOC’s)

HAZ-MAT SURVEY

CONTACT US
(909) 772-6541
Packet Page. 1931
23 Engineering Assistant II
Public Works-Engineering Division
City of San Bernardino
201 N E Street, 2nd Floor Envirocare Proposal No.LHMS021826-2 Proposal for: Limited Hazardous Materials Survey
Burned Down Vacant Woolworth Building
Corner of 4th Street & E. Street.

San Bernardino, California 92408
Dear Mr. Alkhateeb:

Envirocare Consulting, Inc (ECI) is pleased to provide The City of San Bernardino with our proposal to perform a Limited Hazardous Material Survey in coordination with demolition contractors so as to provide a more comprehensive and accurate representation of the building materials in our sampling and testing for the abovereferenced property. Our proposal contains: a summary of relevant information as we understand it, a project schedule, and the estimated costs for completion of the proposed work.

PROJECT OVERVIEW
ECI understands the existing burned-down structures (Woolworth building) located at the corner of 4th Street & E. Street in the city of San Bernardino, California is planned for renovation and/or demolition.

ECI proposes to perform a Limited Hazardous Material Survey including an asbestos-containing material (ACM) survey.

SCOPE OF SERVICES
Envirocare Consulting, Inc. will provide a State of California Division of Occupational Safety and Health Certified Asbestos Consultant to draft a procedure-5 cleanup plan and perform an Asbestos survey according to (Cal/OSHA, Cal/EPA and SCAQMD protocol rules 1403).

Envirocare Consulting, Inc. will collect samples of accessible (able to be reached or gathered despite the firedamaged condition of the Woolworth building) materials which have not been previously sampled using the help of a demolition contractor in order to clear up any and all obstructions so as to safely access burned or firedamaged materials for sampling, all asbestos samples will be submitted to and analyzed by a laboratory which is accredited by NVLAP and Cal/EPA’s program. All samples will be analyzed by PLM.

Envirocare Consulting, Inc. will take digital photographs of suspected sampled materials.

Envirocare Consulting, Inc. will summit a final report including sample locations, sample results, quantity estimation and photographs.

Envirocare Consulting Inc. will have personnel on-site to supervise removal of debris so that if we encounter any building materials that were not previously analyzed: such materials may be sampled and analyzed with a rushed analysis. If any of these materials are found to be asbestos-containing; Envirocare will also provide a procedure-5 for SCAQMD to advise safe removal and disposal thereof.

Packet Page. 1932
24 Asbestos Survey: The asbestos-containing material (ACM) Survey will be conducted by inspectors with EPA accredited asbestos training to identify asbestos-containing materials in general accordance with EPA Standard 40 CFR 763, Sub Part E, Asbestos Hazard Emergency Response Act (AHERA) and OSHA Standard 29 CFR 1926.1101 Inspection Protocol. The survey includes the collection of bulk samples of friable (easily crumbled under hand pressure) and non-friable materials suspected as containing asbestos for laboratory testing.

Due to the nature of an asbestos assessment and the inability and impracticality of accessing all hidden locations, some areas/materials may still be deemed inaccessible and/or not inspected.

Representative bulk samples will be collected from each suspect material within the inspected areas in general accordance with EPA recommended asbestos survey techniques. In instances where it is apparent that the materials are not of homogenous appearance and texture, individual samples will be collected.

All of the collected samples will be submitted to a laboratory for analysis by polarized light microscopy (PLM) in accordance with EPA testing methods. Samples will be analyzed by EPA method (EPA 600/4-93/116) Determination of Asbestos in Bulk Building Materials or EPA Method (EPA 600M4-82-020) for the Determination of Asbestos in Bulk Insulation Samples. The laboratory is accredited by the U.S. Department of Commerce, National Institute of Standards and Technologies, National Voluntary Laboratory Accreditation Program (NVLAP) for bulk asbestos identification by PLM.

The results of the asbestos bulk sampling will be included in a written survey report detailing pertinent observations made while on-site, estimated quantities of ACMs and recommendations for removal. ECI will rely on your office to facilitate the necessary site access arrangements for the completion of the proposed scope of services.

Schedule: Our proposed scope of work can be initiated after we receive formal authorization to proceed as well as a signed purchase order. We anticipate that the proposed investigation for the subject site can be completed within Five-(5) working days of authorization to proceed. This letter is the agreement for our services. Your acceptance of this proposal may be indicated by signing and returning the enclosed copy to us. If you have any questions or comments, please feel free to contact us.

Packet Page. 1933
25 FEE PROPOSAL
Limited Hazardous Material Survey for Burned-Down Woolworth Building LIMITED ASBESTOS SURVEY & BULK SAMPLES PLM ANALYSIS $3,623.00 PROCEDURE 5 (IF NEEDED) $1,863.00
TOTAL FOR LIMITED ASBESTOS SURVEY AND PROCEDURE 5 $5,486.00 ON-SITE MONITORING DURING DEMOLITION/CLEANUP $1,100.00 / DAY (SCHEDULING TO BE DETERMINED BY CONTRACTOR)
The Client named above agrees that the retention of ECI to conduct the work described above forms a contractual relationship between the Client and ECI, upon which the following terms and conditions are incorporated. ECI agrees to submit invoices detailing the time worked, the staff classification (identifying the individual person) and a listing of other direct (and indirect) costs charged to the project. Client agrees to pay all invoice amounts submitted within Forty-Five (45) days after receipt of invoice.

Thank you for giving Envirocare Consulting, Inc. the opportunity to provide this proposal. Should you have any questions regarding this project, do not hesitate to contact us.

Sincerely,
Envirocare Consulting, Inc.

Sam Lutchmiah. CAC, CDPHIA, CIHM
THIS PROPOSAL EXPIRES ON JULY 18th, 2026
PROPOSAL AUTHORIZED BY:

Name: ......................................................................................... Title: …………………………………………… Date: ........................................................................... Contact Person: …………………………….

Packet Page. 1934
26 ENVIROCARE CONSULTING, INC.
16155 COUSINS CIRCLE • RIVERSIDE, CA 92503. PHONE (909) 772-6541 • FAX (951) 687-3502 Proposal for Limited Hazardous Materials Survey
For
Burned Down Vacant Woolworth Building
Corner of 4th Street & E. Street
San Bernardino, California 92408
Prepared for:

Mohammad Alkhateeb, PM
Public Works-Engineering Division
City of San Bernardino
201 N E Street, 2nd Floor
Prepared by:

Envirocare Consulting Services, Inc.

Sam S. Lutchmiah. CIHM. CAC. LRCIA
Columbia State University
Certified Industrial Hygiene Manager
State of California
Certified Asbestos Consultant No. 93-1152
State of California
CDPH Lead Inspector / Assessor # 2604

SERVICES

ASBESTOS

ASBESTOS TESTING

ASBESTOS INSPECTION

ASBESTOS CONSULTING

PLM-PCM-TEM ANALYSIS

ASBESTOS AIR MONITORING

ASBESTOS FINAL CLEARANCE

ASBESTOS SURVEY SAMPLING

LEAD-BASED PAINT

SOIL ANALYSIS

XRF-PAINT CHIPS

LEAD SOIL SAMPLING

LEAD PAINT TESTING

LEAD WIPE SAMPLING

LEAD FINAL CLEARANCE
MOLD

MOLD TESTING

MOLD ANALYSIS

MOLD PROTOCOL

MOLD INSPECTION

VIABLE MOLD ANALYSIS

NON-VIABLE MOLD ANALYSIS

BACTERIA

BACTERIA TESTING

BACTERIA SAMPLING

BACTERIA INSPECTION

SEWER WATER ANALYSIS

SMOKE & SOOT ASSESSMENT

TRAUMA SCENE & BIOHAZARD

INDUSTRIAL HYGIENE ASSESSMENT

INDOOR AIR QUALITY

VOLATILE ORGANIC COMPOUNDS
(VOC’s)

HAZ-MAT SURVEY

CONTACT US
(909) 772-6541
Packet Page. 1935
27 Mr. Alkhateeb
Engineering Assistant II
Public Works-Engineering Division
City of San Bernardino
201 N E Street, 2nd Floor Envirocare Proposal No.LHMS021826-3 Proposal for: Limited Hazardous Materials Survey
Burned Down Vacant Woolworth Building
Corner of 4th Street & E. Street.

San Bernardino, California 92408
Dear Mr. Alkhateeb:

Envirocare Consulting, Inc (ECI) is pleased to provide The City of San Bernardino with our proposal to perform a Limited Hazardous Material Survey in coordination with demolition contractors so as to provide a more comprehensive and accurate representation of the building materials in our sampling and testing for the abovereferenced property. Our proposal contains: a summary of relevant information as we understand it, a project schedule, and the estimated costs for completion of the proposed work.

PROJECT OVERVIEW
ECI understands the existing burned-down structures (Woolworth building) located at the corner of 4th Street & E. Street in the city of San Bernardino, California is planned for renovation and/or demolition.

SCOPE OF SERVICES
Envirocare Consulting, Inc. will provide a State of California Division of Occupational Safety and Health Certified Asbestos Consultant to perform air monitoring and final clearance according to (Cal/OSHA, Cal/EPA and SCAQMD protocol rules 1403).

Envirocare Consulting, Inc. will provide an abatement plans for both asbestos and lead in the areas of the building that have not sustained fire damage, and will also perform air monitoring and final clearance for these areas.

All asbestos air samples will be analyzed by PCM.

Envirocare Consulting, Inc. will take digital photographs before/during/after air monitoring.

Envirocare Consulting, Inc. will summit a final report including sample locations, sample results, and photographs.

Schedule: Our proposed scope of work can be initiated after we receive formal authorization to proceed as well as a signed purchase order, however with respect to air monitoring: Envirocare must follow the abatement schedule provided by the party engaging in abating the hazardous materials in the Woolworth Building. We anticipate that the proposed investigation for the subject site can be completed within Five-(5) working days of authorization to proceed. This letter is the agreement for our services. Your acceptance of this proposal may be indicated by signing and returning the enclosed copy to us. If you have any questions or comments, please feel free to contact us.

Packet Page. 1936
28 FEE PROPOSAL
Limited Hazardous Material Survey for Burned-Down Woolworth Building ABATEMENT PLAN FOR LEAD AND ASBESTOS $2,500.00
ON-SITE AIR MONITORING FOR ASBESTOS AND LEAD $1,500 / DAY (AIR MONITORING SCHEDULE TBD BY ABATEMENT CONTRACTOR)
The Client named above agrees that the retention of ECI to conduct the work described above forms a contractual relationship between the Client and ECI, upon which the following terms and conditions are incorporated. ECI agrees to submit invoices detailing the time worked, the staff classification (identifying the individual person) and a listing of other direct (and indirect) costs charged to the project. Client agrees to pay all invoice amounts submitted within Forty-Five (45) days after receipt of invoice.

Thank you for giving Envirocare Consulting, Inc. the opportunity to provide this proposal. Should you have any questions regarding this project, do not hesitate to contact us.

Sincerely,
Envirocare Consulting, Inc.

Sam Lutchmiah. CAC, CDPHIA, CIHM
THIS PROPOSAL EXPIRES ON JULY 18th, 2026
PROPOSAL AUTHORIZED BY:

Name: ......................................................................................... Title: …………………………………………… Date: ........................................................................... Contact Person: …………………………….

Packet Page. 1937
ENVIROCARE CONSULTING, INC.
16155 COUSINS CIRCLE • RIVERSIDE, CA 92503. PHONE (909) 772-6541 • FAX (951) 687-3502 Proposal for Limited Hazardous Materials Survey
For
Burned Down Vacant Woolworth Building
Corner of 4th Street & E. Street
San Bernardino, California 92408
Prepared for:

Mohammad Alkhateeb, PM
Public Works-Engineering Division
City of San Bernardino
201 N E Street, 2nd Floor
Prepared by:

Envirocare Consulting Services, Inc.

Sam S. Lutchmiah. CIHM. CAC. LRCIA
Columbia State University
Certified Industrial Hygiene Manager
State of California
Certified Asbestos Consultant No. 93-1152
State of California
CDPH Lead Inspector / Assessor # 2604

SERVICES

ASBESTOS

ASBESTOS TESTING

ASBESTOS INSPECTION

ASBESTOS CONSULTING

PLM-PCM-TEM ANALYSIS

ASBESTOS AIR MONITORING

ASBESTOS FINAL CLEARANCE

ASBESTOS SURVEY SAMPLING

LEAD-BASED PAINT

SOIL ANALYSIS

XRF-PAINT CHIPS

LEAD SOIL SAMPLING

LEAD PAINT TESTING

LEAD WIPE SAMPLING

LEAD FINAL CLEARANCE
MOLD

MOLD TESTING

MOLD ANALYSIS

MOLD PROTOCOL

MOLD INSPECTION

VIABLE MOLD ANALYSIS

NON-VIABLE MOLD ANALYSIS

BACTERIA

BACTERIA TESTING

BACTERIA SAMPLING

BACTERIA INSPECTION

SEWER WATER ANALYSIS

SMOKE & SOOT ASSESSMENT

TRAUMA SCENE & BIOHAZARD

INDUSTRIAL HYGIENE ASSESSMENT

INDOOR AIR QUALITY

VOLATILE ORGANIC COMPOUNDS
(VOC’s)

HAZ-MAT SURVEY

CONTACT US
(909) 772-6541
Packet Page. 1938
2 Mr. Alkhateeb
Engineering Assistant II
Public Works-Engineering Division
City of San Bernardino
201 N E Street, 2nd Floor Envirocare Proposal No.LHMS021826-1 Proposal for: Limited Hazardous Materials Survey
Burned Down Vacant Woolworth Building
Corner of 4th Street & E. Street.

San Bernardino, California 92408
Dear Mr. Alkhateeb:

Envirocare Consulting, Inc (ECI) is pleased to provide The City of San Bernardino with our proposal to perform a Limited Hazardous Material Survey for the above-referenced property. Our proposal contains: a summary of relevant information as we understand it, a project schedule, and the estimated costs for completion of the proposed work.

PROJECT OVERVIEW
ECI understands the existing burned-down structures (Woolworth building) located at the corner of 4th Street & E. Street in the city of San Bernardino, California is planned for renovation and/or demolition.

ECI proposes to perform a Limited Hazardous Material Survey including an asbestos-containing material (ACM) survey.

SCOPE OF SERVICES
Envirocare Consulting, Inc. will provide a State of California Division of Occupational Safety and Health Certified Asbestos Consultant to perform Asbestos survey according to (Cal/OSHA, Cal/EPA and SCAQMD protocol rules 1403).

Envirocare Consulting, Inc. will conduct an assessment of the site and materials while exclusively collecting accessible samples (meaning the sampled materials are able to be reached or gathered safely despite the firedamaged condition of the Woolworth building) according to the scope of services and requirements, all asbestos samples will be submitted to and analyzed by a laboratory which is accredited by NVLAP and Cal/EPA’s program. All samples will be analyzed by PLM.

Envirocare Consulting, Inc. will take digital photographs of suspected sampled materials.

Envirocare Consulting, Inc. will summit a final report including sample locations, sample results, quantity estimation and photographs.

Packet Page. 1939
3 The asbestos-containing material (ACM) Assessment & Survey will be conducted by inspectors with EPA accredited asbestos training to identify asbestos-containing materials in general accordance with EPA Standard 40 CFR 763, Sub Part E, Asbestos Hazard Emergency Response Act (AHERA) and OSHA Standard 29 CFR 1926.1101 Inspection Protocol. This survey and assessment include the collection of bulk samples of friable (easily crumbled under hand pressure) and non-friable materials suspected as containing asbestos for laboratory testing as well as an initial walkthrough and visual analysis of the site and materials.

Due to the nature of an asbestos assessment and the inability and impracticality of accessing all hidden locations: some areas/materials may still be deemed inaccessible and/or not inspected.

Representative bulk samples will be collected from each suspect material within the inspected areas in general accordance with EPA recommended asbestos survey techniques. In instances where it is apparent that the materials are not of homogenous appearance and texture, individual samples will be collected.

All of the collected samples will be submitted to a laboratory for analysis by polarized light microscopy (PLM) in accordance with EPA testing methods. Samples will be analyzed by EPA method (EPA 600/4-93/116) Determination of Asbestos in Bulk Building Materials or EPA Method (EPA 600M4-82-020) for the Determination of Asbestos in Bulk Insulation Samples. The laboratory is accredited by the U.S. Department of Commerce, National Institute of Standards and Technologies, National Voluntary Laboratory Accreditation Program (NVLAP) for bulk asbestos identification by PLM.

The results of the asbestos bulk sampling will be included in a written survey report detailing pertinent observations made while on-site and estimated quantities of ACMs and recommendations for removal. ECI will rely on your office to facilitate the necessary site access arrangements for the completion of the proposed scope of services.

Schedule: Our proposed scope of work can be initiated after we receive formal authorization to proceed as well as a signed purchase order. We anticipate that the proposed investigation for the subject site can be completed within Five-(5) working days of authorization to proceed. This letter is the agreement for our services. Your acceptance of this proposal may be indicated by signing and returning the enclosed copy to us. If you have any questions or comments, please feel free to contact us.

Packet Page. 1940
4 FEE PROPOSAL
Limited HazardousMaterial Survey for Burned-Down Woolworth Building LIMITED ASBESTOS SURVEY & BULK SAMPLING/ASSESSMENT $5,263.00 (PLM ANALYSIS)
PROJECT TO BE COMPLETED IN 5 WORKING DAYS
LUMP SUM COST $ 5,263.00
The Client named above agrees that the retention of ECI to conduct the work described above forms a contractual relationship between the Client and ECI, upon which the following terms and conditions are incorporated. ECI agrees to submit invoices detailing the time worked, the staff classification (identifying the individual person) and a listing of other direct (and indirect) costs charged to the project. Client agrees to pay all invoice amounts submitted within Forty-Five (45) days after receipt of invoice.

Thank you for giving Envirocare Consulting, Inc. the opportunity to provide this proposal. Should you have any questions regarding this project, do not hesitate to contact us.

Sincerely,
Envirocare Consulting, Inc.

Sam Lutchmiah. CAC, CDPHIA, CIHM
THIS PROPOSAL EXPIRES ON JULY 18th, 2026
PROPOSAL AUTHORIZED BY:

Name: ......................................................................................... Title: …………………………………………… Date: ........................................................................... Contact Person: …………………………….

Packet Page. 1941
5 ENVIROCARE CONSULTING, INC.
16155 COUSINS CIRCLE • RIVERSIDE, CA 92503. PHONE (909) 772-6541 • FAX (951) 687-3502 Proposal for Limited Hazardous Materials Survey
For
Burned Down Vacant Woolworth Building
Corner of 4th Street & E. Street
San Bernardino, California 92408
Prepared for:

Mohammad Alkhateeb, PM
Public Works-Engineering Division
City of San Bernardino
201 N E Street, 2nd Floor
Prepared by:

Envirocare Consulting Services, Inc.

