Agenda packet — Mayor and City Council, July 15, 2026 (part 13 of 15)

RESOLUTION NO. 2026-123

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING THE FY 2026/27 CAPITAL IMPROVEMENT
PLAN BUDGET; RATIFYING AND ACCEPTING $5,279,592
IN SAFE STREETS AND ROADS FOR ALL (SS4A) GRANT
FUNDS IN BOTH REVNUES AND EXPENDITURES; AND
$1,319,898 FROM THE TRAFFIC SAFETY FUND TO
SATISFY THE CITY’S GRANT MATCH REQUIRMENTS
WHEREAS, the City of San Bernardino Public Works Department is responsible for the preparation of federal and state aid transportation related to funding applications; and WHEREAS, the City of San Bernardino is committed to improving transportation safety and reducing roadway fatalities and serious injuries for all roadway users, including pedestrians, bicyclists, transit users and motorists; and
WHEREAS, the United States Department of Transportation (USDOT) established the Safe Streets and Roads for All (SS4A) Grant Program to support local initiatives that advance the goal of eliminating roadway fatalities and serious injuries through implementation of proven safety countermeasures; and
WHEREAS, the City of San Bernardino developed transportation safety planning efforts and identified priority locations requiring safety improvements to address documented collision patterns and improve multimodal safety; and
WHEREAS, the City applied to the USDOT for an SS4A Implementation Grant to fund safety improvements at various locations throughout the City; and WHEREAS, USDOT selected the City of San Bernardino for an SS4A Implementation Grant award in the amount of $5,279,592; and
WHEREAS, the City must provide a 20% match of local funds to the grant in the amount of $1,319,898; and
WHEREAS, the grant funding will be used to implement traffic safety improvements along Lynwood Dr, Kendall Dr, Meridian Avenue, Highland Avenue at Eucalyptus Drive, and 30th Street, including roadway reconfigurations, pedestrian safety enhancements, bicycle facilities, traffic control improvements, lighting, and other proven safety countermeasures; and Packet Page. 3215
Resolution No. 2026-123
Resolution 2026-123
July 15, 2026

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WHEREAS, acceptance of the grant funding will enable the City to advance critical transportation safety projects that support the City's vision of a safer and more accessible transportation network; and
WHEREAS, United States Department of Transportation requires that the City Council designate a signatory authority to execute project agreements and certifications for the project.

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

SECTION 1. The Mayor and City Council hereby ratifies and approves the acceptance grant funding for the implementation of the Safe Streets and Roads for All (SS4A) grant in the amount of $5,279,592 and designate the City Manager, or his designee, as the signatory authority to execute all agreements and certifications in support of the SS4A project.

SECTION 2. The Director of Finance and Management Services is hereby authorized to amend and appropriate $5,279,592 SS4A Grant program award in both revenue and expenditures to the fiscal year 2026-2027 operating budget.

SECTION 3. The Director of Finance and Management Services is hereby authorized to amend and appropriate $1,319,898 from the Traffic Safety Fund in expenditure to the Fiscal year 2026-2027 operating budget.

SECTION 4. The Director of Finance and Management Services is hereby authorized to amend the fiscal year 2026-2027 Capital Improvements Program to add the SS4A Grant Program.

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

SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 7. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2026.

Helen Tran, Mayor
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Resolution No. 2026-123
Resolution 2026-123
July 15, 2026

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City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2026-123
Resolution 2026-123
July 15, 2026

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-123, adopted at a regular meeting held on the 15th 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 ___ day of ____________ 2026.

Telicia Lopez, CMC, City Clerk
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TRAVIS BRANDON

WHEELER
Digitally signed by TRAVIS

BRANDON WHEELER
Date: 2026.06.10 06:46:29 -05'00'
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: July 15, 2026
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Amendment No.7 to Cooperative Agreement No. 04-040 with the San Bernardino County Transportation Authority (SBCTA) for the Metrolink Commuter Rail Station and the Santa Fe Depot. (Ward 1)
Recommendation:

It is recommended that the Mayor and the City Council of the City of San Bernardino, California adopt Resolution 2027-124:

1. Approving Amendment No. 7 to Cooperative Agreement No.04-040 with the San Bernardino County Transportation Authority (SBCTA) for the San Bernardino Metrolink Commuter Rail Station and the Santa Fe Depot; and;

2. Authorizing the City Manager to execute Amendment No. 7 to Cooperative Agreement No. 04-040 with the SBCTA; and

3. Authorizing the Director of Finance and Management Services to approve a budget amendment in the amount of $206,106.58 to provide sufficient funding for the City's total Fiscal Year 2026/27 obligation of $847,106.58; and

4. Authorizing the Director of Finance and Management Services to issue payment to CityCom Real Estate Services for the annual operating costs and to the San Bernardino County Transportation Authority (SBCTA) in the amount of $74,648.08 for the City's share of insurance premiums.

Executive Summary
The San Bernardino County Transportation Authority (SBCTA) and the City of San Bernardino, (City) as tenants in common of the Santa Fe Depot, (Depot) share the responsibilities for the Depot as defined in Cooperative Agreement No. 04-040 Packet Page. 3239
(Cooperative Agreement). Amendment No. 7, to the Cooperative Agreement, will update maintenance obligations, further define authority over Depot operations, and update insurance requirements for each agency at the Santa Fe Depot. These updates include expanding property insurance coverages to include Core Transit Asset Insurance and Other Property Insurance, as defined within Amendment No. 7. The SBCTA will incur the responsibility of maintaining network services and maintenance for third-party electric vehicle chargers installed at the Depot as well as retain the negotiation rights to lease terms for the third-party electric vehicle chargers.

Additionally, Amendment No. 7 allows the SBCTA to designate areas of the Commuter Rail Station for use as private transportation bus bays.

Background
The City has maintained Cooperative Agreement No. 04-040 with the San Bernardino County Transportation Authority since December of 2003. The Cooperative Agreement outlines the operation, security, and maintenance responsibilities for the Santa Fe Depot and the San Bernardino Metrolink Commuter Rail Station. The Agreement has received six amendments throughout the years leading up to Amendment No. 7. The Amendments are abbreviated as follows:

Amendment No. 1 – Approved: March 16, 2004:

Increased financial contributions from the San Bernardino Associated Governments (SANBAG) by $160,000 for occupancy and tenant improvements at the Depot.

Amendment No. 2 – Approved: September 19, 2004:

Served as a Notice to Parties for SANBAG occupancy at the Depot, revised terms of cost sharing for common area expenses, and revised reimbursement schedule from quarterly to monthly.

Amendment No. 3 - Approved: October 5, 2005:

Approved the funding of $6,200,000 for the construction of a multi-level parking structure, authorized the City to utilize the temporary parking area as a staging area for the Mt. Vernon Bridge Replacement Project, and assigned the City as the responsible entity for security and maintenance of the multi-level parking structure.

Amendment No. 4 – Approved: August 2, 2006:

Increased the funding for the construction of the multi-level parking structure to $8,063,775.

Amendment No. 5 – Approved: June 6, 2007:

Increased the local match contributions for the construction of the multi-level parking structure with a not to exceed amount of $11,563,775.

Amendment No. 6 – Approved: March 31, 2018:

Assigned the responsibilities and costs for the Pedestrian Overpass Structure and Commuter Rail Station to the City. Allocated cost sharing for decommissioned tracks 50/50 between the City and the SBCTA. SBCTA authorized to install and operate Packet Page. 3240
Electric Vehicle Chargers.

The City’s financial obligations under Amendment No. 6 are directly tied to the Pedestrian Overpass Structure, Commuter Rail Station, and decommissioned tracks at the Santa Fe Depot. Under this amendment, the City assumed full responsibility for the costs associated with the Commuter Rail Station and Pedestrian Overpass, while decommissioned track costs were allocated on a 50/50 basis between the City and SBCTA. Additionally, SBCTA was authorized to install and operate Electric Vehicle Chargers as part of the agreement.

The City's annual financial obligations under Amendment No. 6 are influenced by passenger-generated revenue, routine operations and maintenance activities, and facility improvement needs. Passenger revenue offsets a portion of the operating costs, while fluctuations in ridership, maintenance requirements, and infrastructure improvements affect the City's annual financial responsibilities. The City's annual operating costs under the Cooperative Agreement totaled $499,400.00 in Fiscal Year 2023/24, $769,550.50 in Fiscal Year 2024/25, and $715,277 in Fiscal Year 2025/26.

In addition to the annual operating costs, the City completed several significant maintenance and capital improvement projects at the Santa Fe Depot during this period. In Fiscal Year 2022/23, the City completed overlay, slurry seal, pavement stenciling, and ADA driveway improvements totaling $401,260.00. In Fiscal Year 2023/24, the City completed parking lot slurry seal and pavement stenciling improvements and HVAC upgrades totaling $173,333.00, along with $41,047.44 in security services provided during May and June, for total additional maintenance costs of $214,380.44. In Fiscal Year 2024/25, the City completed Phase II HVAC upgrades totaling $83,333.33. During Fiscal Year 2025/26, the City completed $123,333.33 in capital improvements to the Santa Fe Depot.

The Total Annual Costs for the City’s Share of the Cooperative Agreement are shown in the table below:

Discussion
Approval of Amendment No. 7 to Cooperative Agreement No. 04-040 will allow the SBCTA to designate sections of the Commuter Rail Station as bus bays, rideshare zones, or other similar activities. It will also allow the SBCTA to lease parking stalls and areas of the Commuter Rail Station to a third-party electric vehicle (EV) charging Fiscal Year Annual Costs for City
Additional
Maintenance &
Capital Costs
Total Costs
FY 2022/23 $719,168.50 $401,260.00
FY 2023/24 $499,400.00 $214,380.44
FY 2024/25 $769,550.50 $83,333.33
FY 2025/26 $715,277.00 $123,333.33
Total $2,703,396.00 $822,307.10 $3,525,703.10
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network for the construction of third-party operated EV chargers. Language has been included to create a formal process for the SBCTA to seek approval and authorization from the City prior to designating areas of the Commuter Rail Station for these activities. Furthermore, Amendment No. 7 to Cooperative Agreement No. 04-040 clarifies the responsibility for obtaining and maintaining real property insurance for the station assets and the apportionment of the costs, with the City and the SBCTA sharing equally the cost to insure the core transit assets and the City being solely responsible for cost to insure the multi-level parking structure.

Although SBCTA approved Amendment No. 7 in September 2022, the City did not complete approval of the amendment due to administrative turnover. During that period, insurance coverage continued to be maintained in accordance with the negotiated terms of Amendment No. 7 to ensure uninterrupted protection of the jointly owned facilities. Approval of Amendment No. 7 formally memorializes these responsibilities and authorizes reimbursement to SBCTA for the City's share of previously incurred insurance costs.

Amendment No. 7 does not establish a new financial obligation for the City. Rather, it formalizes and clarifies the insurance responsibilities and operational provisions that have been implemented by the parties since SBCTA approved the amendment in 2022. This action ratifies those responsibilities and reconciles the City's outstanding share of insurance costs incurred during the interim period.

Beginning in Fiscal Year 2026/27 and each fiscal year thereafter, insurance premiums will be allocated between the City and SBCTA in accordance with Amendment No. 7.

Annual premium amounts will continue to vary based on insurance market conditions, insured property values, and coverage requirements, with each agency budgeting for its respective share through the annual budget process.

Through Fiscal Year 2024/2025, the City's share of the insurance premiums totaled $53,060.37. The Fiscal Year 2025/2026 premium of $21,587.71 is payable in Fiscal Year 2026/2027 and is included in this request. Approval of Amendment No. 7 authorizes payment of the City's total insurance obligation of $74,648.08.

Please see funding table below:

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The Fiscal Year 2026/27 adopted budget includes $641,000 for the City's obligations under the Santa Fe Depot Cooperative Agreement. However, the total funding required for Fiscal Year 2026/27, including the annual operating costs of $772,458.50 and the City's insurance obligation of $74,648.08 under Amendment No. 7, is $847,106.58. As a result, the currently budgeted amount is insufficient to meet the City's financial obligations, creating a funding shortfall of $206,106.58. Approval of this item will authorize payment of the outstanding insurance obligation and provide the additional funding necessary to fully satisfy the City's FY 2026/27 obligations under the Cooperative Agreement.

Staff recommends that the Mayor and City Council approve Amendment No. 7 to Cooperative Agreement No. 04-040 with the San Bernardino County Transportation Authority (SBCTA), approve a budget amendment in the amount of $206,106.58 to fully fund the City's Fiscal Year 2026/27 obligations under the Cooperative Agreement, authorize the City Manager to execute Amendment No. 7, and authorize the Director of Finance and Management Services to issue payment to CityCom Real Estate Services for the City's FY 2026/27 operating costs and to SBCTA in the amount of $74,648.08 for the City's share of insurance premiums.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Goal No 1: Improved Operational & Financial Capacity. This Agreement will create a framework for spending decisions through the operation and maintenance of infrastructures built for the commuter rail stations.

Fiscal Impact
Approval of this item authorizes a General Fund budget amendment in the Packet Page. 3243
amount of $206,106.58. The City’s total FY 2026/27 General Fund obligation under the Cooperative Agreement is $847,106.58, which includes annual operating costs of $772,458.50 and the City’s insurance obligation of $74,648.08. The FY 2026/27 adopted General Fund budget includes $641,000 for these obligations, resulting in a budget shortfall of $206,106.58.

Conclusion
It is recommended that the Mayor and the City Council of the City of San Bernardino, California adopt Resolution 2027-124:

2. Authorizing the City Manager to execute Amendment No. 7 to Cooperative Agreement No. 04-040 with the SBCTA; and

Attachments
Attachment 1 Resolution No. 2027-124
Attachment 2 Amendment No. 7 to Cooperative Agreement No. 04- 040
Attachment 3 Cooperative Agreement SBCTA and the City of San Bernardino 04-040
Ward:

First Ward
Synopsis of Previous Council Actions:

December 20, 2017 Adopted Resolution of Mayor and City Council of the City of San Bernardino, authorizing the execution of
Amendment No. 6 to Cooperative Agreement 04-040.

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July 16, 2007 Adopted Resolution of Mayor and City Council of the City of San Bernardino, authorizing the execution of
Amendment No. 5 to Cooperative Agreement 04-040.

September 5, 2006 Adopted Resolution of Mayor and City Council of the City of San Bernardino, authorizing the execution of
Amendment No. 4 to Cooperative Agreement 04-040.

September 19, 2005 Adopted Resolution of Mayor and City Council of the City of San Bernardino, authorizing the execution of
Amendment No. 3 and Ratifying Amendment No. 2
Cooperative Agreement 04-040.

March 15, 2004 Adopted Resolution of Mayor and City Council of the City of San Bernardino, authorizing the execution of
Amendment No. 1 to Cooperative Agreement 04-040.

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Resolution No. 2026-124
RESOLUTION NO. 2026-124

A RESOLUTION OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA
APPROVING AMENDMENT NO. 7 TO COOPERATIVE
AGREEMENT NO. 04-040 WITH THE SAN BERNARDINO
COUNTY TRANSPORTATION AUTHORITY (SBCTA);

AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 7 TO COOPERATIVE AGREEMENT
NO. 04-040 WITH THE SBCTA; APPROVING A BUDGET
AMENDMENT IN THE AMOUNT OF $206,106.58 TO

PROVIDE SUFFICIENT FUNDING FOR THE CITY'S
TOTAL FISCAL YEAR 2026/27 OBLIGATION OF
$847,106.58; AND AUTHORIZING THE DIRECTOR OF

FINANCE AND MANAGEMENT SERVICES TO ISSUE

PAYMENT TO CITYCOM REAL ESTATE SERVICES FOR

THE ANNUAL OPERATING COSTS AND TO THE SAN

BERNARDINO COUNTY TRANSPORTATION
AUTHORITY (SBCTA) IN THE AMOUNT OF $74,648.08
FOR THE CITY'S SHARE OF INSURANCE PREMIUMS.

WHEREAS, the City of San Bernardino and the San Bernardino County Transportation Authority ("SBCTA") entered into Cooperative Agreement No. 04-040 for the operation, maintenance, and management of the San Bernardino Metrolink Commuter Rail Station and the Santa Fe Depot; and
WHEREAS, SBCTA approved Amendment No. 7 to Cooperative Agreement No. 04-040 on September 7, 2022, and Amendment No. 7 updates maintenance responsibilities, operational authority, and insurance requirements for the Santa Fe Depot and related facilities; and WHEREAS, Amendment No. 7 clarifies the allocation of insurance costs between the City and SBCTA and authorizes reimbursement of the City's share of insurance premiums incurred under the Agreement; and
WHEREAS, the Fiscal Year 2026/27 adopted General Fund budget includes $641,000 for the City's obligations under Cooperative Agreement No. 04-040; however, the total Fiscal Year 2026/27 funding requirement, including annual operating costs and the City's insurance obligation, is $847,106.58, resulting in a funding shortfall of $206,106.58; and WHEREAS, the City Council finds that approving Amendment No. 7, approving the required budget amendment, and authorizing payment of the City's operating and insurance obligations are necessary to fulfill the City's contractual responsibilities under Cooperative Agreement No. 04-040.

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Resolution No. 2026-124

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 approve Amendment No. 7 to Cooperative Agreement No. 04-040 with the San Bernardino County Transportation Authority (SBCTA) for the operation, maintenance, and insurance responsibilities associated with the San Bernardino Metrolink Commuter Rail Station and the Santa Fe Depot.

SECTION 3. The Mayor and City Council hereby authorize the City Manager, or designee, to execute Amendment No. 7 to Cooperative Agreement No. 04-040 and any nonsubstantive documents necessary to implement the Amendment.

SECTION 4. The Mayor and City Council hereby authorize the Director of Finance and Management Services to amend the Fiscal Year 2026/27 General Fund budget in the amount of $206,106.58 to provide sufficient funding for the City's total Fiscal Year 2026/27 obligation of $847,106.58 under Cooperative Agreement No. 04-040.

SECTION 5. The Mayor and City Council hereby authorize the Director of Finance and Management Services to issue payment to CityCom Real Estate Services for the City's Fiscal Year 2026/27 operating costs and to the San Bernardino County Transportation Authority (SBCTA) in the amount of $74,648.08 for the City's share of insurance premiums due under Amendment No.

7. SECTION 6. As the decision-making body for this budget action, the City Council finds that the establishment of this project and allocation of funds is an administrative and fiscal activity and is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378. Any future construction activities shall undergo appropriate CEQA review prior to implementation.

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

SECTION 8. 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 __ day of __ 2026.

Helen Tran, Mayor
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Resolution No. 2026-124
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2026-124

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. 2026-124, adopted at a regular meeting held on the 15th day of July 2026 by the following vote:

Telicia Lopez, CMC, City Clerk
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1 SBCTA CONTRACT NO. 00-1000076, LEGACY CONTRACT NO. 04-040 AMENDMENT NO. 7
TO COOPERATIVE AGREEMENT NO. 04-040

BETWEEN

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF SAN BERNARDINO
THIS AMENDMENT NUMBER 7 to Cooperative Agreement 04-040 is hereby made and entered into and effective this _____ day of __________, 2026, by and between the SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY ("SBCTA'') and the CITY OF SAN BERNARDINO ("CITY"), with regard to the San Bernardino Metrolink station and Santa Fe Depot located in the CITY.

RECITALS:

WHEREAS, the San Bernardino Associated Governments (“SANBAG”) and CITY previously entered into Cooperative Agreement 04-040 on December 3, 2003, specifying the roles and responsibilities for the provision of maintenance and security at the San Bernardino Metrolink station and the rehabilitation of the Santa Fe Depot; and WHEREAS, in March 2004, SANBAG and CITY approved Amendment Number 1 to Cooperative Agreement 04-040 amending Exhibit "G" to reflect an increase in the SANBAG financial contribution for the rehabilitation of the Santa Fe Depot; and WHEREAS, in September 2004, SANBAG and CITY approved Amendment Number 2 to Cooperative Agreement 04-040 changing the address for SANBAG and revising the timing in which SANBAG and CITY pay for Santa Fe Depot Common Area and Non-Leased Space Expenses; and
WHEREAS, in October 2005, SANBAG and CITY approved Amendment Number 3 to Cooperative Agreement 04-040 identifying the roles and responsibilities, including financial obligations, between SANBAG and CITY for the design and construction of a temporary parking lot and a multi-level parking structure at the San Bernardino Metrolink station; and WHEREAS, in August 2006, SANBAG and CITY approved Amendment Number 4 to Cooperative Agreement 04-040 increasing the local match funding necessary to match the approved amount of CMAQ funds, resulting in a total project budget of $8,063,775; and WHEREAS, in June 2007, SANBAG and CITY approved Amendment Number 5 to Cooperative Agreement 04-040 increasing the local match funding for the construction of a multilevel parking structure at the San Bernardino Metrolink Station, resulting in a total project budget of $11,563,775; and
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1 SBCTA CONTRACT NO. 00-1000076, LEGACY CONTRACT NO. 04-040 WHEREAS, pursuant to the San Bernardino County Transportation Authority Consolidation Act of 2017, California Public Utilities Code Sections 130800 et. seq., SBCTA succeeded to SANBAG’s rights and obligations under Cooperative Agreement 04-040, as amended; and
WHEREAS, in April 2018, SBCTA and CITY approved Amendment Number 6 to Cooperative Agreement 04-040 to clarify the maintenance and security roles and responsibilities for additional improvements at the Commuter Rail Station and revised Depot common areas; and WHEREAS, SBCTA desires to designate sections of the Commuter Rail Station for use as bus bays, rideshare zones, or other similar activities; and WHEREAS, SBCTA further desires to lease parking stalls and a section of the common area at the Commuter Rail Station to a third-party electric vehicle charging network for the construction of third-party operated electric vehicle chargers; and WHEREAS, SBCTA and CITY desire to clarify the responsibility for obtaining and maintain real property insurance for the station assets and the apportionment of the costs thereof; and
WHEREAS, SBCTA and CITY desire to further amend the Cooperative Agreement in order to clarify the roles and responsibilities for these additional activities at the Commuter Rail Station.

NOW, THEREFORE, the parties agree to amend the Cooperative Agreement 04-040 as follows:

1. All references to SANBAG in Cooperative Agreement 04-040 and previous Amendments shall mean the San Bernardino County Transportation Authority (SBCTA).

2. Subsection 6.13 Commuter Rail Station Expenses of Section VI-COMMUTER RAIL STATION is deleted and replaced in its entirety with the following:

6.13 Commuter Rail Station Expenses. CITY shall be responsible for all costs required to operate and maintain the Commuter Rail Station, including but not limited to, the cost for maintenance of the parking lots, standard platforms, the cost for signage, security, and the cost for perimeter landscaping and lighting. The costs of real property insurance for the Commuter Rail Station is addressed in subsections

6.18 Real Property Insurance and 8.04 Common Area Expenses and is therefore excluded from this 6.13 Commuter Rail Station Expenses. SBCTA shall be responsible for the network services and maintenance costs of electric vehicle chargers, and for tracking the actual costs. The Property Management Firm described in subsection 8.10 Property Management Firm shall be responsible for tracking the actual costs of the Commuter Rail Station Expenses, including costs for security and maintenance of the Pedestrian Overpass Structure. To the extent SBCTA advances payment of costs for which CITY is responsible, CITY shall reimburse SBCTA for all such costs advanced.

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2 SBCTA CONTRACT NO. 00-1000076, LEGACY CONTRACT NO. 04-040

3. The following subsections are added to Section VI-COMMUTER RAIL STATION:

6.16 Additional Space for Private and Public Transportation. a. SBCTA shall have the right to designate areas of the Commuter Rail Station to be used as bus bays for public and private transportation, rideshare zones, or other similar activities. SBCTA shall give written notice to CITY requesting approval of the designation of any such area. Said notice shall provide an operational plan for the proposed use of the designated section for the CITY’s input and approval. The operational plan shall include information related to, but not limited to: route schedules, estimated number of users, and necessary increases in maintenance and security costs. The parties will meet and confer regarding the designation of the area. SBCTA will not permanently designate any section of the Commuter Rail Station for use as a bus bay, rideshare zone, or other similar activity without CITY's prior approval of the proposed designated section and the operational plan, which approval shall not be unreasonably withheld or delayed. However, if CITY fails to respond to SBCTA’s notice within sixty (60) days of receipt, CITY shall be conclusively deemed to have approved the request.
b. For any temporary change in the location of an agreed area, SBCTA shall give written notice to CITY before effecting such change. CITY must respond to any notice about a temporary change within seventy-two (72) hours (excluding weekends and holidays). If CITY fails to respond within seventy-two (72) hours of receipt of notice, CITY shall be conclusively deemed to have approved the change in location. For any permanent change in the location of an agreed area, SBCTA shall give written notice to CITY at least ninety (90) days before effecting such change. SBCTA shall meet and confer with the CITY about any permanent change in the location of an agreed area. CITY must respond to any notice about a permanent change within fourteen (14) days of receipt of notice. If CITY fails to respond within the time specified, CITY shall be conclusively deemed to have approved the change in location.
c. In the event of an emergency endangering life or property in any way related to the location of an agreed area, SBCTA shall take such action as may be reasonable and necessary in order to prevent, avoid, or mitigate injury, damage, or loss and shall, as soon as reasonably possible, report any such incidents to the CITY.

6.17 3rd Party Electric Vehicle Chargers.
a. SBCTA shall have the right, after consultation with the CITY, to enter into, amend, or terminate a lease with a third-party electric vehicle charging network for up to twenty one (21) parking stalls and a section of common area (“Charging Space”) at the Commuter Rail Station for the construction of third-party operated electric vehicle chargers. SBCTA shall give written notice to CITY regarding the initial selection of any such area. CITY must respond to SBCTA’s notice within sixty (60) days of receipt of said notice. The Parties will meet and Packet Page. 3252
3 SBCTA CONTRACT NO. 00-1000076, LEGACY CONTRACT NO. 04-040 confer regarding the initial selection of the Charging Space. SBCTA will not assign any section of the Commuter Rail Station to a third-party electric vehicle charging network without CITY’s prior approval, which approval shall not be unreasonably withheld. However, if CITY fails to respond to SBCTA’s request within the time specified, CITY shall be conclusively deemed to have approved SBCTA’s selection of the area. Revenue generated from the lease of this Charging Space to a thirdparty electric vehicle charging network will be collected by SBCTA and will be used to pay for costs associated with SBCTA owned and operated electric vehicle chargers.
b. For any change in the location of the Charging Space, SBCTA shall give written notice to CITY at least 90 days before effecting such change. CITY must respond to any notice about a change in the location of the Charging Space within fourteen (14) days of receipt of notice. The Parties shall meet and confer about any change in the location of the Charging Space. If CITY fails to respond within the time specified, CITY shall be conclusively deemed to have approved the request.

6.18 Real Property Insurance.
a. Core Transit Asset Insurance. SBCTA shall obtain and maintain real property insurance for the Pedestrian Overpass Structure, the Station Platforms and the canopy structures thereon (“Core Transit Assets”) in amounts sufficient to replace said assets. CITY and SBCTA shall share responsibility for the cost of real property insurance for the Core Transit Assets. SBCTA shall notify CITY of the cost of insurance described in this subsection 6.18(a) Core Transit Asset Insurance, in the then-current Fiscal Year no later than January 31st of each Fiscal Year and shall invoice CITY for fifty percent (50%) of said cost no sooner than the following Fiscal Year. CITY shall pay said invoice within thirty (30) days of receipt thereof. b. Other Property Insurance. CITY shall obtain and maintain real property insurance or self-insurance for property not otherwise obtained under

6.18(a) Core Transit Asset Insurance above or 8.06 Insurance, including but not limited to the Permanent Multi-Level Parking Structure in amounts sufficient to replace said property. CITY shall be solely responsible for the cost of real property insurance or self-insurance obtained pursuant to this 6.18(b) Other Property Insurance.

4. Subsection 12.01 Notices to Parties of Section XII. NOTICES is deleted and replaced in its entirety with the following:

12.01 Notices to Parties. Notices sent by mail shall be by United States Mail, postage paid, certified mail (return receipt requested). Any and all notices permitted or required to be given hereunder shall be deemed duly given and received: (a) upon actual delivery, if delivery is personally made or if made by fax or email during regular business hours; (b) the first business day following delivery by fax or email when not made during regular business hours; or (c) on the fourth business day after Packet Page. 3253
4 SBCTA CONTRACT NO. 00-1000076, LEGACY CONTRACT NO. 04-040 deposit of such notice into the United States Mail. Each such notice shall be sent to the respective Party at the address indicated below or to any other address as the respective Parties may designate from time to time by a notice given in accordance with this Section. Parties shall notify each other of any contact information changes within ten (10) business days of the change.

To San Bernardino County
Transportation Authority
To City of San Bernardino
1170 W. 3rd Street, 2nd Floor Vanir Tower, 290 North D Street San Bernardino, CA 92410-1715 San Bernardino, CA 92401
Attn: Management Services Attn:

Email: [email protected] Email:

Phone: (909) 884-8276 Phone:

Copy: General Counsel Copy: City Attorney
Email: [email protected] Email:
--------------------SIGNATURES ON FOLLOWING PAGE-------------------- Packet Page. 3254
5 SBCTA CONTRACT NO. 00-1000076, LEGACY CONTRACT NO. 04-040 IN WITNESS WHEREOF, the authorized parties have signed below;

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY
By: ___________________________
Art Bishop
Board President

Date: ___________________________

CITY OF SAN BERNARDINO
By: ___________________________
Eric Levitt
City Manager
Date: ___________________________

APPROVED AS TO FORM
By: ________________________
Julianna K. Tillquist
General Counsel
Date: ___________________________

APPROVED AS TO FORM
By: ________________________
Sonia R. Carvalho
City Attorney
Date: ___________________________
Packet Page. 3255

CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Fred Wilson, City Administrator Subject: Resolutions concerning cooperative agreements between the City, EDA, and San
Bernardino Associated Governments ( SANBAG)
regarding the Metrolink Commuter Rail station
and the Santa Fe Depot
Dept: City Administrator' s Office
Date: November24, 2003 ORIGINAL
Synopsis of Previous Council Action:

April 1993 - Community Development Commission approves Cooperative Agreement 93- 066 between SAN BAG and EDA concerning the development and maintenance of the Metrolink Station.

February 1999 - City and EDA approve the First Amendment to Cooperative Agreement 93- 066, adding the City as a party to the agreement and adding the rehabilitation and reuse of the Santa Fe Depot.

November 19, 2003 - Ways and Means Committee discusses proposed new Cooperative Agreement between the City and SAN BAG
Recommended motions:

Motion A: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of Cooperative Agreement 04- 040 between San Bernardino Associated Governments SAN BAG) and the City of San Bernardino concerning the Metrolink commuter rail station and the Santa Fe Depot. ( Mayor and Council - Adopt resolution)
Motion B: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of the Second Amendment to Cooperative Agreement 93- 066 among San Bernardino Associated Governments ( SANBAG), the Economic Development Agency of the City of San Bernardino, and the City of San Bernardino relative to the conveyance of title and termination of Cooperative Agreement 93- 066 concerning the Metrolink commuter rail station and the Santa Fe Depot. ( Mayor and Council - Adopt resolution)
Motion C: Resolution of the Community Development Commission of the City of San Bernardino authorizing the execution of the Second Amendment to Cooperative Agreement 93- 066 among San Bernardino Associated Governments ( SAN BAG), the Economic Development Agency of the City of San Bernardino, and the City of San Bernardino relative to the conveyance of title and termination of Cooperative Agreement 93- 066 concerning the Metrolink commuter rail tation and the Santa Fe Depot.

Community Development Commission - Adopt resolution)
Contact person: Fred Wilson Phone: 384- 5122
Supporting data attached: Staff report, resolution, agreement Ward: All FUNDING REQUIREMENTS: Amount: To be determined
Source: To be determined
Finance:

Council Notes: .( 2t::s..,~ 2/::: JI3- . 3,3C)
2CXJ0 <>"'10
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JJ-I J 103
I
f
Agenda Item No. ~ O
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STAFF REPORT
Subiect:

Resolutions concerning cooperative agreements between the City, EDA, and San Bernardino Associated Governments ( SANBAG) regarding the Metrolink Commuter Rail station and the Santa Fe Depot
Background
In 1993, the City' s Economic Development Agency entered into Cooperative Agreement 93- 066 with San Bernardino Associated Governments ( SANBAG) concerning the design, construction, maintenance, and security at the Metrolink commuter rail station. In summary, the agreement called for SANBAG to develop the station, with the EDA retaining ownership of the associated parking lot. EDA was also made responsible for bearing costs associated with maintenance, landscaping, and security at the station and its parking lot. (Attachment I) When Mayor Valles assumed office in 1998, discussions began with SANBAG concerning the restoration of the Santa Fe Depot. The Depot had been acquired by SANBAG in the early 1990' s, as part of the acquisition of rights-of-way for the Metrolink system. In order to expedite the Depot restoration project, Mayor Valles proposed that the City become the lead agency for the restoration.

In 1999, the Council and Community Development Commission approved an amendment to Cooperative Agreement 93- 066 ( Attachment 2). Among its key provisions, this amendment added the City as a party to the agreement, and designated the City the lead agency responsible for the Depot restoration project. SANBAG remained a vital participant in the project, with both the City and SANBAG sharing equally in the costs for grant matching funds. The City and SANBAG were to hold title to the Depot property as tenants in common, with SANBAG reimbursing the City for 50% of maintenance and security at the Depot once the restoration was completed.

More recently, SANBAG began a process of identifying a new location for its offices. Since SANBAG is an owner of the Depot, and SANBAG is a
transportation agency, it became
apparent that a new SANBAG facility at the railroad Depot would be beneficial for both the agency itself and the Depot neighborhood. Following that decision, the restored Depot was designed to accommodate SANBAG' s use of the entire second floor of the main building. It is anticipated that SANBAG will move its offices to the Depot as soon as the project is completed in February or March of 2004.

Proposed Cooperative Agreement
In Motion A, it is recommended that the Mayor and Council authorize the execution of a new Cooperative Agreement 04- 040. This Cooperative Agreement with SANBAG will replace the existing Cooperative Agreement 93- 066 and its amendment, which will be terminated upon approval of Motions B and C. Approval of this agreement is an important first step that sets the framework for SANBAG' s occupancy ofthe Depot, and management of the building as it relates to other tenants. The key points of this agreement include the following:

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SANBAG becomes the anchor tenant in the Depot, occupying approximately 22,200 square feet on the second floor. Since the agency owns the facility, there is no rent charged.

However, SANBAG will pay its own separately metered utilities, as well as its pro-rata share of common area maintenance costs, which will include maintenance, security, custodial, shared utilities, etc. Based on the square footage of floor space occupied by SANBAG, SANBAG' s pro- rata share is estimated to be 64% of gross operating costs.

Since SANBAG will be occupying the building, and therefore be closest and most familiar with its day-to- day operations, it is proposed that SANBAG will be the agency directly responsible for property management ( through the property management firm). SANBAG will pay all expenses up front, with the City reimbursing SANBAG for the City' s share on a quarterly basis.

The City retains an active role in property management and leasing decisions throughout the agreement.

An underlying assumption is that SANBAG and the City continue to share equal responsibility for any net operating costs at the Depot. This is consistent with the previous amendment approved in 1999. Any lease revenue from other tenants is first applied towards the gross operating costs ofthe building, including common area costs for non- leased space.

The City' s
responsibilities related to the Metrolink Station remain unchanged. Several years ago, the City assumed from EDA the responsibility for costs associated with security and maintenance. That obligation continues in the new agreement.

The agreement can be terminated by either party without cause following one ( 1) year of notice, with the property reverting back to SANBAG' s ownership. If the agreement is terminated by SANBAG, that agency will reimburse the City for the City' s costs for the depot restoration (approximately $ 1.9 million to date). If the City terminates the agreement, there is no requirement to reimburse SANBAG for its contributions since SANBAG would retain the property.

A draft of this agreement was presented to the Ways and Means Committee for discussion at its meeting on November 19. SANBAG' s Plans and Programs Committee recommended approval of the agreement at its November 19 meeting, and the item will be considered by the SANBAG Board on December 3.

Adoption of the agreement is essential in order to set the stage for several important " next steps" concerning the Depot reuse. The property management firm must be selected and retained, lease agreements with other tenants must be negotiated and approved. This Cooperative Agreement is the foundation for these other actions.

Following approval of this agreement, it is envisioned that SANBAG will release an RFQ for property management services. Once that firm is selected, leases with the other known tenants can be negotiated. At this time, Amtrak and Metrolink are the only identified tenants, although other entities have expressed interest. The banquet space will also be available for rentals through the property management firm, which will provide income to offset SANBAG and City costs for operations.

Termination of Existing Cooperative Agreement 93- 066
In Motions B and C, it is recommended that the Mayor and Council and Community Development Commission adopt resolutions that will approve a second amendment to Packet Page. 3258
Cooperative Agreement 93- 066. This second amendment is the formal action to terminate the existing cooperative agreement, and transfer title for the Depot, Metrolink parking lot, and the former Viaduct Park area from SANBAG to SANBAG and the City as tenants in common.

This title transfer was intended in the first amendment approved in 1999, but has not yet taken place.)
By approving these resolutions, EDA will no longer be a party to the agreement. EDA' s responsibility under Cooperative Agreement 93- 066 was to bear the costs of maintenance and security at the Metrolink Station. Several years ago, the City assumed responsibility from EDA, and since that time the Agency has not been involved with maintenance or security.

Financial Impact
Total estimated operating costs for the Depot and its surrounding property, including security, building maintenance, parking lot maintenance, utilities, custodial, etc., are roughlv estimated at approximately $ 260, 000 annually; property insurance and property management costs will be additional. The majority of this cost is for utilities, which are estimated at $ 190, 000 annually.

The new agreement will continue the City' s obligation to fund Metrolink station security and maintenance. This is not a new cost. These costs now total approximately $ 80, 000 annually, and are already included in the City's budget.

The City' s costs for the Depot will vary, depending upon how many tenants are occupying the building. For example, assuming that other spaces in the building are leased in this hypothetical scenario, the City' s costs would be calculated as follows:

Total expenses for operations:

Minus SANBAG' s share ( 64%):

Minus payments by other tenants:

Net operating costs
260, 000
166,400
40, 000
43, 600
City' s share of net ( 50%) 21, 800
Even if other retail, restaurant, and/or office space users can be attracted to the Depot, it is likely that the City will be required to offset some operating costs. The case studies in other communities suggest that these projects generally do not produce enough revenue to fully offset operating costs. However, net operating costs will be mitigated by SANBAG' s occupancy as the anchor tenant, and its contribution of 50% of net costs. At this time, since the City' s net costs at the Depot for the remainder of the fiscal year are yet to be determined, it is recommended that the issue be revisited during the FY 04- 05 budget process.

Recommendations
Adopt resolution
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REso~~ jr1

RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY

OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF COOPERATIVE AGREEMENT 04- 040 BETWEEN SAN BERNARDINO ASSOCIATED

GOVERNMENTS ( SANBAG) AND THE CITY OF SAN BERNARDINO

CONCERNING THE METROLINK COMMUTER RAIL STATION AND THE SANTA FE DEPOT.

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

SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City, Cooperative Agreement 04- 040 between SAN BERNARDINO ASSOCIATED GOVERNMENTS ( SANBAG) and the City of San Bernardino, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length.

SECTION 2. The authorization to execute the above-referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution.

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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY

OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF COOPERATIVE AGREEMENT 04- 040 BETWEEN SAN BERNARDINO ASSOCIATED

GOVERNMENTS ( SANBAG) AND THE CITY OF SAN BERNARDINO

CONCERNING THE METROLINK COMMUTER RAIL STATION AND THE SANTA FE DEPOT.

I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of 2003, by the following vote, to wit:

Council Members: AYES NAYS ABSTAIN ABSENT

ESTRADA

LONGVILLE

MCGINNIS
DERRY
SUAREZ

ANDERSON

MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this day of 2003.

Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:

James F. P nman, City Attorney
By:

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SAN BAG COOPERATIVE AGREEMENT 04-040
THIS AGREEMENT ( hereinafter the " Agreement") is hereby made, entered into and effective on the 3rd day of December, 2003, by and between the SAN BERNARDINO ASSOCIATED GOVERNMENTS ( hereinafter referred to as SAN BAG"), and the CITY OF SAN BERNARDINO ( hereinafter referred to as CITY"), with regard to the Commuter Rail Station and the Depot located in the CITY.

WHEREAS, SAN BAG and the ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ( the " Agency") previously entered into a Cooperative Agreement, SAN BAG Contract No. 93-066, dated April 26, 1993 Cooperative Agreement No. 93-066"), with regard to the design. construction, maintenance and security of the Commuter Rail Station and the Depot; and, WHEREAS, on February 15, 1999, the Agency, SANBAG and the CITY entered into a First Amendment to Cooperative Agreement 93-066, adding the CITY as a party and speCifying and clarifying certain responsibilities and obligations of the Agency. SAN BAG and the CITY under Cooperative Agreement No. 93-066; and, WHEREAS, all obligations of the parties under Cooperative Agreement No. 93-066 have either been performed to the satisfaction of the parties or will be performed pursuant to this new cooperative agreement between the CITY and SANBAG; and,
WHEREAS, the Agency, SANBAG and the CITY terminated Cooperative Agreement No. 93-066 effective December 3, 2003; and,
WHEREAS, SAN BAG and CITY desire to enter into this Agreement, also effective December 3, 2003, to continue to perform certain obligations with regard to the Commuter Rail Station and the Depot.

NOW, THEREFORE, CITY and SAN BAG have agreed and by these presents do hereby agree to associate themselves on the following terms and conditions.

DEFINITIONS

1. 01 Definitions. As used in this Agreement, the following terms, phrases, words and their derivations, shall have the meanings set forth herein. Words used in the present tense include the future tense, words used in the singular shall include the plural, and plural words shall include the singular. Words not specifically defined shall be given their common and ordinary meaning.
a. " Operating Property" shall refer to that real property essential A04- 040- mab. doc
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to railroad operations and including, but not necessarily limited to the railroad trackage right- of-way. The Operating Property is shown as AREA " B" on Exhibit "A", Property.
b. " Non-Operating Property" shall refer to such real property, excluding future retail development and excluding Operating Property, on which the Commuter Rail Station is situated, and including parking lots and such other land as may be adjacent to the Commuter Rail Station and used for its functions. NonOperating Property shall also include the Standard Platform. The Non-Operating Property is shown as AREA "A" and AREA " C" on Exhibit "A", Property. c. " Standard Platform" shall refer to that certain type of rail passenger platform, the size, dimensions, and materials of which are set forth in more particular detail in Exhibit " B", Standard Platform. d. " Station Site" shall refer to the real property purchased from the Santa Fe Railroad and/ or other persons upon which the subject Commuter Rail Station was built as more particularly set forth as described in Exhibit "A", Property. e. " Commuter Rail Station" shall refer to the commuter rail passenger terminal and all Operating Property and Non-Operating Property associated therewith.
f. " SCRRA" shall refer to the Southern California Regional Rail Authority.
g. " Depot" shall refer to the Santa Fe Railroad Depot Building.

The Depot and its adjacent land are shown as AREA " D" on Exhibit "A", Property.

II.

PURPOSE OF COOPERATIVE AGREEMENT

2. 01 Maintenance and Security of Commuter Rail Station. The purpose of this Agreement shall be to provide for the maintenance and security of the Commuter Rail Station on the Station Site.

2.02 Rehabilitation and Use of the Deoot. The purpose of this Agreement shall also be to provide for the rehabilitation, use, maintenance and security of the Depot.

III.

OWNERSHIP OF PROPERTY

3. 01 VestinQ of Title. The parties agree that title to the Operating Property, A04- 040- mab. doc
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Non-Operating Property and the Depot is or shall be held as follows:
a. SAN BAG and CITY shall hold title as tenants in common to all Non- Operating Property ( excluding the Standard Platform) and the Depot and its adjacent land shown as AREA " 0" on Exhibit " A", Property. b. SAN BAG shall hold title to the Operating Property.

IV.

TERM OF AGREEMENT

4.01 Term. The term of this Agreement shall commence on December 3, 2003 and shall continue thereafter until terminated as provided for in Section XIV, TERMINATION OF AGREEMENT. The parties agree to review the continuing need for this Agreement every five ( 5) years and to enter good faith negotiations on issues of concern to either party during that review.

PROJECTS

5. 01 Proiect Descriotion. As set forth in Section II, PURPOSE OF COOPERATIVE AGREEMENT. the parties contemplate two ongoing work projects to be covered by this Agreement:
a. Commuter Rail Station. The ongoing use. maintenance and operation of the Commuter Rail Station. This project will be as set forth herein and in general accordance with the Commuter Rail Station Master Plan approved by the parties for the ultimate development of the various parts for the property as set forth in Exhibit " C", Commuter Rail Station Master Plan. In this regard, SAN BAG reserves the right to expand the Commuter Rail Station to include additional railroad tracks and additional Standard Platforms, as necessary.
b. Depot. The rehabilitation and ongoing use, maintenance and operation of the Depot. This project will be as set forth herein and in general accordance with the Depot Master Plan approved by the parties for the ultimate development and use of the Depot property as set forth in Exhibit " 0", Adaptive Reuse Plan.
c. The parties understand and acknowledge that Exhibit " C", Commuter Rail Station Master Plan, does not exist at the time of approval of this Agreement. The parties agree to cooperate in good faith to jointly prepare the exhibit and add it to this Agreement as soon as practicable.

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VI.

COMMUTER RAIL STATION

6. 01 Reservation of Commuter Rail Parkino. CITY shall perform appropriate planning, zoning, and permit activities to ensure that parking at the Commuter Rail Station is reserved exclusively for rail commuters during operating hours.

6.02 Parkino Fees. The CITY may, subject to the approval of SANBAG, initially set and charge parking fees to: 1) Defray the costs of obtaining necessary permits and approvals; 2) Maintain the Commuter Rail Station and parking lot; and 3) Provide security to commuter rail patrons during operating hours. All such fees collected by the CITY shall remain the sole property of the CITY subject only to the limitations set forth above.

6. 03 Maintenance of Station. CITY shall maintain the Commuter Rail Station and parking lot and shall pay for all utility services required to operate and maintain the Commuter Rail Station ( excluding the Operating Property) and parking lot, excluding any costs for devices or expenses to ticket vending machines or other items necessary for maintaining the Metrolink operations. The CITY shall maintain the Commuter Rail Station as set forth in Exhibit " E", Commuter Rail Station Maintenance. The CITY shall arrange for and fund the maintenance for the Commuter Rail Station.

6.04 Station Security. CITY shall arrange for and fund the prOVISIon of security for the Commuter Rail Station and parking lot to ensure customer and vehicle safety during commuter periods. Security shall be provided 15 minutes before the first scheduled train and end 30 minutes after the last scheduled train.

Station security shall exclude any security for trains, whether while in operation, parked at or in the vicinity of the Commuter Rail Station during non- operating hours.

VII.

DEPOT REHABILITATION

7. 01 Rehabilitation of the Depot. The CITY shall assume the lead responsibility in the preparation of the detailed construction rehabilitation plans consistent with the Depot Master Plan and for the actual construction rehabilitation contracting of the Depot. CITY shall provide or cause to be provided adequate insurance to cover all aspects of the rehabilitation process. CITY has coordinated with SAN BAG to include SAN BAG' s office space plans as part of the Depot renovation project. ( See Exhibit uFo, SANBAG Depot Office Space Plans.) Any additional tenant improvements requested by SAN BAG will be at SAN BAG' s expense. The detailed construction rehabilitation plans will be coordinated with SAN BAG' s Representative prior to the CITY awarding any construction contracts for the rehabilitation of the Depot. Any future improvements to the Depot desired by A04- 040- mab. doc
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either party must preserve the historic fabric of the Depot and must be approved by both the CITY and SAN BAG.

7.02 Fundina of the Decot Rehabilitation Except as provided herein, the CITY shall be solely responsible for all administrative costs and rehabilitation construction expenses incurred by the CITY in the rehabilitation of the Depot. a) The CITY shall be responsible for obtaining all grant amounts shown on Exhibit " G", Funding for San Bernardino Depot Rehabilitation Project, and the CITY shall provide its share of the local match for federal grants as identified in the same exhibit.
b) SANBAG shall provide its share of local match as shown on Exhibit " G", Funding for San Bernardino Depot Rehabilitation Project. c) The CITY shall undertake all good faith efforts to obtain additional state or other grant funds for the Depot Rehabilitation. Any grant funds received will be used to reduce the amount of matching funds equally from the CITY and SAN BAG. d) Rehabilitation of the East Parking Lot, shown as " East Parking Lot" on Exhibit " H", Depot Parking Layout Plan, shall be part of the Depot Rehabilitation completed by the CITY with funding included in the amounts set forth in subparagraphs ( a) and (b), above.
e) Notwithstanding the above, if CITY, after good faith efforts, is not able to obtain funding for the entire Depot rehabilitation project, CITY, after coordination with SAN BAG on which portion of the Depot rehabilitation to complete, shall be required to complete only so much of the agreed upon Depot rehabilitation for which funds are available. SAN BAG will use good faith efforts to assist CITY in obtaining additional funds for the Depot rehabilitation.

7. 03 Monthlv Recort on Decot Rehabilitation. Commencing with the month of May 2002, SAN BAG's Representative may attend and fully participate in the CITY' s monthly Santa Fe Depot Team meeting. CITY shall coordinate closely with SAN BAG' s Representative concerning the process and timing of the expected certification for occupancy of SAN BAG' s office space, and shall promptly notify SANBAG' s Representative when SANBAG' s office space has been certified for occupancy.

7.04 Use of the Decot After Rehabilitation. After the rehabilitation of the Depot by the CITY is completed and SAN BAG' s office space has been certified for occupancy, the parties agree to use the Depot as set forth in Section VIII, DEPOT USE. The use of the land in AREA " D" outside of the Depot, to the extent its use is not immediately required for an agreed upon' use of the Depot itself, shall be jointly determined by SAN BAG and CITY.

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VIII.

DEPOT USE

8. 01 SAN BAG' s Office Soace in Deoot. Upon completion of the Depot rehabilitation and after SAN BAG' s office space has been certified for occupancy, the parties agree that SAN BAG shall have the exclusive right to occupy the approximately 22, 235 sq. ft. of second floor space (" SANBAG' s Space") shown as SAN BAG' s Space on Exhibit " F", SAN BAG Depot Office Space Plans, along with the exclusive right to use the elevators and stairways providing access to the second floor. For any change in SAN BAG' s Space use SANBAG shall give 90-day notice to CITY and the Property Management Finm ( as defined in Section 8. 10 Prooertv ManaQement Firm), and confer with the CITY on the change. SAN BAG will not assign, sublet or allow the use of any part or all of SAN BAG' s Space by any person or entity not providing direct support to SAN BAG or related to SAN BAG without CITY' s prior approval.

8.02 BanQuet/Board MeetinQ Room. SAN BAG shall have the exclusive and no cost use of the first floor 5,329 sq. ft. banquet space once per month on the first Wednesday of the month from 8:00 AM to 12:30 PM for SAN BAG Board meetings.

Commencing upon SAN BAG' s occupancy of SAN BAG' s Space, SAN BAG shall provide the Property Management Firm with a schedule for future SAN BAG Board meetings every six months. Other periodic no cost use of the banquet space by SAN BAG and CITY may be requested and scheduled up to six months in advance by the Property Management Finm. The Property Management Finm shall make this space available for community meetings, banquet functions and other events at set rates ( that may not be waived) to be approved by the parties' Representatives.

8.03 Utilities. Commencing upon SAN BAG occupying SAN BAG' s Space, SAN BAG shall pay for all utility expenses for the Depot. The parties agree that the electrical, water, sewer and gas utilities for SAN BAG' s Space shall be separately metered as part of the rehabilitation of the Depot, and that SAN BAG, commencing upon SAN BAG occupying SAN BAG' s Space, shall pay all service charges and related taxes for its use of those separately metered utilities. SAN BAG shall pay for its own telephone service. SANBAG shall pay its pro-rata share of trash removal costs at the Depot and its pro-rata share of any other utilities' costs at the Depot that are not separately metered.

8. 04 Common Area Exoenses. Common Area Expenses shall be apportioned to leaseable space on a per square footage basis. Commencing upon SAN BAG occupying SAN BAG' s Space, SAN BAG shall pay for all Common Area Expenses for the Depot and CITY shall reimburse SAN BAG quarterly in arrears for CITY' s share of the Common Area Expenses for the Depot. The CITY' s share shall A04- 040- mab. doc
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be 50% of the net Common Area Expenses. Net Common Area Expenses are those expenses apportioned to Non- Leased Space. The parties Representatives shall agree upon what items shall constitute the Common Area Expenses for the Depot. but such expenses shall include, but not limited to, real property insurance for the Depot, the costs for maintenance of the east parking lot, the costs for signage, security, and the costs for perimeter landscaping and lighting. The parties agree that for the first six months of SAN BAG' s occupancy CITY's 50% of net Common Area Expenses for the Depot shall be considered to be $ 0. 34 per square foot of Common Area. The parties agree the Common Area of the Depot is 146,462 square feet 12, 836 square feet interior and 133, 626 square feet exterior), and is shown as Common Area" on Exhibit "I", Depot Layout Plan. At the end of the first six months of SANBAG' s occupancy and semi-annually thereafter, the reimbursement rate for Common Area Expenses shall be adjusted by the parties' Representatives based upon the actual costs of the Common Area Expenses for the prior six months. The Property Management Firm described in section 8. 10, Prooertv Manaaement Firm, shall be responsible for tracking the actual costs of the Common Area Expenses for the Depot.

8. 05 Non- Leased Soace Exoenses. SAN BAG shall pay for all Non-Leased Space Expenses for the Depot, it being the intent and understanding of the parties that the tenants of Lease Space that is actually being leased will pay for its own expenses. For the purposes of this Agreement, " Non- Lease Space" is all of that space of the Depot that is shown. as " Lease Space" on Exhibit " I", Depot Layout Plan, but which is not actually being leased. Commencing upon SAN BAG occupying SANBAG's Space, CITY shall reimburse SANBAG quarterly in arrears for CITY's fifty
percent ( 50%) share of the Non- Leased Space Expenses for the Depot. The parties' Representatives shall agree upon what portion of the Lease Space is Non- Lease Space and upon which items shall constitute the Non- Leased Space Expenses for the Depot, including but not limited to Common Area Expenses. The parties agree that for the first six months of SANBAG' s occupancy CITY' s fifty percent ( 50%) of the
Non- Leased Space Expenses for the Depot shall be considered to be $ 0. 17 per square foot of Non- Leased Space. The parties agree the Lease Space is 36,515 square feet, and is shown as " Lease Space" on Exhibit " I", Depot Layout Plan. At the end of the first six months of SAN BAG' s occupancy and semi- annually thereafter, the reimbursement rate for Non- Leased Space Expenses shall be adjusted by the parties' Representatives based upon the actual costs of the Non- Leased Space Expenses for the prior six months. The Property Management Firm described in section 8. 10, Prooertv Manaaement Firm, shall be responsible for tracking the actual costs of the Non- Leased Space Expenses for the Depot.

8.06 Insurance. SANBAG shall provide its own insurance to cover SAN BAG' s personal property at the Depot. CITY shall provide its own insurance to cover CITY' s personal property at the Depot. SAN BAG shall provide real property insurance to cover the Depot. This cost shall be included as part of Common Area Expenses.

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8. 07 Parkina. SAN BAG shall have exclusive use of the East Parking Lot, shown as " East Parking Lot" on Exhibit " H", Depot Parking Layout Plan, during normal SAN BAG business hours until such time that this parking is needed for a proposed Depot restaurant tenant in which case the CITY, after consultation with and approval by SAN BAG, will provide alternative parking for SAN BAG' s use.

8.08 Sianaae. CITY, in consultation with SAN BAG, shall provide adequate signage located at the Depot. SAN BAG shall be entitled to use at least its pro-rata share of any sign age that may be provided for the Depot. CITY will work with SANBAG on the amount of signage located on the property to be used by SANBAG.