Sam S. Lutchmiah. CIHM. CAC. LRCIA
Columbia State University
Certified Industrial Hygiene Manager
State of California
Certified Asbestos Consultant No. 93-1152
State of California
CDPH Lead Inspector / Assessor # 2604

SERVICES

ASBESTOS

ASBESTOS TESTING

ASBESTOS INSPECTION

ASBESTOS CONSULTING

PLM-PCM-TEM ANALYSIS

ASBESTOS AIR MONITORING

ASBESTOS FINAL CLEARANCE

ASBESTOS SURVEY SAMPLING

LEAD-BASED PAINT

SOIL ANALYSIS

XRF-PAINT CHIPS

LEAD SOIL SAMPLING

LEAD PAINT TESTING

LEAD WIPE SAMPLING

LEAD FINAL CLEARANCE
MOLD

MOLD TESTING

MOLD ANALYSIS

MOLD PROTOCOL

MOLD INSPECTION

VIABLE MOLD ANALYSIS

NON-VIABLE MOLD ANALYSIS

BACTERIA

BACTERIA TESTING

BACTERIA SAMPLING

BACTERIA INSPECTION

SEWER WATER ANALYSIS

SMOKE & SOOT ASSESSMENT

TRAUMA SCENE & BIOHAZARD

INDUSTRIAL HYGIENE ASSESSMENT

INDOOR AIR QUALITY

VOLATILE ORGANIC COMPOUNDS
(VOC’s)

HAZ-MAT SURVEY

CONTACT US
(909) 772-6541
Packet Page. 1942
6 Mr. Alkhateeb
Engineering Assistant II
Public Works-Engineering Division
City of San Bernardino
201 N E Street, 2nd Floor Envirocare Proposal No.LHMS021826-2 Proposal for: Limited Hazardous Materials Survey
Burned Down Vacant Woolworth Building
Corner of 4th Street & E. Street.

San Bernardino, California 92408
Dear Mr. Alkhateeb:

Envirocare Consulting, Inc (ECI) is pleased to provide The City of San Bernardino with our proposal to perform a Limited Hazardous Material Survey in coordination with demolition contractors so as to provide a more comprehensive and accurate representation of the building materials in our sampling and testing for the abovereferenced property. Our proposal contains: a summary of relevant information as we understand it, a project schedule, and the estimated costs for completion of the proposed work.

PROJECT OVERVIEW
ECI understands the existing burned-down structures (Woolworth building) located at the corner of 4th Street & E. Street in the city of San Bernardino, California is planned for renovation and/or demolition.

ECI proposes to perform a Limited Hazardous Material Survey including an asbestos-containing material (ACM) survey.

SCOPE OF SERVICES
Envirocare Consulting, Inc. will provide a State of California Division of Occupational Safety and Health Certified Asbestos Consultant to draft a procedure-5 cleanup plan and perform an Asbestos survey according to (Cal/OSHA, Cal/EPA and SCAQMD protocol rules 1403).

Envirocare Consulting, Inc. will collect samples of accessible (able to be reached or gathered despite the firedamaged condition of the Woolworth building) materials which have not been previously sampled using the help of a demolition contractor in order to clear up any and all obstructions so as to safely access burned or firedamaged materials for sampling, all asbestos samples will be submitted to and analyzed by a laboratory which is accredited by NVLAP and Cal/EPA’s program. All samples will be analyzed by PLM.

Envirocare Consulting, Inc. will take digital photographs of suspected sampled materials.

Envirocare Consulting, Inc. will summit a final report including sample locations, sample results, quantity estimation and photographs.

Envirocare Consulting Inc. will have personnel on-site to supervise removal of debris so that if we encounter any building materials that were not previously analyzed: such materials may be sampled and analyzed with a rushed analysis. If any of these materials are found to be asbestos-containing; Envirocare will also provide a procedure-5 for SCAQMD to advise safe removal and disposal thereof.

Packet Page. 1943
7 Asbestos Survey: The asbestos-containing material (ACM) Survey will be conducted by inspectors with EPA accredited asbestos training to identify asbestos-containing materials in general accordance with EPA Standard 40 CFR 763, Sub Part E, Asbestos Hazard Emergency Response Act (AHERA) and OSHA Standard 29 CFR 1926.1101 Inspection Protocol. The survey includes the collection of bulk samples of friable (easily crumbled under hand pressure) and non-friable materials suspected as containing asbestos for laboratory testing.

Due to the nature of an asbestos assessment and the inability and impracticality of accessing all hidden locations, some areas/materials may still be deemed inaccessible and/or not inspected.

Representative bulk samples will be collected from each suspect material within the inspected areas in general accordance with EPA recommended asbestos survey techniques. In instances where it is apparent that the materials are not of homogenous appearance and texture, individual samples will be collected.

All of the collected samples will be submitted to a laboratory for analysis by polarized light microscopy (PLM) in accordance with EPA testing methods. Samples will be analyzed by EPA method (EPA 600/4-93/116) Determination of Asbestos in Bulk Building Materials or EPA Method (EPA 600M4-82-020) for the Determination of Asbestos in Bulk Insulation Samples. The laboratory is accredited by the U.S. Department of Commerce, National Institute of Standards and Technologies, National Voluntary Laboratory Accreditation Program (NVLAP) for bulk asbestos identification by PLM.

The results of the asbestos bulk sampling will be included in a written survey report detailing pertinent observations made while on-site, estimated quantities of ACMs and recommendations for removal. ECI will rely on your office to facilitate the necessary site access arrangements for the completion of the proposed scope of services.

Schedule: Our proposed scope of work can be initiated after we receive formal authorization to proceed as well as a signed purchase order. We anticipate that the proposed investigation for the subject site can be completed within Five-(5) working days of authorization to proceed. This letter is the agreement for our services. Your acceptance of this proposal may be indicated by signing and returning the enclosed copy to us. If you have any questions or comments, please feel free to contact us.

Packet Page. 1944
8 FEE PROPOSAL
Limited Hazardous Material Survey for Burned-Down Woolworth Building LIMITED ASBESTOS SURVEY & BULK SAMPLES PLM ANALYSIS $3,623.00 PROCEDURE 5 (IF NEEDED) $1,863.00
TOTAL FOR LIMITED ASBESTOS SURVEY AND PROCEDURE 5 $5,486.00 ON-SITE MONITORING DURING DEMOLITION/CLEANUP $1,100.00 / DAY (SCHEDULING TO BE DETERMINED BY CONTRACTOR)
The Client named above agrees that the retention of ECI to conduct the work described above forms a contractual relationship between the Client and ECI, upon which the following terms and conditions are incorporated. ECI agrees to submit invoices detailing the time worked, the staff classification (identifying the individual person) and a listing of other direct (and indirect) costs charged to the project. Client agrees to pay all invoice amounts submitted within Forty-Five (45) days after receipt of invoice.

Thank you for giving Envirocare Consulting, Inc. the opportunity to provide this proposal. Should you have any questions regarding this project, do not hesitate to contact us.

Sincerely,
Envirocare Consulting, Inc.

Sam Lutchmiah. CAC, CDPHIA, CIHM
THIS PROPOSAL EXPIRES ON JULY 18th, 2026
PROPOSAL AUTHORIZED BY:

Name: ......................................................................................... Title: …………………………………………… Date: ........................................................................... Contact Person: …………………………….

Packet Page. 1945
9 ENVIROCARE CONSULTING, INC.
16155 COUSINS CIRCLE • RIVERSIDE, CA 92503. PHONE (909) 772-6541 • FAX (951) 687-3502 Proposal for Limited Hazardous Materials Survey
For
Burned Down Vacant Woolworth Building
Corner of 4th Street & E. Street
San Bernardino, California 92408
Prepared for:

Mohammad Alkhateeb, PM
Public Works-Engineering Division
City of San Bernardino
201 N E Street, 2nd Floor
Prepared by:

Envirocare Consulting Services, Inc.

Sam S. Lutchmiah. CIHM. CAC. LRCIA
Columbia State University
Certified Industrial Hygiene Manager
State of California
Certified Asbestos Consultant No. 93-1152
State of California
CDPH Lead Inspector / Assessor # 2604

SERVICES

ASBESTOS

ASBESTOS TESTING

ASBESTOS INSPECTION

ASBESTOS CONSULTING

PLM-PCM-TEM ANALYSIS

ASBESTOS AIR MONITORING

ASBESTOS FINAL CLEARANCE

ASBESTOS SURVEY SAMPLING

LEAD-BASED PAINT

SOIL ANALYSIS

XRF-PAINT CHIPS

LEAD SOIL SAMPLING

LEAD PAINT TESTING

LEAD WIPE SAMPLING

LEAD FINAL CLEARANCE
MOLD

MOLD TESTING

MOLD ANALYSIS

MOLD PROTOCOL

MOLD INSPECTION

VIABLE MOLD ANALYSIS

NON-VIABLE MOLD ANALYSIS

BACTERIA

BACTERIA TESTING

BACTERIA SAMPLING

BACTERIA INSPECTION

SEWER WATER ANALYSIS

SMOKE & SOOT ASSESSMENT

TRAUMA SCENE & BIOHAZARD

INDUSTRIAL HYGIENE ASSESSMENT

INDOOR AIR QUALITY

VOLATILE ORGANIC COMPOUNDS
(VOC’s)

HAZ-MAT SURVEY

CONTACT US
(909) 772-6541
Packet Page. 1946
10 Mr. Alkhateeb
Engineering Assistant II
Public Works-Engineering Division
City of San Bernardino
201 N E Street, 2nd Floor Envirocare Proposal No.LHMS021826-3 Proposal for: Limited Hazardous Materials Survey
Burned Down Vacant Woolworth Building
Corner of 4th Street & E. Street.

San Bernardino, California 92408
Dear Mr. Alkhateeb:

Envirocare Consulting, Inc (ECI) is pleased to provide The City of San Bernardino with our proposal to perform a Limited Hazardous Material Survey in coordination with demolition contractors so as to provide a more comprehensive and accurate representation of the building materials in our sampling and testing for the abovereferenced property. Our proposal contains: a summary of relevant information as we understand it, a project schedule, and the estimated costs for completion of the proposed work.

PROJECT OVERVIEW
ECI understands the existing burned-down structures (Woolworth building) located at the corner of 4th Street & E. Street in the city of San Bernardino, California is planned for renovation and/or demolition.

SCOPE OF SERVICES
Envirocare Consulting, Inc. will provide a State of California Division of Occupational Safety and Health Certified Asbestos Consultant to perform air monitoring and final clearance according to (Cal/OSHA, Cal/EPA and SCAQMD protocol rules 1403).

Envirocare Consulting, Inc. will provide an abatement plans for both asbestos and lead in the areas of the building that have not sustained fire damage, and will also perform air monitoring and final clearance for these areas.

All asbestos air samples will be analyzed by PCM.

Envirocare Consulting, Inc. will take digital photographs before/during/after air monitoring.

Envirocare Consulting, Inc. will summit a final report including sample locations, sample results, and photographs.

Schedule: Our proposed scope of work can be initiated after we receive formal authorization to proceed as well as a signed purchase order, however with respect to air monitoring: Envirocare must follow the abatement schedule provided by the party engaging in abating the hazardous materials in the Woolworth Building. We anticipate that the proposed investigation for the subject site can be completed within Five-(5) working days of authorization to proceed. This letter is the agreement for our services. Your acceptance of this proposal may be indicated by signing and returning the enclosed copy to us. If you have any questions or comments, please feel free to contact us.

Packet Page. 1947
11 FEE PROPOSAL
Limited Hazardous Material Survey for Burned-Down Woolworth Building ABATEMENT PLAN FOR LEAD AND ASBESTOS $2,500.00
ON-SITE AIR MONITORING FOR ASBESTOS AND LEAD $1,500 / DAY (AIR MONITORING SCHEDULE TBD BY ABATEMENT CONTRACTOR)
The Client named above agrees that the retention of ECI to conduct the work described above forms a contractual relationship between the Client and ECI, upon which the following terms and conditions are incorporated. ECI agrees to submit invoices detailing the time worked, the staff classification (identifying the individual person) and a listing of other direct (and indirect) costs charged to the project. Client agrees to pay all invoice amounts submitted within Forty-Five (45) days after receipt of invoice.

Thank you for giving Envirocare Consulting, Inc. the opportunity to provide this proposal. Should you have any questions regarding this project, do not hesitate to contact us.

Sincerely,
Envirocare Consulting, Inc.

Sam Lutchmiah. CAC, CDPHIA, CIHM
THIS PROPOSAL EXPIRES ON JULY 18th, 2026
PROPOSAL AUTHORIZED BY:

Name: ......................................................................................... Title: …………………………………………… Date: ........................................................................... Contact Person: …………………………….

Packet Page. 1948
Woolworth Building Fire Damage Debris Removal -1-
00 52 13 – CONTRACT FOR CONSTRUCTION
00 52 13 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”) for Woolworth Building Fire Damage Debris Removal is made and entered into this 20th day of May, 2026 by and between the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, sometimes hereinafter called the “City” and Resource Environmental, Inc., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

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

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

ARTICLE 2. TIME FOR COMPLETION.

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

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Two Hundred Seventy-Two Thousand Dollars ($272,000.00). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.

ARTICLE 4. LIQUIDATED DAMAGES.

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

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,500 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Packet Page. 1949
Woolworth Building Fire Damage Debris Removal -2-
00 52 13 – CONTRACT FOR CONSTRUCTION
Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Appendices
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

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

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

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

Packet Page. 1950
Woolworth Building Fire Damage Debris Removal -3-
00 52 13 – CONTRACT FOR CONSTRUCTION
ARTICLE 7. INDEMNIFICATION.

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

ARTICLE 8. PREVAILING WAGES.

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

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Packet Page. 1951
Woolworth Building Fire Damage Debris Removal -4-
00 52 13 – CONTRACT FOR CONSTRUCTION
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF SAN BERNARDINO
By:

Eric Levitt
City Manager
ATTEST:

By:

Telicia Lopez, City Clerk
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
Resource Environmental, Inc.
[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
(CONTRACTOR’S SIGNATURE MUST BE

NOTARIZED AND CORPORATE

SEAL AFFIXED, IF APPLICABLE)

END OF CONTRACT
Packet Page. 1952
Woolworth Building Fire Damage Debris Removal -5-
00 52 13 – CONTRACT FOR CONSTRUCTION
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Packet Page. 1953
Woolworth Building Fire Damage Debris Removal -6-

ACKNOWLEDGEMENT OF INSURANCE

REQUIREMENTS

ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS
VENDOR NAME: PHONE:

ADDRESS:

The Proposer shall demonstrate the willingness and ability to provide the required insurance coverage as set forth in the City requirements within ten (10) calendar days of notification of selection for contract award. The insurance requirements are detailed below:

MINIMUM INSURANCE REQUIREMENTS
Woolworth Building Fire Damage Debris Removal

COVERAGE TYPE MINIMUM POLICY LIMITS
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Builder’s Risk or Installation Floater $1,000,000 per occurrence Contractor’s Pollution Liability (if applicable) $1,000,000 per occurrence / $2,000,000 aggregate
By signing below, the Proposer acknowledges that they have reviewed the City’s insurance requirements and confirm their ability to meet these requirements within the specified timeframe.

SUBMITTED BY: DATE: ___________________
(Authorized Representative Signature)
PRINT NAME: TITLE: ___________________
Packet Page. 1954
Woolworth Building Fire Damage Debris Removal -7-
00 61 13 – BOND FORMS
00 61 13 – BOND FORMS
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:

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

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

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

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

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

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.

The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

Packet Page. 1955
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00 61 13 – BOND FORMS
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

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

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

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Packet Page. 1956
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00 61 13 – BOND FORMS
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)
Packet Page. 1957
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00 61 13 – BOND FORMS
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

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

Packet Page. 1958
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00 61 13 – BOND FORMS
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

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

END OF PERFORMANCE BOND
Packet Page. 1959
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00 61 13 – BOND FORMS
Payment Bond (Labor and Materials).

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

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

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

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

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or Packet Page. 1960
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00 61 13 – BOND FORMS
pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim.

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

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Packet Page. 1961
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00 61 13 – BOND FORMS
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

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

Packet Page. 1962
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00 61 13 – BOND FORMS
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

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

END OF PAYMENT BOND
Packet Page. 1963
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00 72 00 – GENERAL CONDITIONS
00 72 00 – GENERAL CONDITIONS
ARTICLE 1 -TERMS; DEFINITIONS

1.1 Defined Terms
A. Whenever used in the Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined below, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

1. Act of God – An earthquake of magnitude of 3.5 or higher on the Richter scale or a tidal wave.

2. Addenda -- Written or graphic instruments issued prior to the submission of Bids which clarify, correct, or change the Contract Documents.

3. Additional Work -- New or unforeseen work will be classified as “Additional Work” when the Engineer determines that it is not covered by the Contract.

4. Applicable Laws -- The laws, statutes, ordinances, rules, codes, regulations, permits, and licenses of any kind, issued by local, state or federal governmental authorities or private authorities with jurisdiction (including utilities), to the extent they apply to the Work.

5. Bid -- The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed.

6. Bid Guarantee -- The Bid Bond, cashier’s check, or certified check to be made by the Bidder, which is to accompany the Bid as a guaranty of good faith to enter into a written contract.

7. Bidder -- The individual or entity who submits a Bid directly to the City.

8. Change Order (“CO”) -- A document that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Contract, in accordance with the Contract Documents and in the form contained in the Contract Documents.

9. Change Order Request (“COR”) -- A request made by the Contractor for an adjustment in the Contract Price and/or Contract Times as the result of a Contractor-claimed change to the Work. This term may also be referred to as a Change Order Proposal (“COP”), or Request for Change (“RFC”).

10. City’s Representative – The City Engineer, and acting through properly authorized agents, such as the Engineer or such other agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the “City’s Representative” or “Representative” in the Contract Documents. The terms the City and Owner may be used interchangeably
Packet Page. 1964
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00 72 00 – GENERAL CONDITIONS

11. Claim -- A demand or assertion by the City or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim.

12. Contract -- The entire integrated written agreement between the City and Contractor concerning the Work. “Contract” may be used interchangeably with “Agreement” in the Contract Documents. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral, and includes all Contract Documents.

13. Contract Documents -- The documents listed in Section 00 52 13, Article 5 of the Contract for Construction. Some documents provided by the City to the Bidders and Contractor, including but not limited to reports and drawings of subsurface and physical conditions are not Contract Documents.

14. Contract Price -- Amount to be paid by the City to the Contractor as full compensation for the performance of the Contract and completion of the Work, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs.

15. Contract Time -- The number of days or the dates stated in the Contract Documents to: achieve defined milestones, if any; and to complete the Work so that it is ready for final payment.

16. Contractor -- The individual or entity with which the City has contracted for performance of the Work.

17. Contractor’s Designated On-Site Representative -- The Contractor’s Designated On-Site Representative will be identified by the Contractor and shall not be changed without prior written consent of the City.

18. Critical Supply Shortage -- An unusual shortage in materials that is (a) supported by documented proof that Contractor made every effort to obtain such materials from all available sources; (b) such shortage is due to the fact that such materials are not physically available from single or multiple sources or could have been obtained only at exorbitant prices entirely inconsistent with current and standard rates taking into account the quantities involved and the usual industry practices in obtaining such quantities; and (c) such shortages and the difficulties in obtaining alternate sources of materials could not have been known or anticipated by Contractor at the time it submitted its bid or entered the Contract. Market fluctuations in prices of materials, whether or not resulting from a Force Majeure Event, does not constitute a Critical Supply Shortage.

19. Daily Rate -- The Daily Rate stipulated in the Contract Documents as full compensation to the Contractor due to the City’s unreasonable delay to the Project that was not contemplated by the parties.

20. Day -- A calendar day of 24 hours measured from midnight to the next midnight.

21. Defective Work -- Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any Packet Page. 1965
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00 72 00 – GENERAL CONDITIONS
inspection, reference standard, test, or approval referenced in the Contract Documents.

22. Demobilization -- The complete dismantling and removal by the Contractor of all of the Contractor’s temporary facilities, equipment, and personnel at the Site.

23. Drawings -- That part of the Contract Documents prepared by of the Engineer of Record which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor Submittals are not Drawings as so defined.

24. Effective Date of the Contract -- The date indicated in the Contract on which it becomes effective, but if no such date is indicated, it means the date on which the Contract is signed and delivered by the last of the two parties to sign and deliver.

25. Engineer -- Whenever not qualified, shall mean the City Engineer or the Engineer authorized to act for and in behalf of the City, acting either directly or through properly authorized agents, such agents acting severally within the scope of the particular duties entrusted to them.

26. Force Majeure Event -- 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 Site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); (4) pandemics, epidemics or quarantine restrictions; (5) strikes and other organized labor action occurring at the Site and the effects thereof on the Work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its Subcontractors, of every Tier, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (6) a Critical Supply Shortage. 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.

27. Hazardous Waste -- The term “Hazardous Waste” shall have the meaning provided in Section 104 of the Solid Waste Disposal Act (42 U.S.C. § 6903) as amended from time to time, or any substance or material identified as hazardous under any state or federal statute governing handling, disposal and/or cleanup of any such substance or material, whichever is more restrictive.

28. Holiday – Holidays occur on:

New Year’s Day - January 1
Martin Luther King Jr Day – January 20
President’s Day – Third Monday in February
Memorial Day - Last Monday in May
Juneteenth – June 19
Independence Day - July 4
Labor Day - First Monday in September
Veteran’s Day - November 11
Packet Page. 1966
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00 72 00 – GENERAL CONDITIONS
Thanksgiving Day - Fourth Thursday in November
Friday after Thanksgiving
Christmas Eve – December 24
Christmas Day - December 25
Day After Christmas – December 26
New Year’s Eve – December 31
If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday are both Holidays.

29. Notice of Award -- The written notice by the City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, the City will sign and deliver the Contract.

30. Notice of Completion -- The form which may be executed by the City constituting final acceptance of the Project.

31. Notice to Proceed -- A written notice given by the City to Contractor fixing the date on which the Contractor may proceed with the Work and when Contract Times will commence to run.

32. Project -- The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part.

33. Record Drawings – The record set of as-builts prepared by the Contractor during the Work in accordance with the requirements of the General Conditions.

34. Recyclable Waste Materials -- Materials removed from the Site which are required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include, but are not limited to, asphalt, concrete, brick, concrete block, and rock.

35. Sample -- A physical example furnished by the Contractor to illustrate materials, equipment or workmanship; to establish standards by which the Work will be judged.

36. Schedule of Submittals -- A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to facilitate scheduled performance of related construction activities.

37. Shop Drawings -- All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work.

38. Site -- Lands or areas indicated in the Contract Documents as being furnished by the City upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by the City which are designated for the use of Contractor.

Packet Page. 1967
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00 72 00 – GENERAL CONDITIONS

39. Specifications -- That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto.

40. Stop Payment Notice -- A written notice as defined in Civil Code section 8044.

41. Subcontractor -- An individual or entity other than a Contractor having a contract with any other entity than the City for performance of any portion of the Work at the Site.

42. Submittal -- Written and graphic information and physical samples prepared and supplied by the Contractor demonstrating various portions of the Work.

43. Successful Bidder -- The responsible Bidder submitting a responsive Bid to whom the City makes an award.

44. Supplier -- A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment used in the performance of the Work or to be incorporated in the Work.

45. Underground Facilities -- All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

46. Unit Price Work -- Work to be paid for on the basis of unit prices as provided by the Contractor in its Bid or as adjusted in accordance with the Contract Documents.

47. Warranty -- A guarantee provided to the City by the Contractor that the Work will remain free of defects and suitable for its intended use for the period required by the Contract Documents or the longest period permitted by the law of this state, whichever is longer.

48. Work -- The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.

1.2 Terminology.

A. The words and terms below are not defined but, when used in the Contract Documents, have the indicated meaning.

1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment Packet Page. 1968
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00 72 00 – GENERAL CONDITIONS
to the Site (or some other specified location) ready for use or installation and in usable or operable condition.

2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use.

3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use.

4. Regardless of whether “furnish,” “install,” “perform,” or “provide” is used in connection with services, materials, or equipment, an obligation of Contractor is implied.

5. The word “work” that which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services.

B. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning.

ARTICLE 2 -PRELIMINARY MATTERS

2.1 Delivery of Contract Documents
A. Within ten (10) Days after receipt of the Notice of Award and before the City will execute the Contract, the Contractor shall furnish and file with the City a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and Endorsements, as well as any other documents specified in the Contract Documents.

2.2 Bonds
A. Contractor shall submit the bonds on the forms provided with the Contract Documents, duly executed by a responsible corporate surety admitted to transact surety business in the State of California, as defined in Code of Civil Procedure section 995.120, and listed in the United States Department of the Treasury circular entitled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies," authorized to do business in the State of California and acceptable to the City conditioned upon the faithful performance by the Contractor of all requirements of the Contract Documents. Each of the bonds shall be in a sum no less than one hundred percent (100%) of the Contract Price. Bonds shall be delivered to the City within ten (10) Days after receipt of the Notice of Award and before execution of the Contract by the City.

Packet Page. 1969
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00 72 00 – GENERAL CONDITIONS

2.3 Evidence of Insurance
A. Prior to commencing any Work but no later than ten (10) Days after receipt of the Notice of Award, the Contractor shall submit or cause to be submitted any and all Certificates of Insurance and Endorsements, showing that the Contractor has the required insurance, to the attention of the City. Such insurance is to be provided at the sole cost and expense of the Contractor. No Work shall be performed until all of the required insurance has been received and approved.

2.4 Execution of the Contract
A. Upon receipt of the required Contract Documents, the City will execute the Contract, establishing the Effective Date of the Contract.

2.5 Contractor’s Failure to Perform
A. Should Contractor fail to comply with timelines provided above, the City shall retain the right to enforce and collect on the Contractor’s Bid Guarantee, rescind award to the Contractor and award the Contract to the next lowest responsive, responsible bidder as determined by the City. If the City elects to accept bonds and insurance submitted late, the Contract Times will begin to run as of the date stated in the Notice to Proceed. However, the number of days beyond the original ten (10) Days it took to receive the properly executed Contract and related items may be deducted from the Contract Times.

2.6 Commencement of Contract Times; Notice to Proceed
A. The City will not issue a Notice to Proceed until after the Effective Date of the Contract.

Work shall commence within ten (10) Days of the date stated in the Notice to Proceed.

The Contract Times begin to run on the date specified in the Notice to Proceed. No Work shall be done at the Site prior to the issuance of the Notice to Proceed.

2.7 Copies of Documents
A. Contractor will be furnished, free of charge, five (5) copies of the Contract Documents. Additional copies may be obtained at cost of reproduction. Contractor shall maintain a clean, undamaged set of Contract Documents, including Submittals, at the Project site.

2.8 Substitution Requests, Schedule of Submittals, and Schedule A. Substitution Requests. Within fifteen (15) Days after Notice of Award (unless otherwise specified in the Contract Documents), Contractor shall provide all substitution requests as further described in Section 00 72 00, Article 6.5.

B. Schedule of Submittals. Within five (5) Days after the issuance of the Notice of Proceed (unless otherwise specified in the Contract Documents), Contractor shall submit to the City a Schedule of Submittals that conforms with the requirements of Section 00 72 00, Article 5.21.

Packet Page. 1970
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C. Schedule. Within ten (10) days after the issuance of the Notice of Proceed (unless otherwise specified in the Contract Documents), the Contractor shall submit a construction schedule that conforms with the requirements of Section 00 72 00, Article 8.2.

2.9 Preconstruction Conference; Designation of Authorized Representatives.

A. Before any Work at the Site is started, a conference attended by the City, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to herein, procedures for handling Submittals and Shop Drawings, processing applications for payment, and maintaining required records.

B. At this conference the City and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party.

2.10 Subcontractor Mobilization Meeting.

A. Prior to the start of each major Subcontractor’s Site Work, the Contractor, the involved Subcontractor, and Engineer shall attend a pre-start meeting to discuss the schedule, coordination, procedures, and other administrative issues.

2.11 Authority of Board; Engineer
A. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Contract Documents. The Contractor shall promptly comply with instructions from the Engineer.

B. The decision of the Engineer is final and binding on all questions relating to:

1. quantities;

2. acceptability of material, equipment, or work;

3. execution, progress or sequence of work;

4. interpretation of the Plans, Specifications, or other Contract Documents; and

5. Any other areas specifically identified in the Contract Documents or under the law.

C. Compliance with instructions from the Engineer shall be a condition precedent to any payment under the Contract, unless otherwise ordered by the Board.

2.12 Mobilization
A. When a Bid item is included in the Bid Schedule for mobilization, the costs of Work in advance of construction operations and not directly attributable to any specific bid Packet Page. 1971
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item will be included in the progress estimate. When no bid item is provided for mobilization payment for such costs will be deemed to be included in the other items of the Work.

B. Payment for mobilization based on the lump sum provided in the Bid Schedule, shall constitute full compensation for all such Work. No payment for mobilization will be made until all of the listed items have been completed to the satisfaction of the Engineer. The scope of the Work included under mobilization shall include, but shall not be limited to, the following principal items:

1. Obtaining and paying for all bonds, insurance, and permits.

2. Moving on to the Project Site of all Contractor’s plant and equipment required for the first month’s operations.

3. Installing temporary construction power, wiring, and lighting facilities, as applicable.

4. Establishing fire protection system, as applicable.

5. Developing and installing a construction water supply, as applicable.

6. Providing and maintaining the field office trailers for the Contractor, if necessary, and the Engineer (if specified), complete, with all specified furnishings and utility services.

7. Providing on-site sanitary facilities and potable water facilities as specified per CalOSHA and these Contract Documents.

8. Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer’s specified storage requirements, and the specific provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security.

9. Arranging for and erection of Contractor’s work and storage yard.

10. Posting all OSHA required notices and establishment of safety programs per CalOSHA.

11. Full-time presence of Contractor’s superintendent at the job Site as required herein.

12. Submittal of construction schedule as required by the Contract Documents.

Packet Page. 1972
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ARTICLE 3 -CONTRACT DOCUMENTS; INTENT

3.1 Examination of Drawings, Specifications, and Site of Work A. Examination of Contract Documents; Site. Before commencing any portion of the Work, Contractor shall again carefully examine all applicable Contract Documents, the Project Site, and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguity, conflict, or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any Subcontractor proceed with Work if uncertain as to the applicable requirements.

B. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict, or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work.

C. Quality of Parts, Construction and Finish. All parts of the Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish.

D. Contractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all Applicable Laws, the Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s expense.

3.2 Intent of Contract Documents
A. The Contract Documents are complementary; what is required by any one will be binding as if required by all. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to the City.

B. The Contractor shall furnish, unless otherwise provided in the Contract Documents, all materials, implements, machinery, equipment, tools, supplies and labor necessary to the prosecution and completion of the Project.

C. Clarifications and interpretations of the Contract Documents shall be issued by the Engineer as provided in these General Conditions.

D. If utilities to equipment/fixtures are not shown but are necessary to operate the equipment/fixtures, the utilities service installation is considered to be part of the Packet Page. 1973
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Work. The implied Work will conform to the appropriate sections of the Contract Documents.

E. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing Work among Subcontractors or in establishing the extent of Work to be performed by any trade.

3.3 Reference Standards.

A. Standards, Specifications, Codes, Laws, and Regulations.

1. Reference to federal specifications, federal standards, other standards, specifications, manuals, or codes of any technical society, organization, or association, or to Applicable Laws, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Applicable Laws in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.

2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of the City, Contractor, or any of their Subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to the City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents.

3.4 Reporting and Resolving Discrepancies; Order of Precedence.

A. Reporting Discrepancies.

1. The Contract Documents are intended to be fully cooperative and complementary.

Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to the City any conflict, error, ambiguity, or discrepancy which Contractor discovers, should have discovered, or has actual knowledge of, and shall obtain a written interpretation or clarification from the City before proceeding with any Work affected thereby. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (i) any Applicable Law, (ii) any standard, specification, manual, or code, or (iii) any instruction of any Supplier, then Contractor shall promptly submit a written Request for Information (RFI) to the City.

Contractor shall not proceed with the Work affected thereby (except in an emergency) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in the Contract Documents, and any Work performed by Contractor before receipt of an amendment or supplement shall be at Contractor’s own risk.

Packet Page. 1974
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B. Order of Precedence.

1. In case of conflicts between the Contract Documents, the order of precedence shall be as follows:
a. Permits from other agencies as may be required by law b. Change Orders, most recent first
c. Contract
d. Addenda, most recent first
e. Special Conditions
f. Specifications
g. Construction Plans and Drawings(Contract Drawings)
h. General Conditions
i. Instructions to Bidders
j. Notice Inviting Bids
k. Contractor’s Bid (Bid Forms)
l. Standard Specifications for Public Works Construction “Greenbook” latest edition (Sections 1-9 Excluded)
m. Applicable Local Agency Standards and Specifications n. Standard Drawings
o. Reference Documents

2. With reference to the Drawings the order of precedence shall be as follows:
a. Figures govern over scaled dimensions
b. Detail drawings govern over general drawings
c. Addenda/Change Order drawings govern over Drawings
d. Contract Drawings govern over Standard Drawings
e. Contract Drawings govern over Shop Drawings

3. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard, higher quality and most expensive shall always apply.

Packet Page. 1975
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3.5 Amending and Supplementing Contract Documents.

A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof only by Change Order or written amendment to the Contract duly executed by the parties.

B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized at no cost to the City, by one or more of the following ways:

1. The City’s review of a Submittal, Shop Drawing, Sample or substitution request without exception (subject to the provisions of the Contract Documents); or

2. The City’s issuance of a response to an RFI.

C. However, no review or RFI response will reduce or modify the Contractor’s obligation to fully satisfy and comply with the requirements of the Contract Documents.

3.6 Reuse of Documents.

A. Contractor and any Subcontractor or Supplier shall not:

1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer of Record or its consultants, including electronic media editions; or

2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of the City and Engineer of Record and specific written verification or adaptation by Engineer of Record.

B. The prohibitions of this Article will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes.

ARTICLE 4 -INDEMNIFICATION; INSURANCE

4.1 Indemnification
A. To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify and hold harmless the City, its officials, officers, agents, employees, and representatives, and each of them from and against:

1. Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment Packet Page. 1976
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of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers.

2. Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements.

3. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor;

4. Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under Contract. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party.

B. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the counsel of the City choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782.

C. The provisions of this Article shall survive the termination of this Contract howsoever caused, and no payment, partial payment, or acceptance of occupancy in whole or part of the Work shall waive or release any of the provisions of this Article.

4.2 Insurance
The Contractor shall obtain, and at all times during performance of the Work of Contract, maintain all of the insurance described in this Article. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required hereunder. Contractor shall not allow any Subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Article. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause. Contractor shall Packet Page. 1977
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furnish the City with original certificates of insurance and endorsements effective coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms acceptable to the City. All certificates and endorsements must be received and approved by the City before Work commences.

A. Additional Insureds; Waiver of Subrogation. The City, its officials, officers, employees, agents and authorized volunteers shall be named as Additional Insureds on Contractor’s All Risk policy and on Contractor’s and its subcontractors’ policies of Commercial General Liability and Automobile Liability insurance using, for Contractor’s policy/ies of Commercial General Liability insurance, ISO CG forms 20 10 and 20 37 (or endorsements providing the exact same coverage, including completed operations), and, for subcontractors’ policies of Commercial General Liability insurance, ISO CG form 20 38 (or endorsements providing the exact same coverage). Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, all available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as Additional Insureds hereunder. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against the City, its officers, officials, agents, employees or volunteers or shall specifically allow Contractor - or others providing insurance evidence in compliance with these specifications - to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to the City prior to commencement of work.

B. Workers’ Compensation Insurance. The Contractor shall provide workers’ compensation insurance for all of the employees engaged in Work under this Contract, on or at the Site, and, in case of any sublet Work, the Contractor shall require the subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in work under this Contract, on or at the Site, is not protected under the Workers’ Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accordance with the provisions of section 3700 of the Labor Code.

The Contractor shall file with the City certificates of his insurance protecting workers.

Company or companies providing insurance coverage shall be acceptable to the City, if in the form and coverage as set forth in the Contract Documents.

C. Employer’s Liability Insurance. Contractor shall provide Employer’s Liability Insurance, including Occupational Disease, in the amount of at least one million dollars ($1,000,000.00) per person per accident. Contractor shall provide the City with a certificate of Employer’s Liability Insurance. Such insurance shall comply with the provisions of the Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of the City.

Packet Page. 1978
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D. Commercial General Liability Insurance. Contractor shall provide “occurrence” form Commercial General Liability insurance coverage at least as broad as the most current ISO CGL Form 00 01, including but not limited to, premises liability, contractual liability, products/completed operations, personal and advertising injury which may arise from or out of Contractor’s operations, use, and management of the Site, or the performance of its obligations hereunder. The policy shall not contain any exclusion contrary to this Contract including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 39); or (2) cross-liability for claims or suits against one insured against another. Policy limits shall not be less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be paid in addition to the limits.

1. Such policy shall comply with all the requirements of this Article. 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 Contractor from liability in excess of such coverage, nor shall it limit Contractor’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 Contract Documents or law.

2. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents.

3. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions relating to liability for injury to or death of persons and damage to property.

4. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the City may require additional coverage to be purchased by Contractor to restore the required limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents.

5. All policies of general liability insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

E. Automobile Liability Insurance. Contractor shall provide Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least, Packet Page. 1979
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one million dollars ($1,000,000) per accident for bodily injury and property damage.

Such insurance shall provide coverage with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible, in a form and with insurance companies acceptable to the City. All policies of automobile insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

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

G. Aviation and/or Drone Liability. If Contractor shall utilize drones as part of the Work, Contractor shall provide Aviation and/or Drone Liability Insurance, in a form and with insurance companies acceptable to City, in the amount of, at least, one million dollars ($1,000,000) per occurrence limit. Such insurance shall provide coverage for bodily injury and property damage.

H. Builder’s Risk [“All Risk”]

1. It is the Contractor’s responsibility to maintain or cause to be maintained Builder’s Risk [“All Risk”] extended coverage insurance on all work, material, equipment, appliances, tools, and structures that are or will become part of the Work and subject to loss or damage by fire, and vandalism and malicious mischief, in an amount to cover 100% of the replacement cost. The City accepts no responsibility for the Work until the Work is formally accepted by the City. The Contractor shall provide a certificate evidencing this coverage before commencing performance of the Work.

2. The named insureds shall be Contractor, all Subcontractors of any tier (excluding those solely responsible for design work), suppliers, and the City, its elected officials, officers, employees, agents and authorized volunteers, as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Work following acceptance by the City.

3. Policy shall be provided for replacement value on an “all risk” basis. There shall be no coinsurance penalty provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) transit coverage, including ocean marine coverage (unless insured by the supplier), with sub-limits sufficient to insure the full replacement value of any key equipment item; and (5) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site. Such insurance shall be on a form acceptable to the City to ensure adequacy and sublimit.

Packet Page. 1980
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4. In addition, the policy shall meet the following requirements:
a. Insurance policies shall be so conditioned as to cover the performance of any extra work performed under the Contract.
b. Coverage shall include all materials stored on site and in transit. c. Coverage shall include Contractor’s tools and equipment. d. Insurance shall include boiler, machinery and material hoist coverage.