8. 09 Other Tenants in the Deoot. The Property Management Firm described in section 8. 10, Prooerty Manaaement Firm, shall be responsible for the administration of all leases at the Depot. Such administration shall include the screening and tentative selection of tenants, collection, deposit and disbursement of rents, charges, fees and deposits of any other amounts receivable. The Property Management Firm shall provide SANBAG and CITY with justification for each proposed action and obtain the approval of SAN BAG' s and CITY' s Representatives prior to taking such action. SAN BAG' s and CITY' s Representatives shall use good faith efforts to agree on a decision within ten ( 10) working days, but failure to do so will not be deemed approval of the proposed action. Notwithstanding the preceding, SAN BAG, after consultation with the CITY, has the exclusive right to enter into, amend or terminate all leases at the Depot, institute actions for evictions and execute notices to vacate and to take judicial proceedings, but the Property Management Firm shall make recommendations on all such actions to SAN BAG. Any lease (including banquet room fees) revenue will first be applied to costs associated with the lease, then to costs of the Property Management Firm, maintenance of common areas and non- leased space and Depot property insurance costs, with any remaining balance shared equally by the CITY and SAN BAG.

8. 10 ProoerlY Manaaement Firm. CITY and SAN BAG agree that SAN BAG shall hire a private property management firm or person (" Property Management Firm") to serve as property manager and oversee the Depot's building maintenance including all adjacent parking and banquet space and leasing of available building space and the future retail development. SAN BAG shall conduct a request for
proposals (" RFP") process to locate. suitable candidates for the Property Management Firm position. SAN BAG shall coordinate the RFP process with CITY' s Representative and receive CITY's Representative' s approval of the entire RFP process, including membership on any evaluation committee, review and approval of the selection of and contract for the Property Management Firm. SAN BAG and CITY shall equally share the compensation ( including any reimbursable expenses) for the Property Management Firm.

8. 11 Pro- Rata Share. The parties agree that for the purposes of this Agreement, SAN BAG' s " pro-rata share" shall mean sixty- four percent ( 64%) of the A04- 040- mab. doc
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cost or the amount of the item in question.

8. 12 Future Retail Development. The parties may agree upon an area to be considered for future retail development. SAN BAG shall be responsible for managing the retail development with the assistance of the Property Management Firm. All income from such retail development shall be split fifty-fifty ( 50/ 50) between SAN BAG and the CITY, after deduction for the reasonable expenses of managing the retail development.

FISCAL YEAR

9.01 Fiscal Year. The fiscal year of this Agreement shall begin on the first day of July each year.

ACCOUNTING

10. 01 Accountina. Each party shall render to the other party a complete accounting of the affairs undertaken or conducted by such party pursuant to this Agreement, as of the close of business on the last day of June each year. Such accountings shall be rendered to each party to this Agreement within thirty ( 30) days after the close of each such year. Each party shall make its accounting books and records available to the other party at any time during the term of this Agreement upon reasonable prior written notice. Except as to manifest errors brought to the attention of the other parties to this Agreement within thirty ( 30) days after it is rendered, each such accounting shall be final and conclusive as to each party to this Agreement.

XI.

DISTRIBUTION OF PROPERTY

11. 01 Distribution of Propertv to SANBAG. Upon any termination of this Agreement, all property owned by SAN BAG and CITY as tenants in common shall be promptly transferred to SANBAG free and clear.
a. If the termination of this Agreement is by SAN BAG pursuant to Subsection " b" of Section XIV, Termination of Aareement, or because of a default by SANBAG pursuant to Subsection " c" of Section XIV, Termination of Aareement, SAN BAG shall pay CITY an amount equal to the CITY' s monetary contributions with respect to all Phase I, Phase II and Depot rehabilitation costs and expenses paid by the CITY under the prior Cooperative Agreement, SAN BAG Contract No. 93- 066, A04- 040- mab. doc
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dated April 26, 1993, and this Agreement. The costs and expenses of the CITY hereunder shall include all capital items, major repairs and replacements, reconstruction remodeling ( excluding specifically any item contained within the Level of Maintenance and the Level of Security), payment of CITY fees, permits and processing charges, costs of construction and land acquisition costs. All such costs and expenditures shall bear interest at the rate of interest equal to the rate of eamings by the San Bernardino County Investment Pool per annum from the date paid by the CITY until paid by SANBAG pursuant to this Section. b. If the termination of this Agreement is for any other reason, SAN BAG shall not be required to pay CITY any amounts for the CITY' s monetary contributions with respect to all Phase I, Phase II and Depot rehabilitation costs and expenses paid by the CITY under the prior Cooperative Agreement, SANBAG Contract No. 93-066, dated April 26, 1993, or this Agreement.

11. 02 Income From Property. Any net income derived from the NonOperating Property shall be applied toward CITY' s costs for security and maintenance under this Agreement to the extent such costs are incurred.

XII.

NOTICES

12.01 Notices to Parties. Any and all notices or communications required or permitted by this Agreement or by law to be delivered to, served on, or given to either party to this Agreement by the other party to this Agreement shall be in writing and shall be deemed properly delivered, served, or given to the party so directed, to or in lieu of each such personal service, when deposited in the United States mail, first-class postage prepaid, and addressed to:

Executive Director
San Bernardino Associated Governments
472 North Arrowhead Avenue
San Bernardino, CA 92401
City Administrator
The City of San Bernardino
300 North " 0" Street
San Bernardino, CA 92418- 0001
Either party may change its mailing address for the purposes of this paragraph by giving written notice of such change to the other party.

XIII.

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MISCELLANEOUS

13. 01 Consents and Aareements. Any and all consents and agreements provided for or permitted by this Agreement shall be in writing, and a signed copy thereof shall be filed and maintained by each party in their official records together with this Agreement. Whenever consent or approval of either party is required that party shall not unreasonably withhold or delay such consent or approval.

13. 02 Sole and Onlv Aareement. This Agreement contains the sole and only agreement of the parties and correctly sets forth the rights, duties, and obligations of each party to the other as of December 3, 2003. Any prior agreements, policies, negotiations, and/or representations are expressly set forth in this Agreement.

13.03 Amendments. This Agreement may be amended or modified in any manner by an instrument in writing, stating the amendment or modification, signed by the parties hereto.

13.04 Severabilitv. In case anyone or more provisions contained in this Agreement shall for any reason be held invalid or illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof; and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.

13.05 Headinas and Subtitles. Headings and subtitles of this instrument have been used for convenience only and do not constitute matter to be considered as interpreting this Agreement.

13.06 Attornev's Fees. In the event of any dispute hereunder or any proceedings to enforce the provisions hereof, the prevailing party in such dispute or proceeding shall be entitled to recover, among other things, all costs, reasonable attorney' s fees and reasonable disbursements, regardless of whether such dispute or proceedings are handled by attorneys or employees of such party or outside counsel.

Prevailing party in any dispute or proceeding" shall be the party who obtains substantially all the relief sought by such action or proceedings, regardless of whether final court judgment is entered.

13. 07 Indemnitv. The parties hereto each agree to defend, indemnify, and hold harmless the other party, and its authorized agents, officers, elected officials, volunteers and employees against any and all claims arising from the party' s acts, errors, or omissions and from any and all expenses ( including reasonable attorneys' fees) incurred by the other party on account of any claim therefore. The costs, salary and expenses of the CITY Attorney and members of his office in enforcing this Agreement, as amended, on behalf of the CITY shall be considered as " attorneys" fees for the purposes of this paragraph. The cost, salary and expenses of the County A047040- mab. doc
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Counsel and members of his office in enforcing this Agreement, as amended, on behalf of SAN BAG shall be considered as " attorneys' fees" for the purposes of this paragraph. Each party shall obtain and maintain during the time this Agreement, as amended, is in effect adequate insurance or self-insurance to cover its liability, defense and indemnification obligations in order to protect itself and the other parties.

13. 08 Law of the Jurisdiction and Venue. In the event of any litigation arising out of the terms of this Agreement, the law of the State of California shall apply, and the venue of any such action shall be the Superior Court of the State of California for the County of San Bernardino, Central District.

13.09 Exhibits. All exhibits referred to are attached to this Agreement and incorporated by reference.

13. 10 Reoresentatives. Each party shall appoint and give the other party notice of its Representative for purposes of this Agreement. Except for specifically delegated authority, the Representatives shall have no authority to amend this Agreement or otherwise bind their respective party in any manner.

13. 11 JUry Trial Waiver. CITY and SANBAG hereby waive their respective right to trial by jury and agree to accept trial by judge alone of any cause of actiOn, claim, counterclaim or cross- complaint in any action, proceeding and/ or hearing brought by either CITY against SAN BAG or SAN BAG against CITY on any matter whatsoever arising out of, or in any way connected with, this Agreement, the relationship of CITY and SAN BAG, either parties use or occupancy of the Depot, or any claim of injury or damage, or the enforcement of any remedy under any law, statute, or regulation, emergency or otherwise, now or hereafter in effect.

XIV.

TERMINATION OF AGREEMENT

14.01 Termination. This Agreement may be terminated as follows:
a. Mutual agreement of the parties;
b. Either party may terminate this Agreement without cause by giving not less than one ( 1) year' s notice of termination; c. Either party may terminate this Agreement with cause due to any default or breach of this Agreement by the other party hereto which has not been cured within thirty ( 30) days after notice of such default to the other party, or such later time as is reasonably necessary if the default cannot be reasonable cured within such thirty ( 30) day period.

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xv.

ACCEPTANCE

15. 01 Acceptance of Aareement. The parties hereto have approved this Agreement by official actions of their respective governing bodies, accept and agree and agree to the terms set forth therein as of the date set forth above.

Dated: SAN BERNARDINO ASSOCIATED GOVERNMENTS
By
Name: William J. Alexander
Title: President
Dated: CITY OF SAN BERNARDINO
APPROVED AS TO FORM:

REX A. HINESLEY, SAN BAG Counsel
JA
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By
Name: Judith Valles
Title: Mayor
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Property Description
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Exhibit "A"
Sheet 1 of 2

LEGAL DESCRIPTION
AREA " A"
Those portions of Lots 10, 11 and 12, Block 15, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, per map recorded in Book 7, Page 2 of Maps in the Office of the County Recorder of said County described as follows:

Commencing at the intersection of the east line of Mt. Vernon Avenue, 82. 50 feet wide and the North line of 3rd Street. 82. 50 feet wide as described in Parcell of that certain Indenture between the Santa Fe Land Improvement Company and the City of San Bernardino recorded November 14, 1917 in Book 622, Page 157 of Deeds in the Office of said County Recorder, said intersection also being the Northwest comer of said Parcell; thence along the north line of said 3rd Street, North 86042' 30" East, 13. 47 feet to the TRUE POINT OF BEGINNING; thence leaving said north line North 2036' 26" West, 249. 00 feet; thence South 77005' 02" East, 60. 28 feet; thence South 72059' 17" East, 156. 88 feet; thence South 50015' 26" East, 23. 50 feet; thence South 89057' 46" East, 37. 55 feet; thence North 02029' 31" West. 5. 38 feet; thence North 89041' 33" East, 42. 00 feet; thence South 2029' 31" East, 5. 38 feet; thence South 89058' 17" East, 616. 93 feet; thence South 0027' 39" East, 121. 74 feet to the north line of 3rd Street as described in Parcel 1 of said Indenture; thence South 86' 42' 30" West, 914.48 feet along said north line to the TRUE POINT OF BEGINNING.

EXCEPT THEREFROM that portion described as Parcell of that certain Quitclaim Deed to the City of San Bernardino recorded April 30, 1959 in Book 4805, Page 81 of said Official Records.

Containing approximately 3. 3 acres.

See Sheet 2 for a plat depicting the above described property. e
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Exhibit " A"
Sheet 1 of 2

LEGAL DESCRIPTION
AREA " C"
Those portions of Lots 1 0, and 11, Block 15, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, per map recorded in Book 7, Page 2 of Maps in the Office of the County Recorder of said County described as follows:
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Commencing at the intersection of the east line of Mt. Vernon Avenue, 82. 50 feet wide and the North line of 3rd Street. (vacated) 82. 50 feet wide as described in Parcel 1 of that certain Indenture between the Santa Fe Land Improvement Company and the City of San Bernardino recorded November 14, 1917 in Book 622, Page 157 of Deeds in the Office of said County Recorder, said intersection also being the Northwest corner of said Parcel 1 ; thence along the northerly line of said 3rd Street, North 86042' 30" East, 13.47 feet to the POINT OF BEGINNING; thence North 86' 42' 30" East, 546. 00 feet continuing along said northerly line; thence leaving said northerly line South 03' 17'30" East, 41. 25 feet; to the beginning of a non-tangent curve concave southeasterly and having a radius of 360. 00 feet, a radial line to the beginning of said curve bears North 36008'06" West; thence southwesterly 97. 38 feet along the arc of said curve, through a central angle of 15' 29' 53"; thence South 38' 22' 01" West, 173.49 feet to the beginning of a curve concave northwesterly and having a radius of 255. 00 feet; thence westerly 229. 61 feet along the arc of said curve, through a central angle of 51' 35' 27" to the beginning of a compound curve concave northeasterly and having a radius of 125. 50 feet; thence westerly and northerly 131. 42 feet along the arc of said curve, through a central angle of 59' 59' 55" to the beginning of a compound curve concave easterly and having a radius of 288. 00 feet; thence northerly 100. 69 feet along the arc of said curve through a central angle of 20001' 51 "; thence North 10' 00' 46" West, 155.46 feet to the POINT OF BEGINNING.

Containing approximately 2. 85 acres.

See Sheet 2 for a plat depicting the above described property. irectioR
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Exhibit " A"
Sheet 1 of 2

LEGAL DESCRIPTION
AREA " 0"
Lying within Lots 11. 12. 13. 14 and 15. Block 15. Rancho San Bernardino. in the City of San Bernardino. County of San Bernardino. State of California. as shown on a map recorded in Book 7.

Page 2 ends

Grant Deed to San Bernardino Associated Governments recorded December 15. 1992 as Instrument No. 92- 514402 of Official Records in the Office of the County Recorder of said County. described as follows:
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BEGINNING at the southwest corner of Parcel 3 in that certain Quitclaim Deed to the City of San Bernardino recorded April 30. 1959 in Book 4805. Page 81 of said Official Records said comer also being on the northerly line of 3rd Street. 82. 50 feet wide as described in Parcel 1 of that certain Indenture between the Santa Fe Land Improvement Company and the City of San Bernardino recorded November 14. 1917 in Book 622. Page 157 of Deeds in the Office of said County Recorder; thence South 86042' 30" West. 536. 99 feet along said northerly line; thence North 00027' 39" West. 213. 24 feet; thence South 90000' 00" East, 511. 11 feet to a point on a line that is parallel with and 15. 00 feet south of the centerline of 'Track P2", said point being the beginning of a non- tangent curve, concave southerly and having a radius of 1487. 85 feet, a radial line of said curve to said point bears North 2029' 46" West; thence Easterly 45. 95 feet along said curve through a central angle of 1046' 13"; thence North 89016' 27" East, 305. 78 feet to the southeasterly line of said Parcel 2: thence southwesterly and westerly along the southeasterly and southerly line of said Parcel 2 the following three courses; thence South 36002' 55" West, 174. 71 feet to the beginning of a non- tangent curve concave northwesterly, a radial line through said curve bears South 40017' 28" East: thence westerly 143. 12 feet along the arc of said curve through a central angle of 41000' 00"; thence North 89017' 28" West. 90. 37 feet to the POINT OF BEGINNING.

Containing approximately 3. 51 acres.

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Exhibit "G"
San Bernardino Depot Grant Funding
Grant Type Grant SAN BAG City Total
Amount Match Match Amount
TEA 6/93 $ 1 300 000 $ 168 926 $ 1 468 926
TEA 21 Demo. $ 2 462. 699 $ 243 662 $ 412588 $ 3. 118. 949 FTA 5309 10/00 $ 2 943 286 $ 551 431 $ 184 391 $ 3679108 TEA 11/99 $ 2. 832 960 $ 367, 040 $ 3.200.000
FTA 5309 10/01 $ 594 189 $ 74274 $ 74274 $ 742737
TEA 09/02 $ 863,289 $ 232. 345 $ 232, 345 $ 1 327 979
TEA 09/03 $ 661. 225 $ 44 388 $ 44,388 $ 750. 001
Additional Local Funding --------- $ 55,721 $ 645,862 $ 701, 583 Total $ 11. 657, 648 $ f1~3i07747 _.-._----~. $ 1, 960, 888 14.iii. 2si Match Committed 93-066 $ 412588 $ -
Match Still Required $ 958, 159 $ 1, 960,888
SAN BAG Match Includes: 456,976 Valley TMEE
858,050 Rail Asset Revenue
55,721 BNSF
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Depot Layout Plan
SANBAG Space: 22,235 sq. ft. Second Floor

1.271 sq. ft. Stairs and Elevator
23, 506 sq. ft.

Metrolink 4, 546 sq. ft. First Floor
Amtrak 1, 201 sq. ft. First Floor
Building Maintenace 440 sq. ft. First Floor
East Lounge ( office) 820 sq. ft. First Floor
East Future Tenant 5, 313 sq. ft. First Floor
East Annex 980 sq. ft. First Floor
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Total Leasable Space Excluding SANBAG Stairs and Elevator: 36, 515 sq. ft.

Common Area Interior: 3, 850 sq. ft. Main Lobby
5, 329 sq. ft. Banquet Room
1, 633 sq. ft. Lobby Restrooms
2, 024 sq. ft. Misc. & Circulation
Common Area Exterior 133, 626 sq. ft.

Total Common Area: 146, 462 sq. ft.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY

OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE SECOND AMENDMENT TO COOPERATIVE AGREEMENT 93-066 AMONG SAN

BERNARDINO ASSOCIATED GOVERNMENTS ( SANBAG), THE ECONOMIC

DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AND THE CITY

OF SAN BERNARDINO RELATIVE TO THE CONVEYANCE OF TITLE AND TERMINATION OF COOPERATIVE AGREEMENT 93- 066 CONCERNING THE METROLINK COMMUTER RAIL STATION AND THE SANTA FE DEPOT.

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

SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City, the Second Amendment to Cooperative Agreement 93- 066 among SAN BERNARDINO ASSOCIATED GOVERNMENTS ( SANBAG), the Economic Development Agency of the City of San Bernardino, and the City of San Bernardino, a
copy of which is attached hereto marked Exhibit " A" and incorporated herein by reference as fully as though set forth at length.

SECTION 2. The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the pa~sage of this resolution.

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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY

OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE SECOND AMENDMENT TO COOPERATIVE AGREEMENT 93- 066 AMONG SAN

BERNARDINO ASSOCIATED GOVERNMENTS ( SANBAG), THE ECONOMIC

DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AND THE CITY

OF SAN BERNARDINO RELATIVE TO THE CONVEYANCE OF TITLE AND TERMINATION OF COOPERATIVE AGREEMENT 93- 066 CONCERNING THE METROLINK COMMUTER RAIL STATION AND THE SANTA FE DEPOT.

I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2003, by the following vote, to wit:

Council Members: AYES NAYS ABSTAIN ABSENT

ESTRADA

LONGVILLE

MCGINNIS
DERRY
SUAREZ

ANDERSON

MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this day of 2003.

Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:

By:

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SECOND AMENDMENT TO COOPERATIVE AGREEMENT 93-066
THIS SECOND AMENDMENT TO COOPERATIVE AGREEMENT NO. 93-066 is hereby made, entered into and effective on the 3rd day of December, 2003, by and between the SAN BERNARDINO ASSOCIATED GOVERNMENTS (" SAN BAG"), the ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ( the Agency") and the CITY OF SAN BERNARDINO (the "City").

WHEREAS, the Agency and SAN BAG entered into a Cooperative Agreement, SANBAG Contract No. 93-066, dated April 26, 1993, with regard to the Commuter Rail Station in the City; and
WHEREAS, on February 15, 1999, the Agency, SAN BAG and the City entered into a First Amendment to Cooperative Agreement 93-066 ( the " First Amendment"), adding the City as a party and specifying and clarifying certain responsibilities and obligations of the Agency, SAN BAG and the City ( the Cooperative Agreement, SANBAG Contract No. 93-066 as amended by the First Amendment, is hereinafter referred to as the Agreement"); and
WHEREAS, all obligations of the parties under the Agreement have either been performed to the satisfaction of the parties or will be performed pursuant to a new cooperative agreement between the City and SANBAG; and, WHEREAS, the Agency, SAN BAG and the City desire to amend the Agreement to terminate the Agreement.

NOW, THEREFORE, it is agreed that the Agreement is amended as set forth below.

1. The parties agree to promptly convey title of the Property as shown on Exhibit "A", attached hereto, from SANBAG to SANBAG and the City, as tenants in common.

2. Except as provided in Paragraph 1, above, no other actions shall be taken under the Agreement, including but not limited to those actions which would have otherwise been required to be taken upon termination of the Agreement pursuant to Paragraph XV, TERMINATION OF AGREEMENT.
3 The Cooperative Agreement, SAN BAG Contract No. 93-066 as amended by the First Amendment, is hereby terminated effective December 3, 2003, except that the obligations set forth in Paragraph 1, above, shall survive the termination of this Agreement if not completed before such termination.

A930662- mab. doc
0435270
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Dated:

Dated:

SAN BERNARDINO ASSOCIATED GOVERNMENTS
By
William J. Alexander
President

CITY OF SAN BERNARDINO
By
Judith Valles
Mayor

ECONOMIC DEVELOPMENT AGENCY FOR THE

CITY OF SAN BERNARDINO
By
Title:

APPROVED AS TO FORM:

Name:

Agency Counsel
A930662- mab. doc
0435270
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Property Description
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Exhibit " A"
Sheet 1 of 2

Commencing at the intersection of the east line of Mt. Vernon Avenue, 82. 50 feet wide and the North line of 3rd Street, 82. 50 feet wide as described in Parcell of that certain Indenture between the Santa Fe Land Improvement Company and the City of San Bernardino recorded November 14, 1917 in Book 622, Page 157 of Deeds in the Office of said County Recorder, said intersection also being the Northwest comer of said Parcell; thence along the north line of said 3rd Street, North 86042' 30" East, 13. 47 feet to the TRUE POINT OF BEGINNING; thence leaving said north line North 2036' 26" West, 249. 00 feet; thence South 77"05' 02" East, 60. 28 feet; thence South 72059' 17" East, 156. 88 feet; thence South 50015' 26" East, 23.50 feet; thence South 89057'46" East, 37. 55 feet: thence North 02029' 31" West, 5. 38 feet; thence North 89041 ' 33" East, 42. 00 feet; thence South 2029' 31" East, 5. 38 feet; thence South 89058' 17" East, 616. 93 feet; thence South 0027' 39" East, 121. 74 feet to the north line of 3rd Street as described in Parcell of said Indenture; thence South 86042' 30" West, 914.48 feet along said north line to the TRUE POINT OF BEGINNING.

EXCEPT THEREFROM that portion described as Parcell of that certain Quitclaim Deed to the City of San Bernardino recorded April 30, 1959 in Book 4805, Page 81 of said Official Records.

Containing approximately 3. 3 acres.

See Sheet 2 for a plat depicting the above described property.

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Exhibit " A"
Sheet 1 of 2

Commencing at the intersection of the east line of Mt. Vernon Avenue, 82,50 feet wide and the North line of 3rd Street, ( vacated) 82. 50 feet wide as described in Parcel 1 of that certain Indenture between the Santa Fe Land Improvement Company and the City of San Bernardino recorded November 14, 1917 in Book 622, Page 157 of Deeds in the Office of said County Recorder, said intersection also being the Northwest corner of said Parcel 1; thence along the northerly line of said 3rd Street, North 86" 42' 30" East, 13.47 feet to the POINT OF BEGINNING; thence North 86" 42' 30" East, 546. 00 feet continuing along said northerly line; thence leaving said northerly line South 03" 17'30" East. 41. 25 feet; to the beginning of a non- tangent curve concave southeasterly and having a radius of 360, 00 feet, a radial line to the
West; beginning of said curve bears North 36" 08' 06" thence southwesterly 97. 38 feet along the arc of said curve, through a central angle of 15" 29' 53"; thence South 38022' 01" West, 173.49 feet to the beginning of a curve concave northwesterly and having a radius of 255, 00 feet; thence westerly 229. 61 feet along the arc of said curve, through a central angle of 51 035' 27" to the beginning of a compound curve concave northeasterly and having a radius of 125. 50 feet: thence westerly and northerly 131.42 feet along the arc of said curve, through a central angle of 59059' 55" to the beginning of a compound curve concave easterly and having a radius of 288. 00 feet; thence northerly 100. 69 feet along the arc of said curve through a central angle of 20' 01' 51 "; thence North 10000' 46" West, 155.46 feet to the POINT OF BEGINNING.

Containing approximately 2. 85 acres,
See Sheet 2 for a plat depicting the above described property.

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3311 E. SHELBY ST.

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Exhibit "A"
Sheet 1 of 2

LEGAL DESCRIPTION
AREA " 0"
Lying within Lots 11. 12. 13. 14 and 15. Block 15. Rancho San Bernardino. in the City of San Bernardino. County of San Bernardino, State of California, as shown on a map recorded in Book 7,

Page 2 ends

Grant Deed to San Bernardino Associated Governments recorded December 15, 1992 as Instrument No. 92- 514402 of Official Records in the Office of the County Recorder of said County, described as follows:

BEGINNING at the southwest corner of Parcel 3 in that certain Quitclaim Deed to the City of San Bernardino recorded April 30, 1959 in Book 4805, Page 81 of said Official Records said comer also being on the northerly line of 3rd Street, 82. 50 feet wide as described in Parcel 1 of that certain Indenture between the Santa Fe Land Improvement Company and the City of San Bernardino recorded November 14, 1917 in Book 622, Page 157 of Deeds in the Office of said County Recorder; thence South 86042' 30" West, 536. 99 feet along said northerly line; thence North 00027' 39" West. 213.24 feet; thence South 90000' 00" East, 511. 11 feet to a point on a line that is parallel with and 15. 00 feet south of the centerline of "Track P2", said point being the beginning of a non- tangent curve, concave southerly and having a radius of 1487. 85 feet, a radial line of said curve to said point bears North 2029' 46" West: thence Easterly 45. 95 feet along said curve through a central angle of 1046' 13"; thence North 89016' 27" East, 305. 78 feet to the southeasterly line of said Parcel 2; thence southwesterly and westerly along the southeasterty and southerly line of said Parcel 2 the following three courses; thence South 36002' 55" West, 174. 71 feet to the beginning of a non- tangent curve concave northwesterly, a radial line through said curve bears South 40017' 28" East: thence westerly 143. 12 feet along the arc of said curve through a central angle of 41 ' 00' 00"; thence North 89017' 28" West, 90. 37 feet to the POINT OF BEGINNING.

Containing approximately 3. 51 acres.
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RESOLUTION NO.

RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF

THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE SECOND AMENDMENT TO COOPERATIVE AGREEMENT 93- 066 AMONG SAN

BERNARDINO ASSOCIATED GOVERNMENTS ( SANBAG), THE ECONOMIC

DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AND THE CITY

OF SAN BERNARDINO RELATIVE TO THE CONVEYANCE OF TITLE AND TERMINATION OF COOPERATIVE AGREEEMENT 93- 066 CONCERNING THE METROLINK COMMUTER RAIL STATION AND THE SANTA FE DEPOT.

BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The Chairperson of the Community Development Commission of the City of San Bernardino or her designee is hereby authorized and directed to execute on behalf of said Agency, the Second Amendment to Cooperative Agreement 93- 066 among SAN BERNARDINO ASSOCIATED GOVERNMENTS ( SANBAG), the Economic Development Agency of the City of San Bernardino, and the City of San Bernardino, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length.

SECTION 2. The authorization to execute the above- referenced agreement is rescinded ifthe parties' to the agreement fail to execute it within sixty (60) days of the passage of this resolution.

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27 By:
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF

THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE SECOND AMENDMENT TO COOPERATIVE AGREEMENT 93- 066 AMONG SAN

BERNARDINO ASSOCIATED GOVERNMENTS ( SANBAG), THE ECONOMIC

DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AND THE CITY

OF SAN BERNARDINO RELATIVE TO THE CONVEYANCE OF TITLE AND TERMINATION OF COOPERATIVE AGREEEMENT 93- 066 CONCERNING THE METROLINK COMMUTER RAIL STATION AND THE SANTA FE DEPOT.

I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community Development Commission of the City of San Bernardino at a meeting thereof, held on the _ day of , 2003, by the following vote, to wit:

Commission: AYES NAYS ABSTAIN ABSENT

ESTRADA

LONGVILLE

MCGINNIS
DERRY
SUAREZ

ANDERSON

MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this day of 2003.