I. NOT USED.

J. Contractor shall require all tiers of Subcontractors working under this Contract to provide the insurance required under this Article unless otherwise agreed to in writing by the City. Contractor shall make certain that any and all Subcontractors hired by Contractor are insured in accordance with this Contract. If any Subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the City as a result thereof.

K. Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, if Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

L. Form and Proof of Carriage of Insurance

1. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the City’s Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A:VII. Insurance deductibles or selfinsured retentions must be declared by the Contractor. At the election of the City the Contractor shall either 1) reduce or eliminate such deductibles or self-insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “follow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.

2. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or cancelled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, officers, agents, employees, and volunteers.

3. The Certificates(s) and policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that it shall provide no less than Packet Page. 1981
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thirty (30) days written notice be given to the City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the City may terminate the Contract or stop the Work in accordance with the Contract Documents, unless the City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Site, or commence operations under this Contract until the City has been furnished original Certificate(s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Article. The original endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf.

4. The Certificate(s) of Insurance, policies and endorsements shall so covenant and shall be construed as primary, and the City’s insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.

5. The City reserves the right to adjust the monetary limits and types of insurance coverages during the term of this Contract including any extension thereof if, in the City’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate.

6. Contractor shall report to the City, in addition to the Contractor’s insurer, any and all insurance claims submitted by the Contractor in connection with the Work under this Contract.

7. Products/completed operations coverage shall extend a minimum of three years after the project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officers, officials, agents employees, and volunteers shall be included as insureds under the policy.

ARTICLE 5 -CONTRACTOR RESPONSIBILITIES; REGULATORY REQUIREMENTS

5.1 Applicable Laws
A. Contractor shall give all notices required by and shall comply with all Applicable Laws applicable to the performance of the Work. Except where otherwise expressly required by Applicable Laws, neither the City nor the City’s Representative shall be responsible for monitoring Contractor’s compliance with any Applicable Laws. If Contractor performs any Work knowing or having reason to know that it is contrary to Applicable Laws, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, Packet Page. 1982
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and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work.

5.2 Permits and Licenses
A. Permits and licenses necessary for prosecution of the Work shall be secured and paid for by Contractor, including, but not limited to, excavation permit, for plumbing, mechanical and electrical work and for operations in or over public streets or right of way under jurisdiction of public agencies other than the City, unless otherwise specified in the Contract Documents.

B. The Contractor shall arrange and pay for all off-site inspection of the Work related to permits and licenses, including certification, required by the specifications, drawings, or by governing authorities, except for such off-site inspections delineated as the City’s responsibility pursuant to the Contract Documents.

C. Before acceptance of the Work, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the City.

5.3 Taxes
A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid in accordance with the Applicable Laws of the place of the Project which are applicable during the performance of the Work. In accordance with Revenue and Taxation Code section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible.

5.4 Traffic Control
A. Traffic control plans, if required, shall be prepared at Contractor’s expense. Traffic control shall be performed at Contractor’s expense in accordance with the requirements of the City and/or the local agency with jurisdiction. Costs for traffic control plans, implementation of traffic control, or traffic signal services required by the City shall be included in the Contractor’s Bid.

B. All warning signs and safety devices used by the Contractor to perform the Work shall conform to the requirements contained in the State of California, Department of Transportation’s current edition of “Manual of Traffic Controls for Construction and Maintenance Work Zones” or to the requirements of the local agency. The Contractor shall also be responsible for all traffic control required by the agency having jurisdiction over the Project on the intersecting streets. Contractor must submit a traffic control plan to the agency having jurisdiction over the Project for approval prior to starting Work.

C. The Contractor’s representative on the site responsible for traffic control shall produce evidence that he/she has completed training acceptable to the California Department of Transportation for safety through construction zones. All of the streets in which the Work will occur shall remain open to traffic and one lane of traffic maintained at all times unless otherwise directed by the agency of jurisdiction.

Businesses and residences adjacent to the Work shall be notified forty-eight (48) Packet Page. 1983
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hours in advance of closing of driveways. The Contractor shall make every effort to minimize the amount of public parking temporarily eliminated due to construction in areas fronting businesses. No stockpiles of pipe or other material will be allowed in traveled right-of-ways after working hours unless otherwise approved by the Engineer.

5.5 Safety
A. Contractor shall be solely responsible for all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety laws. Contractor shall comply with all Applicable Laws relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property.

B. The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. The Contractor shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512. The Contractor shall submit an Illness and Injury Prevention Program and a Project Site specific safety program to the City prior to beginning Work. Contractor shall maintain a confined space program that meets or exceeds the City’s standards. Contractor needs to make themselves aware of the City’s safety policies and procedures, and shall meet or exceed all City standards in areas where the City must enter to perform inspections.

C. Hazard Communication Programs. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Applicable Laws.

5.6 Hazardous Materials
A. The City shall not be responsible for any Hazardous Waste brought to the site by the Contractor. If the Contractor: (i) introduces and/or discharges a Hazardous Waste onto the site in a manner not specified by the Contract Documents; and/or (ii) disturbs a Hazardous Material identified in the Contract Documents, the Contractor shall hire a qualified remediation contractor at Contractor’s sole cost to eliminate the condition as soon as possible. Under no circumstance shall the Contractor perform Work for which it is not qualified. The City, in its sole discretion, may require the Contractor to retain at Contractor’s cost an independent testing laboratory.

B. If the Contractor encounters a Hazardous Waste which may cause foreseeable injury or damage, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such material or substance (except in Packet Page. 1984
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an emergency situation); and (iii) notify the City (and promptly thereafter confirm such notice in writing).

C. Subject to Contractor’s compliance with this Article 5.6(B), the City shall verify the presence or absence of the Hazardous Waste reported by the Contractor, except as qualified under Article 5.6(A) and Article 5.6(B) in the event such material or substance is found to be present, verify that the levels of the hazardous material are below OSHA Permissible Exposure Levels and below levels which would classify the material as a state of California or federal hazardous waste. When the material falls below such levels, Work in the affected area shall resume upon direction by the City.

D. Contractor shall indemnify and hold harmless the City from and against claims, damages, losses and expenses, arising from a Hazardous Waste on the Project Site, if such Hazardous Waste exceeded OSHA Permissible Exposure Levels or levels which would classify the material as a state of California or federal hazardous waste, and was either i) shown on the Contract Documents or information available to bidders; or (ii) brought to the site by Contractor. Nothing in this paragraph shall obligate the Contractor to indemnify the City in the event of the sole or active negligence or willful misconduct of the City, its officers, agents, or employees.

5.7 Sanitary Facilities.

A. Contractor shall provide sanitary temporary toilet buildings and hand washing facilities for the use of all workers. All toilets and hand washing facilities shall comply with local codes and ordinances. Toilets shall be placed inside sealed secondary containment devices installed on a flat, level surface. Accumulated liquids in the secondary containment devices shall be properly removed and legally disposed without spillage onto the ground. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets and hand washing facilities shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by Cal/OSHA regulations. The toilets and hand washing facilities shall be maintained in a sanitary condition at all times. Use of toilet and hand washing facilities in the Work under construction shall not be permitted.

Any other sanitary facilities required by Cal/OSHA shall be the responsibility of the Contractor.

5.8 Dust Control
A. Contractor, at its expense, shall maintain all excavations, embankments, haul roads, permanent access roads, plant sites, waste disposal areas, borrow areas, and all other work areas free from dust. Industry accepted methods of dust control suitable for the area involved, such as sprinkling, chemical treatment, light bituminous treatment or similar methods, will be permitted.

5.9 Air Pollution Control
A. Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements.

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B. Without limiting the foregoing, 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 Air Quality Management District with jurisdiction over the Project and/or California Air Resources Board (CARB). Contractor shall specifically be aware of the application of these limits and requirements to "portable equipment", which definition includes any item of equipment with a fuel-powered engine. Contractor shall indemnify the City against any fines or penalties imposed by the air quality management district, CARB, or any other governmental or regulatory agency for its violations of Applicable Laws as well as those of its subcontractors or others for whom Contractor is responsible under its indemnity obligations provided for in the Contract Documents.

5.10 Water Quality Management and Compliance
A. Storm, surface, ground, nuisance, or other waters may be encountered at various times during construction of the Work. The Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

B. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 13000 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. These include, but are not limited to California State Water Resources Control Board Order Number 2009-0009-DWQ (NPDES Permit No. CAS000002), as amended by Order Numbers 2010-0014-DWQ, 2012-0006-DWQ, and any subsequent amendment to or renewal thereof, State Water Resources Control Board Order No. 2013-0001-DWQ (NPDES Order No. CAS000004), Santa Ana Regional Water Quality Control Board No. R8-2010-0036 (NPDES No. CAS618036), and any amendment or renewal thereof.

C. Contractor shall comply with all conditions of the State Water Resources Control Board (“State Water Board”) National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity (“Construction General Permit”) for all construction activity which results in the disturbance of in excess of one acre of total land area or which is part of a larger common area of development or sale.

Contractor shall comply with the lawful requirements of the City, and any other applicable municipality, drainage district, or other local agency with jurisdiction over the location where the Work is to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

D. Unless otherwise specified in the Special Conditions or other portion of the Contract Documents, the City has not prepared a Storm Water Pollution Prevention Plan (“SWPPP”) or other storm water compliance plan for the Project Site. Contractor shall be responsible for filing the Notice of Intent (“NOI”) and for obtaining coverage Packet Page. 1986
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under the Construction General Permit. This includes filing all necessary documentation including the Permit Registration Documents (“PRDs”) through the Stormwater Multiple Applications and Report Tracking System (“SMARTS”); preparing and implementing a SWPPP for the Work site; implementing all other provisions, and monitoring and reporting requirements required by the Construction General Permit; and providing a Qualified SWPPP Developer (“QSD”) and Qualified SWPPP Practitioner (“QSP”), as necessary for all Work site activities, including but not limited to preparation and submittal of all reports, plans, inspections, and monitoring information in compliance with the Construction General Permit. All submittals shall be coordinated with the City’s Legally Responsible Person and Authorized Signatory as those terms are defined in the Construction General Permit.

Before any NOI, PRD, SWPPP, or other Construction General Permit-related document may be submitted to the State Water Board or implemented on the Project site, it must first be reviewed and approved by the City and/or City’s designee.

Contractor shall include all costs of compliance with specified requirements in the Contract Price.

E. The City retains the right to develop its own documentation for the Project site, including but not limited to the SWPPP, and in the alternative may require Contractor to adopt and implement portions of the City developed SWPPP. The City expressly reserves the right to procure coverage under the Construction General Permit for the Work site if Contractor fails to draft satisfactory PRDs or SWPPP or otherwise fails to proceed in a manner that complies with the requirements of the Construction General Permit. The City additionally reserves the right to hire additional contractors to maintain compliance at the Work site. Whether Contractor has adequately maintained compliance with the Construction General Permit shall be the City’s sole determination. Any costs incurred by the City in procuring coverage under the Construction General Permit, or drafting and/or implementing a SWPPP for the Work site shall be paid by Contractor.

F. Notwithstanding the above, for those Work sites where construction activity results in the disturbance of less than one acre of total land area and/or do not need coverage under the Construction General Permit, the Contractor shall be responsible for preparing and implementing an Erosion and Sediment Control Plan in accordance with State Water Resources Control Board Order No. 2013-0001- DWQ (NPDES Order No. CAS000004) and any amendment to or renewal thereof.

G. Failure to comply with the Construction General Permit, laws, regulations, and ordinances listed in this Article is a violation of federal and state law.

Notwithstanding any other indemnity contained in these Contract Documents, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, fees, costs, expenses, or 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 Permit, laws, regulations, and ordinances listed above, arising out of or in connection with the Work, 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.

H. The City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality Packet Page. 1987
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law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and any relevant enforcement entity.

5.11 Environmental Quality Protection
A. The Contractor shall comply with all requirements of applicable federal, state, and local environmental rules and regulations. Any infractions of said rules and regulations by the Contractor during the term of the Contract, which result in penalties, will be the responsibility of the Contractor. The City operates under a number of environmental permits issued by various agencies. If due to an action, inaction, or negligence by the Contractor, the City becomes subject to noncompliance penalties, the cost of such penalties shall be borne by the Contractor.

B. The Contractor shall exercise care to preserve the natural landscape and vegetation, and shall conduct operations so as to prevent unnecessary destruction, scarring, or defacing of the natural surroundings in the vicinity of the Work.

Movement of crews and equipment within the rights-of-way and over routes provided for access to the Work shall be performed in a manner to prevent damage to property. When no longer required, construction roads shall be restored to original contours. Upon completion of the Work, and following removal of construction facilities and required cleanup, land used for construction purposes and not required for the completed installation shall be scarified and regraded, as required, so that all surfaces are left in a condition that will facilitate natural revegetation, provide for proper drainage, and prevent erosion.

C. If, in the performance of the Work, evidence of the possible occurrence of any Federally listed threatened or endangered plant or animal is discovered, the Contractor shall notify the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to City within two (2) Days. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the endangered plant or animal. If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Any City directed changes to the Work as a result of a siting will be pursuant to the Contract Documents. Any costs or delays incurred by City or the Contractor due to unreasonable or false notification of an endangered plant or animal will be borne by the Contractor.

D. If, in the performance of the Work, Contractor should unearth cultural resources (for example, human remains, animal bones, stone tools, artifacts and/or midden deposits) through excavation, grading, watering or other means, the Contractor shall notify the construction/archeological monitor and/or the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to the construction/archeological monitor and/or City within two (2) Days. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the cultural resource. If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or re-sequence and/or alter its performance to Packet Page. 1988
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ensure full compliance with all applicable permits, laws and regulations. Should the presence of cultural resources be confirmed, the Contractor will assist the City Representative and the construction/archeological monitor in the preparation and implementation of a data recovery plan. The Contractor shall provide such cooperation and assistance as may be necessary to preserve the cultural resources for removal or other disposition. Any City directed changes to the Work as a result of the cultural resource will be pursuant to the Contract Documents. Should Contractor, without permission, injure, destroy, excavate, appropriate, or remove any cultural resource on or adjacent to the Site, it will be subject to disciplinary action, arrest and penalty under applicable law. The Contractor shall be principally responsible for all costs of mitigation and/or restoration of cultural resources related to the unauthorized actions identified above. Contractor shall be required to pay for unauthorized damage and mitigation costs to cultural resources (historical and archeological resources) as a result of unauthorized activities that damage cultural resources and shall indemnify City pursuant to the Contract Documents.

5.12 Excessive Noise
A. Contractor shall use only such equipment on the Work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by Cal/OSHA. Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents, including hours of operation requirements.

B. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor.

5.13 Diversion of Recyclable Waste Material
A. In compliance with the applicable City’s waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers as required for compliance with the local jurisdiction’s waste diversion ordinances. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by the City or other applicable agencies to document Contractor’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor.

5.14 Inspector’s Field Office.

A. If required by the City, the Contractor shall be responsible for providing the inspector’s field office. The office shall be a substantial waterproof construction with adequate natural light and ventilation by means of stock design windows. Door shall have a key type lock or padlock clasp. The office shall have heating and air Packet Page. 1989
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conditioning and shall be equipped with a telephone, a telephone answering machine, an ability to connect to the internet, and a fax machine at Contractor’s expense. The field office shall be provided within 20 Days of the Notice to Proceed.

B. A table satisfactory for the study of plans and two chairs shall be provided by Contractor. Contractor shall provide and pay for adequate electric lights, local telephone service, and adequate heat and air conditioning for the field office until authorized removal.

5.15 Contractor’s Supervision.

A. Contractor shall continuously keep at the Project site, a competent and experienced full-time Project superintendent acceptable to the City. Superintendent must be able to proficiently speak, read and write in English and shall have the authority to make decisions on behalf of the Contractor. Contractor shall continuously provide efficient supervision of the Project.

5.16 Workers.

A. Contractor shall at all times enforce strict discipline and good order among its employees. Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her.

B. Any person in the employ of the Contractor whom the City may deem incompetent or unfit shall be dismissed from the Work and shall not be employed on this Project.

5.17 Independent Contractors.

A. Contractor shall be an independent contractor for the City and not an employee.

Contractor understands and agrees that it and all of its employees shall not be considered officers, employees, or agents of the City and are not entitled to benefits of any kind normally provided employees of the City, including but not limited to, state unemployment compensation or workers’ compensation. Contractor assumes full responsibility for the acts and omissions of its employees or agents related to the Work.

5.18 Verification of Employment Eligibility.

A. By executing the Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors, sub-subcontractors and consultants to comply with the same. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor and that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of the Contractor or its Subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in this Article; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements.

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5.19 Labor.

A. Hours of Work

1. As provided in Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code, Contractor stipulates that eight (8) hours of labor shall constitute a legal day’s work. The time of service of any worker employed at any time by the Contractor or by any subcontractor on any subcontract under this Contract upon the Work or upon any part of the Work contemplated by this Contract is limited and restricted to eight (8) hours during any one calendar day and 40 hours during any one calendar week, except as hereinafter provided.

Notwithstanding the provisions herein above set forth, work performed by employees of Contractor in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon this public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and onehalf times the basic rate of pay.

2. The Contractor and every Subcontractor shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed in connection with the Work or any part of the Work contemplated by this Contract. The record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Law Enforcement, Department of Industrial Relations of the State of California.

3. The Contractor shall pay to the City a penalty of twenty-five dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.

4. Any work necessary to be performed after regular working hours, or on Saturdays and Sundays or other holidays, shall be performed without additional expense to the City.

5. If Contractor gives notice of an inspection pursuant to the Contract Documents, the City will provide inspection during normal working hours from 7:00 a.m. to 3:30 p.m. Monday through Friday. Requested inspections before or after this time will be charged to the Contractor as reimbursable inspection time. Inspections on weekends requires two (2) Days’ notice for review and approval. Upon written request and approval the 8.5 hour working day may be changed to other limits subject to city/county ordinance.

6. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following at the Project Site, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no Work allowed on City-observed Holidays, unless otherwise approved by the City:
a. Powered Vehicles
b. Construction Equipment
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c. Loading and Unloading Vehicles
d. Domestic Power Tools
B. Payroll Records; Labor Compliance

1. Pursuant to Labor Code section 1776, Contractor and all subcontractors shall maintain weekly certified payroll records, showing the names, addresses, Social Security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by them in connection with the Work under this Contract. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require Subcontractor(s) to certify weekly payroll records under penalty of perjury.

2. In accordance with Labor Code section 1771.4, the Contractor and each Subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on the specified interval and format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement. 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. Any stop orders issued by the DIR against Contractor or any Subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any Subcontractor.

4. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the City. The Contractor shall also provide the following:
a. A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
b. A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the DIR.

5. Unless submitted electronically, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE.

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6. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the Contract or performing the Contract shall not be marked or obliterated.

7. In the event of noncompliance with the requirements of this Article, the Contractor shall have ten (10) Days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this Article. Should noncompliance still be evident after such 10-day period, the Contractor shall pay a penalty of one hundred dollars ($100.00) to the City for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payment then due.

8. The responsibility for compliance with this Article shall rest upon the Contractor.

C. Prevailing Rates of Wages

1. The Contractor is aware of the requirements of 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. Since this Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Contract from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov. In the alternative, the Contractor may view a copy of the prevailing rate of per diem wages which are on file at the City’s Administration Office and shall be made available to interested parties upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.