Judith Valles, Chairperson
Community Development Commission of
The City of San Bernardino
Approved a to
Form andile al content:
28 Packet Page. 3325
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SECOND AMENDMENT TO COOPERATIVE AGREEMENT 93-066
THIS SECOND AMENDMENT TO COOPERATIVE AGREEMENT NO. 93-066 is hereby made, entered into and effective on the 3rd day of December, 2003, by and between the SAN BERNARDINO ASSOCIATED GOVERNMENTS (" SAN BAG"), the ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ( the Agency") and the CITY OF SAN BERNARDINO ( the "City").

WHEREAS, the Agency and SAN BAG entered into a Cooperative Agreement, SANBAG Contract No. 93- 066, dated April 26, 1993, with regard to the Commuter Rail Station in the City; and
WHEREAS, on February 15, 1999, the Agency, SAN BAG and the City entered into a First Amendment to Cooperative Agreement 93-066 ( the " First Amendment"), adding the City as a party and specifying and clarifying certain responsibilities and obligations of the Agency, SAN BAG and the City ( the Cooperative Agreement, SAN BAG Contract No. 93-066 as amended by the First Amendment, is hereinafter referred to as the Agreement"); and
WHEREAS, all obligations of the parties under the Agreement have either been performed to the satisfaction of the parties or will be performed pursuant to a new cooperative agreement between the City and SANBAG; and, WHEREAS, the Agency, SAN BAG and the City desire to amend the Agreement to terminate the Agreement.

NOW, THEREFORE, it is agreed that the Agreement is amended as set forth below.

1. The parties agree to promptly convey title of the Property as shown on Exhibit "A", attached hereto, from SANBAG to SANBAG and the City, as tenants in common.

A930662- mab. doc
0435270
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Dated: SAN BERNARDINO ASSOCIATED GOVERNMENTS
By
William J. Alexander
President
Dated: CITY OF SAN BERNARDINO
By
Judith Valles
Mayor
Dated: ECONOMIC DEVELOPMENT AGENCY FOR THE

CITY OF SAN BERNARDINO
By
Title:

APPROVED AS TO FORM:

Rex A. Hinesley, SAN BAG Counsel
Name:

Agency Counsel
A930662- mab. doc
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Exhibit "A"
Property Description
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Exhibit " A"
Sheet 1 of 2

Commencing at the intersection of the east line of Mt. Vernon Avenue, 82. 50 feet wide and the North line of 3rd Street, 82. 50 feet wide as described in Parcel 1 of that certain Indenture between the Santa Fe Land Improvement Company and the City of San Bernardino recorded November 14, 1917 in Book 622, Page 157 of Deeds in the Office of said County Recorder, said intersection also being the Northwest corner of said Parcel 1 ; thence along the north line of said 3rd Street, North 86042' 30" East, 13.47 feet to the TRUE POINT OF BEGINNING; thence leaving said north line North 2036' 26" West, 249. 00 feet; thence South 77005' 02" East, 60. 28 feet; thence South 72059' 17" East, 156. 88 feet; thence South 50015' 26" East, 23. 50 feet; thence South 89057' 46" East, 37. 55 feet; thence North 02029' 31" West, 5. 38 feet; thence North 89041' 33" East, 42. 00 feet; thence South 2029' 31" East, 5. 38 feet; thence South 89058' 17" East, 616. 93 feet; thence South 0027' 39" East, 121. 74 feet to the north line of 3rd Street as described in Parcel 1 of said Indenture; thence South 86042' 30" West, 914.48 feet along said north line to the TRUE POINT OF BEGINNING.

EXCEPT THEREFROM that portion described as Parcel 1 of that certain Quitclaim Deed to the City of San Bernardino recorded April 30, 1959 in Book 4805, Page 81 of said Official Records.

Containing approximately 3. 3 acres.

See Sheet 2 for a plat depicting the above described property.

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Exhibit " A"
Sheet 1 of 2

LEGAL DESCRIPTION
AREA " C"
Those portions of Lots 1 0, and 11, Block 15. Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, per map recorded in Book 7, Page 2 of Maps in the Office of the County Recorder of said County described as follows:

Commencing at the intersection of the east line of Mt. Vernon Avenue, 82, 50 feet wide and the North line of 3rd Street, ( vacated) 82. 50 feet wide as described in Parcel 1 of that certain Indenture between the Santa Fe Land Improvement Company and the City of San Bernardino recorded November 14, 1917 in Book 622, Page 157 of Deeds in the Office of said County Recorder, said intersection also being the Northwest corner of said Parcel 1; thence along the northerly line of said 3rd Street, North 86042' 30" East, 13.47 feet to the POINT OF BEGINNING; thence North 86' 42' 30" East, 546. 00 feet continuing aiong said northerly line; thence leaving said northerly line South 03' 17'30" East, 41. 25 feet; to the beginning of a non- tangent curve concave southeasterly and having a radius of 360. 00 feet, a radial line to the beginning of said curve bears North 36' 08' 06" West; thence southwesterly 97. 38 feet along the arc of said curve, through a central angle of 15' 29' 53"; thence South 38022' 01" West, 173.49 feet to the beginning of a curve concave northwesterly and having a radius of 255. 00 feet; thence westerly 229. 61 feet along the arc of said curve, through a central angle of 51 ' 35' 27" to the beginning of a compound curve concave northeasterly and having a radius of 125. 56 feet; thence westerly and northerly 131.42 feet along the arc of said curve, through a central angle of 59' 59' 55" to the beginning of a compound curve concave easterly and having a radius of 288. 00 feet; thence northerly 100. 69 feet along the arc of said curve through a central angle of 20' 01' 51"; thence North 10000' 46" West, 155.46 feet to the POINT OF BEGINNING.

Containing approximately 2. 85 acres.

See Sheet 2 for a plat depicting the above described property. l~"
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TEL: ( 909) 980- 1982 . FAX: ( 909) 941- 0891
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Exhibit " A"
Sheet 1 of 2

LEGAL OESCRIPTION
AREA " 0"
Lying within Lots 11. 12. 13. 14 and 15, Block 15. Rancho San Bernardino. in the City of San Bernardino. County of San Bernardino. State of California. as shown on a map recorded in Book 7,

Page 2 ends

BEGINNING at the southwest corner of Parcel 3 in that certain Quitclaim Deed to the City of San Bernardino recorded April 30. 1959 in Book 4805, Page 81 of said Official Records said comer also being on the northerly line of 3rd Street. 82. 50 feet wide as described in Parcel 1 of that certain Indenture beiween the Santa Fe Land Improvement Company and the City of San Bernardino recorded November 14. 1917 in Book 622. Page 157 of Deeds in the Office of said County Recorder; thence South 86" 42' 30" West, 536, 99 feet along said northerly line; thence North 00" 27'39" West. 213. 24 feet; thence South 90" 00' 00" East, 511. 11 feet to a point on a line that is parallel with and 15. 00 feet south of the centerline of "Track P2", said point being the beginning of a non-tangent curve, concave southerly and having a radius of 1487. 85 feet, a radial line of said curve to said point bears North 2029' 46" West: thence Easterly 45. 95 feet along said curve through a central angle of 1046' 13"; thence North 89016' 27" East, 305. 78 feet to the southeasterly line of said Parcel 2; thence southwesterly and westerly along the southeasterly and southerly line of said Parcel 2 the following three courses; thence South 36" 02' 55" West, 174. 71 feet to the beginning of a non- tangent curve concave northwesterly, a radial line through said curve bears South 40" 17'28" East: thence westerly 143. 12 feet along the arc of said curve through a central angle of 41" 00' 00"; thence North 89" 17'28" West, 90. 37 feet to the POINT OF BEGINNING.

Containing approximately 3. 51 acres.

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Packet Page. 3335

OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North " 0" Street. San Bernardino' CA 92418- 0001
909.384.5002' Fax: 909.384. 5158
www.ci.san. bernardino. ca.lis
December 5, 2003
William 1. Alexander
San Bernardino Associated Governments
472 N. Arrowhead Avenue
San Bernardino, CA 92401
Dear Mr. Alexander,
At the Mayor and Common Council meeting of December I, 2003, the City of San Bernardino adopted Resolution 2003- 339 - Resolution authorizing the execution of Cooperative Agreement 04- 040 between San Bernardino Associated Governments ( SANBAG) and the City of San Bernardino concerning the Metrolink Commuter Rail Station and the Santa Fe Depot.

Enclosed is one (1) original agreement. Please obtain signatures in the appropriate location and return the original agreement to the City Clerk' s Office, Attn: Michelle Taylor, P. O. Box 1318, San Bernardino, CA 92402, as soon as possible.

Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by January 30, 2004.

Please retain a
copy ofthe agreement for your jiles.

If you have any questions, please do not hesitate to contact me at ( 909) 384- 5002.

Sincerely, '!
In fcicle, ,::)::, ('''-- t.,'
Michelle Taylor
Senior Secretary
Enclosure

CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty Packet Page. 3336

OFFICE OF THE CITY CLERK
RACHEL G. CLARK, CM.C. . CITY CLERK
300 North " D" Street. San Bernardino. CA 92418- 0001
909.384. 5002. Fax: 909.384. 5158
www.ci. san- bernardino. ca.us
M
December 5, 2003
William J. Alexander
San Bernardino Associated Governments
472 N. Arrowhead Avenue
San Bernardino, CA 92401
Dear Mr. Alexander,
At the Mayor and Common Council meeting of December I, 2003, the City of San Bernardino adopted Resolution 2003- 340 - Resolution authorizing the execution ofthe second amendment to Cooperative Agreement 93- 066 among San Bernardino Associated Governments (SANBAG), the Economic Development Agency and the City of San Bernardino relative to the conveyance of title and termination ofCooperative Agreement 93- 066 concerning the Metrolink Commuter Rail Station and the Santa Fe Depot.

Enclosed is one ( 1) original agreement. Please obtain signatures in the appropriate location and return the original agreement to the City Clerk' s Office, Attn: Michelle Taylor, P. O. Box 1318, San Bernardino, CA 92402, as soon as possible.

Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by January 30, 2004.

If you have any questions, please do not hesitate to contact me at ( 909) 384- 5002.

Sincerely,
I)(d~l(~ ),<
Michelle Taylor
Senior Secretary
Enclosure

CITY OF SAN BERNARDINO
ADOPTED SHARED VALVES: Integrity. Accountability. Respect for Human Dignity. Honesty Packet Page. 3337

OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North " 0" Street. San Bernardino' CA 92418- 0001
909. 384.5002' Fax: 909.384. 5158
www.ci.san- bernardino. ca.us
December 8, 2003
William J. Alexander
San Bernardino Associated Governments
472 N. Arrowhead Avenue
San Bernardino, CA 92401
Dear Mr. Alexander,
At the Mayor and Common Council meeting of December 1, 2003, the City of San Bernardino adopted Resolution CDC/2003- 41 - Resolution authorizing the execution of the second amendment to Cooperative Agreement 93- 066 among San Bernardino Associated Governments SANBAG), the Economic Development Agency and the City of San Bernardino relative to the conveyance of title and termination of Cooperative Agreement 93- 066 concerning the Metrolink Commuter Rail Station and the Santa Fe Depot.

Enclosed is one (1) original agreement. Please obtain signatures in the appropriate location and return the original agreement to the City Clerk' s Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible.

Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by January 30, 2004.

If you have any questions, please do not hesitate to contact me at ( 909) 384- 5002.

Sincerely, ~
Il! c0-C(-<. i~)
Michelle Taylor
Senior Secretary
f
I.'
L."~.

Enclosure

CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES; Integrity' Accountability' Respect for Human Dignity' Honesty Packet Page. 3338
Governments
SAN BAG San Bernardino Associated Governments
472 N. Arrowhead Avenue Son Bernardino, CA 92401- 1421
Phone: ( 909) 884- 8276 Fax: ( 909) 885- 4407 Web: www. sonbog. co. gov f

NSPORTATION
Working Together MEASURE I
San Bernardino County Transportation Commission _ San Bernardino County Transportation Authority San Bernardino County Congestion Management Agency _ Service Authority for Freeway Emergencies December 11, 2003
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Michelle Taylor
Office of the City Clerk
P. O. Box 1318
San Bernardino, CA 92402
Dear Ms. Taylor:

Per our conversation today, I am enclosing two sets of signature pages fully executed by the SANBAG Counsel and SANBAG President to be attached to Cooperative Agreement 93- 066 between SANBAG, City of San Bernardino and the Economic Development Agency; and Cooperative Agreement 04- 040 between SANBAG and the City of San Bernardino.

As requested, please send me original signature pages for the City of San Bernardino and the Economic Development Agency to attach to my copy ofthe agreements.

It was so pleasant coordinating these documents with you. If you have any questions, please feel frec to contact me at ( 909) 884-8276.

Sincerely,
AP~~
Daylene Burris
Secretary III
Enclosure
Cities of: Adelanto. Barstow. Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand Terrace, Hesperia, Highland, Lorna Linda, Montclair, Needles, Ontario. Rancho Cucamonga, Redlands, Rlalto, San Bernardino. Twentynlne Palms, Upland, V1ctorvllle, Yucaipa Towns of: Apple Valley, Yucca Valley County or-San Bernardino Packet Page. 3339
OF~'ICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. . CITY CLERK
300 North " 0" Street. San Bernardino' CA 92418- 0001
909.384. 5002' Fax: 909.384. 5158
www.ci. san- bernardino. ca. us
SM
December 16, 2003
Daylene Burris
San Bernardino Associated Governments
472 N. Arrowhead Avenue
San Bernardino, CA 92401- 1421
Dear Ms. Burris,
As requested, I am returning the original signature pages to be attached to Cooperative Agreement 93- 066 between SANBAG, the City of San Bernardino and the Economic Development Agency; and Cooperative Agreement 04- 040 between SANBAG and the City of San Bernardino.

If you have any questions, please do not hesitate to call me at ( 909) 384- 5002.

Sincerely, .

I
J.

CI/// a& {{(
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Michelle Taylor
Senior Secretary
Enclosure

CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty Packet Page. 3340
FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **

RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date ( Date Adopted): 1'2 - \ - 03 Item #
1'"\ ~
Vote: Ayes (-., Nays ~
Change to motion to amend original documents:
rLOA 2 _ Resolution #
Abstain - e
7 Nl '<, - 3..?, ' 1
Absent .. 0..

Reso. # On Attachments: L Contract term: -
Note on Resolution of Attachment stored separately: -.

Direct City Clerk to ( circle I): PUBLISH, POST, RECORD W/ COUNTY Date Sent to Mayor: \ ' Z/ Z- c
0 .~
Date of Mayor' s Signature: \ 2-- 0' 03
Date of ClerklCDC Signature: 12.- "\ -&?,
Null/Void After: ~(\ O~" J 1- ,"" o~O~
By:

Reso. Log Updated: ./
Seal Irnpressed: ______
Date Memo/ Letter Sent for Signature: \" 2- S - O~
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:

See Attached: '/ Date Returned:

See Attached:

Request for Council Action & Staff Report Attached:

Updated Prior Resolutions ( Other Than Below):

Updated CITY Personnel Folders ( 6413, 6429, 6433, 10584, 10585, 12634):

Updated CDC Personnel Folders ( 5557):

Updated Traffic Folders ( 3985, 8234, 655, 92- 389):

Copies Distributed to:

City Attorney /
Parks & Rec.

Code Compliance Dev. Services
Police Public Services Water
Notes:

Yes~ No By
Yes No -... L
By
Yes No -.L- By
Yes No~ By
Yes No ./ B
EDA Finance ./'
rOm,,, .

MIS
Others:

BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE ( Contract Term. etc,\ Ready to File:_ Date:

Revised 01112/ 01
Packet Page. 3341
FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **

RESOLUTION AGENDA ITEM TRACKING FORM
Ayes 1-""") Abstain e-.
2003-- 3'-- 16
Vote: Nays Absente
Item # 3(JJ~
er
Meeting Date ( Date Adopted): 12- \~o3 Resolution #
Change to motion to amend original documents:

Reso. # On Attachments:..L.- Contract term: --
Note on Resolution of Attachment stored separately: -==-- Direct City Clerk to ( circle I): PUBLISH, POST, RECORD W /COUNTY NulllV oid After: '" 0 D ~'" 11- ,"G - 0'-1
By: -
Date Sent to Mayor: z:-03 Reso. Log Updated: /"
Seal Date of Mayor' s Signature: ! - Z - 3 - Impressed: .--- 0 ~ Date of Clerk/CDC Signature: (" 2-- '-\-0":1,
Date Memo/ Letter Sent for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:

I-z.- s -0 :?:, See Attached: j./"' Date Returned:

See Attached:

Request for Council Action & Staff Report Attached: Yes /' Updated Prior Resolutions ( Other Than Below): Yes
Updated CITY Personnel Folders ( 6413, 6429, 6433, 10584, 10585, 12634): Yes Updated CDC Personnel Folders ( 5557): Yes
Updated Traffie Folders ( 3985, 8234, 655, 92- 389): Yes No By
No ..L.. By
No ~ By
No -? By
No/ By
Copies Distributed to:

City Attorney /
Parks & Rec. Police Public Services Water Others:

Finance 0/'
PrO fY\ 1(\
Code Compliance Dev. Services EDA MIS
Notes:

BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE ( Contract Term. etc.) Ready to File:_ Date:

Revised 01/12/ 01
Packet Page. 3342
FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **

RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date ( Date Adopted): ! ' Z-.-l - o:?, Item # 30 C- Resolution # Vote: Ayes I- or") Nays x:r Abstain . kir
Change to motion to amend original documents:

CCC!? QJ3- 4-1
Absent (;}
Reso, # On Attachments: ~ Contract term: -
Note on Resolution of Attachment stored separately: -=- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/ COUNTY Date Sent to Mayor: l2-L-O_~
Date of Mayor' s Signature: ! 2- 3- 0'3
Date of ClerklCDC Signature: t '2- 5' o~
Date Memo/ Letter Sent for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:

See Attached:

Request for Council Action & Staff Report Attached:

Updated Prior Resolutions ( Other Than Below):

Updated CITY Personnel Folders ( 6413, 6429, 6433, 10584, 10585, 12634):

Updated CDC Personnel Folders ( 5557):

Updated Traffic Folders ( 3985, 8234, 655, 92- 389):

Copies Distributed to:

City Attorney /
Parks & Rec,
Code Compliance Dev, Services
Police Public Services Water
Notes:

NulUVoid After: ~ n DAJj 11- 3(j~' j
I
By: -
Reso, Log Updated:

Seal Impressed:

Date Returned:

YesL No By
Yes No~ By
Yes No ---- L.. By
Yes No --L By
Yes NoL By
EDA Finance MIS
Others: f\[)lhl(\
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE ( Contract Term. etc.) Ready to File:_ Date:

Revised 01/12/ 01
Packet Page. 3343

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: July 15, 2026
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Approval of a Four-Year (One-Year Initial Term Plus Three Optional Renewals) Tree Maintenance Services
Agreement with West Coast Arborists Utilizing the City of Fontana Cooperative Contract, with an Annual Not-toExceed Amount of $1,600,000 and Total Potential Authorization of $6,400,000 (All Wards)
Recommendation:

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

1. Approve a Maintenance Service Agreement with West Coast Arborists, Inc. for Citywide Tree Maintenance Services utilizing the City of Fontana's competitively awarded Tree Maintenance Services Contract No. PW-24-191-SP, for an initial term beginning July 15, 2026, through June 30, 2027, with an annual not-toexceed amount of $1,600,000 and with three additional one-year extension options at the City's sole discretion, in a total not-to-exceed amount of $6,400,000; and

2. Authorize the City Manager, or designee, to execute the Agreement and any non-substantive amendments necessary to carry out the intent of the Agreement.

City Manager's Comments
The City Manager recommends approval
Executive Summary
Public Works is requesting approval of a Cooperative Purchasing Agreement with West Coast Arborists, Inc. for citywide tree maintenance services utilizing the City of Fontana’s competitively awarded Tree Maintenance Services Contract No. PW-24- 191-SP.

Packet Page. 3344
The proposed agreement provides citywide tree maintenance services through a competitively procured cooperative purchasing contract previously awarded by the City of Fontana. Services include routine pruning, hazardous tree removal, emergency response, tree planting, arborist evaluations, and related urban forestry services.

Compensation is based on fixed unit prices for work actually performed, with annual expenditures not to exceed $1.6 million. Funding is included within the Public Works operating budget and no additional appropriation is requested.

Background
The City of San Bernardino maintains a large urban forest consisting of trees located within public rights-of-way, landscaped medians, parks, and other City-owned properties. Routine tree maintenance services are necessary to preserve public safety, protect public infrastructure, maintain community aesthetics, and promote the longterm health of the City's urban forest.

The City has historically contracted with West Coast Arborists, Inc. (WCA) to provide citywide tree maintenance services, including routine pruning, tree removals, emergency response services, stump removal, root pruning, tree planting, arborist evaluations, and related urban forestry services.

In 2024, the City of Fontana conducted a formal competitive procurement process through Request for Proposals No. PW-24-191-SP for Tree Maintenance Services.

The solicitation included a cooperative purchasing provision allowing other public agencies to utilize the awarded contract under the same pricing, terms, and conditions.

Following evaluation of proposals received, the City of Fontana awarded the contract to West Coast Arborists, Inc. as the most qualified, responsive, and responsible proposer.

West Coast Arborists has offered to extend the same pricing, terms, and conditions established through the City of Fontana contract to the City of San Bernardino through a cooperative purchasing agreement.

Discussion
Public Works is requesting approval of a Cooperative Purchasing Agreement with West Coast Arborists, Inc. for Citywide Tree Maintenance Services utilizing the City of Fontana's competitively awarded Tree Maintenance Services Contract No. PW-24- 191-SP.

Utilizing a cooperative purchasing agreement allows the City to leverage pricing and contractual terms obtained through a formal competitive solicitation process while avoiding the administrative costs and time associated with conducting a separate procurement. The City of Fontana's solicitation included provisions specifically authorizing participation by other public agencies and resulted in the award of a contract to West Coast Arborists, Inc. following a competitive evaluation process.

The proposed agreement will provide comprehensive tree maintenance services Packet Page. 3345
throughout the City, including routine grid pruning, service request pruning, palm tree maintenance, tree and stump removals, root pruning, root barrier installation, tree planting, arborist services, emergency response services, GPS tree inventory services, and specialty equipment and crew rentals as needed to support Public Works operations.

The agreement is based on unit pricing, with compensation determined by the actual quantities and types of services performed at the contract’s established per-unit rates.

The annual expenditures will vary based on the City’s operational needs but will not exceed the annual not-to-exceed amount of $1,600,000.

Approval of the agreement will ensure the continued maintenance of the City's urban forest, improve public safety by addressing hazardous tree conditions, protect public infrastructure from tree-related damage, and maintain the appearance of public spaces throughout the community.
2021-2025 Strategic Targets and Goals
This request aligns with the Key Strategic Goal No. 1 – Increased Operational and Financial Capacity, by providing the necessary authorization to maintain essential tree maintenance services, protect public infrastructure, preserve the health of the City's urban forest, and support informed asset management and maintenance planning.

This agreement ensures Public Works can continue addressing routine and emergency tree maintenance needs in a safe, efficient, and fiscally responsible manner.

Fiscal Impact
The agreement authorizes expenditures of up to $1,600,000 annually, for a maximum cumulative authorization of $6,400,000 if all three one-year renewal options are exercised. Actual expenditures will depend on the quantity of services requested and completed and are not guaranteed.

Services will be funded through annually appropriated Public Works operating budgets supported by General Fund, Gas Tax, and Landscape Maintenance District revenues.

No additional appropriation is requested through this action. Future renewals remain subject to annual budget approval by the Mayor and City Council.

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

1. Approve a Maintenance Service Agreement with West Coast Arborists, Inc. for Citywide Tree Maintenance Services utilizing the City of Fontana's competitively awarded Tree Maintenance Services Contract No. PW-24-191-SP, for an initial term beginning July 15, 2026, through June 30, 2027, with an annual not-toexceed amount of $1,600,000 and with three additional one-year extension Packet Page. 3346
options at the City's sole discretion, in a total not-to-exceed amount of $6,400,000; and

2. Authorize the City Manager, or designee, to execute the Agreement and any non-substantive amendments necessary to carry out the intent of the Agreement.

Attachments
Attachment 1 West Coast Arborists Maintenance Service
Agreement
Attachment 2 City of Fontana Contract Agreement Tree
Maintenance Services PW-24-191-SP
Attachment 3 City of Fontana RFP PW-24-191-SP
Attachment 4 West Coast Arborists Proposal Letter and
Services Rates
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
CC: Eric Levitt, City Manager

Packet Page. 3347
- 1 -
55600.00100\44548380.1

CITY OF SAN BERNARDINO

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 15th day of July, 2026 by and between the City of San Bernardino, a municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”) and West Coast Arborists, Inc., a California corporation with its principal place of business at 2200 East Via Burton Street, Anaheim, California 92806 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. Agreement.

2. RECITALS.

2.1 Contractor.

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

Contractor represents that it is experienced in providing Tree Maintenance Services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City.

Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Cooperative Procurement Source.

The City of Fontana issued Request for Proposals No. PW-24-191-SP for Tree Maintenance Services and thereafter awarded a contract to West Coast Arborists, Inc. for such services. On or about October 12, 2024, the City of Fontana and West Coast Arborists, Inc. entered into an agreement for Tree Maintenance Services, with an initial term commencing January 1, 2025 and ending June 30, 2027, with up to three (3) additional one-year extensions at the City of Fontana’s sole discretion. The solicitation documents for Request for Proposals No. PW-24-191-SP expressly provide that other public agencies may participate in any award resulting therefrom at the same pricing.

2.3 Authority.

Public Contract Code section 10298(a) authorizes cooperative purchasing by public agencies. City Resolution No. 2023-020, adopted January 18, 2023, approved the City’s Purchasing Policy, which authorizes cooperative purchases under Section V(b) when determined to be in the City’s best interest.

2.4 Project.

City desires to engage Contractor to render such services for the Tree Maintenance Services project (“Project”) as set forth in this Agreement.

Packet Page. 3348
- 2 -

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from July 15, 2026 to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than three (3) additional one-year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Contractor.

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

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

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

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

Packet Page. 3349
- 3 -

3.2.5 Contractor’s Representative. Contractor hereby designates [***INSERT NAME OR TITLE***], or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement.

The Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

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

3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).

Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor.

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

3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written Packet Page. 3350
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notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.

Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its subsections.

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

3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake Packet Page. 3351
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self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

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

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

3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent
applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000—14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Packet Page. 3352
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Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance.

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

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

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

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

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’s Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor.

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(D) All Coverages. Each insurance policy required by
this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (ten (10) days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

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

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

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

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

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

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

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

3.2.14 Work Site.

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

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

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

3.2.16 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period Packet Page. 3356
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of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The annual compensation under this Agreement shall not exceed One Million Six Hundred Thousand Dollars ($1,600,000) during any fiscal year without written approval of the City Manager or designee. The total cumulative compensation under this Agreement, including all renewal terms, shall not exceed Six Million Four Hundred Thousand Dollars ($6,400,000) without approval by the Mayor and City Council. Extra Work may be authorized as described herein and, if authorized, shall be compensated at the rates and in the manner set forth in this Agreement.

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

3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is Packet Page. 3357
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entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

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

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

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

3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is one thousand dollars ($1,000) or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code Section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

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

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Packet Page. 3358
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Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4 Termination of Agreement.

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

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

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

3.5 General Provisions.

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

Contractor:

West Coast Arborists, Inc.
2200 East Via Burton Street
Anaheim, CA 92806
Attn: Pat Mahoney
City:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Lynn Merrill, Public Works Director
With Copy To:

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

3.5.2 Indemnification.

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

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

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

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

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

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

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

3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

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

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

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

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

3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Packet Page. 3361
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Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

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

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

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

3.5.19 Fleet Compliance.

3.5.19.1 To the extent applicable, Contractor, shall comply, and shall ensure all subcontractors comply, with all requirements of the most current version of the California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”). A Fleet Compliance Certification form is attached hereto to this Agreement as Exhibit “D” and incorporated herein by this reference.

3.5.19.2 Throughout Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet including, without limitation, the CRCs, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.