2. The Contractor shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), pursuant to Labor Code section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under the Contract by it or by any Subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which Packet Page. 1993
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each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.

3. Contractor shall post, at appropriate conspicuous points on the Project Site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.

D. Public Works Contractor Registration

1. Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its Subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR.

Contractor shall maintain a current registration for the duration of the Project.

Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all Subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

E. Employment of Apprentices

1. Contractor and all Subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices.

2. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

3. Knowing violations of Labor Code section 1777.5 will result in forfeiture not to exceed one hundred dollars ($100.00) for each calendar day of non-compliance pursuant to Labor Code section 1777.7.

F. Nondiscrimination/Equal Employment Opportunity

1. Pursuant to Labor Code section 1735 and other applicable provisions of law, the Contractor and its Subcontractors shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law on this Project. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law.

G. Debarment of Contractors and Subcontractors
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1. Contractors or Subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

5.20 Subcontracts.

A. Contractor agrees to bind every Subcontractor to the terms of the Contract Documents as far as such terms are applicable to Subcontractor’s portion of the Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and the City.

B. The City reserves the right to accept all subcontractors. The City’s acceptance of any Subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents.

C. Prior to substituting any Subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq.

5.21 Progress Meetings
A. The Contractor shall schedule and hold regular progress meetings at least weekly and at other times as requested by Engineer or as required by progress of the Work.

The Contractor, City, and all Subcontractors active on the Site shall attend each meeting. Contractor may at its discretion request attendance by representatives of its Suppliers, manufacturers, and other Subcontractors. The City will preside at the progress meetings and will arrange for keeping and distributing the minutes. The purpose of the meetings is to review the progress of the Work, maintain coordination of efforts, discuss changes in scheduling, and resolve other problems which may develop. During each meeting, the Contractor shall present any issues which may impact its progress with a view to resolve these issues expeditiously.

5.22 Submittals
A. Schedule of Submittals. Within five (5) Days after the Notice to Proceed (unless otherwise specified in the Contract Documents), Contractor will prepare and deliver a Schedule of Submittals to the City that has been fully integrated with the progress schedule and identifies each Submittal required by the Contract Documents as well as the date on which Contractor will deliver each Submittal to the City. Each Submittal must be delivered to the City at least thirty (30) Days prior to the date the Packet Page. 1995
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material or equipment is scheduled to be incorporated into the Work. The Contractor is responsible for any schedule delays resulting from the Submittal process.

B. Submittal Procedures.

1. Contractor will follow the following procedures for each Submittal, Shop Drawing and Sample required by the Contract Documents:
a. Submittals must be transmitted electronically.
b. Transmittals will be sequentially numbered. Contractor to mark revised Submittals with original number and sequential alphabetic suffix. c. Each Submittal will identify the Project, Contractor, Subcontractor and Supplier, pertinent Drawing and detail number, and Specification Section number appropriate to Submittal.
d. By transmitting a Submittal, Contractor certifies it has reviewed and approved each Submittal, verified products required, field dimensions, adjacent construction Work, and that coordination of information is according to requirements of the Work and Contract Documents.
e. Identify variations in Contract Documents and product or system limitations that may differ and/or be detrimental to successful performance of completed Work.
f. When Submittal is revised for resubmission, Contractor shall promptly address the City’s comments and resubmit. Contractor shall identify changes made since previous submission.
g. The City’s review of Shop Drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called the City’s attention to such deviations at time of submission and the City has taken no exception to the deviation. The City’s review of Shop Drawings shall not relieve Contractor from responsibility for errors in Shop Drawings.
h. Submittals not required by the Contract Documents or requested by the City will not be acknowledged or processed.
i. Incomplete Submittals will not be reviewed by the City. Delays resulting from incomplete Submittals are not the responsibility of the City. j. Contractor shall not be entitled to any extension of the Contract Times as a result of the Submittal process.
k. Contractor shall allow a minimum of 20 working days for review of Submittals unless otherwise specified in the Contract Documents.

2. Where a Submittal, Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to the Packet Page. 1996
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City review and approval of the pertinent submittal will be performed at the sole risk and expense and responsibility of Contractor.

C. Schedule Milestone for Submittals. Contractor must submit all Submittals required by the Contract Documents in accordance with the Schedule of Submittals. If Contractor fails to submit the Submittals in accordance with the Schedule of Submittals, Contractor will be solely liable for any delays or impacts caused by the delayed Submittal, whether direct or indirect. Contractor will be liable for the time calculated from the date the Submittal is due until the date a compliant Submittal is made. A compliant Submittal will be one that is complete and satisfies the requirements of the Contract Documents.

5.23 Shop Drawings and Sample Submittal Procedures.

A. Before submitting each Shop Drawing or Sample, Contractor shall have:

1. Reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents;

2. Determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto;

3. Determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and

4. Determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto.

B. With each Submittal, Contractor shall give the City specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample Submittal and, in addition, a specific notation made on each Shop Drawing or Sample submitted to the City for review and approval of each such variation.

C. Shop Drawings.

1. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show the City the services, materials, and equipment Contractor proposes to provide and to enable the City to review the information for assessing conformance with information given and design concept expressed in Contract Documents.

2. When required by individual Specification sections, provide Shop Drawings signed and sealed by a professional engineer responsible for designing components shown on Shop Drawings. Shop Drawings must include signed and sealed Packet Page. 1997
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calculations to support design in a form suitable for submission to and approval by authorities having jurisdiction.

3. Shop Drawings for steel structures shall consist of shop details, erection and other working Drawings showing details, dimensions, sizes of members and other information necessary for the complete fabrication and erection of the metal work.

4. Shop Drawings of concrete structures shall consist of such detailed drawings as may reasonably be required for the successful prosecution of the Work and which are not included in the Drawings furnished by the Engineer. These may include drawings for false work, bracing, centering and form work, masonry layout diagrams, and diagrams for bent reinforcement.

5. Contractor shall make revisions and provide additional information when required by authorities having jurisdiction.

D. Samples. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as required to enable the City to review the submittal for assessing conformance with information given and design concept expressed in Contract Documents. Samples should be of appropriate size and detail to assess functional, aesthetic, color, texture, patterns and finish selection.

E. City’s Review.

1. The City will review Shop Drawings and Samples in accordance with the Schedule of Submittals. The City’s review and acceptance will be only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.

2. The City review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.

3. The City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless the City has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample.

F. Resubmittal Procedures. Contractor shall make corrections required by the City and shall return corrected Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by the City on previous Submittals.

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5.24 Record (“As-Built”) Drawings.

A. The Contractor shall maintain one record set of Contract Documents at the Site or digitally in an acceptable format. On these, it shall mark all Project conditions, locations, configurations, and any other changes or deviations which may vary from the information represented in the original Contract Documents, including buried or concealed construction and utility features which are revealed during the course of construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated, or which were not indicated on the Drawings. For all Projects involving the installation of any pipeline, Contractor shall survey and record the top of the pipe at a minimum of every 100 linear feet, and at each bend, recording both the horizontal and vertical locations. Said Drawings shall be supplemented by any detailed sketches as necessary or directed to fully indicate the Work as actually constructed. Any required as-built drawings of civil engineering elements of the Work shall be prepared by a registered civil engineer.

B. These master Record Drawings of the as-built conditions, including all revisions made necessary by Addenda and Change Orders, shall be maintained up-to-date during the progress of the Project. Red ink shall be used for alterations and notes.

Notes shall identify relevant Change Orders by number and date. Record Drawings shall be accessible to the Engineer at all times during the construction period.

Failure on the Contractor’s part to keep Record Drawings current could result in withholding partial payment.

C. Upon completion of the Project and as a condition of final acceptance, the Contractor shall finalize and deliver a complete set of Record Drawings to the Engineers. The information submitted by the Contractor will be assumed to be correct, and the Contractor shall be responsible for, and liable to the City, for the accuracy of such information, and for any errors or omissions which may or may not appear on the Record Drawings.

D. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete the Record Drawings shall be included in Contractor’s bid and distributed in the Bid Schedule. No additional compensation shall be made to the Contractor for this Work.

5.25 Layout and Field Engineering.

A. The Contractor shall utilize a properly licensed surveyor to perform all layout surveys required for the control and completion of the Work, and all necessary surveys to compute quantities of Work performed.

5.26 Separate Contracts and Cooperation.

A. Separate Contracts. The City reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already Packet Page. 1999
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in place and shall at once report to the Engineer any problems with the Work in place or discrepancies with the Contract Documents.

B. Cooperation. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the City in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project.

Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer shall decide which Contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. The City shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project Site.

5.27 Work Site.

A. Limitation of Use of Site and Other Areas. Rights-of-way, easements, or rights-ofentry for the Work will be provided by the City. Unless otherwise specified in the Special Provisions, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the City harmless from all claims for damages caused by such actions. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Applicable Laws, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to City or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work.

B. Site Maintenance. During the progress of the Work, Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to Applicable Laws. The Contractor shall furnish trash bins for all debris from construction. All debris shall be placed in trash bins daily. Forms and false-work that are to be re-used shall be stacked neatly concurrently with their removal. Forms and false-work that are not to be re-used shall be disposed of concurrently with their removal.

C. Cleaning. Prior to Completion of the Work, Contractor shall clean the Site and make it ready for utilization by the City. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents.

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5.28 Utility Usage.

A. All temporary utilities, including but not limited to electricity, water, gas, and telephone, used on the Work shall be furnished and paid for by Contractor.

Contractor shall provide necessary temporary distribution systems, including meters, if necessary, from distribution points to points on the Work where the utility is needed. Upon completion of the Work, Contractor shall remove all temporary distribution systems. Contractor shall provide necessary and adequate utilities and pay all costs for water, electricity, gas, oil, and sewer charges required for completion of the Work, including but not limited to startup and testing required in the Contract Documents. All permanent meters installed shall be listed in the Contractor’s name until the Work is accepted. For Work to be performed in existing City facilities, Contractor may use the City’s existing utilities, provided such use is reasonable under the circumstances. If Contractor uses the City utilities, it will not need to compensate the City for reasonably consumption of utilities, but Contractor will be responsible for any excessive, unreasonable or wasteful utility usage. Amounts due the City under this section may be deducted from progress payments.

5.29 Protection of Work and Property.

A. The Contractor shall digitally record video and take photographs of the Project site and adjacent improvements in a manner and quality that clearly depicts the existing condition of the Project Site and adjacent improvements immediately prior to the start of Work (minimum 1080p video and 4MP photo). All videos and photographs shall be date and time stamped. The Contractor shall submit the video and photos in digital format on a memory stick before the commencement of Work, along with a map outlining the route and locations of the videos and/or photographs. The Contractor shall be responsible for all damages to persons or property that occur as a result of the Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final acceptance by the City. All Work shall be solely at the Contractor’s risk.

B. Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction.

C. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions.

D. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by the Work operations. Contractor shall:

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1. Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public.

2. Provide substantial barricades around any shrubs or trees indicated to be preserved.

3. Deliver materials to the Site over a route designated by the City.

4. Provide any and all dust control required and follow the applicable air quality regulations as appropriate. If the Contractor does not comply immediately with a notice from the City or a public agency responsible for air quality, the City shall have the authority to provide dust control and deduct the cost from payments to the Contractor.

5. Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the City.

Contractor shall not unreasonably encumber the Site with its materials.

6. Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by a civil engineer or land surveyor acceptable to the City, at no cost to the City.

7. Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the City.

8. Preserve and protect from injury all buildings, pole lines and all directional, warning and mileage signs that have been placed within the right-of-way.

9. At the completion of work each day, leave the Work and the Site in a clean, safe condition.

10. Comply with any stage construction and/or traffic handling plans. Access to residences and businesses shall be maintained at all times, except with the City’s written approval. Any request for approval to reduce or restrict access to residences and business must be submitted to the City at least seven (7) Days in advance, and the City may issue or withhold approval in its sole discretion.

E. These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the work involved in the protection and preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefor.

F. Should damage to persons or property occur as a result of the Work, Contractor shall promptly notify the City, in writing. Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired. The City shall be entitled to inspect and copy any such documentation, video, or photographs.

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G. Contractor shall maintain all investigation documentation including video and/or photographs for a minimum of four (4) years following completion of the Project.

5.30 Emergencies.

A. In emergencies affecting the safety or protection of persons or the Work or Property at the Site or adjacent thereto, the Contractor, without special instruction or authorization from the City or the Engineer, is obligated to act to prevent threatened damage, injury or loss. The Contractor shall give the Engineer prompt written notice if the Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby.

ARTICLE 6 -MATERIALS; INSPECTION

6.1 Access to Work.

A. The City, Engineer, their consultants and other representatives and personnel, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs.

6.2 Materials.

A. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities whatsoever necessary to execute and complete this Contract within the Contract Time. Unless otherwise specified, all materials, parts, and equipment furnished by the Contractor in the Work shall be new, the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality.

B. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the Work and agrees upon completion of all work to deliver the Project, to the City free from any claims, liens, or charges.

C. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of the Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work. Materials shall be stored on the Project Site in such manner so as not to interfere with any operations of the City or any independent contractor.

D. Contractor shall verify all measurements, dimensions, elevations, and quantities before ordering any materials or performing any Work, and the City shall not be liable for Contractor’s failure to so. Except for an adjustment to Unit Price Work for item Packet Page. 2003
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overruns and underruns in accordance with the Contract Documents, no additional compensation, over and above payment for the actual quantities at the prices set out in the Bid Schedule, will be allowed because of differences between actual measurements, dimension, elevations and quantities and those indicated on the Plans and in the Specifications. Any difference therein shall be submitted to the Engineer for consideration before proceeding with the Work.

6.3 Test and Inspections.

A. Inspection and Testing of Work and Materials

1. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority requires any part of the Work to be tested or approved, Contractor shall provide the Engineer at least two (2) working days’ notice of its readiness for observation or inspection. If inspection is by a public authority other than the City, Contractor shall promptly inform the City of the date fixed for such inspection.

Required certificates of inspection (or similar) shall be secured by Contractor.

Costs for City testing and inspection shall be paid by the City. Costs of tests for Work found not to be in compliance shall be paid by the Contractor.

2. The Contractor shall pay for the cost of any minimum “show up” costs of a materials testing technician that was called for by the Contractor but ultimately the Contractor work was not ready for the inspection. Any such costs shall be deducted from any amounts due to the Contractor.

3. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor’s cost in compliance with the Contract Documents.

4. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by the City, and not by Contractor.

Unless otherwise stated and as provided by the Contract Documents, the City shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.

5. Reexamination of Work may be ordered by the City. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, the City shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs.

B. Testing of Materials

1. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify the City so that the City may arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into the Work.

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2. If the manufacture of materials to be inspected or tested will occur in a plant or location greater than sixty (60) miles from the City, the Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging.

3. Unless otherwise specified in the Special Provisions, all initial testing and a reasonable amount of retesting will be performed under the direction of the Engineer, and at no expense to the Contractor. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained.

4. A Certificate of Compliance shall be furnished to the Engineer prior to the use of any material or assembled material for which these Specifications so require or if so required by the Engineer. The Engineer may waive the materials testing requirements and accept a Certificate of Compliance. Material test data may be required by the Engineer to be included with the submittal. Materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The submission of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material into the Work which conforms to the requirements of the Contract Documents, and any material not conforming to the requirements will be subject to rejection by the Engineer whether in place or not.

5. Copies of mill certificates of composition and quality of all component materials (reinforcing steel, structural steel, lumber, etc.) incorporated in the construction of the Work shall be provided to the City at the time of delivery. City shall retain the right to reject any raw material not provided with a mill certificate at the time of delivery.

6. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the Work, and shall be removed from the Project Site all at the Contractor’s expense.

6.4 Requests for Substitutions.

A. For the purposes of this provision, the term “substitution” shall mean the substitution of any material, method or service substantially equal to or better in every respect to that indicated in the Standard Specifications or otherwise referenced herein.

B. Pursuant to Public Contract Code section 3400(b), the City may make a finding that is described in the Notice Inviting Bids that designates certain products, things, or services by specific brand or trade name.

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C. Unless specifically designated in the Special Conditions, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such specifications shall be deemed to be used for the purpose of facilitating the description of the material, process, or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process, or article which may be substantially equal to or better in every respect to that so indicated or specified in the Contract Documents. However, the City has adopted uniform standards for certain materials, processes, and articles.

D. The Contractor shall submit substitution requests, together with substantiating data, for substitution of any “or equal” material, process, or article no later than thirty-five (35) calendar days after award of Contract. Provisions regarding submission of substitution requests shall not in any way authorize an extension of time for the performance of this Contract. If a substitution request is rejected by the City, the Contractor shall provide the material, method or service specified herein. The City shall not be responsible for any costs incurred by the Contractor associated with substitution requests. The burden of proof as to the equality of any material, process, or article shall rest with the Contractor. The Engineer has the complete and sole discretion to determine if a material, process, or article is substantially equal to or better than that specified and to approve or reject all substitution requests.

E. Substantiating data as described above shall include, at a minimum, the following information:

1. A signed affidavit from the Contractor stating that the material, process, or article proposed as a substitution is substantially equal to or better than that specified in every way except as may be listed on the affidavit.

2. Illustrations, specifications, catalog cut sheets, and any other relevant data required to prove that the material, process, or article is substantially equal to or better than that specified.

3. A statement of the cost implications of the substitution being requested, indicating whether and why the proposed substitution will reduce or increase the amount of the contract.

4. Information detailing the durability and lifecycle costs of the proposed substitution.

F. Failure to submit all the required substantiating data detailed above in a timely manner so that the substitution request can be adequately reviewed may result in rejection of the substitution request. The Engineer is not obligated to review multiple submittals related the same substitution request resulting from the Contractor’s failure to initially submit a complete package.

G. Time limitations within this Article shall be strictly complied with and in no case will an extension of time for completion of the contract be granted because of Contractor’s failure to provide substitution requests at the time and in the manner described herein.

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H. The Contractor shall bear the costs of all the City work associated with the review of substitution requests.

I. If substitution requests approved by the Engineer require that Contractor furnish materials, methods or services more expensive than that specified, the increased costs shall be borne by Contractor.

ARTICLE 7 -SUBSURFACE AND PHYSICAL CONDITIONS; UTILITIES

7.1 Soils Investigations.

A. When a soils investigation report for the Site is available, such report is provided for informational purposes only. Any information obtained from such report as to subsurface soil condition, or to elevations of existing grades or elevations of underlying rock, is approximate only and is not guaranteed. Contractor acknowledges that any soils investigation report (including any borings) was prepared for purposes of design only and Contractor is required to examine the Site before submitting its Bid and must make whatever tests it deems appropriate to determine the condition of the soil.

7.2 Ownership of Site Materials Found.

A. The title to water, soil, rock, gravel, sand, minerals, timber and any other materials developed or obtained in the excavation or other operations of Contractor or any of its Subcontractors in the performance of the Contract, and the right to use said items in carrying out the Contract, or to dispose of same, is hereby expressly reserved by the City. Neither Contractor nor any of its Subcontractors nor any of their representatives or employees shall have any right, title, or interest in said materials, nor shall they assert or make any claim thereto. Contractor will, as determined by the City’s Representative, be permitted to use in the Work without charge, any such materials which meet the requirements of the Contract Documents, provided the City shall have the right to use or consume these materials without payment to a third party.

7.3 Existence of Utilities at the Work Site.

A. Existing Utilities

1. The location of known existing utilities and pipelines are shown on the Plans in their approximate locations. However, nothing herein shall be deemed to require the City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the project can be inferred from the presence of other visible facilities, such as buildings, cleanouts, meter and junction boxes, on or adjacent to the Site of the Project.

2. The City will assume the responsibility for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Project site if such utilities are not identified by the City in the Contract Documents or which cannot reasonably be inferred from the presence of other visible facilities.

B. Utility Location
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1. It shall be the Contractor’s responsibility to determine the exact location and depth of all utilities, including service connections, which have been marked by the respective utility owners and which the Contractor believes may affect or be affected by the Contractor’s operations. The Contractor shall not be entitled to additional compensation nor time extensions for work necessary to avoid interferences nor for repair to damaged utilities if the Contractor does not expose all such existing utilities as required by this Article.

2. The locating of utilities shall be in conformance with Government Code Section 4216 et seq. except for the City’s utilities located on the City’s property and not on public right-of-way.

3. A “High Priority Subsurface Installation” is defined in Government Code Section 4216 (j) as “high-pressure natural gas pipelines with normal operating pressures greater than 415kPA gauge (60psig) or greater than six inches nominal pipe diameter, petroleum pipelines, pressurized sewage pipelines, high-voltage electric supply lines, conductors, or cables that have a potential to ground of greater than or equal to 60kv, or hazardous materials pipelines that are potentially hazardous to workers or the public if damaged.”

4. A “Subsurface Installation” is defined in Government Code Section 4216 (s) as “any underground pipeline, conduit, duct, wire, or other structure, except nonpressurized sewer lines, nonpressurized storm drains, or other nonpressurized drain lines.”

5. Pursuant to Government Code Section 4216.2 the Contractor shall contact the appropriate regional notification center at least two (2) working days but not more than 14 Days before performing any excavation. The date of the notification shall not count as part of the two-working-day notice. Before notifying the appropriate regional notification center, the Contractor shall delineate the area to be excavated. The Contractor shall request that the utility owners conduct a utility survey and mark or otherwise indicate the location of their service. The Contractor shall furnish to the Engineer written documentation of its contact(s) with the regional notification center prior to commencing excavation at such locations.

6. After the utility survey is completed, the Contractor shall commence “potholing” or hand digging to determine the actual location of the pipe, duct, or conduit and in accordance with Government Code Section 4216.4 if the excavation within the “tolerance zone” of a subsurface installation. The Engineer shall be given notice prior to commencing potholing operations. The Contractor shall uncover all piping and conduits, to a point one (1) foot below the pipe, where crossings, interferences, or connections are shown on the Drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities, which are to remain in service for any period subsequent to the construction of the run of pipe involved.

7. The Contractor's attention is directed to the requirements of Government Code Section 4216.2 (c) which provides: “When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high priority subsurface installation shall notify the excavator of the existence of the high priority subsurface installation to set up an onsite meeting prior to the legal excavation Packet Page. 2008
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start date and time or at a mutually agreed upon time to determine actions or activities required to verify the location and prevent damage to the high priority subsurface installation. As part of the meeting, the excavator shall discuss with the operator the method and tools that will be used during the excavation and the information the operator will provide to assist in verifying the location of the subsurface installation. The excavator shall not begin excavating until after the completion of the onsite meeting.” The Contractor shall notify the Engineer in advance of this meeting.

C. Utility Relocation and Repair

1. If interferences occur at locations other than those indicated in the Contract Documents with reasonable accuracy, the Contractor shall notify the Engineer in writing. The Engineer will supply a method for correcting said interferences in accordance with the responsibilities of this section and Government Code Section 4215. To the extent any delay is caused thereby, Contractor shall submit a notice of delay within five (5) Days of discovery of the circumstances giving rise to the delay in accordance with Article 9.1 Change Orders and Time Extensions.

2. Care shall be exercised by the Contractor to prevent damage to adjacent existing facilities and public or private works; where equipment will pass over these obstructions, suitable planking shall be placed. If high priority subsurface installations are damaged and the operator cannot be contacted, the Contractor shall call 911 emergency services.

3. The City will compensate the Contractor for the costs of locating and repairing damage not due to the failure of the Contractor to exercise reasonable care, and for removing or relocating such main or trunk line utility facilities not indicated in the Contract Documents with reasonable accuracy, and for the cost of equipment on the Project necessarily idled during such work. The payment for such costs will be made as provided in Article 9.1 Change Orders and Time Extensions. The Contractor shall not be assessed liquidated damages for delay in completion of the Project, when such delay is caused by the failure of the City or utility company to provide for removal or relocation of such utility facilities. Requests for extensions of time arising out of utility relocation or repair delays shall be filed in accordance with Article 9.1 Change Orders and Time Extensions and Article 9.3 Time for Completion and Liquidated Damages.

4. The public utility, where it is the owner of the affected utility, shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price. The right is reserved to the City and the owners of utilities or their authorized agents to enter upon the Work area for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties.

The Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such forces and shall allow the respective utilities time to relocate their facility.

5. When the Contract Documents indicate that a utility is to be relocated, altered or constructed by others, the City will conduct all negotiations with the utility company Packet Page. 2009
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and the work will be done at no cost to the Contractor, unless otherwise stipulated in the Contract Documents.

6. Temporary or permanent relocation or alteration of utilities desired by the Contractor for its own convenience shall be the Contractor’s responsibility and it shall make arrangements and bear all costs for such work.

D. Construction at Existing Utilities

1. Where the Work to be performed crosses or otherwise interferes with water, sewer, gas, or oil pipelines; buried cable; or other public or private utilities, the Contractor shall perform construction in such a manner so that no damage will result to either public or private utilities. It shall be the responsibility of the Contractor to determine the actual locations of, and make accommodates to maintain, all utilities.

2. Before any utility is taken out of service, permission shall be obtained by the Contractor from the owner. The owner, any impacted resident or business owner and the City Representative will be advised of the nature and duration of the utility outage as well as the Contractor’s plan for providing temporary utilities if required by the owner. The Contractor shall be liable for all damage which may result from its failure to maintain utilities during the progress of the Work, and the Contractor shall indemnify City as required by the Contract Documents from all claims arising out of or connected with damage to utilities encountered during construction; damages resulting from disruption of service; and injury to persons or damage to property resulting from the negligent, accidental, or intentional breaching of utilities.

3. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this work, shall be included in Contractor’s bid and distributed in the schedule of pay Items. No additional compensation shall be made to the Contractor for this work.

7.4 Trenches
A. Trenches Five Feet or More in Depth.

1. Contractor shall submit to the Engineer at the preconstruction meeting, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from hazards of caving ground during the excavation of any trench or trenches five feet or more in depth. If such plan varies from shoring system standards established by the Construction Safety Orders of the California Code of Regulations, Department of Industrial Relations, the plan shall be prepared by a California registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations. The Contractor shall designate in writing the “competent person” as defined in Title 8, California Code of Regulations, who shall be present at the Work Site each day that trenching/excavation is in progress. The “competent person” shall prepare and provide daily trenching/excavation inspection reports to the Engineer.

Contractor shall also submit a copy of its annual California Occupational Safety and Health Administration (Cal/OSHA) trench/excavation permit.

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B. Excavations Deeper than Four Feet.

1. If the Work involves excavating trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly within three (3) Days, and before the excavation is further disturbed, notify the City in writing of any of the following conditions:
a. Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
b. Subsurface or latent physical conditions at the site differing from those indicated.
c. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

2. The City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, shall issue a Change Order under the procedures described in Article

9.1 Change Orders and Time Extensions.

3. In the event that a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties.

ARTICLE 8 -PROSECUTION OF THE WORK

8.1 Contractor’s Means and Methods.

A. Contractor is solely responsible for the means and methods utilized to perform the Work. In no case shall the Contractor’s means and methods deviate from commonly used industry standards. The Contractor shall also ensure that businesses adjacent to the Work remain operational and that access to them is maintained throughout construction.

8.2 Construction Schedule.

A. General Requirements. The schedule shall be prepared in a Critical Path Method (“CPM”) format and in an electronic scheduling program acceptable to the City and as specified in the Contract Documents. Contractor shall deliver the schedule and all updates to the City in both paper and electronic form. The electronic versions Packet Page. 2011
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shall be in the format and include all data used to prepare the schedule. Copies are not acceptable.

B. Schedule. The receipt or approval of any schedules by the City shall not in any way relieve the Contractor of its obligations under the Contract Documents. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project.

Contractor’s failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Contract Time. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the City.

C. Schedule Contents. The schedule shall allow enough time for inclement weather.

The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non-critical activities. The schedule shall include appropriate time allowances and constraints for submittals, items of interface with Work performed by others, and specified construction, start-up and performance tests. All float shall be owned by the Project. Schedules indicating early or late completion shall not modify or have any effect on the Contract Time, regardless of whether the schedules are reviewed and/or accepted by the City. For purposes of determining Liquidated Damages, the Contract Time shall control and may only be altered by a duly authorized Change Order.

D. Schedule Updates. Contractor shall continuously update its construction schedule.

Contractor shall submit an updated and accurate construction schedule to the City:
(1) prior to the start of construction, if there are any changes to the initial schedule; (2) with each progress payment request; and (3) whenever requested to do so by the City. The City may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule. Upon the City’s request, Contractor shall submit any schedules or updates to the City in the native electronic format of the software used to create the schedule. Contractor shall also submit schedules showing a two-week detailed look-ahead at weekly meetings conducted with the City. The two-week lookahead schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Work within the Contract Time, and it shall clearly state the number of staff to be used on each daily segment of the Work.

E. Acceptance. Acceptance of the schedules by the City will not impose on responsibility for accuracy, for sequencing, scheduling, or progress of the Work, or compliance with the Contract Documents. Acceptance will not interfere with or relieve Contractor from Contractor’s full responsibility therefor.

F. Recovery Schedule.

1. Should any of the following conditions exist, City may require Contractor to prepare, at no extra cost to City, a plan of action and a recovery schedule for Packet Page. 2012
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completing the Work and achieving all contractual milestones within the allotted Contract Time:
a. The Contractor's monthly progress report indicates delays that are, in the opinion of City, of sufficient magnitude that City questions the Contractor's ability to complete the Work;
b. The schedule shows the Contractor to be thirty (30) or more days behind the critical path at any time during construction;
c. The Contractor desires to make changes in the logic or the planned duration of future activities of the schedule which, in the opinion of City, are major in nature.

2. The recovery schedule shall include proposed revisions to the Construction Schedule, demonstrating how Contractor intends to achieve all contractual milestones including Contract completion within the allotted Contract Time. The submittal shall include a narrative describing the actions planned by the Contractor to recover the schedule.

3. Contractor shall submit the Recovery Schedule within seven (7) Days of City’s request. If Contractor asserts that City is responsible for the delay, failure to submit the recovery schedule within seven (7) Days of City’s request, will be considered a concurrent delay event attributable to Contractor, and Contractor shall only be entitled to non-compensable adjustments to Contract Times. If Contractor is responsible for the delay, this provision will not limit or affect Contractor's liability and failure to submit the recovery schedule with seven (7) Days of City’s request may result in City withholding progress payments or other amounts due under the Contract Documents.

4. Contractor is responsible for all costs associated with the preparation and execution of the recovery schedule, including any necessary recovery actions, which may include, but are not limited to, assignment of additional labor, and/or equipment, shift or overtime work, expediting of submittals or deliveries, overlapping of activities or sequencing changes to increase activity concurrence.

Regardless of whether City directs Contractor to prepare a recovery schedule pursuant to this Section, Contractor shall promptly undertake appropriate action at no additional cost to City to recover the schedule whenever the current construction schedule shows that the Contractor will not achieve a milestone and/or complete the Work within the allotted Contract Time.

8.3 Time for Completion and Liquidated Damages
A. Time for Completion. The time for completion set forth in Article 2 of the Contract for Construction shall commence: (1) on the date stated in the Notice to Proceed, or (2) if the Notice to Proceed does not specify a commencement date, then on the date of the Notice to Proceed and shall be completed by Contractor in the time specified in the Contract Documents. The City is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by the City’s receipt or acceptance of the Contractor’s proposed earlier completion date. Any difference in time between the Contractor’s early completion Packet Page. 2013
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and the Contract Time shall be considered a part of the Project float. Contractor shall not be entitled to compensation, and the City will not compensate Contractor, for delays which impact early completion. Contractor shall not, under any circumstances, receive additional compensation from the City (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date.

B. Liquidated Damages. If the Work is not completed within the Contract Time(s), it is understood that the City will suffer damage. In accordance with Government Code section 53069.85 and Public Contract Code section 7102, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each calendar day of delay until the Work is fully completed. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages.

C. Inclement Weather. Contractor shall abide by the Engineer’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule. Contractor shall not be entitled to reverse liquidated damages for time extensions resulting from inclement weather.

D. Extension of Time. Contractor’s entitlement to an extension of the Contract Time is limited to a City-caused extension of the critical path, reduced by the Contractor’s concurrent delays, and established by a proper time impact analysis. Contractor shall not be charged liquidated damages because of any delays in completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its Subcontractors or Suppliers). The City shall ascertain the facts and extent of delay and grant extension of time for completing the Work when, in its judgment, the facts justify such an extension. Contractor shall not be entitled to an adjustment in the Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor.

E. Reverse Liquidated Damages. Consistent with Public Contract Code Section 7102, Contractor will be compensated for damages incurred due to unreasonable delays to the critical path for which the City is responsible. The parties agree that determining Contractor’s exact delay damages are and will continue to be impracticable and extremely difficult. As such, for each calendar day in excess of the time for completion set forth in Article 2 of the Contract for Construction, the City shall pay to the Contractor the sum stipulated in the Contract per day. Such amount shall constitute the only payment allowed for any City-caused delays and shall necessarily include all overhead, all profits, all administrative costs, all bond costs, all labor, materials, equipment and rental costs and any other costs, expenses and fees incurred or sustained as a result of such delays. Contractor shall not be entitled to reverse liquidated damages for any change in the Work in which Contractor is compensated for overhead and profit through a change in Unit Price Work or a Change Order resulting in a lump sum or allowed mark-up for the additional Work.

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The amount of reverse liquidated damages shall be reduced by Contractor’s concurrent delays.

F. Force Majeure. In accordance with subparagraphs “D” and “E” above, the Contractor shall not be charged liquidated damages, and the City shall not be responsible, for any delays resulting from a Force Majeure Event. If a delay to the critical path results from a Force Majeure Event, the Contractor will be entitled to a time extension but will not receive an adjustment to the Contract Price or any other compensation. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays.

G. No Damages for Reasonable Delay. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable City delay shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.

H. Procedure for Time Extensions and Delay Damages. Contractor shall not be entitled to any extension of time or any reverse liquidated damages unless Contractor properly notices the delay and adjustment to compensation and requests a Change Order in accordance with Article 9.1 Change Orders and Time Extensions.

Contractor’s failure to timely and fully comply with the Change Order procedures in the Contract Documents shall constitute a waiver of Contractor’s right to a time extension or reverse liquidated damages.

8.4 Contractor’s Responsibility for Work.

A. Until the acceptance of the Work by the Engineer as evidenced in writing, it shall be under the charge and care of the Contractor. The Contractor shall take every necessary precaution against injury or damage to any part thereof by the action of the elements or from any cause whether arising from the execution or non-execution of the Work. The Contractor shall rebuild, repair, restore and make good at its own expense all injuries or damages to any portion of the Work before its completion and acceptance. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City will pay for repair or restoration to damaged Work in excess of 5% of the total Bid.

8.5 Occupancy.

A. The City reserves the right to occupy or utilize any portion of the Work at any time before completion, and such occupancy or use shall not constitute acceptance of any part of Work covered by this Contract. This use shall not relieve the Contractor of its responsibilities under the Contract.

8.6 Securities for Money Withheld
A. Pursuant to section 22300 of the Public Contract Code of the State of California, Contractor may request the City to make retention payments directly to an escrow agent or may substitute securities for any money withheld by the City to ensure Packet Page. 2015
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performance under the contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent who shall return such securities to Contractor upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code.

8.7 The City’s Right to Suspend/Terminate the Contract
A. Suspension of Work by the City

1. The City may, at its sole option, decide to suspend at any time the performance of all or any portion of the Work by notice in writing to Contractor. Such notice of suspension of Work will designate the amount and type of plant, labor, and equipment to be committed to the Project during the period of suspension.

Contractor shall use its best efforts to utilize its plant, labor, and equipment in such a manner as to minimize costs associated with suspension.

2. Upon receipt of any such notice, Contractor shall, unless the notice requires otherwise:
a. Immediately discontinue Work on the date and to the extent specified in the notice;
b. Place no further orders or subcontracts for material, services, or facilities with respect to suspended Work other than to the extent required in the notice;
c. Promptly make every reasonable effort to obtain suspension upon terms satisfactory to the City’s Representative of all orders, subcontracts, and rental agreements to the extent they relate to performance of Work suspended; and
d. Continue to protect and maintain the Work including those portions on which Work has been suspended.

3. Except as provided by this Article, as full and complete compensation for such suspension, Contractor shall be granted an adjustment in the Contract Price based on a negotiated daily rate that reflects the Contractor’s actual costs associated with the demobilized condition of the Site and an extension of the Contract Times equal to the number of days performance of Work is suspended; provided, however, that no adjustment of Contract Price or extension of Contract Times shall be granted if the suspension results from Contractor's non-compliance with the requirements of the Contract.

B. Termination for Cause by the City:

1. In the sole estimation of the City, if the Contractor refuses or fails to prosecute the Work or any separable part thereof with such diligence as will insure its completion within the time specified by the Contract Documents, or any extension thereof, or fails to complete such Work within such time, or if the Contractor should be Packet Page. 2016
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adjudged a bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or the Contractor or any of its subcontractors should violate any of the provisions of this Contract, the City may serve written notice upon the Contractor and its surety of the City's intention to terminate this Contract. This notice of intent to terminate shall contain the reasons for such intention to terminate this Contract, and a statement to the effect that the Contractor's right to perform this Contract shall cease and terminate upon the expiration of ten (10) Days unless such violations have ceased and arrangements satisfactory to the City have been made for correction of said violations.

2. After expiration of the ten (10) Day period, the City may terminate the Contract by providing a Notice of Termination to the Contractor. The City may take over and complete the Work by any method it may deem appropriate, including enforcement of the Project performance bond. Contractor and its surety shall be liable to the City for any excess costs or other damages incurred by the City to complete the Work. If the City takes over the Work, the City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to the Contractor as may be on the Site.

3. Upon termination, Contractor shall not be entitled to receive any further payment from the City, except for Work which was duly performed prior to the effective date of the Notice of Termination. Contractor shall submit an invoice for final payment within thirty (30) Days of the effective date of the Notice of Termination. The City may withhold from final payment up to 150% of any disputed amounts, including any amounts which may be necessary to repair defective Work, complete unfinished Work, or are otherwise occasioned by Contractor’s failure to perform its duties under the Contract.

C. Termination for Convenience by the City:

1. The City may terminate performance of the Work called for by the Contract Documents in whole or, from time to time, in part, upon ten (10) Days written notice if the City determines that a termination is in the City's interest.

2. The Contractor shall terminate all or any part of the Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of the City, the extent of termination, and the effective date of such termination.

3. After receipt of Notice of Termination, and except as directed by the City's Representative, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this termination for convenience clause, immediately proceed with the following obligations:
a. Stop Work as specified in the Notice.
b. Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents.