3.5.19.3 Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.

Packet Page. 3362
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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND WEST COAST ARBORIST, INC
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

Eric Levitt,
City Manager
ATTESTED BY:

Telicia Lopez,
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
WEST COAST ARBORIST, INC.

By:

Its:

Printed Name:

Pat Mahoney
____________________________________
Contractor’s License Number
____________________________________
DIR Registration Number
Packet Page. 3363

EXHIBIT A

SCOPE OF SERVICES
Tree Maintenance Services Scope of Services as per terms, conditions, and specifications of PW-24-191-SP.

Packet Page. 3364

EXHIBIT B

EXHIBIT A
Packet Page. 3365

EXHIBIT C

COMPENSATION
Compensation shall be in accordance with the rates set forth in PW-24-191-SP.

Packet Page. 3366

EXHIBIT C
Packet Page. 3367

EXHIBIT D

FLEET COMPLIANCE CERTIFICATION
Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:
 The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.  The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.  Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).
 The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).  The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.

Name of Bidder:_________________________________________________ Signature: __________________________________________________ Name: __________________________________________________ Title: __________________________________________________ Date: __________________________________________________ Packet Page. 3368

EXHIBIT E
Packet Page. 3369
Docusign Envelope ID: F81DE188-FFC1-48CD-87FO-F7848D93E3F1

CITY OF FONT ANA

CONTRACT AGREEMENT

TREE MAINTENANCE SERVICES
TRACKING NUMBER: PW-24-191-SP

1. PARTIES AND DATE.

This Agreement is made and entered on October 12, 2024 by and between the City of Fontana, a municipal corporation of the State of California, located at 8353 Sierra Avenue, Fontana, California 92335 (hereinafter referred to as the "City") and West Coast Arborists, Inc., a Corporation with its principal place of business at 220 E. Via Burton, Anaheim, CA 92806 (hereinafter referred to as the "Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain Tree Maintenance Services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing Tree Maintenance Services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City.

2.2 Project.

City desires to engage Contractor to render such maintenance services for the Tree Maintenance Services project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

Agreement
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3.1.2 Term. The term of this Agreement shall be from January 1, 2025 to June 30, 2027, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The term of the agreement can be extended for three (3) 1-year extensions at the City's sole discretion.

3.1.3 Incorporation of Bid Documents, This Agreement includes and hereby incorporates by reference herein the bid documents submitted to prospective bidders of the service including all exhibits, drawings, specifications and documents therein including attachments and addenda thereto. The documents include:
a. Proposal RFP
b. Bid Specifications
c. Addendums
d. Maps

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Contractor shall obtain a City of Fontana Business License and provide evidence of the same to the City's Representative.

3.2.2 Schedule of Seryjces, Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.

Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requjrements. All work prepared by Contractor shall be subject to the approval of City.
16498.00150\32126938.1
Contract Agreement
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3.2.4 Cjty's Representative. The City hereby designates Public Works Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee.

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

3.2.6 Coordjpatjon of Seryjces, Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Contractors and other staff at all reasonable times.

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

3.2. 7.1 Period of Performapce. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time").
16498.00150\32126938.1
Contract Agreement
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Docusign Envelope ID: F81DE188-FFC1-48CD-87F0-F7848D93E3F1

3.2.8 Laws and Regulatjons. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.9 Insurance.

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

3.2.9.2 Mjnjmum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minjmum Scope of Insurance, Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001 ); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
(B) Minjmum � .o.f Insurance, Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:
$1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease.

Contract Agreement
4 16498.00150\32126938. I
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3.2.9.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Ljabjljty. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. (B) Aytomobjle Ljabjljty. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or selfinsurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way.
(C) Workers' Compensation acw. Employer's Uabmty
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coyeraqes. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

3.2.9.4 Separation Qf lnsureds: No Specjal Ljmjtatjons, All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 16498.00150\32126938.1
Contract Agreement
5 Packet Page. 3374
Docusign Envelope ID: F81DE188-FFC1-48CO-87F0-F784BD93E3F1

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

3.2.9.6 Acceotabiljty of Insurers, Insurance is to be placed with insurers with a current AM. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.2.9. 7 Yerjficatjon of Coverage, Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

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

3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (8) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

3.3.1 Compensation, Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
16498.00150\32126938.1
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3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon.

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

3.3.4 Extra Work, At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.

3.3.5 Preyamng Wages, Contractor is aware of the requirements of California Labor Code Section 1720, et seg" and 1770, et sea" as well as California Code of Reguiations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of 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. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site.

Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.6 Eight-Hour Law. Pursuant to the provisions of the California Labor Code, eight hours of labor shall constitute a legal day's work, and the time of service of any worker employed on the work shall be limited and restricted to eight hours during any one calendar day, and forty hours in any one calendar week, except when payment for overtime is made at not less than one and one-half the basic rate for all hours worked in excess of eight hours per day. Contractor shall forfeit to City as a penalty, $50.00 for each worker employed in the execution of this Agreement by him, or by any sub- Contractor under him, for each calendar day during which such workman is required or permitted to work more than eight hours in any calendar day and forty hours in any one calendar week without such compensation for overtime violation of the provisions of the California Labor Code. !6498.00150\32126938. I
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3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation.

Contractor may not terminate this Agreement except for cause.

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

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

3.5.2 Deljvery of Notjces, All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose:

CONTRACTOR:

West Coast Arborists, Inc.
2200 E. Via Burton
Anaheim, CA 92806
Attn: Nick Alago
16498.00150\32126938.l
CITY:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attn: Dan West
Contract Agreement
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Docusign Envelope ID: F81DE188-FFC1-48CD-87FO-F7848D93E3F1 Such notice shall be deemed made when personally delivered or when mailed, fortyeight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Employment of Apprentices. This Agreement shall not prevent the employment of properly indentured apprentices in accordance with the California Labor Code, and no employer or labor union shall refuse to accept otherwise qualified employees as indentured apprentices on the work performed hereunder solely on the ground of race, creed, national origin, ancestry, color or sex. Every qualified apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade in which he or she is employed and shall be employed only in the craft or trade to which he or she is registered.

3. 5. 3.1 If California Labor Code Section 1777 .5 applies to the Services, Contractor and any subcontractor hereunder who employs workers in any apprenticeable craft or trade shall apply to the joint apprenticeship council administering applicable standards for a certificate approving Contractor or any sub-Contractor for the employment and training of apprentices. Upon issuance of this certificate, Contractor and any sub-Contractor shall employ the number of apprentices provided for therein, as well as contribute to the fund to administer the apprenticeship program in each craft or trade in the area of the work hereunder.

3.5.3.2 The Parties expressly understand that the responsibility for compliance with provisions of this Section and with Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code in regard to all apprenticeable occupations lies with Contractor.

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

3.5.5 Attorney's Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney's fees and all other costs of such action.

3.5.6 lndemnjfication. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage, or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, Contractors, and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind 16498.00150\32I26938.l
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9 Packet Page. 3378
Docusign Envelope ID: F81DE188-FFC1-48CD-87F0-F784BD93E3F1 that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

3.5. 7 Entjre Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.

3.5.8 Goyernjng Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

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

3.5.1 o City's Right to Employ Other Contractors, City reserves right to employ other contractors in connection with this Project.

3.5.11 Successors and Assjgns, This Agreement shall be binding on the successors and assigns of the Parties.

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

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

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

3.5.14 Amendment: Modjficatjon. This Agreement may be amended pursuant to a writing signed by both Parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 16498.00150\32126938.1
Contract Agreement
10 Packet Page. 3379
Docusign Envelope ID: F81DE188-FFC1-48CD-87FO-F784BD93E3F1

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

3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.17 lnvalidjty: Severabjljty. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.18 Prohjbited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.19 Equal Opportunity Employment, Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

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

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

3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
16498.00150\32126938.1
Contract Agreement
11 Packet Page. 3380
Docusign Envelope ID; F81DE188-FFC1-48CD-87F0-F784BD93E3F1

3.5.23 Suspensjon of Seryjces, Notwithstanding any other provision of this Agreement to the contrary, the Services performed by the Contractor may be suspended by the City, in whole or in part, from time to time, when determined by the City in writing, in its sole discretion, that suspension is necessary and in the interest of the City. The Contractor shall comply immediately with any written order by the City suspending the Services. The Services shall be suspended until receipt by the Contractor of a written commencement order from the City. Further, and notwithstanding any other provision of this Agreement to the contrary, any such suspension shall not relieve the Contractor of any of its obligations under this Agreement. Further, and notwithstanding any other provision of this Agreement to the contrary, any such suspension shall be without any liability to the Contractor on the part of the City, and the Contractor shall not be entitled to any additional compensation as a result of such suspension.

3.6 Subcontracting.

3.6.1 Prjor Approval Reqyjred, Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
16498.00150\32126938.1
[SIGNATURES ON FOLLOWING PAGE]
Contract Agreement
12 Packet Page. 3381
Docusign Envelope ID: F81DE188-FFC1-48CD-87F0-F784BD93E3F1 OlJJ

CITY OF FONTANA
By: � l, {)�t,u,,
Attest:

Matthew C. Ballantyne
City Manager

CITY OF FONTANA

SIGNATURE PAGE
CONTRACT NO: PW-24-191-SP
WEST COAST ARBORIST, INC.

By:

Patrick Mahoney
President
By: bU'\l\tUt,u,, � ¼
Germaine McClellan Key
City Clerk
By: P&.iW,, �
Phillip Burum
Deputy City Manager
Approved as to form:

Best Best & Krieger LLP
City Attorney
By:

Gia Kim
Public Works Director/City Engineer

IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS
$flt By: �t,sf.u,_ L v�ss
Rakesha Voss
Human Resources & Risk Management Director

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES Jessica Brown
Chief Financial Officer
J 6498.00150\32126938.1
Sid Lambert
Purchasing Manager
Contract Agreement
13 Packet Page. 3382
Docusign Envelope ID: F81DE188-FFC1-48CD-87F0-F784BD93E3F1 EXHIBIT "A"

SCOPE OF SERVICES
Tree Maintenance Services Scope of Services as per terms, conditions, and specifications of PW-24-191-SP.
16498.00150\32126938.1
Contract Agreement
14 Packet Page. 3383
Docusign Envelope ID: F81DE188-FFC1-48CD-87F0-F784BD93E3F1 EXHIBIT "B"

PROPOSER'S PROPOSAL
West Coast Arborist's Tree Maintenance Services, PW-24-191-SP, proposal on file at the City of Fontana, Purchasing Office.
16498.00150\32126938. I
Contract Agreement
15 Packet Page. 3384
Docusign Envelope ID: F81DE188-FFC1-48CD-87F0-F784BD93E3F1 EXHIBIT "C"

COMPENSATION AND SCHEDULE OF PRICE
Compensation and schedule of prices attached behind this page. 16498.00150\32126938. l
Contract Agreement
51 Packet Page. 3385
Docusign Envelope ID: F81DE188-FFC1-48CD-87F0-F784BD93E3F1 (SUBMIT ONLINE WITH PROPOSAL)

PROPOSAL SUMMARY SHEET
Tree Maintenance Services, PW-24-191-SP
NAME OF PROPOSER: West Coast Arborists, Inc.

DESCRIPTION UNIT

1. 2.

3. 4.

ROUTINE ANNUAL TREE TRIMMING
ON GRID BASIS per tree

AESTHETIC OR SERVICE REQUEST
PRUNING:
a. 0-6" dbh per tree
b. 7"-12" dbh per tree
c. 13" - 18" dbh per tree
d. 19" - 24" dbh per tree
e. 25" - 36" dbh per tree
f. 37" dbh & over per tree
PALM TREE TRIMMING:
a. King or Queen Palm, any size per tree
b. Washingtonia Palm, any size per tree
c. Canary Island Date Palm, any size per tree
TREE REMOVAL:
a. Tree and Stump Removal, 0 - 24" dbh per diameter inch b. Tree and Stump Removal, over 25" dbh per diameter inch c. Tree Removal only, 0 - 24" dbh per diameter inch
d. Tree Removal only, over 25" dbh per diameter inch
e. Stump Removal only per diameter inch
f. Root Pruning per linear foot
g. Root Barrier Installation per linear foot
Proposal Summary Sheet
51 PRICE
$ 80.00
$ 80.00
$ 80.00
$ 115.00
$ 175.00
$ 225.00
$ 275.00
$ 60.00
$ 80.00
$ 115.00
$ 43.00
$ 53.00
$ 33.00
$ 43.00
$ 19.00
$ 33.00
$ 33.00
Packet Page. 3386
Docusign Envelope ID: F81DE188-FFC1-48CD-87F0-F784BD93E3F1

DESCRIPTION UNIT

5. TREE PLANTING
(includes labor, tree and 90 day watering):
a. 15 Gallon Tree per tree
b. 15 Gallon Tree w/ Root Barrier per tree
c. 24" Box Tree per tree
d. 24" Box Tree w/ Root Barrier per tree
e. 36''. Box Tree per tree
f. 36" Box Tree w/ Root Barrier per tree

6. TREE WATERING perday

7. ON CALL and EMERGENCY CREW RENTAL
3 MAN CREW WITH EQUIPMENT:
(including truck, chipper and aerial lift)
a. During Regular Work Hours per hour
b. After Hours Work per hour

8. SMALL TREE CARE perday

9. SPECIAL TY EQUIPMENT w/ Operator:
a. Crane (15 ton minimum) per hour
b. Loader per hour
c. Roll Off Container per hour
d. 95' Aerial Tower per hour

10. PEST CONTROL APPLICATION per tree

11. ARBORIST SERVICES (i.e. tree evaluations
Including written reports and photographs) per hour

12. GPS TREE INVENTORY per tree site

13. TREE INVENTORY SOFTWARE annually
Proposal Summary Sheet
52 PRICE
$ 195.00
$ 220.00
$ 395.00
$ 420.00
$ 1,150.00
$ 1,250.00
$ 800.00
$ 300.00
$ 375.00
$ 800.00
$ 170.00
$ 1,0.00
$ 170.00
$ 170.00
$ 170.00
$ 170.00
$ 4.00
$ 0.00

COOPERATIVE PURCHASE
It is intended that any other public agency (e.g., city, county district, public authority, public agency, municipality, and other political subdivision or public corporation) shall have the option to participate in any award made as a result of this solicitation at the same prices. The City shall incur no financial responsibility in connection with any purchase by another public agency. The public agency shall accept sole responsibility for placing orders and making payments to the vendor.

Packet Page. 3387
Docusign Envelope ID: F81DE188-FFC1-48CD-87FO-F784BD93E3F1 FROM:

File#: 21-3057
Agenda#: L.

Public Works
SUBJECT:

City of Fontana
Action Report
City Council Meeting
Award Bid for City-Wide Tree Maintenance Services (PW-24-191-SP) RECOMMENDATION:
8353 Sierra Avenue
Fontana, CA 92335
Agenda Date: 6/25/2024
Category: Consent Calendar

1. Award bid and authorize the City Manager to execute a contract with West Coast Arborists, Inc. of Anaheim, CA for City-Wide Tree Maintenance Services. The contract term shall be for two and a half (2.5) years with three (3) additional one-year extensions at the City's sole discretion.

2. Approve and authorize the City Manager to execute any future contract amendments to this contract with West Coast Arborists, Inc. for City-Wide Tree Maintenance Services.

COUNCIL GOALS:
• Invest in the City's infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
• Invest in the City's infrastructure (streets, sewers, parks, etc.) by improving the aesthetics of the community through code enforcement, street sweeping, and landscape maintenance.

DISCUSSION:

The Public Works Department currently maintains over 61,000 trees located in the City's parks, landscape, and right-of-way areas. The scope of work includes annual grid trimming, service request trimming, emergency response services, pest control, tree plantings, tree removals, and GIS based tree inventory services.

Our current annual tree maintenance contract period runs from January 1 to December 31, which does not align with the City's fiscal budget period and causes various budget adjustment issues. In addition, the current contract is approaching the end of its original 10-year term, and staff are expecting another price adjustment request from the contractor prior to the contract's expiration. As a result, staff decided to solicit this RFP for a new contract with a term that better aligns with the City's budget calendar. The proposed initial 2.5-year contract term will also prohibit any price increases until June 30th, 2027.

The formal bidding process has been completed in conformance with the City's purchasing policies.

Public Works Department staff evaluated the four (4) proposals received with assistance from the City's Purchasing Department. Grid Trimming is the main category of service performed as part of this contract. The proposed unit prices for grid trimming in the 4 proposals received ranged between $78.00 to $85.00, compared to the current unit price of $62.60 per tree.

City of Fontana Page 1 of2 Printed on 6/20/2024
powered by Legistarn 1 OS
Packet Page. 3388
Docusign Envelope ID: F81DE188-FFC1-48CD-87FO-F784BD93E3F1 File#: 21-3057
Agenda#: L.

Agenda Date: 6/25/2024
Category: Consent Calendar
Staff recommends that West Coast Arborists of Anaheim, CA be awarded the contract for these services as they were determined to be the most qualified, responsible, and responsive bidder. This proposed contract will be for an initial two and a half (2.5) year period, with three (3) additional oneyear extensions at the City's sole discretion, effective January 1, 2025.

FISCAL IMPACT:

The total fiscal impact associated with the approval of this item is $1,702,647 in fiscal year 2024/2025, $908,432 from the General Fund, and $794,215 from the various LMD's and CFD's where these activities will be performed.

Current FY 2024/2025 budgeted funding in the General Fund for these activities is $832,840. The Public Works Department will request an additional $75,600 from General Fund balance as part of the FY 24/25 mid-year budget adjustment to fully fund the first year of the contract.

The appropriate amounts of funding are included in the City's current FY 2024/2025 budget for the LMD and CFO funded areas where these activities will be performed.

MOTION:

Approve Staff Recommendation
City of Fontana Page 2 of 2 Printed on 6/2012024
powered by Legistarn 1 OS
Packet Page. 3389
Docusign Envelope ID: F81DE188-FFC1-48CD-87FO-F7848D93E3F1 Tree Maintenance Services
SP-01-PW-16
RFP Evaluations
Firms Total Score
West Coast Arborists, Inc.

Mariposa
United Pacific Services, Inc.

Ramirez Tree Service
93%
78%
72%
40%
107
Packet Page. 3390
Docusign Envelope ID: F81DE188-FFC1-48CD-87FO-F784BD93E3F1 (SUBMIT ONLINE WITH PROPOSAL)

PROPOSAL SUMMARY SHEET
Tree Maintenance Services, PW-24-191-SP
NAME OF PROPOSER: West Coast Arborists, Inc.

DESCRIPTION UNIT

1. 2.

3. 4.

ROUTINE ANNUAL TREE TRIMMING
ON GRID BASIS per tree

AESTHETIC OR SERVICE REQUEST
PRUNING:
a. 0-6" dbh per tree
b. 7"-12" dbh per tree
c. 13" -18" dbh per tree
d. 19" -24" dbh per tree
e. 25"-36" dbh per tree
f. 37" dbh & over per tree
PALM TREE TRIMMING:
a. King or Queen Palm, any size per tree
b. Washingtonia Palm, any size per tree
c. Canary Island Date Palm, any size per tree
TREE REMOVAL:
a. Tree and Stump Removal, 0 -24" dbh per diameter inch b. Tree and Stump Removal, over 25" dbh per diameter inch c. Tree Removal only, 0 -24" dbh per diameter inch
d. Tree Removal only, over 25" dbh per diameter inch
e. Stump Removal only per diameter inch
f. Root Pruning per linear foot
g. Root Barrier Installation per linear foot
Proposal Summary Sheet
51 PRICE
$ 80.00
$ 80.00
$ 80.00
$ 115.00
$ 175.00
$ 225.00
$ 275.00
$ 60.00
$ 80.00
$ 115.00
$ 43.00
$ 53.00
$ 33.00
$ 43.00
$ 19.00
$ 33.00
$ 33.00
108
Packet Page. 3391
Docusign Envelope ID: F81DE188-FFC1-48CD-87F0-F784BD93E3F1

DESCRIPTION UNIT

5. TREE PLANTING
(includes labor, tree and 90 day watering):
a. 15 Gallon Tree per tree
b. 15 Gallon Tree w/ Root Barrier per tree
c. 24" Box Tree per tree
d. 24" Box Tree w/ Root Barrier per tree
e. 36" Box Tree per tree
f. 36" Box Tree w/ Root Barrier per tree

6. TREE WATERING per day

7. ON CALL and EMERGENCY CREW RENTAL
3 MAN CREW WITH EQUIPMENT:
(including truck, chipper and aerial lift)
a. During Regular Work Hours per hour
b. After Hours Work per hour

8. SMALL TREE CARE per day

9. SPECIAL TY EQUIPMENT w/ Operator:
a. Crane (15 ton minimum) per hour
b. Loader per hour
c. Roll Off Container per hour
d. 95' Aerial Tower per hour

10. PEST CONTROL APPLICATION per tree

11. ARBORIST SERVICES (i.e. tree evaluations
Including written reports and photographs) per hour

12. GPS TREE INVENTORY per tree site

13. TREE INVENTORY SOFTWARE annually
Proposal Summary Sheet
52 PRICE
$ 195.00
$ 220.00
$ 395.00
$ 420.00
$ 1,150.00
$ 1,250.00
$ 800.00
$ 300.00
$ 375.00
$ 800.00
$ 170.00
$ 170.00
$ 170.00
$ 170.00
$ 170.00
$ 170.00
$ 4.00
$ 0.00
109

Packet Page. 3392
Certificate Of Completion
Envelope Id: F81DE188-FFC1-48CD-87F0-F784BD93E3F1
Subject: WCA- Tree Maintenance Services PW-24-191-SP
Source Envelope:

Document Pages: 23
Certificate Pages: 7
AutoNav: Enabled
Envelopeld Stamping: Enabled
Signatures: 9
Initials: 2
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Record Tracking
Status: Original
12/12/20241 07:03 PM
Signer Events
Patrick Mahoney
[email protected]
President
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 12/12/2024107:15 PM
ID: 42fa74f6-b77d-4557-b1d1-19775b59d725
Dan West
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 12/15/2024 I 08:47 AM
ID: 841afbeb-0910-4512-9f9d-31c7811fa65b
Gia Kim
[email protected]
Public Works Director/City Engineer
City of Fontana
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 12/16/2024 I 07:19 AM
ID: d44c0e56-7fda-44aa-8018-8bb1ff75545f
Phillip Burum
[email protected]
Deputy City Manager
City of Fontana
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 12/16/2024 I 11:19AM
ID: c50ca1e9-2c13-47e8-8c51-71bf9bbd9abe
Holder: Purchasing Office
[email protected]
Signature
Signature Adoption: Drawn on Device
Using IP Address: 17 4.195.198.57
Signed using mobile
Q(}J
Signature Adoption: Pre-selected Style
Using IP Address: 47.152.78.253
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.123
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.96
Status: Completed
Envelope Originator:

Purchasing Office
8353 Sierra Avenue
Fontana, CA 92335
[email protected]
IP Address: 192.146.186.96
Location: DocuSign
Timestamp
Odocusign
Sent: 12/12/2024107:14 PM
Viewed: 12/12/20241 07:15 PM
Signed: 12/12/2024107:15 PM
Sent: 12/12/2024107:15 PM
Viewed: 12/15/20241 08:47 AM
Signed: 12/15/2024108:48 AM
Sent: 12/15/2024 I 08:49 AM
Viewed: 12/16/2024107:19AM
Signed: 12/16/20241 07:19 AM
Sent 12/16/20241 07:19 AM
Viewed: 12/16/2024 I 11:19AM
Signed: 12/16/2024111 :19 AM
Packet Page. 3393
Signer Events
Susan Mendoza
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Rakesha L Voss
[email protected]
Director, Human Resources & Risk Mgmt.

City of Fontana
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 12/16/2024112:34 PM
ID: 362b3602-0f4c-43db-g884-fa88b0af9f84
Ruben Duran
[email protected]
City Attorney
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 12/19/2024 I 07:03 AM
ID: 4e9e270f-21 ad-413f-b976-694d4b0ca923
Sid Lambert
[email protected]
Purchasing Office
Paragon Partners Consultants, Inc.

Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Jessica Brown
[email protected]
Chief Financial Officer
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 1/6/20251 08:30 AM
ID: 16f27b4d-a581-4427-9101-afbcc61 e8f37
Matthew C. Ballantyne
[email protected]
City Manager
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 1/6/2025 I 08:40 AM
ID: 7 4beb03c-18e4-4d32-b9d5-cd84121 f9bc8
Signature
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.96
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.96
Signature Adoption: Pre-selected Style
Using IP Address: 108.185.61.125
Signed using mobile
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.96
Signature Adoption: Pre-selected Style
Using IP Address: 146.75.146.147
Signed using mobile
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.96
Timestamp
Sent: 12/16/2024107:19AM
Viewed: 12/16/2024 I 08:42 AM
Signed: 12/16/2024 I 08:43 AM
Sent: 12/16/2024 I 11:19AM
Viewed: 12/16/2024112:34 PM
Signed: 12/16/2024112:34 PM
Sent: 12/16/2024111 :19 AM
Resent: 12/17/2024110:30 AM
Viewed: 12/19/2024 I 07:03 AM
Signed: 12/19/2024 I 07:04 AM
Sent: 12/19/2024 I 07:04 AM
Viewed: 12/19/20241 08:18 AM
Signed: 12/19/20241 08:19 AM
Sent: 12/19/2024 I 08:19 AM
Viewed: 1/6/2025 I 08:30 AM
Signed: 1/6/2025 I 08:31 AM
Sent: 1/6/20251 08:31 AM
Viewed: 1/6/20251 08:40 AM
Signed: 1/6/20251 08:41 AM
Packet Page. 3394
Signer Events
Germaine McClellan Key
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 1/6/2025 I 09:03 AM
ID: 8797f094-0971-4b 7a-a 7 43-f2a6e 12ef154
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Kathy Kasinger
[email protected]
Records Coordinator
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 12/16/2024 I 02:43 PM
ID: 6bd04073-f943-4e 10-b 7b6-a 78c72c3bde2
Laurie Miller
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 7/25/2024 111 :01 AM
ID: aa92e6a1-1c3a-494c-b165-85f263049fe5
Ticha Loera
[email protected]
Pumpman LLC
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 12/16/2024 I 01:48 PM
ID: 9682aeee-6fa9-478a-9067-e979eec14934
Brian Clements
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 12/18/2024 I 04:34 PM
ID: 4752a3d8-2afc-4d06-819c-95e25ec046c5
Witness Events
Notary Events
Signature
Signature Adoption: Pre-selected Style
Using IP Address: 107.201.246.59
Signed using mobile
Signature
Status
Status
Status
Status
Status
COPIED
COPIED
COPIED
COPIED
Signature
Signature
Timestamp
Sent: 1/6/20251 08:41 AM
Viewed: 1/6/2025 I 09:03 AM
Signed: 1/6/2025 I 09:03 AM
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Sent: 1/6/20251 09:03 AM
Sent: 1/6/20251 09:03 AM
Sent: 1/6/20251 09:03 AM
Sent: 1/6/2025 I 09:04 AM
Viewed: 1/6/2025 I 09:05 AM
Timestamp
Timestamp
Packet Page. 3395
Envelope Summary Events
Envelope Sent
Certified Delivered
Signing Complete
Completed
Payment Events
Status
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Status
Electronic Record and Signature Disclosure
Timestamps
12/12/20241 07:14 PM
1/6/20251 09:03 AM
1/6/20251 09:03 AM
1/6/20251 09:04 AM
Timestamps
Packet Page. 3396
Electronic Record and Signature Disclosure created on: 2/2/2017 I 06:54 AM Parties agreed to: Patrick Mahoney, Dan West, Gia Kim, Phillip Burum, Rakesha L Voss, Ruben Duran, Jessica Brown, Matthew C. Ballantyne, Germaine McClellan f

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FO TANA

CALIFORNIA

CITY OF FONT ANA

CALIFORNIA

REQUEST FOR PROPOSALS
FOR

TREE MAINTENANCE SERVICES
PW-24-191-SP
SUBMISSION DEADLINE:

April 30, 2024 @ 2:00 pm

PROPOSALS MUST BE SUBMITTED ELECTRONICALLY
Hard Copies will NOT be accepted as a viable proposal
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TABLE OF CONTENTS

ITEM PAGE
REQUEST FOR PROPOSALS 1
INSTRUCTIONS TO PROPOSERS 2
EVALUATION AND SELECTION PROCESS 10
REQUIRED QUALIFICATIONS 11
RESPONSE TO SOLICITATION 12
TECHNICAL REVIEW 16
EVALUATION FORM 17
GENERAL REQUIREMENTS 18
SPECIAL PROVISIONS 24
TECHNICAL SPECIFICATIONS 28
PROPOSAL DOCUMENTS 43
SCOPE OF SERVICES 53
CONTRACT AGREEMENT 54
INSURANCE 73
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CITY OF FONTANA

NOTICE INVITING SEALED PROPOSALS
PW-24-191-SP
NOTICE IS HEREBY GIVEN that sealed proposals will be received only by submitting electronically at www.fontanapurchasing.org , for Tree Maintenance Services, PW-24-191-SP, no later than 2:00 p.m. on April 30, 2024, at which time or thereafter said proposals will be electronically opened and available online. Proposals received after this time will not be able to submit electronically. Hard copies of proposals will not be accepted as a viable proposal.