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c. Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Document is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety.
d. Terminate all subcontracts to the extent that they relate to the portions of the Work terminated.
e. Place no further subcontracts or orders, except as necessary to complete the continued portion of the Contract.
f. Submit to the City's Representative, within ten (10) Days from the effective date of the Notice of Termination, all of the usual documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the effective date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the contractor is authorized under the Contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 Days after the effective date of the Notice of Termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as “Termination Costs occasioned by the City's Termination for Convenience.” If the City rejects any costs, Contractor shall be deemed to waive the rejected costs unless Contractor files a Claim within thirty (30) Days of the rejection pursuant to Article 9.2.
g. Contractor shall be entitled to receive only the amounts payable under this Article, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. The provisions in this Article are in addition to and not in limitation of any other rights or remedies available to the City.

4. Termination of the Contract shall not relieve surety of its obligation for any just claims arising out of or relating to the Work performed.

5. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of the City or the Contract is terminated.

6. If the City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.

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8.8 Completion and Acceptance of Work
A. Final Inspection. Upon written notice from Contractor that the entire Work is complete, the Engineer will promptly make a final inspection with the City and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

B. Final Acceptance. The acceptance of the Work on behalf of the City will be made by the Engineer. Such acceptance by the City shall not constitute a waiver of defects. After Contractor has, in the opinion of the Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, Record Documents, and other documents required by the Contract Documents, the City shall execute a Notice of Completion, constituting final acceptance and completion of the Project, except as may be expressly noted.

8.9 Warranty and Guaranty of Work.

A. Contractor hereby warrants that materials and Work shall be completed in conformance with the Contract Documents and that the materials and Work provided will fulfill the requirements of this Warranty. Contractor hereby agrees to repair or replace, at the discretion of the City, any or all Work that may prove to be defective in its workmanship, materials furnished, methods of installation or fail to conform to the Contract Document requirements together with any other Work which may be damaged or displaced by such defect(s) within a period of one (1) year (or as otherwise indicated in the Contract Documents or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) from the date of the Notice of Completion of the Project without any expense whatever to the City, ordinary wear and tear and unusual abuse and neglect excepted. Contractor shall be required to promptly repair or replace defective equipment or materials, at Contractor’s option. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor.

B. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected Work. The reinstatement of the one (1) year warranty shall apply only to that portion of work that was corrected. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. In the event of Contractor’s failure to comply with the above-mentioned conditions within ten (10) Days after being notified in writing of required repairs, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder immediately upon demand.

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C. In addition to the warranty set forth in this Article, Contractor shall obtain for the City all warranties that would be given in normal commercial practice and assign to the City any and all manufacturer’s or installer’s warranties for equipment or materials not manufactured by Contractor and provided as part of the Work, to the extent that such third-party warranties are assignable and extend beyond the warranty period set forth in this Article. Contractor shall furnish the City with all warranty and guarantee documents prior to final acceptance of the Project by the City as required.

D. When specifically indicated in the Contract Documents or when directed by the Engineer, the City may furnish materials or products to the Contractor for installation.

In the event any act or failure to act by Contractor shall cause a warranty applicable to any materials or products purchased by the City for installation by the Contractor to be voided or reduced, Contractor shall indemnify the City from and against any cost, expense, or other liability arising therefrom, and shall be responsible to the City for the cost of any repairs, replacement or other costs that would have been covered by the warranty but for such act or failure to act by Contractor.

E. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property.

F. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) Days after being notified commence and perform with due diligence all necessary Work. If the Contractor fails to promptly remedy any defect or damage, the City shall have the right to replace, repair or otherwise remedy the defect, or damage at the Contractor’s expense.

G. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the City may undertake at Contractor’s expense, and without prior notice, all Work necessary to correct such condition.

H. Acceptance of Defective Work.

1. If, instead of requiring correction or removal and replacement of defective Work, the City prefers to accept it, the City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to the City’s evaluation of and determination to accept such defective Work and for the diminished value of the Work. If any acceptance of Defective Work occurs prior to release of the Project retention, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and the City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work and all costs incurred by the City. If the acceptance of defective occurs after release of the Project retention, an appropriate amount will be paid by Contractor to the City.

I. The City May Correct Defective Work
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1. If Contractor fails within a reasonable time after written notice from the City to correct Defective Work, or to remove and replace rejected Work as required by the City, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, the City may, after seven (7) Days written notice to Contractor, correct, or remedy any such deficiency.

2. In connection with such corrective or remedial action, the City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which the City has paid Contractor but which are stored elsewhere. Contractor shall allow the City, and the agents, employees, other contractors, and consultants of each of them, access to the Site to enable the City to exercise the rights and remedies to correct the Defective Work.

3. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by the City correcting the Defective Work will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the City shall be entitled to an appropriate decrease in the Contract Price. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of defective Work.

4. If the Change Order is executed after all payments under the Contract have been paid by the City and the Project Retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to the City. If the Change Order is executed after release of the Project retention, an appropriate amount will be paid by Contractor to the City. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the City correcting Defective Work.

J. Nothing in the warranty or in the Contract Documents shall be construed to limit the rights and remedies available to the City at law or in equity, including, but not limited to, Code of Civil Procedure section 337.15.

ARTICLE 9 -CHANGE ORDERS; DISPUTE RESOLUTION

9.1 Change Orders and Time Extensions
All changes to the Contract, including compensation increases and time extensions, shall be through a written Change Order in accordance with this Article. The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, and Contractor’s compensation and the time for completion shall be adjusted accordingly. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions, and Packet Page. 2021
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provisions of the original Contract. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. No dispute, disagreement, or failure of the parties to reach agreement on the terms of the Change Order shall relieve the Contractor from the obligation to proceed with performance of the Work, including Additional Work, promptly and expeditiously.

Any alterations, extensions of time, Additional Work, or any other changes may be made without securing consent of the Contractor’s surety or sureties.

A. Change in Contract Procedures

1. City Directive. The City may direct changes in the Work by delivering a written directive. To the extent the work directive results in a change to compensation or time, Contractor must timely request a Change Order and comply with all Change Order procedures in accordance with this Article. Notwithstanding issuance of a work directive, Contractor’s failure to timely request a Change Order shall constitute a waiver by Contractor of any adjustment to compensation or time extension for Work performed under the directive. The City shall not be liable to Contractor for Work performed or omitted by Contractor in reliance on verbal orders.

2. Contractor’s Notice of Change/Delay. If Contractor intends to initiate a Change Order Request, then Contractor shall provide the City with written notice of the underlying facts and circumstances that gave rise to the proposed change within the following times:
a. If due to unknown subsurface or latent physical conditions, within three (3) days from the discovery date or prior to the alterations of the conditions, whichever is earlier.
b. If due to a Force Majeure Event, as soon as reasonably practicable under the conditions, which shall be no longer than three (3) days from the date the Contractor discovers that the Force Majeure Event gives rise to a change, unless that the conditions are such that notice within three (3) days is not possible or practicable.
c. If due to any other matter that may involve an adjustment to the Contract Time or the Contract Price, within seven (7) days from the discovery date.

To be considered valid and complete, the notice of change/delay shall include a general statement of the circumstances giving rise to the notice of change/delay and a reasonable order of magnitude estimate of the additional costs and/or time. If the circumstances give rise to both a cost adjustment and time extension, Contractor shall submit the notice of change and notice of delay concurrently.

3. Request for Change in Compensation and/or Extension of Time. Contractor shall submit a Change Order Request for any adjustment to Contractor’s compensation and/or any extension of time. The Change Order Request shall be made prior to incurring any expense and within fourteen (14) Days from either Contractor’s notice of change/delay or the City’s directive ordering the change. The Change Packet Page. 2022
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Order Request shall include all of the following information (unless inapplicable to the change):
a. A detailed description of the circumstances giving rise to the request;
b. A complete itemized cost proposal, including itemized pricing for first tier Subcontractors;
c. Supporting documentation for all costs;
d. A time impact analysis showing the impact of the delay to the critical path to completion;
e. If any added costs or information cannot be determined at the time of the Change Order Request, the reason the costs or information cannot be determined at the time; and
f. Certification to the accuracy of the Change Order Request under penalty of perjury.

The time impact analysis shall be in the critical path method format and shall show the sequencing of all critical and non-critical new activities and/or activity revisions affected by the delay, with logic ties to all affected existing activities noted on the schedule.

The City may demand, and Contractor shall provide, any additional information supporting the Change Order Request, including but not limited to native electronic format version of schedules and time impact analyses. Contractor shall provide the requested additional information within five (5) Days of the request.

For any costs or information that cannot be determined at the time Contractor submits the Change Order Request, Contractor shall submit to the City notice of the costs or information and all supporting documentation within five (5) Days of when the costs or other information become subject to determination.

4. City’s Final Decision on Change Order; Ordered Changes. If the City denies the Change Order Request or disagrees with the proposal submitted by Contractor, it will notify the Contractor, and the City will provide its opinion of the appropriate price and/or time extension. If no agreement can be reached, the City shall have the right to order the Work performed on a time and materials basis or to issue a unilateral Change Order setting forth the City’s determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. The City shall also have the right to order changes in the Work to be performed promptly by the Contractor on a time and materials basis or to issue a unilateral Change Order setting forth the City’s determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. The City’s determination shall become final and binding if the Contractor fails to submit a Claim in writing to the City within fourteen (14) Days of the issuance of the Packet Page. 2023
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unilateral Change Order, disputing the terms of the unilateral Change Order and providing such supporting documentation for its position as the City may reasonably require.

5. Contractor’s Waiver of Further Relief. CONTRACTOR’S FAILURE TO PROVIDE

A COMPLETE AND TIMELY NOTICE OF CHANGE/DELAY AND/OR CHANGE

ORDER REQUEST, OR TO COMPLY WITH ANY OTHER REQUIREMENT OF

THIS ARTICLE, SHALL CONSTITUTE A WAIVER BY CONTRACTOR OF THE

RIGHT TO A CONTRACT ADJUSTMENT ON ACCOUNT OF SUCH

CIRCUMSTANCES AND A WAIVER OF ANY RIGHT TO FURTHER RECOURSE

OR RECOVERY BY REASON OF OR RELATED TO SUCH CHANGE BY

MEANS OF THE CLAIMS DISPUTE RESOLUTION PROCESS OR BY ANY

OTHER LEGAL PROCESS OTHERWISE PROVIDED FOR UNDER
APPLICABLE LAWS.

Contractor recognizes and acknowledges that timely submission of a formal written notice of change/delay and Change Order Request, whether or not the circumstances of the change may be known to the City or available to the City through other means, is not a mere formality but is of crucial importance to the ability of the City to promptly identify, prioritize, evaluate and mitigate the potential effects of changes. Any form of informal notice, whether verbal or written (including, without limitation, statements in requests for information, statements in Submittals, statements at any job meeting or entries on monthly reports, daily logs or job meeting minutes), that does not strictly comply with the formal requirements of this Article, shall accordingly be insufficient.

6. Change Order Format
a. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in compensation or extension of time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order.
b. The City may designate the forms to be used for notices, requests, and Change Orders. If so designated, Contractor may only use such forms. Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the Change Order. No Claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City’s Change Order form in an attempt to reserve additional rights.

B. Determining Adjustments to Compensation.

1. Limitation on Costs. Contractor shall not be entitled to any compensation for Work subject to a Change Order except as expressly set forth in this Article. The markup added in instances of Additional Work shall constitute the entire amount of profit, any mark-ups, any field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such Work.

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2. Unit Price Change Orders. When the actual quantity of a Unit Price Work item varies from the Bid Schedule, compensation for the change in quantity will be calculated by multiplying the actual quantity by the unit price. This calculation may result in either an additive or deductive Change Order. Bid items included on the Bid Schedule may be deducted from the Work in their entirety without any negotiated extra costs. Because Unit Price Work includes overhead and profit as determined by Contractor at the time of its Bid submission, no mark up or deduction for overhead and profit will be allowed.

3. Lump Sum Change Orders. Whenever possible, any changes affecting compensation shall be in a lump sum mutually agreed by the Contractor and the City.

4. Time and Materials Change Orders. The City may direct the Contractor to proceed with the Additional Work with payment to be made on the basis of actual cost of the labor and materials required to complete the Additional Work. If the Project is federally funded, a time and materials Change Order shall only be issued after a determination that no other Change Order is suitable and the Change Order shall include a ceiling price that the Contractor exceeds at its own risk.

5. Federally Funded Projects. For any change in price to the Contract, general and administrative expenses shall be negotiated and must conform to the cost principles set forth under at 2 C.F.R. Part 200, subpart E, and profit shall be negotiated as a separate element of the cost. To establish a fair and reasonable profit, consideration must be given to the complexity of the Additional Work to be performed, the risk borne by the Contractor, the Contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.

6. Allowed Costs. Estimates for lump sum quotations and accounting for time-andmaterial work shall be limited to direct expenditures necessitated specifically by the change and shall be segregated as follows:
a. Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the Additional Work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from federal, state or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the Additional Work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental.
b. Materials. The cost of materials reported shall be at the lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery. Materials costs shall be based upon supplier or manufacturer’s invoice.
c. Tool and Equipment Use. Regardless of ownership, the rates to be used in determining equipment use shall not exceed listed rates prevailing locally at Packet Page. 2025
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equipment rental agencies, or distributors, at the time the work is performed.

The Contractor shall furnish cost data supporting the establishment of the rental rate. The rental rate to be applied for use of each items of equipment shall be the rate resulting in the least total cost to the City for the total period of use. The City shall the make the final determination as to an equitable rental rate for the equipment. No payment will be made for the use of small tools, which have a replacement value of $1,000 or less.
(i) The rental time to be paid for equipment shall be the time the equipment is in productive operation on the Additional Work being performed.

Rental time will not be allowed while equipment is inoperative due to breakdowns.
(ii) All equipment shall, in the opinion of the City, be in good working condition and suitable for the purpose for which the equipment is to be used. Equipment with no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer. (iii) Before construction equipment is used on any Additional Work, the Contractor shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the City, in duplicate, a description of the equipment and its identifying number. (iv) When hourly rates are listed, any part of an hour less than 30 minutes of operation shall be considered to be 1/2-hour of operation, and any part of an hour greater than 30 minutes will be considered one hour of operation. When daily rates are listed, any part of a day less than 4 hours operation shall be considered to be 1/2-day of operation. d. Allowed Mark-up. The allowed mark-up for any and all overhead (including supervision and home and field office costs) and profit on work added to the Contract shall be determined in accordance with the following provisions:
(i) “Net Cost” is defined as the actual costs of labor, materials and tools and equipment only, excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor and Subcontractors at cost only, without mark-up.

Contractor shall provide the City with documentation of the costs, including but not limited to payroll records, invoices, and such other information as the City may reasonably request.
(ii) For Work performed by the Contractor’s forces the allowed mark-up shall not exceed fifteen (15%) percent of labor costs, ten percent (10%) of material costs, and ten percent (10%) of the cost of tools and equipment use.
(iii) For Work performed by a Subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Subcontractor’s Net Cost of the Work to which the Contractor may add up to five percent (5%) of the Subcontractor’s Net Cost.

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(iv) For Work performed by a sub-subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the subsubcontractor’s Net Cost for Work to which the Subcontractor and Contractor may each add up to an additional five percent (5%) of the Net Cost of the lower tier subcontractor.
(v) No additional mark-up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by the City exceed twenty-five percent (25%) of the Net Cost as defined herein, of the party that performs the Work.
(vi) Calculation of the mark-up will be subject to the limitations above and to calculation as further detailed in (b)(B)(5) above.
e. Documentation of Time-and-Material Costs.
(i) T&M Daily Sheets. Contractor must submit timesheets, materials invoices, records of equipment hours, and records of rental equipment hours to the City’s for an approval signature each day that Work is performed on a time-and-material basis. The Engineer’s signature on time sheets only serves as verification that the Work was performed and is not indicative of the City’s agreement to Contractor’s entitlement to the cost.
(ii) T&M Summary Sheet. Contractor shall submit a T&M Summary Sheet, which shall include total actual costs, within five (5) Days following completion of Additional Work on a time-and-material basis.

Contractor’s total actual cost shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and any other costs, along with documentation supporting the costs.

Contractor’s failure to submit the T&M Summary Sheet within five (5) Days of completion of the Additional Work will result in Contractor’s waiver for any reimbursement of any costs associated with the Additional Work.
f. Excluded Costs. The following costs or any other home or field office overhead costs, all of which are to be considered administrative costs covered by the Contractor’s mark-up, shall not be allowed costs and shall not be included in any lump sum proposals or time-and-materials invoices:
(i) Overhead Cost. Payroll costs and other compensation of Contractor’s officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, timekeepers, clerks, and other personnel employed by Contractor whether at the Site or in Contractor’s principal office or any branch office, material yard, or shop for general administration of the Work;
(ii) Office Expenses. Expenses of Contractor’s principal and branch offices;
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(iii) Capital Expenses. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Additional Work and charges against Contractor for delinquent payments;
(iv) Negligence. Costs due to the negligence of Contractor or any Subcontractor or Supplier, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including without limitation the correction of Defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property;
(v) Small Tools. Cost of small tools valued at less than $1,000 and that remain the property of Contractor;
(vi) Administrative Costs. Costs associated with the preparation of Change Orders (whether or not ultimately authorized), cost estimates, or the preparation or filing of Claims;
(vii)Anticipated Lost Profits. Expenses of Contractor associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings, or unpaid retention;
(viii) Home Office Overhead. Costs derived from the computation of a “home office overhead” rate by application of the Eichleay, Allegheny, burden fluctuation, or other similar methods;
(ix) Special Consultants and Attorneys. Costs of special consultants or attorneys, whether or not in the direct employ of Contractor, employed for services specifically related to the resolution of a Claim, dispute, or other matter arising out of or relating to the performance of the Additional Work.
(x) Other. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in the Contract Documents; including but not limited to: submittals, drawings, field drawings, shop drawings, including submissions of drawings; field inspection; general superintendence; computer services; reproduction services; salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; janitorial services; small tools, incidentals and consumables; temporary on-site facilities (offices, telephones, high speed internet access, plumbing, electrical power, lighting; platforms, fencing, water); surveying; estimating; protection of work; handling and disposal fees; final cleanup; other incidental work; related warranties; insurance and bond premiums.
(xi) Compliance with Federal Cost Principles. If the Project is federally funded, any costs that are not allowable, reasonable and allocable to the Project, under generally accepted accounting principles and the applicable federal requirements.

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9.2 Procedure for Resolving Claims.

Contractor shall timely comply with any and all requirement of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, including but not limited to all requirements of Article 9.1, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the time for completion or Contractor’s compensation, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the Contract or at law.

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

This Article shall be construed to be consistent with all applicable law, including but not limited to these statutes.

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

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

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

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

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

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

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

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D. Documentation. The Contractor shall submit all Claims in the following format:

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

2. List of documents relating to Claim:
a. Specifications
b. Drawings
c. Clarifications (Requests for Information)
d. Schedules
e. Other

3. Chronology of events and correspondence

4. Narrative analysis of Claim merit

5. Analysis of Claim cost, including calculations and supporting documents

6. Time impact analysis in the form required by the Contract Documents or, if the Contract Documents do not require a particular format, CPM format, if an adjustment of the Contract Time is requested
E. City’s Response. Upon receipt of a Claim pursuant to this Article, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 Days, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 Days after the City issues its written statement.