The award, if made, will be made to the most qualified proposer/s having the most responsible, responsive proposal meeting the City requirements. The City of Fontana reserves the right to reject any and all proposals and to waive minor irregularities, to accept any proposal or portion thereof, and to take all proposals under advisement for a period of ninety (90) days. No Bid Surety is required.

Bid must be submitted electronically for the exact item(s) requested in the bid specifications. Copies of the plans, specifications, and contract documents are available for free from the City's Purchasing website www.fontanapurchasinq.org.

MANDATORY PRE-BID MEETING: A mandatory pre-bid meeting is scheduled for April 11, 2024, at 2:00 p.m. at the City Hall Council Chambers located at 8353 Sierra Avenue, Fontana, CA 92335. Proposers must attend the meeting to qualify to submit a proposal.

Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Labor Code Section 1735 requires that no discrimination be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons, except as provided in Government Code Section 12940. Compliance with the prevailing rates of wages and apprenticeship employment standards established by the State Director of Industrial Relations will be required. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will also be required.

Qualified To Bid Per Labor Code Section 1771.1. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, , unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. An unregistered contractor may only submit a bid if authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work at the time the contract is awarded.

The CITY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.

Request For Proposal
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The City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates are on file and available online at http://www.dir.ca.gov/dlsr.

Each bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the following appropriate classification(s) of contractor's license(s), for the work bid upon, and must maintain the license(s) throughout the duration of the contract: State California C-27 and a C-61/D49.

Request For Proposal
2 CITY OF FONTANA
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INSTRUCTIONS TO PROPOSERS

1. PROPOSER'S EXAMINATION
Before submitting a proposal, the proposer shall carefully examine the scope of services and other contract documents, and ensure that he/she has a clear understanding of the requirements of the contract work.

By submitting a response, the proposer represents that it has thoroughly examined and become familiar with the contents of the solicitation and conditions of the standard City contract documents, and that he/she is capable of performing quality work to achieve the City of Fontana's objectives.

2. INTERPRETATION OF REQUEST FOR PROPOSAL AND DOCUMENTS If any person contemplates submission of a proposal for the proposed contract and is in doubt as to the true meaning of any part of the scope of services, or other proposed contract documents, or finds discrepancies in, or omissions from the proposal, he/she may submit to the Purchasing Office a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery.

Any interpretation or correction of the proposed documents shall be made only by an addendum duly issued and copy of such addendum will be posted on the Purchasing Website. The Purchasing Office will not be responsible for any other explanation or interpretations of the proposed documents.

3. NOTICE TO PROPOSERS
The proposers shall be considered based on the best overall value to the City. The City Council shall decide in its sole and absolute discretion whether to enter into a contract at all, even if there are one or more qualified proposers. The City shall not be limited to awarding to the lowest responsive responsible proposer, but instead shall be entitled to negotiate for the best overall value to the City. The City staff may, but is not obligated to, conduct interviews with proposers.

The City may automatically disqualify any proposal that does not meet the terms and conditions set forth in these "Instructions to Proposers."

4. IRREGULAR PROPOSALS
Unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered.

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5. COMPETENCY OF PROPOSERS
No proposal will be accepted from or contract awarded to a proposer who is not licensed in accordance with the law, who does not hold a license qualifying him to perform work under this contract, to whom a proposal form has not been provided and who has not successfully performed on projects of similar character and scope. The proposer may be required, before the award of any contract, to show, to the complete satisfaction of the City, that it has the necessary facilities, ability, experience, and financial resources to provide the services specified herein in a satisfactory manner.

Generally, contractor history and references are required at a minimum. The City may make reasonable investigations deemed necessary and proper to determine the ability of a contractor to perform the work, and the contractor shall furnish the City all information requested for this purpose.

6. ADDENDA (Acknowledge Online)
All proposers are advised to the possibility of issuance of addenda affecting the items, scope or quantity of the work required for this project. Each proposer shall be fully responsible for informing himself as to whether or not any such addenda have been issued. To this end, each Proposer should contact the City's Purchasing website www.fontanapurchasing.org to verify that he has received all Addenda issued, if any, prior to the Proposal deadline listed in the Notice Inviting Proposers. The effect of all addenda to the Contract Documents shall be considered in the proposal, and said addenda shall be made a part of the contract documents and shall be returned with them. Failure to cover in his proposal any such addenda issued may render his proposal irregular and may result in its rejection by the City. Copies of Addenda will be available on the City's Purchasing website www.fontanapurchasing.org.

7. DELIVERY AND OPENING OF PROPOSAL
Proposals are to be submitted electronically to the City's Electronic Bid System. The City's Electronic Bid System will close exactly at the time set forth in the Notice Inviting Proposals. All applicable forms required to be completed per the proposal documents, shall be submitted electronically prior to the proposal date and time. Hard copies will not be accepted as a viable proposal. It is the Proposer's sole responsibility to ensure that its Proposal is received as specified. Proposals may be submitted earlier than the dates(s) and time(s) indicated.

The name of each firm submitting a proposal will be available online and recorded at the date and time stated in the Notice Inviting Proposals. The City may in its sole discretion, elect to postpone the opening of the submitted Proposals. City reserves the right to reject any or all Proposals and to waive any informality or irregularity in any Proposal.

Instruction to Proposers
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8. CITY CONTRACTING REQUIREMENTS
Attached hereto is the standard Contractual Services Agreement and General Conditions utilized by the City of Fontana. Submitting firms should note the insurance requirements and review all the provisions in the Contract Agreement and General Conditions

9. WITHDRAWAL OF PROPOSAL
Prior to the proposal deadline stated in the Notice Inviting Proposals, a Proposal may be withdrawn by the Proposer only by using the City's electronic bidding system.

10. PROPOSAL EXPENSES
The City shall not be liable to pay any cost incurred by any firm or persons in submitting a proposal in response to this solicitation.

11. AWARD OF CONTRACT
Issuance of this Request for Proposal and receipt of proposals does not commit the City to award a contract. The City reserves the right to reject any or all proposals to accept any proposal or portion thereof, to waive any irregularity, and to take the proposals under advisement for the period of time stated in the "Request for Proposals". The proposers shall be considered based on the best overall value to the City. The City Council shall decide in its sole and absolute discretion whether to enter into a contract at all, even if there are one or more qualified proposers. The City shall not be limited to awarding to the lowest responsive responsible proposer, but instead shall be entitled to negotiate for the best overall value to the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the proposer to whom the award is contemplated. All responses to this solicitation shall become the property of the City and will be retained or disposed of accordingly, no proposer may withdraw his proposal for a period of ninety (90) days after the time set for opening thereof.

12. FILING OF BID PROTESTS
Bidders may file a "protest" of a Bid with the City's Purchasing Officer. In order for a Bidder's protest to be considered valid, the protest must:

A. Be filed in writing within five (5) calendar days after the Bid award date; B. Clearly identify the specific irregularity or accusation; C. Clearly identify the specific City staff determination or recommendation being protested;
D. Specify, in detail, the grounds of the protest and the facts supporting the protest; and
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E. Include all relevant, supporting documentation with the protest at time of filing.

If the protest does not comply with each of these requirements, it will be rejected as invalid.

If the protest is valid, the City's Purchasing Officer, or other designated City staff member, shall review the basis of the protest and all relevant information. The Purchasing Officer will provide a written decision to the protestor. The protester may then appeal the decision of the City Manager.

13. CONTRACT PERIOD
Contract period shall be for two years from the date of award, renewable for three additional one-year increments at the sole discretion of the City. In the event the City exercises its options, all terms, conditions, and provisions of the original contract shall remain the same and apply during the extension period, unless otherwise mutually agreed to in writing by both parties. Rates will be held for the duration of this contract. Any changes or additions to the listed rates are at the discretion of the City. At the end of the two year period, the Contractor may apply in writing to the City for a CPI adjustment.

Adjustments shall be made in accordance with City Policy at the time of application.

14. WORKER'S COMPENSATION CERTIFICATE
Section 3700 of the State Labor Code requires that every employer shall secure the payment compensation by either being insured against liability to pay compensation with one or more insurers or by securing a certificate of consent to Self-insure from the State Director of Industrial Relations. In accordance with this section and with Section 1861 of the State Labor Code, the Contractor shall sign a Compensation Insurance Certificate which is included with the Contract Agreement, and submit same to City of Fontana along with the other required contract documents, prior to performing any work.

Reimbursement for this requirement shall be considered as included in the various items of work.

15. INSURANCE
To perform any work under contract with the City of Fontana, a Certificate of Insurance, naming the City as additionally insured, must be provided. This Certificate must be on file with the City before any City contract may be approved and before you may commence any contract work.

Four forms of Insurance are required on an individual basis. These insurances are:

California Worker's Compensation insurance;
General Liability insurance; and
Automobile insurance
Professional Liability
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6 Packet Page. 3407
This contract requires that anyone performing work for the City provide each of the four above insurances with One Million Dollar ($1,000,000) per occurrence limit. If an aggregate limit is specified on the Certificate, a minimum Two Million-Dollar ($2,000,000) aggregate occurrence coverage limit is required for the General Liability insurance.

The per occurrence limit specifies that you and your company are covered for up to $1,000,000 for each and every occurrence (accident/claim) against you or your company, no matter how many. The aggregate limit specifies that you and your company are covered for up to $2,000,000 collectively for all occurrence and aggregate requirements.

16. LEGAL RESPONSIBILITIES
All proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to proposals for contracts of this nature whether the same are expressly referred to herein or not. Any proposer submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the scope of services, contract documents, and to full compliance therewith.

17. NON-COLLUSION DECLARATION
Bidder shall declare that the only persons or parties interested in the bid as principals are those named therein; that no officer, agent, or employee of the City of Fontana is personally interested, directly or indirectly, in the bid; that the bid is made without connection to any other individual, firm, or corporation making a bid for the same work; and that the bid is in all respects fair and without collusion or fraud.

18. LICENSES, PERMITS AND APPROVALS
The selected proposer must comply with all City, County and State standards and must, at the time it makes a proposal to the City and throughout the time that the proposer provides services to the City, possess all other permits, licenses or approvals required by the City or any County, State or Federal agency to operate its business. The proposer shall identify in its proposal the location from which it will provide services to the City. The proposer must have, at the time it submits its proposal, the right to lawfully operate the business from that location.

19. PRICING
The proposer should provide a total cost proposal with a line item breakdown. Prices should be stated in units specified herein.

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20. TAXES
The proposal shall include and show all taxes as are applicable under the laws of the State of California relating to "Sales Taxes" and "Use Taxes" and "San Bernardino County Tax".

21. PAYMENT
Payment shall be made by the City of Fontana within thirty (30) days after proper delivery, inspection, and acceptance of services. Invoices shall be submitted in duplicate.

22. HEAL TH & SAFETY
The articles and or services covered by this proposal must be supplied and/or performed in compliance with safety orders of OSHA, CALOSHA, and/or N IOSHA where applicable.

23. DEFAULT
In case of default by the Contractor, the City of Fontana may procure the articles or service from other sources and may deduct from unpaid balance due Contractor, or may bill for excess costs so paid, and prices paid by the City of Fontana shall be considered the prevailing market prices paid at the time such purchase is made. Failure to comply with any of the terms and/or conditions of this contract shall constitute default by the Contractor.

24. TRANSPORTATION COST
No charge for packing, drayage, or for any other purpose will be allowed over and above the prices quoted on this proposal. Cost of transportation, handling and/or inspection on deliveries or offers for delivery, which do not meet specifications, will be for the account of the proposer.

25. WARRANTY
Applicable warranties shall commence from the date completed unit is accepted by the City in operational condition.

26. DEFECTS
Successful proposer(s) shall be responsible for all claims against manufacturing defects and against the carrier for all freight and/or drayage damage.

27. MANDATORY PRE-BID MEETING
A mandatory pre-bid meeting is scheduled for September 1, 2015 at 10:00 a.m. at the Public Works Administrative Office located at 16489 Orange Way, CA 92335.

Proposers must attend the meeting to qualify to submit a proposal.

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28. PREVAILING WAGES
The City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates are on file and available on line at http://www.dir.ca.gov/dlsr. Bidders are advised that a copy of these rates must be posted by the successful Bidder atthe job site(s). The City will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wages set forth herein. The possibility of wage increases is one of the elements to be considered by the Contractor is determining its bids, and will not under any circumstances be considered as the basis of a claim against the City under the Contract Documents.

29. PUBLIC WORKS CONTRACTOR DIR REGISTRATION REQUIREMENTS No Contractor or Subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No Contractor or Subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

The Contractor shall have an affirmative obligation to verify that all subcontractors are currently and validly registered with the Department of Industrial Relations and shall not permit a subcontractor of any tier to perform work on the project without first verifying the subcontractor's registration. The Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain valid registration for the duration of the project.

No bid will be accepted nor any contract entered into without proof of the Bidder's and its subcontractors' current registration with the Department of Industrial Relations. If awarded a Contract, the Bidder and its subcontractors of every tier shall maintain active registration with the Department of Industrial Relations for the duration of the Project. It shall be the Bidder's sole responsibility to evaluate and include the cost of complying with all labor compliance requirements. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

30. QUESTIONS AND COMMENTS
Questions and comments regarding this solicitation must be submitted in writing, no later than seven (7) days before the Submittal Deadline. Such submission, if any, must be sent using the bids online system at www.fontanapurchasing.org. "Questions and Answer" tab NO LATER THAN SEVEN (7) days prior to the due date of the bids.

Answers, if any, made by the City will be answered using the bids online system.

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EVALUATION AND SELECTION PROCESS
A. Submittal Review: All proposals will be initially evaluated to determine if they meet the minimum requirements. All proposals will be subject to a standard review process developed by the City. A primary consideration shall be the effectiveness of the agency or organization in the delivery of comparable or related services based on demonstrated performance. The evaluation will be based on the written proposal as submitted, but may include a site visit to the proposer or to an existing client served by the proposer.

B. Oral Interview: Proposers meeting the submittal requirements may be requested to participate in an oral interview at City's discretion. Proposers will be notified in writing of the time and place for the interview. Failure to appear for the oral interview will be cause to disqualify the firm from further consideration.

C. Selection: The City recognizes that price is only one of several criteria to be used in judging a product or service, and the City is not legally bound to accept the lowest quote.

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REQUIRED QUALIFICATIONS:

1. Award will be made to the firm that best meets the City's requirements and offers the most advantageous combination of cost and qualifications. All firms submitting proposals must hold a valid State California C-27 and a C-61/D49 Contractor's License. Both licenses must be in good standing for the previous five (5) consecutive years without any official unresolved record of complaints registered or filed with the Board or California Department of Consumer Affairs.

2. Proposer has not had a "termination for default" within the last three (3) years.

3. Proposer must have the required general liability and worker's compensation insurances as set forth in this document

4. Proposer must have OSHA certification of aerial equipment to be used for this contract. Include certification documents with the bid proposal.

5. Proposer must have a Quality Control Plan with an effective and efficient means of identifying and correcting problems throughout the entire scope of operations. The successful Contractor shall be required to comply with this Quality Control Plan throughout the term of the contract and have a current Safety Manual that meets SB 198 requirements for injury and illness prevention.

6. The proposal must include descriptions of all personnel that will be performing the work. Personnel must be qualified and trained according to best practices in the tree maintenance industry.

7. Proposer must have at least five (5) years of experience providing tree maintenance services to municipalities that are comparable in size and scope to this RFP. (Provide descriptions of these contracts and contact persons of the client cities).

8. Proposer must have a functioning software inventory and management system with GIS based capabilities for current clients.

9. At the time of award, the successful bidder must have staff that includes Certified Crane Operator(s) as recognized by National Commission for the Certification of Crane Operators (NCCCO).

10. Proposer must have attended or have a representative attend the mandatory prebid Meeting

11. Proposer has submitted a complete bid proposal as required by this RFP Minimum Qualifications
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RESPONSE TO SOLICITATION
Responsive proposals should provide straightforward, concise information that satisfies the requirements of this solicitation. Emphasis should be placed on conformity to the City's instructions, requirements of this solicitation, and the completeness and clarity of content.

A. Executive Summary: The proposer must provide an Executive Summary of its proposal. The Executive Summary should be a "high-level", general overview of how the vendor proposes to accomplish the requirements of this RFP. The Executive Summary should demonstrate the proposer's understanding of the requirements. The proposer must also address in this section how it meets the minimum qualification requirements.

B. Company Information: The City requires the proposer to be a reputable company with tenured experience in tree maintenance services. The proposal must provide the information requested below. If the proposer is a joint venture, information about each vendor must be submitted separately. The information to be provided is as follows:
• Complete name, address and phone number of company
• Federal tax identification number
• A short narrative description of the vendor's organization • Principal type of business
• Total number of years in business
• Statement that identifies areas in which the company excels • Number of years providing products and services similar in size and scope to those requested in this RFP
• Annual contract value of the proposer's three (3) largest contracts for similar products and services in the past three (3) years
• Percentage of turnover of service staff for each of the last two (2) years in the proposer's organization
• Significant transactional events in the past three (3) years such as bankruptcies, contract defaults, mergers, acquisitions, etc.

C. Licensing:

State of Ca I if or n i a Co n t r a ct o r' s L i c e n s e n u m b e r a n d exp i ration date , C-27 & C61 /D-49 and any other applicable licenses D. Staffing:

Provide names, staff qualifications and proposed duties of staff to be assigned to this contract. The firm shall identify an ISA certified arborist who will be responsible for providing project management for the duration of the contract as well as a site supervisor, who is an ISA certified arborist, authorized to act on behalf of the firm.

Response to Solicitation
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Please include:

1. All certified arborists employed by the firm

2. All certified utility arborists employed by the firm

3. All certified treeworkers employed by the firm

4. All certified urban foresters and/or municipal arborists employed by the firm

5. All utility line clearance treeworkers employed by the firm

6. California state licensed pest control advisor and applicator employed by the firm

7. Technicians providing technical support for inventory software

8. Traffic control design specialist(s) and traffic control technician(s) in accordance with the American Traffic Safety Services Association (ATSSA)
E. Company Profile and California Locations: Proposer shall provide a short description of its company. In addition, the proposer shall list all of its California locations, and shall include a statement as to whether it can provide products and services to the City locations as listed in this RFP.

F. Experience and References: The City requires the proposer and its subcontractors to have prior experience in all aspects of the products and services described in this RFP for customers similar to or with relevance in the size, complexity and scope of this RFP. Proposers shall:

Describe the proposer's experience as it pertains to providing products and services similar in size, complexity and scope to those required under this RFP and in the manner required pursuant to this RFP.

Provide the names, addresses, and telephone numbers of at least five (5) customers for whom the proposer has provided similar level of services and products within the last four (4) years. The proposer should include a brief description of the scope of products and services provided to the customer, contract amount and the duration of the contract. The proposer must include the name, mailing address, and telephone number of each client's principal representative. The City may contact some or all of the references provided in order to determine the proposer's performance record. The City reserves the right to contact references other than those provided in the proposal and to use the information gained from them in the evaluation process.

Response to Solicitation
13 Packet Page. 3414
G. Technical Approach and Methodology: Proposer shall provide a work plan that describes how the vendor intends to provide the requested products and services as described in this RFP. The description shall include, but is not limited to the following:
• Experience and qualifications of key personnel that will be assigned to this contract
• A complete list of machinery and equipment to be used for this contract including additional equipment available for contingencies and emergency work
• Proposed communication process between the City and the Contractor • Number of staff assigned to the contract.
• Personnel training program - type and frequency; Certified Arborist on staff; Licensed Pest Control Advisor; Licensed Pest Control Applicator. • QA/QC approach that ensures quality service delivery
• Emergency contact procedures
H. Customer Service: Describe the level of customer service that will be provided, including procedures that will ensure consistency and problem escalation and resolution. The description should include, but is not limited to the following:
• Customer Service organizational structure
• Contact process
• Follow-up process
• Internal procedures to track customer service contact and resolution • Escalation process to resolve outstanding customer service issues I. Reports: Proposer shall describe the common reports available to the City. Include the type of report, the information provided in the report, the frequency of the report, the process to request the report, and the process used to deliver the report.

Proposer is encouraged to include a sampling of common reports including sample of invoice within their proposal.

J. Information Management
1) Provide a detailed description of the proposed software program to be used to manage the City's tree inventory and the firm's ability to provide accurate inventory updates for all trees serviced.
2) Provide a detailed statement describing the firm's ability to provide data for the City's Geographic Information System (GIS).

K. Equipment
A complete list of machinery and equipment, including year, serial number and license number, to be used for this contract and all available equipment in reserve to allow for breakdowns.

Response to Solicitation
14 Packet Page. 3415
L. Quality Control Plan
1) A written description of the firm's plan to report green waste generated and the method for its disposal.
2) A written description of methodology to be used for notifying residents prior to commencement of tree work. (Door hangers are permitted in the City.)
3) The methodology in which the firm will handle complaints from the public and damage to public and private property.
4) Effective means to correct problems.

M. Employee Training
A written description of the firm's internal tree maintenance and arboricultural training program.

N. Addenda: Acknowledgment of the receipt of solicitation addenda online, if any.

0. Authorization: The proposal shall be signed by an official authorized to bind the firm and shall contain a statement to the effect that the proposal is valid for ninety (90) days.

P. Insurance: Insurance certificates are required prior to contract execution.

Q. Fee: At the minimum, the Proposal Summary Sheet must be submitted on line with the proposal.

R. Proposal shall be typed and submitted online through the City of Fontana's Bid System. Proposal shall not include any unnecessary, elaborate or promotional material. Excessive lengthy narrative is discouraged; presentation shall be clear and concise.

Response to Solicitation
15 Packet Page. 3416

TECHNICAL REVIEW
The City will evaluate and rank proposals based on selection criteria. Any proposal may be rejected if it is conditional, incomplete or contains irregularities. Minor or immaterial irregularities in a proposal may be waived. Waiver of an irregularity shall in no way modify the request for proposals nor affect recommendation for award of contract.

Each bid will be evaluated based on qualifications and the required submittals. Selection will be made by using the criteria described in this document. All applicants will be notified as to the results of this evaluation. The evaluation criteria used in the selection process include, but are not limited to the following:

A. Services Offered 20 Points

1. Proposed program

2. Detailed list of services

3. Ability to provide services
B. General Qualifications 20 Points

1. Qualifications and experience of staff

2. Proper staff training

3. Proper insurance coverage

4. Financial ability of the firm to provide services to the City

5. Licensing required to perform tree maintenance services C. Cost 20 Points

1. Variety of work types and services offered

2. Evaluation of the firm's fee schedule
D. Information Management 15 Points

1. Ability to provide a database of all trees in the City

2. Method for completing and updating the tree database or inventory

3. Have functioning database systems for current clients

4. Quality of database software

5. Technical support for software and data management
E. References 15 Points

1. Current contract work experience

2. References from current client cities

3. Letters of reference
F. Facility and Equipment Evaluation 5 Points

1. Equipment maintenance facility

2. List of equipment

3. Aerial device certification
G. Quality and Completeness of Proposal 5 Points

1. Relevance and conciseness of bid proposal and statement of qualifications Technical Review
16 Packet Page. 3417

EVALUATION FORM
TREE MAINTENANCE SERVICES, PW-24-191-SP
Please rate the proposal for each criterion below, using a scale of O through 4, where O=unacceptable; 1=poor; 2=fair; 3=good; 4=excellent. Provide details on each criterion scored O or 1.

Vendor Name: ---------- -----
FACTOR

1. Evaluation Criteria
Services Offered
General Qualifications
Cost
Information Management
References
Facility and Equipment
Evaluation
Quality and Completeness of
Proposal
TOTAL

WEIGHT SCORE
(0-4)

WEIGHT SCORE
20 0
20 20
15 15
5 5
100
Evaluation Form
17 0
0 0
0 0
0 Packet Page. 3418

GENERAL REQUIREMENTS

WORKMAN'S COMPENSATION CERTIFICATE
Section 3700 of the State Labor Code requires that every employer shall secure the payment of compensation by either being insured against liability to pay compensation with one or more insurers or by securing a certificate of consent to self-insure from the State Director of Industrial Relations.

In accordance with that section and Section 1861 of the State Labor Code, all selected proposers shall sign a Compensation Insurance Certificate which is included with the Contract Agreement, and submit same to the City along with the other required contract documents, prior to performing any services. Reimbursement for this requirement shall be considered as included in the various items of services.

INSURANCE
Prior to the commencement of any services hereunder, proposer shall provide to the City certificates of insurance with the City named as additional insured. Such polides shall be subject to approval by the City and shall require thirty days' (30) notice to the City before any cancellation. Failure to furnish such evidence, if required, may be considered a default by the proposer.
(1) Worker's Compensation Insurance covering all employees and principals of the proposer, in a minimum amount of $1 million per accident, and meeting the laws of the State of California;
(2) Commercial General Liability Insurance covering third party liability risks; including without limitation contractual liability, in a minimum amount of $1 million 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 shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; (3) Commercial Auto Liability and Property Insurance covering "any auto" with a minimum amount of $1 million combined single limit per accident for bodily injury and property damage.

FORCE MAJEURE
The parties to the Agreement shall be excused from performance there under during the time and to the extent that they are prevented from obtaining, delivering or performing by an act of God such as fire, strikes, loss or shortage of transportation facilities, lock-out, or commandeering of materials, products, plants or facilities by the government, when satisfactory evidence thereof is presented to the City, provided that it is satisfactorily established that the non-performance is not due to the fault or neglect of the party not performing.

General Requirements
18 Packet Page. 3419

LABOR CODE
Proposer 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.

Since the landscape maintenance services are being performed as part of an applicable 'public works' or 'maintenance' project, as defined by the Prevailing Wage Laws, and since the total compensation is One Thousand Dollars ($1,000) or more, proposers agree to fully comply with and to require any contractors or subcontractors to fully comply with such Prevailing Wage Laws.

Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City has obta.ined the general provisions rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality of each craft, classification or type of workman needed to execute the contract form the Director of the Department of Industrial Relations. These rates are on file with the City, and copies will be made available to any interested party on request.

Proposers, if selected, agree to make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the landscape maintenance services available to interested parties upon request, and shall post copies at the Proposer's principal place of business. Proposers 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 of the proposer or its contractors or subcontractors to comply with the Prevailing Wage Laws.

The City will not recognize any claim for additional compensation because of the payment by the proposer of any wage rate in excess of the prevailing wage rate set forth in the contract. The possibility of wage increases is one of the elements to be considered by the proposer in determining his proposal, and will not under any circumstances be considered as the basis of a claim against the City under the contract.

Proposers must be an equal opportunity employer and shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

General Requirements
19 Packet Page. 3420

TERMINATION
A. Termination for Default: Contract may be terminated by the City, in whole or in part, whenever the City shall determine, in the City's sole and absolute discretion, that the Contractor has failed to meet the requirement(s) of the contract upon ten days written notice to the Contractor.

The City has the right to terminate for default if:
1) The Contractor fails to make delivery of acceptable delivery of service and/or products in an acceptable manner within the time specified in the resultant Contract; or
2) The Contractor fails to satisfactorily perform any other term or condition of the resultant Contract: or
3) The Contractor fails to make progress so as to endanger timely performance of the Contract.

Any termination for default shall be effected by written notice to the Contractor of the termination, specifying the acts or omissions of the Contractor constituting the default and the effective date of the termination.

After termination for default, the City may acquire, under the terms and in the manner the General Services Agent considers appropriate, services identical or similar to those required by the Contract, and the Contractor will be liable to the City for the cost of those services in excess of the unexpended Contract amount.

Upon termination of the Contract, all finished or unfinished goods provided by the Contractor and not yet delivered, rendered, and accepted by the City shall, at the City's option, become the City's property. The City shall pay the Contractor fair and equitable compensation for satisfactory performance prior to delivery of notice of termination, less the amount of damages caused by the Contractor's breach. If the damages are more than the compensation payable to the Contractor, the Contractor shall pay the difference to the City promptly upon demand. The term "damages" as used in this paragraph includes, but is not limited to, attorney's fees.

If, after termination, it is found that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the Parties shall be the same as if the notice of termination had been issued pursuant to sub-paragraph "B" below, entitled "Termination for Convenience."
The rights and remedies of the City described herein shall be in addition to any other rights and remedies provided by law or under any other provision of the Contract.

General Requirements
20 Packet Page. 3421
B. Termination for Convenience: The Contract may be terminated by the City, in whole or in part, whenever, the Purchasing Agent determines, in his sole and absolute discretion, that it is in the City's best interests to terminate the Contract. Such termination shall occur upon 30 days prior written notice provided to the Contractor specifying the extent to which the Contract is terminated and the effective date of the termination. 1) After receipt of a notice of termination, and except as otherwise directed, the Contractor shall:
a) Stop all performance on the date indicated and to the extent specified;
b) Place no further orders or subcontracts for materials, except as necessary for the completion of such portion( s) of the Contract not terminated;
c) Terminate any and all subcontractors' agreements and, with the approval of the City, settle all outstanding liabilities and termination of settlement bids arising from the termination of subcontracts; d) If directed by the City, transfer title and deliver to the City the Contractor's finished goods and other material produced or acquired, that, if the Contract had not been terminated, would be required to be furnished to the City. If the City does not exercise this right, the Contractor shall use his best efforts to sell such goods and materials in accordance with the provisions of Commercial Code Section 2706;
e) Complete performance of any portion of the Contract not terminated;
f) Submit to the Purchasing Agent a termination claim in the form prescribed by the Purchasing Agent. The Contractor shall not be reimbursed for and waives any right to receive anticipatory profits not earned up to the effective date of the termination. 2) The Contractor shall be entitled to recover the following costs in a termination for convenience:
a) The Contract price for completed goods accepted by the City but not previously paid for;
b) Costs already incurred in the performance of the portion of the Contract terminated;
c) The reasonable costs of settlement expenses for the portion of the Contract terminated; and
d) The cost of settling and paying any termination settlement bids under terminated subcontracts that are properly chargeable to the terminated portion of the Contract.

General Requirements
21 Packet Page. 3422
3) In arriving at the amount due to the Contractor, the following shall be deducted:
a) All unliquidated, advance or other payments to the Contractor under the terminated portion of the Contract; and
b) Any claim which the City has against the Contractor under the Contract or any other contract.

C. Termination for Lack of Appropriation: If funds are not appropriated or if funds are not otherwise made available to the City for continued performance of the Contract for any fiscal period covered by the Contract, the Contract shall be automatically terminated as of the beginning of the fiscal year for which funds were not appropriated or otherwise made available; however, this will not affect either the City's rights nor the Contractor's rights under any other termination provision in the Contract. The effect of a termination of the resultant Contract under this sub-paragraph "C" will be to discharge both the City and the Contractor from future performance of the Contract, but not from their obligations existing at the time of termination. The Contractor shall be reimbursed for any non-recurring costs incurred but not amortized in the price of the goods delivered under the Contract.

BRAND NAME
The City has made findings designating certain materials, products, things, or services by specific brand or trade name. Such findings and the materials, products, things, or services and their specific brand or trade names will be set forth in the Scope of Work.

REJECTION
The City reserves the right to reject the proposal of any proposer, who does not meet the minimum qualifications as required by this RFP; who has previously failed to perform properly or complete on time contracts of similar nature; or reject the proposal of a proposer who is not in a position to perform such a contract satisfactorily.

DELIVERY TIME
Time of delivery of services is a part of the consideration and must be stated in definite terms, and must be adhered to. If time varies on different items, the proposer shall so state in the column provided, opposite each item.

DELIVERY HOURS
The delivery of hours to perform the work will vary based upon the City's need.

DISCREPANCIES
In case of discrepancies between product number and description, the proposer shall notify the City for interpretation.

General Requirements
22 Packet Page. 3423

ORDERING
The proposer shall order all materials and equipment, and assign required personnel promptly after receipt of the signed Contract or Notice to Proceed.

CHANGES IN THE WORK
The City, without invalidating this Contract, may, by express written request, order extra work or make changes by altering, adding to or deducting from the work required by the contract documents. The Contract Sum may then also be adjusted subject to City approval, as provided below. All such extra work shall be executed under the conditions of the original Contract.

LIQUIDATED DAMAGES
The Contractor shall perform and complete all services under this agreement within the term set forth therein. The Contractor shall also perform the services in strict accordance with any completion schedule or project milestones described in Exhibits A or B attached hereto, and any other requirements specified in the Notice Inviting Sealed Proposals, or which may be separately agreed upon in writing by the City and contractor ("Performance Milestones"). The Contractor agrees that if the services are not completed within the aforementioned Performance time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code section 53069.85, the Contactor shall pay each and every calendar day of delay beyond the Performance Time or beyond any Project Milestones established pursuant to this Agreement the sum of one hundred dollars ($100.00) per day for each day completion is delayed per occurrence beyond the above deadlines. This amount shall be deducted and forfeited from payments to the Contractor.

Execution of the Agreement shall constitute an agreement by the City and the Contractor that the estimates for liquidated damages are reasonable. These actions shall not be construed as a penalty but as an adjustment of payment to the Contractor for only the work actually performed and or as the cost to the City for the inspection/re-inspection and other related costs from the failure by the Contractor to complete the work according to schedule and or contract specifications.

General Requirements
23 Packet Page. 3424

SPECIAL PROVISIONS
The Contractor shall provide tree maintenance services in accordance with the Special Provisions, the Agreement Terms and Conditions and the Technical Specifications.

1. Emergency Numbers and Callouts. The Contractor shall have the capability to receive and to respond immediately to calls of an emergency nature during normal working hours and during hours outside of normal working hours. Calls of an emergency nature received by the City shall be referred to the Contractor for immediate disposition.

A. In the event that emergency work is required, the Contractor shall notify the Landscape Technician or Supervisor by telephone in advance before any emergency work is commenced. Non-emergency maintenance work requires written approval before the work is performed. An answering service is not acceptable for emergency calls after working hours/weekends.

B. In situations involving emergency work after normal working hours, the Contractor shall dispatch qualified personnel and equipment to reach the site within two (2) hours. The Contractor's vehicle shall carry sufficient equipment to safely control traffic.

When the Contractor arrives at the site, the Contractor shall set up traffic warning and control devices, if deemed necessary, and proceed to perform the work on a temporary basis.

C. The Contractor shall supply the City with the name(s) and phone number(s) of responsible person(s) representing the Contractor for 24 hour emergency response. The above mentioned information shall remain current at all times. Any changes shall be forwarded to the City in writing within 12 hours of any such change. (Failure to provide the City with current emergency information within the 12-hour period shall result in a $200.00 penalty per occurrence).

Emergency response can be defined by:

1. Instructions per City Landscape Tech/Supervisor

2. Prior agreement

3. Public health/safety matters
Public health/safety matters include but are not limited to threats to the public and/or private property resulting from the responsible Contractor's operations, fallen trees, natural disasters, etc.

D. The Contractor shall supply their field supervisor and crew leaders with cellular telephones. The Contractor shall also supply their field supervisor with a handheld tablet computer running the latest version of the Android operating system.

Special Provisions
24 Packet Page. 3425

2. Special License and Permits. The Contractor shall have and maintain valid State of California C-27 and C61/D49 Contractor's licenses. Both licenses must be in good standing for the previous five (5) consecutive years without any official unresolved record of complaints registered or filed with the Board or California Department of Consumer Affairs.

All applications of chemical controls, i.e., herbicides and pesticides, shall be done in compliance with governmental requirements. Applications of such materials shall be done by personnel licensed by the State of California, Department of Food and Agriculture.

Contractor will obtain any permits required by local governmental agency for the use of special chemicals.

3. Dress Code and Appearance. All personnel of the Contractor shall be required to wear uniforms bearing the company name while on the project. Sufficient changes shall be provided to present a neat and clean appearance of personnel at all times. The uniform shall consist of a shirt, trousers and or short pants during the summer months and reflective safety jacket with company name during cool weather. Safety vests bearing the company name are not considered a part of the uniform, but shall be required to be worn to comply with this contract document. (Failure of an employee to wear a uniform shall result in a $100.00 deduction and forfeiture per occurrence).

4. Personnel Special Requirements
A. Contractor shall employ sufficient personnel qualified by reason of education, training and experience to discharge the services agreed to be performed by Contractor. Contractor shall provide service of the highest quality at all times, and personnel retained to perform this service shall be temperate, competent and otherwise fully qualified to fulfill the Contractor's obligations under the agreement.

B. The Contractor's employees shall be subject to the following minimum requirements, skills, abilities and knowledge:

1. All proper licenses for operation of equipment utilized by such employee.

2. Ability to operate and maintain equipment in accordance with the manufacturer's recommendations.

3. Mechanical ability to make required operator adjustments to the equipment being used.

4. Knowledgeable of safety regulations as they relate to tree care and traffic control.

5. Ability to communicate orally and in writing in English.

6. Demonstrated knowledge of tree care and related operations.

Special Provisions
25 Packet Page. 3426

5. Special Requests. The Contractor may be requested by the City Landscape Technician to perform special tasks which are above his normal scheduled work (i.e., pruning for a specific aesthetic view problem). It is intended that the Specifications are indicative of the work to be anticipated by the Contractor and will allow for reasonable additional work at no additional cost to the City which is considered normal maintenance to meet the objectives and criteria.

6. Project Inspections. Upon request, the Contractor or his representative will walk the project with the City representative, or the Landscape Technician, for the purpose of determining compliance with the Specifications or to discuss required work. The Contractor's representative shall be authorized to sign documents and effect changes to the job.

7. Traffic Control. In accordance with the Cal Trans Watch Manual, the Contractor shall notify local authorities of his intent to begin Work at least five (5) days before Work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arrangements relative to keeping the working area clear of vehicles. If the Contractor permits traffic to operate in an unsafe manner and does not take appropriate safety measures (such as placement of markers or signs regarding the presence of workers near a roadway), the City may immediately suspend all Work until the Contractor has met all safety requirements. All vehicles used by the Contractor on the job site must be equipped with flashing yellow beacons of the type approved by the City.

When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. The Contractor shall make every effort to keep commercial driveways open during working hours. During and after working hours, all driveways shall be accessible with smooth and safe crossings through the construction area (State of California Traffic Manual or Work Area Traffic Control Handbook).

8. Protection of Existing Facilities and Structures. The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities both above surface and underground on the City's property. Any damage to City property deemed to be caused by the Contractor's negligence shall be corrected or paid for by the Contractor at no cost to the City. If the City requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems, i.e., utility lines. This does not release the Contractor of the responsibility for taking reasonable precaution when working in these areas. Any damage or problems shall be reported immediately to the City.

Special Provisions
26 Packet Page. 3427

9. City Liaison. The City's designated representative and/or the City's Parks and Landscape Supervisor, and the Contractor's representative will meet on a weekly basis.

The purpose of this meeting will be to discuss specific project problems. More frequent contact may be required between the City Landscape Technician and the Project Manager separately from these meetings. The City Parks and Landscape Manager will review and initial invoice items verified as completed prior to submittal to the Director of Public Works for payment. The original invoice should be sent to:

City of Fontana
Accounts Payable
8353 Sierra Ave.

Fontana, CA 92335

10. Contractor Negligence. Any damage to the City's property which has been determined to be due to the Contractor's negligence shall be corrected at no additional cost to the City.

11. Sound Control Requirements. The Contractor shall comply with all local sound control and noise level rules, regulations, and ordinances which apply to any work performed pursuant to the Contract.

12. Construction/Maintenance Equipment. The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment.

13. Additions/Deletions to Maintenance Specifications. The City reserves the right to make additions, deletions, revisions, and/or otherwise modify the General T Maintenance Specifications. Any change in the specifications that causes the Contractor to suffer additional expenses may be negotiated upon written justification.

Special Provisions
27 Packet Page. 3428

TECHNICAL SPECIFICATIONS

1.0 Scope of Work
It shall be understood that the Contractor will be required to perform and complete the proposed tree maintenance work in a thorough and professional manner, and to provide labor, tools, equipment, materials and supplies necessary to complete all the work in a timely manner that will meet the City's requirements. Contractor may be required to perform the following tree maintenance activities throughout the City:

1. Tree Pruning

2. Tree Removal

3. Tree Planting

4. Crew Rental

5. Emergency Response

6. Line Clearance Pruning

7. Clearance Pruning

8. Grid Pruning Program

9. Tree Watering

10. Small Tree Care

11. Palm Trunk Skinning

12. Root Pruning

13. Specialty Equipment Rental

14. Arborist Services/Inspection

15. Foliar and Pesticide Treatments if necessary

16. Data Entry

17. Webpage Development

18. GPS Tree Inventory

19. Online Maintenance Access*
* Online Maintenance Access is defined as internet access to an urban forestry management tool that includes work order tracking, ability to send work requests including but not limited to pruning, planting, and removal, access to reports for tree inventory, value of the urban forest, job balance and GPS accessibility (if applicable).

1.1 Annual Pruning Program
Routine tree pruning per pre-designed districts, grids or prune routes on a set cycle to include all trees. Pruning will include structural pruning, crown raising, and crown cleaning in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices), the ANSI A300.

Contractor shall be required to furnish all supervision, labor, equipment and materials necessary to accomplish the work in accordance with the contract. The intent of this contract is to have all trees pruned a minimum of one time by the end of a 5 year trim cycle.

Technical Specifications
28 Packet Page. 3429

1.2 Inspection of Hazardous Conditions
All City trees shall receive routine maintenance and periodic inspections. The Contractor is to include in its price for services of an ISA certified arborist to be on site for a regularly scheduled minimum of eight (8) hours per week. Tree problems that are clearly visible by the inspection, but not considered hazardous, will be reported to the City for direction and/or further evaluation. Also, the crew performing maintenance shall properly notify the City of any tree-related problems that are clearly visible.' This may be in written form if not considered hazardous or within 24 hours if deemed hazardous. It is the intent to correct problems prior to reaching crisis levels.

1.3 Tree Inventory

1.4 A. The Contractor will provide the City access to a record keeping system consisting of an internet-based software program that allows the City to maintain information about its tree population, including the description of each tree by species, height, diameter, work history, and tree and planting site location. The tree inventory software program shall be an Internet-driven tracking program. The program shall have the capability to produce detailed listings of tree and site information, work histories, service requests, summary reports and pictures of City tree species. The Contractor shall provide software support to the City for the entire term of the contract.

B. The Contractor shall provide the City with recommendations for tree maintenance, recommended planting locations, and recommended removals. Attributes to be collected by field personnel may include Address, Street, Facility, Species, Diameter, Crown, Height, recommended maintenance, overhead utilities and parkway size and type.

GPS Tree Inventory
A. Contractor shall create a GPS based tree inventory with a new database using the City's standardized addressing system for all parks and open space areas.

Contractor shall be required to create an ESRI ArcView/ArcGIS compatible "shape file". The new inventory shall be capable of showing the location of every existing tree site and vacancies on the City's existing GIS base maps (streets, parcels, addresses, ROW and hardscape, etc.) The consultant's tree inventory shall be conducted by visiting each tree site or vacant planting site and plot the position. The data shall be compatible with the latest version of ArcView. Minimum accuracy shall be as close as possible to one (1) meter.

Technical Specifications
29 Packet Page. 3430
B. Provide the City with Global Positioning System (GPS) coordinates for all trees in public spaces. This includes but is not limited to all publicly owned trees on street rights-of-way, parks, City facilities and open spaces such as medians, greenscapes, etc. The address information contained in inventory should be linked directly to a Geographical Information System (GIS) program, such as ArcView. Using a hand held computer, the inventory collector will identify the trees by their global coordinates of longitude and latitude. By collecting the data using the GPS system, the City can consolidate the tree data with other various GPS coded programs in the City. At the end of the project, the City will receive a complete listing of all sites inventoried, both in hard copy and software, which will enable the City to connect the inventory to the City's GIS system.

C. The Contractor shall have at a minimum five (5) years experience in collecting tree inventories and developing inventory databases, including an extensive program that simplifies the management of the City's Urban Forest. The Contractor shall have developed a complete and comprehensive computer software program in at least five (5) California cities. The program should have specialized reports designed specifically for City's needs. The program should be developed based on the needs of the City. The user-friendly program should allow customers to generate a variety of reports quickly.

D. The Contractor shall provide routine maintenance, archive, backup, restore and disaster recovery procedures as may be requested by the City. The Contractor shall provide complete support rapidly with experienced staff available to the City during the hours of 7:00 A.M. to 5:00 P.M. Monday through Friday. The Contractor shall be readily available by telephone, e-mail or may respond to the City's location within a timely manner.

1.5 Work Quality
All tree pruning shall comply with good arboreal practice for the particular species of trees and shall be consistent with the pruning standards and best management practices as adopted by the International Society of Arboriculture.

The Contractor shall also meet the requirements of the American National Standards, Z133-1-2006, entitled "Safety Requirements for Arboricultural Operation," published by the American National Standard Institute, Inc., 1430 Broadway, New York, New York 10018.

The City's Contracting Officer shall determine if the Contractor has met all pruning requirements and payment shall not be made for pruning that is not in accordance with the above standards. The Contractor shall be deemed in contract default, if they consistently fail to comply with the aforementioned standards.

1.6 Standards
Technical Specifications
30 Packet Page. 3431
A Tree pruning operations shall commence no earlier than 7:00 a.m. and shall be completed each day no later than 5:00 p.m.

B. Limbs one inch (1 ") in diameter or greater shall be precut to prevent splitting.

When there is a chance of bark tearing at the crotch, remove large limbs with three cuts. Make the first cut on the underside of the branch one foot (1 ') to two feet (2') from the crotch. The undercut should be at least one-third (½) of the diameter. Make the second cut one-inch (1 ") to three inches (3") further from the crotch than the first. The final cut is made at the crotch in a manner to favor the earliest possible covering of the wound by callus growth. Cuts shall not be made so large that they will prevent sap flow. All cut branches three and one-half inches (3½") or larger in diameter shall be lowered by proper ropes to the ground. Any damage caused by dropping limbs shall be repaired within three (3) days at the Contractor's expense and to the satisfaction of the City's Contracting Officer. All debris resulting from tree pruning operations shall be removed from the work site on a daily basis.

C. Tool Sanitation - On all trees, including palms, known or suspected to be diseased, pruning tools and cut surfaces shall be disinfected with a ten (10) percent chlorine bleach solution after each cut and between trees where there is danger of transmitting the disease on tools. Fresh solution shall be mixed daily.

1.7 Annual Routine Tree Pruning
A Routine tree pruning per pre-designed districts, grids or prune routes on a set cycle to include all trees. Pruning will include structural pruning, crown raising, and crown cleaning in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards. Special projects that are difficult to access, require the need for specialty equipment (i.e., 95-foot tower), service request pruning, or pruning to reduce and/or pruning to restore would fall under Crew Rental.

B. Contractor shall comply with Standards of CAL OSHA and the American National Standard Institute, Z133 Safety Requirements.

C. Contractor shall notify the resident forty-eight (48) hours in advance of pruning.

D. Contractor shall provide and post "No Parking" signs twenty-four (24) hours in advance of work.

Technical Specifications
31 Packet Page. 3432
E. Contractor shall endeavor to maintain good public relations at all times.

The work shall be conducted in a manner which will cause the least possible interference and annoyance to the public. Work shall be performed by competent employees and supervised by an experienced supervisor in tree maintenance operations. The Contractor shall be responsible for advance notification to residents at each work location. The Contractor shall be responsible to see that private property and vehicles at work locations are not endangered or damaged during the course of work.

F. Contractor shall exercise precautions as necessary when working adjacent to aerial and subterranean utilities. In the event that aerial utility wires present a hazard to the Contractor's personnel or others near the work site, work is to immediately cease and the appropriate utility company notified. Work shall then commence in accordance with instructions from the utility company. In the event that work causes excavation, the City is responsible for properly marking the location and the Contractor is responsible for appropriate notification of Underground Service Alert (USA).

G. No hooks, gaffs, spurs or climbers will be used for anything other than removals.

H. Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner to promote fast callous growth.

I. When pruning fungus infected, diseased or fire blighted limbs or fronds, all pruning tools shall be cleaned after each cut with alcohol or bleach.

J. Topping shall not be done unless specifically requested by the City.

K. The specific techniques employed shall be consistent with industry practice for the size and species of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed at the trunk or main branch.

All cuts shall be made sufficiently close, ½ inch, to the parent stem so that healing can readily start under normal conditions. All limbs 2" or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree.

L. Cut laterals to preserve the natural form of the tree, leaving the head open enough for the branching system to show and permitting the dead material to be easily cleaned out and light to show through the head. Tree foliage shall be reduced by at least fifteen (15%) percent but no more than thirty (30%) percent.

M. Trim to remove dead wood or weak, diseased, insect-infested, broken, low, or Technical Specifications
32 Packet Page. 3433
crossing limbs. Branches with an extremely narrow angle of attachment should normally be removed.

N. Small limbs, including suckers and waterspouts, shall be cut close to the trunk or branch from which they arise.

0. Heading cuts and/or topping will not be allowed under any circumstances.

Heading, rounding over, or stubbing shall not be an accepted practice for reducing the size or the framework of any tree.

1.8 Pruning for Traffic Clearances
A. Tree pruning for traffic clearances shall provide clearances of at least fourteen (14') feet and no greater than sixteen feet (16') above finish grade for moving vehicles within the traveled roadway, for pedestrians on sidewalks in accordance with standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards under "Pruning to Raise." Clearance trims are performed on a grid system or on a street-by-street basis. Clearances for adjacent structures and their connecting utility lines (service drops), shall be determined by the City's Contracting officer and conform to the following:

B. The minimum clearance under trees within the street right-of-way shall be fourteen (14') feet over the traveled road, and nine feet (9') over the curb line and the sidewalk side of the tree. When pruning the bottom branches, care shall be given to obtain a balanced appearance when viewed from across the street immediately opposite the tree.

C. Cut to laterals to preserve the natural form of the tree. Remove lateral branches at their point of origin, or shorten the length of a branch by cutting to a lateral, which is large enough to assume leadership.

D. When cutting back, avoid cutting back to small suckers. Remove smaller limbs and twigs in such a manner as to leave the foliage pattern evenly distributed.

1.9 Pruning Palm Trees
A. Palm tree pruning shall consist of the removal of loose dead fronds, fruit clusters and other vegetation from the trunks of all palms in a manner selected by the Contractor and approved by the City's Contracting Officer, and in accordance to the following:

Technical Specifications
33 Packet Page. 3434
B. The use of climbing spurs or spike shoes for the purpose of climbing palm trees is prohibited, unless specifically approved by the City's Contracting Officer. The Contractor shall be required to use an aerial tower with sufficient height to reach the crown for the purpose of pruning palm trees.

C. Palm skinning (additional service & cost) - Dead fronds, and parts thereof, including stubs, can be removed along the entire length of the trunk of each palm, leaving a clean unsheathed appearance slicked from the ground to approximately twenty-four to thirty-six (24" - 36") inches from the base of the green fronds at the top of the tree. The frond stubs (cut close to trunk) can be left in place within a span of at least eighteen (18") inches but no greater than thirty-six (36") inches.

1.10 Service Request Tree Pruning
A. Trees that need service prior to their scheduled annual trim shall be trimmed according to the following timeline. The City shall submit a list of work orders to the Contractor during the last week of each month. The service requests on that list shall be completed within the first two weeks of the following month.

B. The trimming shall provide a symmetrical shape and aesthetically p I easing appearance typical of the species. In addition, trees shall be trimmed to provide a minimum clearance of fourteen (14) feet over the roadway and seven (9) feet over walkways. Trees shall also be trimmed to remove any obstruction around traffic control devices, traffic signs and streetlights. Additional trimming shall be performed to mitigate any extreme effect of the clearance trimming and provide an aesthetic appearance.

C. The techniques employed shall be consistent with industry practice for the size and species of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed at the trunk or main branch. All cuts shall be made sufficiently close, ½ inch to the parent stem so that healing can readily start under normal conditions. All limbs 2" or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree. All trees shall be thinned of smaller limbs when necessary to distribute the foliage evenly.

Technical Specifications
34 Packet Page. 3435

1.11 Tree Removals
A. Contractor is responsible for calling Underground Service Alert (USA) when directed by City to perform tree removal. Crew removes tree and hauls away all debris. Crew grinds stumps to a depth of eighteen (18") inches. All holes will be backfilled; as well as all debris cleaned up and hauled away. Special projects that are difficult to access with equipment, or require the need for a crane or an aerial tower over seventy-five (75') feet would fall under Crew Rental rates. The City's Contracting Officer shall make the final determination to remove or provide public noticing for removal at a later date. Removals shall be conducted in accordance with the standards of the arboricultural profession.

B. All wood from removed trees is the property of the City and shall be disposed of at the direction of the City's Contracting Officer. No wood shall be left along the public right- of-way unless approved by the City's Contracting Officer. All tree parts are to be loaded into transport vehicles or containers. The vehicles or containers must have the front, sides and rear solid and the top shall be tarped or otherwise tightly enclosed. The transporting of tree parts must be made so that no debris escapes during the transport. Branches, suckers, bark and other tree parts that are chipped are to be covered while transported and hauled to the disposal site during the workday.

C. The City is responsible for marking trees so that they are easily identifiable by Underground Service Alert and the Contractor. The Contractor shall be required to call Underground Alert at least 2 days before stumps are to be ground out. All tree stumps must be removed to at least 18 inches below the lowest soil level adjacent to the stump or until deep roots are no longer encountered. The Contractor shall grind the stump a minimum distance of one and a half (1 ½') feet either side of the outer circumference of the stump, or until surface roots are no longer encountered.

D. Stumps should be cut low enough to the ground where routing can be done safely. This may be accomplished by cutting the stump at the time of grinding, or at the time of tree removal except for infrastructure conflicts. Holes created by stump and root grinding must be filled the same day. The resultant chips from routing may be used to fill the hole to two (2") inches above normal ground level. All excess routing chips debris will be removed and loaded into transport vehicle for disposal. Any damaged paved surfaces shall be restored to their original condition.

Technical Specifications
35 Packet Page. 3436

1.12 Tree Planting
A. Planting includes the tree, stakes, ties and complete installation and watering for ninety (90) calendar days. Planting lists should be compiled by the City's Contracting Officer and submitted monthly or as needed. Contractor will guarantee the quality of the tree stock and workmanship.

B. Contractor shall provide all equipment, labor and materials necessary for the planting of trees throughout the City in accordance with the specifications herein.

C. The City shall be responsible for marking locations and the Contractor will notify Underground Service Alert (USA) prior to planting.

D. Planting pit shall be dug twice the width and the same depth of the root ball.

Before placing the tree in the planting pit, Contractor shall examine root ball for injured roots and canopy for broken branches. Damaged roots should be cleanly cut off at a point just in front of the break. Broken branches should be cut out of the canopy making sure that the branch collar is not damaged.

E. Tree shall be placed in the planting pit with its original growing level (the truck flare) at the same height of the surrounding finish grade. In grass-covered parkways, the top of the root ball shall be level or slightly higher than the surrounding soil. In a concrete tree well, the root ball shall be 3 inches below the level of the finished surface of the concrete.

F. Backfill material should be native soil. Eliminate all air pockets while backfilling the planting pit by watering the soil as it's put into the hole.

G. Trees that are planted in parkways shall have a 4"-6" high water retention basin built around the tree capable of holding at least ten (10) gallons of water. In a concrete tree well, soil should be raked against the edge of the concrete to create a sloping basin. Immediately after planting, the tree shall be watered thoroughly by filling the water retention basin twice.