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

2. Within 30 Days of receipt of a Claim, the City may request in writing additional documentation supporting the Claim or relating to defenses or Claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the Contractor. The City’s written response to the Claim, as further documented, shall be submitted to the Contractor within 30 Days (if the Claim is Packet Page. 2030
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less than $50,000, within 15 Days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

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

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

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

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

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

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

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

For purposes of those provisions, the running of the period of time within which a Claim must be filed shall be tolled from the time the Contractor submits his or her Packet Page. 2031
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written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference.

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

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

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

J. Government Code Claim Procedures.

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

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

3. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time or Contract Price for Additional Work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If Contractor does not comply with the Government Code claim procedure or the prerequisite contractual requirements, Contractor may not file any action against the City.

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4. A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to Contractor or that should reasonably by known to Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.

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

ARTICLE 10 - MEASUREMENT; PAYMENT

10.1 Cost Breakdown.

A. Lump Sum Work.

1. Contractor shall furnish on forms approved by the City within ten (10) Days of the Notice to Proceed, a schedule of values allocating the entire Contract Price to the various portions of the Work and prepared in such a form and supported by such data to substantiate its accuracy as the Engineer may require. This schedule of values, unless objected to by the Engineer, shall be used as a basis for reviewing the Contractor’s applications for payment. Contractor shall submit the schedule of values prior to submitting its first application for payment, and the City will not issue any payment until it receives and approves the schedule of values.

B. Unit Price Work.

1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work multiplied by the estimated quantity of each item as indicated in the Contract. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and or profit for each separately identified item.

2. Unless otherwise specified, payment will be based on the actual quantities of Work as verified and approved by the Engineer, based on the price per unit as set forth in the Bid.

3. The City or Contractor may initiate a Change Order or Change Order Request to adjust the Contract Price in accordance with Contractor Documents based on actual quantities of Unit Price Work. The City or Contractor may make a claim for an adjustment in the Unit Price in accordance with the Contract Documents if:
a. the quantity of any item of Unit Price Work performed by Contractor differs by twenty-five percent (25%) or more from the estimated quantity of such item indicated in the Contract; and
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b. there is no corresponding adjustment with respect to any other item of Work; and
c. Contractor believes that Contractor is entitled to an increase in unit price as a result of having incurred additional expense or the City believes that the City is entitled to a decrease in unit price and the parties are unable to agree as to the amount of any such increase or decrease.

10.2 Progress Estimates and Payment.

A. By the tenth (10th) Day of the following calendar month, Contractor shall submit to Engineer a payment request which shall set forth in detail the value of the Work done for the period beginning with the date Work was first commenced and ending on the end of the calendar month for which the payment request is prepared. Contractor shall include an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid. Contractor shall include any amount earned for authorized Additional Work. Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project.

B. From the total thus computed, a deduction shall be made in the amount of five percent (5%) for retention, except where the City has adopted a finding that the Work done under the Contract is substantially complex, and then the amount withheld as retention shall be the percentage specified in the Notice Inviting Bids. From the remainder a further deduction may be made in accordance with Section C below.

The amount computed, less the amount withheld for retention and any amounts withheld as set forth below, shall be the amount of the Contractor’s payment request.

C. The City may withhold a sufficient amount or amounts of any payment or payments otherwise due to Contractor, as in its judgment may be necessary to cover:

1. Payments which may be past due and payable for just claims against Contractor or any Subcontractors for labor or materials furnished in and about the performance of work on the Project under this Contract.

2. Defective work not remedied.

3. Failure of Contractor to make proper payments to his Subcontractor or for material or labor.

4. Completion of the Contract if there is a reasonable doubt that the Work can be completed for balance then unpaid.

5. Damage to another contractor or a third party.

6. Amounts which may be due the Count for claims against Contractor.

7. Failure of Contractor to keep the Record Drawings up to date.

8. Failure to provide update on construction schedule as required herein.

9. Site cleanup.

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10. Failure to comply with Contract Documents.

11. Liquidated damages.

12. Legally permitted penalties.

D. The City may apply such withheld amount or amounts to payment of such claims or obligations at its discretion with the exception of subsections (C)(1), (3), and (5) of this Article, which must be retained or applied in accordance with applicable law. In so doing, the City shall be deemed the agent of Contractor and any payment so made by the City shall be considered as a payment made under contract by the City to Contractor and the City shall not be liable to Contractor for such payments made in good faith. Such payments may be made without prior judicial determination of claim or obligations. The City will render Contractor a proper accounting of such funds disbursed on behalf of Contractor.

E. Upon receipt, the Engineer shall review the payment request to determine whether it is undisputed and suitable for payment. If the payment request is determined to be unsuitable for payment, it shall be returned to Contractor as soon as practicable but not later than seven (7) Days after receipt, accompanied by a document setting forth in writing the reasons why the payment request is not proper. The City shall make the progress payment within 30 Days after the receipt of an undisputed and properly submitted payment request from Contractor, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8132. The number of days available to the City to make a payment without incurring interest pursuant to this paragraph shall be reduced by the number of Days by which the Engineer exceeds the seven (7) Day requirement.

F. A payment request shall be considered properly executed if funds are available for payment of the payment request and payment is not delayed due to an audit inquiry by the financial officer of the City.

G. The City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment.

10.3 Final Acceptance and Payment
A. Following the City’s acceptance of the Work, the Contractor shall submit to the City a written statement of the final quantities of unit price items for inclusion in the final payment request. The City shall have the right to adjust any estimate of quantity and to correct any error made in any estimate for payment.

B. When the Work has been accepted there shall be paid to Contractor a sum equal to the Contract Price less any amounts previously paid Contractor and less any amounts withheld by the City from Contractor under the terms of the Contract. The final five percent (5%), or the percentage specified in the Notice Inviting Bids where the City has adopted a finding of substantially complete, shall not become due and payable until as required by Public Contract Code section 7107. If the Contractor has placed securities with the City as described herein, the Contractor shall be paid a sum equal to one hundred percent (100%) of the Contract Price less any amounts due the City under the terms of the Contract.

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C. Unless Contractor advises the City in writing prior to acceptance of the final five percent (5%) or the percentage specified in the Notice Inviting Bids where the City has adopted a finding of completion, or the return of securities held as described herein, said acceptance shall operate as a release to the City of all claims and all liability to Contractor for all things done or furnished in connection with this Work and for every act of negligence of the City and for all other claims relating to or arising out of this Work. If Contractor advises the City in writing prior to acceptance of final payment or return of the securities that there is a dispute regarding the amount due the Contractor, the City may pay the undisputed amount contingent upon the Contractor furnishing a release of all undisputed claims against the City with the disputed claims in stated amounts being specifically excluded by Contractor from the operation of the release. No payments, however, final or otherwise, shall operate to release Contractor or its sureties from the Faithful Performance Bond, Labor and Material Payment Bond, or from any other obligation under this Contract.

D. In case of suspension of the Contract any unpaid balance shall be and become the sole and absolute property of the City to the extent necessary to repay the City any excess in the cost of the Work above the Contract Price.

E. Final payment shall be made no later than 60 Days after the date of acceptance of the Work by the City or the date of occupation, beneficial use and enjoyment of the Work by the City including any operation only for testing, start-up or commissioning accompanied by cessation of labor on the Work, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8136.

In the event of a dispute between the City and the Contractor, the City may withhold from the final payment an amount not to exceed 150% of the disputed amount.

F. Within ten (10) Days from the time that all or any portion of the retention proceeds are received by Contractor, Contractor shall pay each of its Subcontractors from whom retention has been withheld each Subcontractor’s share of the retention received. However, if a retention payment received by Contractor is specifically designated for a particular Subcontractor, payment of the retention shall be made to the designated Subcontractor if the payment is consistent with the terms of the subcontract.

ARTICLE 11 - MISCELLANEOUS

11.1 Patents.

A. Contractor shall hold and save the City, officials, officers, employees, and authorized volunteers harmless from liability of any nature or kind of claim therefrom including costs and expenses for or on account of any patented or unpatented invention, article or appliance manufactured, furnished or used by Contractor in the performance of this Contract.

11.2 Document Retention & Examination
A. In accordance with Government Code section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment.

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B. Contractor shall make available to the City any of the Contractor’s other documents related to the Project immediately upon request of the City.

C. In addition to the State Auditor rights above, the City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the City, for a period of four (4) years after final payment.

11.3 Notice.

A. All notices shall be in writing and either served by personal delivery or mailed to the other party. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) Days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

11.4 Notice of Third Party Claims
A. Pursuant to Public Contract Code section 9201, the City shall provide the Contractor with timely notification of the receipt of any third-party claims relating to the Contract.

The City is entitled to recover reasonable costs incurred in providing such notification.

11.5 State License Board Notice
A. Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

11.6 Assignment of Contract
A. Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the rights or title of interest of any or all of this contract without the prior written consent of the City. Any assignment or change of Contractor’s name of legal entity without the written consent of the City shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code.

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11.7 Change In Name And Nature Of Contractor’s Legal Entity.

A. Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected on the Contract and all related documents. No change of Contractor’s name or nature will affect the City’s rights under the Contract, including but not limited to the bonds.

11.8 Prohibited Interests
A. No City official or representative who is authorized in such capacity and on behalf of City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the project, shall be or become directly or indirectly interested financially in the Contract.

11.9 Controlling Law
A. Notwithstanding any subcontract or other contract with any subcontractor, supplier, or other person or organization performing any part of the Work, this Contract shall be governed by the law of the State of California excluding any choice of law provisions.

11.10 Jurisdiction; Venue
A. Contractor and any subcontractor, supplier, or other person or organization performing any part of the Work agrees that any action or suits at law or in equity arising out of or related to the bidding, award, or performance of the Work shall be maintained in the Superior Court of San Bernardino County, California, and expressly consent to the jurisdiction of said court, regardless of residence or domicile, and agree that said court shall be a proper venue for any such action.

11.11 Cumulative Remedies.

A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Applicable Laws, by special warranty or guarantee, or by other provisions of the Contract Documents.

The provisions of this Article will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply.

11.12 Survival of Obligations.

A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor.

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11.13 Headings.

A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions.

11.14 Assignment of Antitrust Actions
A. In accordance with §7103.5(b) of the California Public Contract Code, Contractor and Subcontractors must conform to the following requirements:

1. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or Subcontractor offer and agree to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under §4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with §16700) of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract.

2. This assignment must be made and become effective at the time the awarding body tenders to Contractor, without further acknowledgment by the parties.

11.15 All Legal Provisions Included
A. Contractor shall give all notices and comply with all federal, state and local laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified by their terms. References to specific laws, rules or regulations in this Contract are for reference purposes only, and shall not limit or affect the applicability of provisions not specifically mentioned. If Contractor observes that drawings and specifications are at variance therewith, he shall promptly notify City in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in Work. If Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to City, he shall bear all costs arising therefrom.

B. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA laws, rules and regulations. Contractor shall comply with the Historic Building Code, including, but not limited to, as it relates to the ADA, whenever applicable.

C. Contractor acknowledges and understands that, pursuant to Public Contract Code section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code section 2717(b) in order to supply mined material for this Contract.

D. No City official or representative who is authorized in such capacity and on behalf of City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the Work, shall be or become directly or indirectly interested financially in the Contract.

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E. All provisions of law required to be inserted in the Contract or Contract Documents pursuant to any Applicable Laws shall be and are inserted herein. If through mistake, neglect, oversight, or otherwise, any such provision is not herein inserted or inserted in improper form, upon the application of either party, the Contract or Contract Documents shall be changed by City, at no increase in Contract Price or extension in Contract Times, so as to strictly comply with the Applicable Laws and without prejudice to the rights of either party hereunder

11.16 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 ARTICLE 12 - FLEET COMPLIANCE

12.1 To the extent applicable, Contractor, shall comply, and shall ensure all subcontractors comply, with all requirements of the most current version of the California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).

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

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

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ARTICLE 1 - SCOPE OF WORK

1.1 Location of the Project.

A. 396N N E St, San Bernardino, CA 92415

1.2 Scope of Work.

The work consists of providing interior debris removal (cleaning) services for the firedamaged Woolworth Building located at 396 N. E Street in the City of San Bernardino.

The work includes removal and disposal of fire-damaged materials, debris, and nonstructural components within the building to facilitate safe access and further evaluation of the structure.

The Contractor shall perform interior demolition and cleaning activities, including but not limited to removal of damaged wood framing, roofing remnants, finishes, fixtures, and other fire-affected materials, in coordination with environmental assessment, monitoring, and clearance activities performed by the City’s environmental consultant.

Work shall be performed in a controlled manner to comply with all applicable environmental regulations and requirements, including coordination with hazardous materials handling, monitoring, and clearance procedures. The Contractor shall Packet Page. 2041
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implement all required safety measures, traffic control, and site protection as necessary to safely conduct the work.

The Contractor shall furnish all labor, materials, equipment, transportation, and incidentals necessary to complete the work in accordance with the Contract Documents. The work does not include full structural demolition and is limited to interior debris removal (cleaning) only, as shown in the plans and specifications and as directed by the Engineer.

1.3 Approved Materials
Whenever the expression “or approved equal” is used, it shall be taken to mean the approval by the City Engineer of any substitution of material or material specified herein. All substitution requests shall state the reason for the request and the difference in price between the item specified and the requested substitution. All substitution requests shall be submitted to the City Engineer in writing five (5) working days prior to the bid opening. No requests for substitutions will be considered by telephone. The Contractor shall submit to the Engineer for review and approval six (6) copies of all shop drawings. The Contractor shall make any corrections to shop drawings required by the Engineer.

ARTICLE 2 -MODIFICATIONS TO THE GENERAL CONDITIONS

2.1 Section 2.12 Mobilization
Paragraph B.8 add the following:

No storage of equipment or materials will be allowed on private property, unless written permission has been provided to City, or in street right-of-way.

2.2 Section 5.5 Safety
Section 5.5.A states, “Contractor to notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the work may affect them.” The following requirements will be added to Section 5.5.A. The following list of individuals or entities, which are known to have facilities in the area to be improved is merely for the Contractor's information and may or may not be complete or inclusive:

City of San Bernardino (Engineering)------------------------------------(909) 998-2420 Southern California Edison, Ben Murguia-------------------------------(909) 307-6788 Southern California Gas Company, Devry Jennings-------------------(909) 335-7772 San Bernardino Municipal Water Department, Mike Nevarez------(909) 384-5092 Verizon Communications, Control Desk--------------------------------(909) 784-6655 Packet Page. 2042
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AT&T, Rosemary Hamill--------------------------------------------------(916) 799-4642 Underground Service Alert------------------------------------------------(800) 227-2600 California Department of Transportation-------------------------------(909) 383-6920

2.3 Section 5.27 Work Site
Section 5.27 Work Site, shall add the following requirements:

The contractor shall notify all residents and business owners, in writing (both in English and in Spanish), of his proposed operations and schedule. Notice shall be delivered at least ten (10) working days prior to start of construction. The contractor shall prepare a letter for this purpose and submit the letter to the Engineer for approval at least five (5) working days prior to the date needed for its circulation. The Contractor shall be responsible for reproduction and distribution of the letters. The time to notify in advance shall be coordinated with the City inspector.

Project sign board shall be in-placed in advance (30 days after Notice to Proceed, NTP) prior to any start of construction. Check with the City as to how far in advance to have the project signage to be in-placed. See Attachment.

The Contractor shall follow: Greenbook 2024, Section 302-3.8, pages 317; Greenbook 2024, Section 302-4.7, page 323, and Greenbook 2024, PART 6 TEMPORARY TRAFFIC CONTROL SECTION 600-ACCESS, All of Sections 600 and 601, that apply to this project, pages 553 to 560. Businesses and residences adjacent to the Work shall be notified forty-eight (48) hours in advance of closing of driveways.

Re-notification will be required if the Contractor’s schedule is altered or other delays occur, which significantly affects the scheduled work. Then, it shall be at Contractor’s expense.

2.4 Section 5.29 Protection of Work and Property
Add Paragraph H and add the following:

The Contractor shall provide sufficient barricades, delineators and ribbon at each location to adequately protect the new and fresh concrete surfaces from vandalism and unauthorized markings. Newly poured and finished concrete areas shall be delineated or cordoned off with tape to inhibit and discourage pedestrians, bikers and skateboards from tracking across the fresh sidewalk surfaces. Unauthorized markings (i.e. graffiti, footprints, bike tire marks, scuff marks) in the new sidewalk surfaces are not acceptable, and may be cause for rejection. All such areas rejected due to such cause shall be removed and replaced at the Contractor’s expense. All costs for protecting the new concrete surfaces and any graffiti removal shall be considered as incidental to the cost of the work and no additional compensation will be allowed therefore.

ARTICLE 3 -REQUIRED DOCUMENTS FOR PAY APPLICATION
Each monthly or milestone invoice from the General Contractor must include:

1. Contractor’s Invoice and Schedule of Values (SOV)
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o Must reflect cumulative progress to date.
o Each line item should correspond to measurable work completed and/or materials supplied.

2. Subcontractor Invoices
o Each subcontractor listed in the SOV must submit a corresponding invoice. o Invoices should specify labor, materials, and equipment consistent with progress reports.

3. Subcontractor Conditional/Unconditional Releases
o Conditional Waiver and Release on Progress Payment (Civil Code §8132) for partial payments.
o Unconditional Waiver and Release on Progress Payment (Civil Code §8134) once payment is made.
o Final Waivers (Civil Code §§8136–8138) upon project completion.

4. Material Supplier Documentation
o Invoices for materials incorporated into the project. o Corresponding lien releases from suppliers to subcontractors or the GC. o Delivery tickets or packing slips verifying material delivery to site.

5. Certified Payroll Records (CPRs)
o Weekly payroll reports for all contractors and subcontractors (Labor Code §1776).
o Must match reported progress and labor hours billed.
o Electronic submission via the Department of Industrial Relations (DIR) is required.

6. Apprenticeship Compliance Documentation
o Evidence of registered apprentices (Labor Code §1777.5). o Proof of training contributions.

7. Inspection Reports / Field Verification
o Inspection logs confirming percent completion of each SOV line item. o Field engineer sign-off on progress estimates.

8. Retention and Withholding Summary
o Confirmation of 5% retention per Public Contract Code §9203. o Identification of withheld funds for non-compliant documentation.

END OF SPECIAL CONDITIONS
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Woolworth Building Fire Damage Debris Removal 97 SPECIFICATIONS APPENDIX “B”

CITY OF SAN BERNARDINO

BUSINESS REGISTRATION CERTIFICATE APPLICATION FORM
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Woolworth Building Fire Damage Debris Removal 99 PLANS AND DRAWINGS APPENDIX “C”
CONSTRUCT 4’ X 8’ PROJECT SIGN

CITY OF SAN

BERNARDINO
Building a Better San
Bernardino
Woolworth Building Fire Damage Debris
Removal
PROJECT No: -------------------

Estimated Completion:
------------------------
Funding Provided By:
-------------------------------
Council Ward: 1
Helen Tran, Mayor
Eric Levitt, City Manager
Council Members: Theodore Sanchez, Sandra Ibarra,
Juan Figueroa, Fred Shorett, Kim Knaus, Mario Flores,
Treasure Ortiz
For more information, please call the Engineering Department (909) 998-2420
Size of project sign: 4’ Vertical by 8’ horizontal. Material: ½” Plywood with graffiti laminate. Colors: White background, blue and black graphics, full color logo.

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