H. All trees shall be staked with two wooded lodge poles and two ties per pole.

Minimum size of lodge poles shall be ten (1 O') feet long, with a one and a half (1 ½") inch diameter. Tree ties shall be placed at one third (½") and twothirds (2/3) of the trunk height. Stakes shall not penetrate the root ball and shall be driven into the ground approximately twenty-four to thirty (24"-30") inches below grade.

I. Trunk protectors such as Arbor-Gards or an approved equal shall be placed at the base of the trunk of all new trees immediately after planting.

Technical Specifications
36 Packet Page. 3437
J. In some cases, root barriers may be required. The City will make this determination. Should a root barrier be required, the Contractor will install a mechanical barrier that redirects root growth downward, eliminating the surface rooting that damages expensive hardscapes and creates a hazard. The barrier shall be twelve (12") inches in depth and at a length determined by the City and placed in a circular fashion surrounding the tree's root system. Root barriers are an additional service and cost.

K. Clean up all trash and any soil or dirt spilled on any paved surface at the end of each working day.

L. All trees shall be of good nursery stock that adheres to the American Standard for Nursery Stock as described in the ANSI Z60.1-1996 Standards.

Trees shall be free from pests, disease and structural defects.

1.13 Crew Rental
The standard crew is three men, one chipper truck, one chipper, one aerial tower and all necessary hand tools. The crew and equipment can be modified to complete any type of miscellaneous tasks including special projects that may consist of extraordinary work such as hanging flags, changing light bulbs, or trimming specific trees requiring immediate attention prior to their scheduled trim. Trees requiring service prior to their regularly scheduled grid or annual trim to rectify a specific problem such as blocked street lighting or signs, right-of-way clearance for utility lines, or broken limbs may be performed under the Crew Rental rate.

1.14 Emergency Response
A. The Contractor shall be required to provide emergency on call response for damaged trees as a result of storms or other reasons. Emergency calls may occur at any given time. The Contractor will be provided with locations and the work to be done at each location via telephone from a City authorized representative. Emergency work shall begin within two (2) hours of the initial telephone call.

B. Contractor shall be required to provide a twenty-four (24) hour emergency phone number or the names of at least ten (10) contact individuals upon award of contract. Should the contact persons or their phone numbers change during the course of the contract, those changes shall be submitted to the City within two (2) working days.

Technical Specifications
37 Packet Page. 3438
C. Contractor shall be required to provide all necessary traffic control during the course of emergency work. Should the work involve any high voltage power lines or any utility lines the Contractor shall be required to notify the responsible utility company.

D. Work performed under the emergency provision of this contract shall be paid for on a crew hour basis. This shall include all labor, tools equipment, disposal fees and necessary materials.

1.15 Line Clearance Pruning
During the course of this contract the Contractor may be required to perform utility line clearance in conjunction with routine or non-routine pruning activities.

The Contractor shall be required to furnish all supervision, labor, equipment and materials necessary to accomplish the work in accordance with the contract. The Contractor has the responsibility for compliance with safety and health standards of the California Occupational Safety and Health Act (OSHA) and all applicable rules, regulations and orders. The manager overseeing the project should be a Certified Utility Specialist and the persons completing the work should be Line Clearance Treeworkers. The competency of Contractor's personnel shall be maintained through regular training. All persons performing tree work on City trees in or around primary electrical lines shall be trained to do so in accordance the "Electrical Safety Orders" of the State of California.

1.16 Tree Watering
Watering is performed by a one man crew with a water truck who will water various routes including landscape median and young trees that are three (3) years old and younger.

1.17 Small Tree Care
The City requires an active approach to the care of its young and newly planted trees. The Contractor shall be required to perform basic maintenance that will include but not be limited to tree well adjustments and watering, removal of weeds from tree wells, structural pruning, and re-staking when necessary.

1.18 Arborist Services
On occasion, the City requires tree evaluations including written reports. The vendor shall provide an hourly rate for an Arborist that can respond to the City's request(s) for the preparation of detailed arborist reports, tree evaluations and site inspections. Reporting can be generated on as little as one tree to an entire urban forest population and is handled on a case-by-case basis.

Technical Specifications
38 Packet Page. 3439

1.19 Traffic Control
A. Contractor shall conform to all City traffic safety requirements and operating rules at all times while this contract is in effect. The Contractor shall employee staff certified as Traffic Control Design Specialist and Traffic Control Technicians in accordance with the American Traffic Safety Services Association {ATSSA).

B. Contractor will be responsible for supplying and using all safety equipment necessary to close or delineate traffic lanes to through traffic. This is to include a high visibility Arrow Board(s) as necessary. The City, prior to use, must approve all traffic safety equipment for use. Illuminated arrow boards, sign stands, delineators and/or cones shall be used to identify work site for vehicular and pedestrian safety.

1.20 Public Noticing of Tree Pruning Operations
A. Contractor shall be required to notify residents and/or businesses of scheduled tree pruning operations at least forty-eight (48) hours prior to the work being performed. Notifications shall be made in the form of door hangers.

B. City approved "No Parking" signs shall be posted on individual trees scheduled for pruning twenty-four (24) hours prior to the work being performed.

1.21 Clean Up
A. Contractor shall clean all job sites when work is completed, including the raking of leaves, twigs, etc. from the lawns and parkways and the sweeping of streets.

B. Each day's scheduled work shall be completed and cleaned up, and under no circumstances shall any brush, leaves, debris or equipment be left on the street overnight. Contractor's equipment may be stored overnight, with advance approval, in the City Yard; however the City will not be responsible for security of Contractor's equipment.

C. Brush and debris shall be removed daily, sidewalks swept, lawns and parkways raked out and gutters cleaned.

D. The City's Contracting Officer or his authorized representative shall be the sole judge as to the adequacy of the clean-up.

Technical Specifications
39 Packet Page. 3440

1.22 Disposal of Debris
A. All tree debris produced as a result of the Contractor's operations under this contract will be reduced, reused, recycled, and/or transformed. The City will receive information detailing the amount of debris recycled. This information will be used for compliance with Assembly Bill 939.

B. Greenwaste that is transported to an offs it e facility for grinding into mulch shall be documented and available to the City on a monthly basis.

C. Wood Chips generated from pruning operations within the City of Fontana may first be dumped at a City designated site.

D. At the direction of the City's Contracting Officer and per accepted proposal, large tree trunks, which meet proper specifications, may be milled into lumber suitable for use in a variety of applications. Milled lumber shall be returned to the City at a cost to be included in the bid proposal.

1.23 Parking
The City of Fontana will make every attempt to identify a suitable space for parking of vehicles and equipment for the purpose of this contract. The Contractor will hold the City of Bell harmless and release the City of liability as a result of theft or vandalism.

1.24 Invoices
Contractor shall submit invoices on a monthly basis. Invoice format shall include but not be limited to a list of all tree maintenance operations that took place, the address of each individual tree, the species and its height and trunk diameter of each individual tree. Failure to submit invoices in this format may result in nonpayment until these requirements are met.

1.25 Inspections
The City's Contracting Officer or his designated representative, shall, at all times, have the access to inspect work, facilities and equipment.

Technical Specifications
40 Packet Page. 3441

1.26 Withholding Payment
The City may withhold payment to protect the City from loss due to one or more of the following reasons:

A. Defective or inadequate work not corrected.

B. Claims filed or reasonable evidence indicating probable filing of claims.

C. A reasonable doubt that the contract can be completed for the balance unpaid.

1.27 Minor Modifications and/or Additional Work
A. The City may modify these specifications with the joint approval of the Contractor and the City's Contracting Officer. All modifications shall be in writing.

B. In the event that the City of Fontana should require additional work beyond the requirements of these specifications, the Contractor shall perform all work at a competitive price.

C. Additional work may be added to the contract work as the need arises.

The Contractor shall perform all specified and approved additional work at the unit prices submitted with this bid proposal.

D. The Contractor must be willing to provide a competitive price for additional work that may be added to the contract. Contractor will be required to demonstrate the ability to properly execute the expanded workload with the necessary increase in labor, materials and equipment needed to complete the additional work in a timely manner.

E. The Contractor must have the ability to receive and respond to emergency situations and must respond to emergency call outs within one hundred twenty (120) minutes of receipt of the call.

1.28 CLARIFICATION OF SPECIFICATIONS
A. If any bidder, prior to submitting their bid should find any discrepancies and/or omissions from the specifications or other contract documents, or if they should be in doubt as to the true meaning of any part thereof, they shall at once make a written request to the City's Contracting Officer for corrections, clarification, or interpretation of the points in question. The person submitting such request shall be responsible for its prompt delivery.

Technical Specifications
41 Packet Page. 3442
B. In the event that the City's Contracting Officer receives a request and it should be found that certain essential information is not clearly and fully set forth, or if the City discovers errors, omissions, or points requiring clarification in these documents, a written addendum will be mailed to each person to whom a set of bid documents has been delivered. The City will not be responsible for any instructions, explanations, or interpretations of the documents presented to bidders in any manner other than written addendum.

Technical Specifications
42 Packet Page. 3443
(SUBMIT ONLINE WITH PROPOSAL}

PROPOSAL FORMS

AUTHORIZATION DOCUMENT
TO CITY OF FONT ANA, as CITY:

In accordance with CITY'S "Request for Proposals", the undersigned PROPOSER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated service program as set forth in the Instructions to Proposers, General Requirements, Special Conditions, Proposal Documents, Contract Documents, and Scope of Work therefore, and to perform all work in the manner and Ume prescribed therein.

PROPOSER declares that this proposal is based upon careful examination of the City facilities and work site, Instructions to Proposer, General Requirements, Special Conditions, Proposer Documents, Contract Documents, Scope of Work, and Plans. If this proposal is accepted for award, PROPOSER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Proposal Summary Sheet.

PROPOSER understands that a proposal is required for the entire work that the estimated quantities set forth in the Proposal Form are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices in the proposal include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts proposed, unit prices shall govern over extended amounts.

PROPOSER certifies that it has visited the site and familiarized itself with local conditions under which the work is to be performed. Furthermore, PROPOSER certifies that it will be responsible for incorporating into its proposal contingencies discernible by a reasonable investigation.

PROPOSER agrees and acknowledges that it is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workman's compensation or to undertake self-insurance in accordance with the provisions of that Code, and that the PROPOSER will comply with such provisions of that Code before commencing the performance of this Contract if awarded to it.

PROPOSER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any Agency, State, or Federal equal employment opportunity have been satisfactorily filed, and that no such reports are currently outstanding.

PROPOSER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the CITY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a proposal for the same work; and that this proposal is in all respects fair and without collusion or fraud.

Authorization Document
43 Packet Page. 3444
(SUBMIT ONLINE WITH PROPOSAL)
PROPOSER certifies that affirmative action has been taken to seek out and consider disadvantaged business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been carefully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder.

Furthermore, PROPOSER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents.

DATED

PROPOSER NAME

PROPOSER ADDRESS
BY
PHONE
TITLE
FAX
Authorization Document
44 E-MAIL
Packet Page. 3445
(SUBMIT ONLINE WITH PROPOSAL)

INFORMATION REQUIRED OF PROPOSERS
PROPOSER certifies that the following information is true and correct:

Proposer's Name:

Contact Name:

Business Address:

Telephone: __________ _ Fax: -------------
Email Address: .,___ __________ _
State Contractor's License No. and Class: ----------------- Original Date Issued: _______ _ Expiration Date: ________ _ How many years has Proposer's organization been in business under its present name? Under what other or former names has Proposer's organization operated? If Proposer's organization is a corporation, answer the following:

Date of Incorporation:

State of Incorporation:

President's Name:

Vice President's Name(s): ______________ _
Secretary's Name:

Treasurer's Name:

If an individual or a partnership, answer the following:

Information Required of Proposers
45 Packet Page. 3446
(SUBMIT ONLINE WITH PROPOSAL)
Date of Organization:

Name and address of all partners (state whether general or limited partnership):

If other than a corporation or partnership, describe organization and name principals:

List other states in which Proposer's organization is legally qualified to do business.

What type of work does the Proposer normally perform with its own forces? Has Proposer ever failed to complete any work awarded to it? If so, note when, where, and why:

Within the last five years, has any officer or partner of Proposer's organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:

Information Required of Proposers
46 Packet Page. 3447
(SUBMIT ONLINE WITH PROPOSAL)

LIST OF REFERENCES
Please provide information of at least five (5) and no more than ten (10) references which are in similar size and scope of work that the proposer has provided Janitorial Services to within the last four (4) years.

Project Client
(Name/Phone)
Description of
Work
List of References
47 Period of Magnitude
Performance Annual Value of
Contract
Packet Page. 3448
(SUBMIT ONLINE WITH PROPOSAL)

NON-COLLUSION DECLARATION
Tree Maintenance Services, PW-24-191-SP
The undersigned declares:

I am the ______________ of __________ _
___________________ , the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.

The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ---------~date], at ---------------~city], [state].
(Title)
(Signature)
(Print Name)
Non-Collusion Declaration
48 Packet Page. 3449
(SUBMIT ONLINE WITH PROPOSAL)

CERTIFICATION OF NON-DISCRIMINATION BY CONTRACTORS
Labor Code Section 1735 requires that no discrimination be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex of such persons, except as provided in Government Code Section 12940.

The firm listed below certifies that it does not discriminate in its employment with regard to the factors set forth in Labor Code Section 1735; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal employment opportunity in employment.

We agree specifically:

1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.

2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large.

3. To take affirmative steps to hire minority employees within the company.

FIRM: ---------------------------
TITLE OF PERSON SIGNING: _______________ _
SIGNATURE: ____________________ _
DATE: ---------------------------
Please include any additional information available regarding equal opportunity employment programs now in effect within your company.

Certification of Non-Discrimination By Contractors
49 Packet Page. 3450
{SUBMIT ONLINE WITH PROPOSAL)

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700 et seq. of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code. I agree to and will comply with such provisions before commencing the Work governed by this Contract.

Name of Contractor:

By:

SIGNATURE
CONTRACTOR:

NAME
TITLE
DATE
Certification Labor Code
50 Packet Page. 3451
(SUBMIT ONLINE WITH PROPOSAL)

PROPOSAL SUMMARY SHEET
Tree Maintenance Services, PW-24-191-SP
NAME OF PROPOSER: -----------------------

DESCRIPTION UNIT

1. 2.

3. 4.

ROUTINE ANNUAL TREE TRIMMING
ON GRID BASIS per tree

AESTHETIC OR SERVICE REQUEST
PRUNING:
a. 0 - 6" dbh per tree
b. 7" -12" dbh per tree
C. 13" -18" dbh per tree
d. 19" - 24" dbh per tree
e. 25" - 36" dbh per tree
f. 37" dbh & over per tree
PALM TREE TRIMMING:
a. King or Queen Palm, any size per tree
b. Washingtonia Palm, any size per tree
C. Canary Island Date Palm, any size per tree
TREE REMOVAL:
a. Tree and Stump Removal, 0 - 24" dbh per diameter inch b. Tree and Stump Removal, over 25" dbh per diameter inch C. Tree Removal only, 0 - 24" dbh per diameter inch
d. Tree Removal only, over 25" dbh per diameter inch
e. Stump Removal only per diameter inch
f. Root Pruning per linear foot
g. Root Barrier Installation per linear foot
Proposal Summary Sheet
51 PRICE
$
$
$
$
$
$
$ __
$
$
$
$
$
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DESCRIPTION UNIT

5. TREE PLANTING
(includes labor, tree and 90 day watering):
a. 15 Gallon Tree per tree
b. 15 Gallon Tree w/ Root Barrier per tree
C. 24" Box Tree per tree
d. 24" Box Tree w/ Root Barrier per tree
e. 36" Box Tree per tree
f. 36" Box Tree w/ Root Barrier per tree

6. TREE WATERING per day

7. ON CALL and EMERGENCY CREW RENTAL
3 MAN CREW WITH EQUIPMENT:
(including truck, chipper and aerial lift)
a. During Regular Work Hours per hour
b. After Hours Work per hour

8. SMALL TREE CARE per day

9. SPECIAL TY EQUIPMENT w/ Operator:
a. Crane (15 ton minimum) per hour
b. Loader per hour
c. Roll Off Container per hour
d. 95' Aerial Tower per hour

10. PEST CONTROL APPLICATION per tree

11. ARBORIST SERVICES (i.e. tree evaluations
Including written reports and photographs) per hour

12. GPS TREE INVENTORY per tree site

13. TREE INVENTORY SOFTWARE annually
Proposal Summary Sheet
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(SUBMIT ONLINE WITH PROPOSAL)

SCOPE OF SERVICES
The City of Fontana is soliciting Requests for Proposals from highly qualified firms to provide annual services for tree maintenance. The selected firm will also be responsible for responding to the City's emergency tree issues. The City currently maintains approximately 59,600 trees located in the City's park, landscape, and right-of-way areas.

These trees currently are trimmed annually on a five year trim cycle.

The purpose of this maintenance contract is to provide the City of Fontana with the best possible v a I u e i n tree maintenance services. The selected firm will work closely with City staff to ensure the most appropriate care and maintenance of the City's trees.

It is the intent of the City to award a five (5) year contract to the selected firm with the option of five additional one-year increments at the City's sole discretion. The City reserves the right to further negotiate the terms and conditions of the contract. The City reserves the right to reject any proposal for noncompliance with contract requirements and provisions, or to not award a contract because of unforeseen circumstances or if it is determined to be in the best interest of the City. This contract will be awarded based on demonstrated ability and performance providing similar services at a fair and reasonable cost. This contract may not be awarded to the lowest bidder. The City does not guarantee a specific amount of work and the quantity of work may increase or decrease depending on needs. The work is routine maintenance and includes trimming or pruning, watering, removing and planting of trees, pest control and inventory services.

The City, at its option and with Contractor concurrence, may renew this contract for five ( 5) additional years, in one year increments, on the same terms and conditions as provided herein. This option may be exercised only if the Contractor demonstrates superior performance in the provision of tree maintenance services during the prior five year contract term. The City has the right to terminate the contract with a 30-day notice for any reason.

Scope of Services
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CITY OF FONTANA

TREE MAINTENANCE SERVICES AGREEMENT
TRACKING NUMBER: PW-24-191-SP

1. PARTIES AND DATE.

This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***] by and between the City of Fontana, a public agency organized under the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 ("City") and [***INSERT NAME***], a [***[INSERT TYPE

OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY]***] with its principal place of business at [***INSERT ADDRESS***] ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

2. RECITALS.

2.1 Contractor.

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

Contractor represents that it is experienced in providing [***INSERT TYPE OF SERVICES***] services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City.

2.2 Project.

City desires to engage Contractor to render such services for the [***INSERT NAME OF PROJECT***] project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.
3 .1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [***INSERT TYPE OF SERVICES***] maintenance services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, Agreement
54 Packet Page. 3455
and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The tenn of this Agreement shall be from [***INSERT START DATE***] to [***INSERT ENDING DATE***], unless earlier terminated as provided herein.

Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Contractor.
3 .2.1 Control and Payment of Subordinates: Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control.

Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

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

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

3.2.4 City's Representative. The City hereby designates [***INSERT NAME OR TITLE***], or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalfofthe City for a11 purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee.

3.2.5 Contractor's Representative. Contractor hereby designates [***INSERT NAME OR TITLE***], or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for • all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his best skill and attention, 16498.00]50\32126938.1
Contract Agreement
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1 Grid Prune Each $80.00
2 Aesthetic/Svc Rqst Prune 0-12 DBH Each $80.00
3 Aesthetic/Svc Rqst Prune 13-18 DBH Each $115.00
4 Aesthetic/Svc Rqst Prune 19-24 DBH Each $175.00
5 Aesthetic/Svc Rqst Prune 25-36 DBH Each $225.00
6 Aesthetic/Svc Rqst Prune 37+ DBH Each $275.00
7 Palm Prune - King/Queen Each $60.00
8 Palm Prune - Washingtonia Each $80.00
9 Palm Prune - Date Each $115.00
10 Tree & Stump Removal 0-24 DBH Inch $43.00
11 Tree & Stump Removal 25+ DBH Inch $53.00
12 Tree Only Removal 0-24 DBH Inch $33.00
13 Tree Only Removal 25+ DBH Inch $43.00
14 Stump Only Removal Inch $19.00
15 Root Pruning Foot $33.00
16 Root Barrier Installation Foot $33.00
17 Plant 15 Gal w/o RB Each $195.00
18 Plant 15 Gal w/RB Each $220.00
19 Plant 24" Box w/o RB Each $395.00
20 Plant 24" Box w/RB Each $420.00
21 Plant 36" Box w/o RB Each $1,150.00
22 Plant 36" Box w/RB Each $1,250.00
23 Tree Watering Day $800.00
24 Small Tree Care Day $800.00
25 Pest Control Application - per tree Each $170.00
26 Arborist Services Man Hour $170.00
27 GPS Tree Inventory Each $4.00
28 Specialty Equipment Rental Hour $170.00
29 Crew Rental (3 workers @$300/hr) Man Hour $100.00
30 Emergency Crew Rental (3 workers @$375/hr) Man Hour $125.00 The proposed rates reflect the same rates from the City of Fontana's formal competitive bid which WCA was successfully awarded.

We would be glad to offer these same rates effective 07/01/2026.

CITY OF SAN BERNARDINO
Item
Schedule of Compensation for Year 2026 - 2027
Tree Maintenance Services performed by WCA, Inc.

Description Unit Proposed Prices
Printed on: 5/26/2026 3:10:00 PM Packet Page. 3485 Page 1 of 1

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: July 15, 2026
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Approve a $500,000 Increase to the Contingency Budget for the Seccombe Lake Park Revitalization Project,
Increasing the Total Contingency Budget to $1,592,721.60 and Appropriating AB 1600 Parkland and Open Space
Funds. (Ward 2)
Recommendation:

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

1. Approve an increase to the contingency budget for the Seccombe Lake Park Revitalization Project (Project) in the amount of $500,000, increasing the total contingency budget amount to $1,592,721.60; and

2. Adopt Resolution No. 2026-125 authorizing the Director of Finance and Management Services to amend the FY 2026/27 Capital Improvement Plan budget with an additional $500,000 from the AB 1600 Parkland and Open Space Fund for the Project; and

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

City Manager's Comments
The City Manager recommends approval.

Executive Summary
Due to length of time that was needed to acquire the necessary permits for the prefabricated restroom/concession building, the Project construction phase is expected to run through the end of September 2026. As such, additional funding is necessary to continue the previously approved construction agreement and Packet Page. 3486
construction management and inspection services. To support the final portion of the current construction phase, an additional funding allocation is recommended to increase the contingency budget.

Approval of this item will increase the project contingency by $500,000, from $1,092,721.60 to $1,592,721.60. The additional funding will be used to complete construction management, inspection, project administration, anticipated change orders, and remaining construction activities associated with the delayed completion of the project. No General Fund dollars are proposed for this action. Funding is proposed from the AB 1600 Parkland and Open Space Fund.

Background
Seccombe Lake Park is located in the center of the City and has been serving the surrounding community for many years. Due to neglect and vandalism, the Park has not felt welcoming to visitors. The Seccombe Lake Park will receive a new look and be recreated to meet the current recreational needs of the neighborhood and community.

On September 21, 2022 Mayor and City Council approved design services agreement award for Seccombe Lake Park Revitalization Project in the amount of $537,855.

On July 19, 2023, the Mayor and City Council approved a concept plan that included a variety of park improvements. The improvements included, but are not limited to, playground equipment, lighting, ADA accessibility, exercise stations, gazebo renovations, parking lot rehabilitation, renovation of dirt/gras areas, and new restrooms.

On March 6, 2024, the Mayor and City Council approved Amendment No. 1 to the Agreement with RHA Landscape Architects – Planners Inc. in the amount of $53,000 for Seccombe Lake Park Project.

On September 18, 2024, the Major and City Council received and filed an update on the City’s American Rescue Plan Act (ARPA) projects, allocations, and spending to date and authorized the City Manager to obligate ARPA funds for City led projects per the US Department of Treasury Guidelines, by executing Inter-Agency agreements.

This Project received an additional $1 million in funding from the San Manuel Band of Mission Indians to help support the renovations.

On October 2, 2024, the Mayor and City Council have authorized allocating $3,792,332 in American Rescue Plan Act (ARPA) funds to address a budget shortfall for the Seccombe Lake Park project. Staff suggests reallocating this amount from the Encanto Community Center project, which has a total budget of $9.2 million but a significant funding shortfall. By fully funding the Seccombe Lake project with these ARPA funds, the Council can ensure its completion instead of providing only partial funding to the Encanto project.

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On December 4, 2024 The Mayor and City Council awarded an agreement for construction of the Project to Landscape Support Services in the amount of $10,539,509.65 and approved a Task Order with CSG Consultants in the amount of $700,305 for construction management and inspection services. A contingency budget of $1,092,721.60 was also approved for construction of the project.

On December 3, 2025, the Mayor and City Council approved Amendment No. 2 to the Design Services Agreement with RHA Landscape Architects – Planners, Inc. to extend the term of the agreement through June 30, 2027.

Discussion
The Project included the purchasing and installation of two buildings. A standalone restroom building, and a combination restroom/concession building. As part of the design process for the prefabricated restroom/concession building, a County Health Department review and permit is required. This permit is specific to the concession portion of the prefabricated building that is equipped to be used as a kitchen. Since this permit can result in modifications to the design, the fabrication of the restroom/concession building did not start until after the permit is acquired. This resulted in the fabrication and delivery being completed past the originally scheduled Project deadline. As a result, other portions of the project construction scheduled also needed to be adjusted.

The tentative project completion date has shifted from February 2026 to September 2026. To complete the Project, funding for additional construction, professional services (construction management, inspection, construction support etc.) and administrative costs are recommended.

Project Contingency Budget Summary
Current Contingency Budget $1,092,721.60
Authorized Change Orders ($526,521.26)
Authorized CSG Engineering Task Order Amendment ($542,408.00) RHA Amendment No. 1 ($53,000)
City Administrative Costs (43,199.33)
Estimated Pending Change Orders ($325,000)
Contingency Budget Funding Need ($397,406.99)
A contingency budget increase of $500,000 is recommended to cover the current $387,406 needed and additional items that may be identified as the Project progresses.

Proposed Contingency Budget
Original Approved Funding $1,092,721.60
Proposed Funding Increase (Contingency) $500,000.00
Total Proposed Project Budget $1,592,721.60
There is sufficient funding available within the AB 1600 Parkland and Open Space Packet Page. 3488
Fund balance for the proposed contingency increase of $500,000. 2021-2025 Strategic Targets and Goals
This Project is consistent with Key Target No.4: Economic Growth & Development.

The additional amenities to Seccombe Lake Park will improve community participation for recreational activities and provide a safe and well-maintained community park.

Fiscal Impact
Approval will appropriate an additional $500,000 from the AB 1600 Parkland and Open Space Fund to increase the project contingency budget from $1,092,721.60 to $1,592,721.60. No General Fund dollars are proposed for this action. Following this appropriation, staff should disclose the remaining available balance in the AB 1600 Parkland and Open Space Fund and confirm whether the appropriation affects any currently programmed park projects.

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

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

Attachments
Attachment 1 Resolution No. 2026-125
Attachment 2 Location Map
Ward:

First Ward
Synopsis of Previous Council Actions:

September 21, 2022 Approved design services agreement award for Seccombe Lake Park Revitalization Project
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July 19, 2023 Approved the Concept Plan for the Seccombe Lake Park Revitalization Project
March 6, 2024 Approved Amendment No. 1 to Agreement with RHA Landscape Architects – Planners Inc. for Seccombe Lake Park Design Services in the amount of $53,000 (Ward 1)
October 2, 2024 Approved allocation of $3,792,332 in additional American Rescue Plan Act funds for the project.

December 4, 2024 Awarded agreement for construction of the Project to Landscape Support Services in the amount of $10,539,509.65, approved Task Order with CSG Consultants in the amount of $700,305, and a total contingency budget of $1,092,721.60.

December 3, 2025 Approved Amendment No. 2 to the Design Services agreement with RHA Landscape Architects – Planners, Inc. to extend the term of the agreement through June 30, 2027.

CC: Eric Levitt, City Manager
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Resolution No. 2026-125
Resolution No. 2026-125
July 15, 2026

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Mayor and City CouncilJuly 15, 2026

Mayor and City Council
July 15, 2026