CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 19, 2026
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Adoption of the Measure I Valley Major Streets Five-Year Capital Project Needs Analysis for Fiscal year 2027-2028 Through Fiscal Year 2031-2032 (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-140 approving the Measure I Valley Major Streets Five-Year Capital Project Needs Analysis for Fiscal Year 2027-2028 through Fiscal Year 2031-2032.
City Manager's Comments
The City Manager recommends adoption of the Resolution approving Measure I Valley Major Streets Five-Year Capital Project Needs Analysis for Fiscal Year 2027-2028 through Fiscal Year 2031-2032.
Executive Summary
Adoption of Resolution No. 2026-140 is required to participate in the Valley Major Streets Program. The projects identified in the Exhibit A have been previously included in the City’s Capital Improvement Program and will not impact the General Fund and have been identified in the San Bernardino County Transportation Authority (SBCTA) Nexus Study. The information included in the Resolution outlines the City’s project funding needs and allows the SBCTA to complete a cash flow analysis for the Valley Major Streets Program. Adoption of the Resolution is an annual SBCTA requirement for participation in the Valley Major Streets Program. Approval allows the City to remain eligible for Measure I reimbursement for qualifying regional transportation projects identified in the City's Capital Improvement Program.
Background
In November 1989, voters approved Measure I, allowing the SBCTA to implement a one-half percent retail transaction and use tax throughout the county. This tax, Packet Page. 675
commonly known as the 1/2-Cent Sales and Road Tax, was initially in place for 20 years, from April 1, 1990, to March 31, 2010. In November 2004, voters extended this tax for an additional 30 years, from April 1, 2010, through March 31, 2040.
Measure I funds the Valley Major Streets Program, which supports regional arterial projects identified in the San Bernardino County Transportation Authority (SBCTA) Nexus Study. This study outlines fair share contributions for regional transportation improvements, including freeway interchanges, railroad grade separations, and regional arterial highways. To be eligible for Measure I funds, projects must be located on the Nexus Study Network, which represents major roadways in San Bernardino County’s urbanized areas. These projects are included in the City’s Regional Traffic Circulation System Master Facilities Plan and Impact Fee Program.
Under the SBCTA San Bernardino Valley Subarea Expenditure Plan, eligible projects focus on improving congestion relief and safety on major streets that connect communities, serve significant destinations, and provide freeway access. Projects funded through this program aim to enhance roadway safety, alleviate traffic congestion, and make street improvements, particularly at rail crossings, while ensuring equitable distribution of funds across the county throughout the program’s lifespan.
To participate in the Valley Major Street Program, agencies must annually adopt a Five-Year Capital Project Needs Assessment (CPNA) to outline project funding needs for each fiscal year. The CPNA includes anticipated funding sources, amounts, and project phases for eligible projects from the SBCTA Nexus Study. This information helps SBCTA staff prepare a comprehensive capital needs and cash flow analysis for the Valley Major Street Program.
University Parkway (State Street) Extension
One of the ongoing projects is the extension of State Street, identified in the General Plan Circulation Element as a major arterial roadway. For more than 25 years, completing the segment of State Street between Foothill Boulevard and 16th Street has been a priority. The project, which includes two bridges and addresses environmental concerns, was divided into four phases. On August 17, 2022, the City Council awarded a construction contract to Riverside Construction Company, Inc.
Phase 1 of construction is completed. There are ongoing planning efforts to determine how the next phase of the project will proceed.
H Street Widening
H Street is identified as a major arterial street in the General Plan. The project aims to add two thru lanes in each direction with a two-way left-turn lane. It includes right-ofway acquisition, undergrounding utility lines, pavement widening, rehabilitation, curb and gutter installation, sidewalks, ADA-accessible ramps, street lighting, signage, striping, and traffic signal modifications at Kendall Drive and 40th Street. On October 18, 2017, the City Council approved a contract with CivilSource, Inc. for the Packet Page. 676
environmental and civil engineering design of the project. The final design is still in progress, pending the completion of the right of way portions of the project.
Mt Vernon Bridge
The replacement of the Mt. Vernon Bridge, a 1,016-foot-long bridge spanning 20 train tracks, is a critical infrastructure project for the City. Built in 1934, the bridge was considered structurally deficient and functionally obsolete, with a sufficiency rating of less than 50 out of 100. The bridge was officially opened for use in August 2025. 40th Street Widening
40th Street is a 4-lane major arterial road. The project involves expanding the roadway from two lanes to four lanes between Johnson and Electric Avenue, as well as upgrading the traffic signal at Electric Avenue. This will complete the last of the segments that needs 4 lanes. Design work on this project is ongoing, and right-of-way acquisition is in progress. The right-of-way acquisition process, which is required before undergrounding the utilities, typically takes several months to years, depending on the complexity of the acquisitions. A future item will be brought back to council to have a consultant complete the work right of way work. Once the acquisitions are completed, Southern California Edison will proceed with undergrounding the overhead utility lines under Rule 20-A, and will cover a significant portion of the cost. The city will be responsible for the work required to complete the lateral connections to the houses and business.
Discussion
The projects listed in the proposed FY 2027/2028 through 2031/2032 CPNA for the City of San Bernardino have previously been identified in the City's Capital Improvement Plan and are included in the adopted Master Facilities Plan for the Regional Circulation System Impact Fee (Development Impact Fee).
The key difference between the CPNA and the Measure I Five-Year Capital Improvement Plan is that the projects listed in the CPNA are those select projects that qualify for and intend to use funding from the Measure I Valley Major Street Program, along with matching funds collected from new development through the City's Regional Circulation System Impact Fee. The Regional Circulation System Impact Fee was adopted in anticipation of this program, and to satisfy the requirement that the new development pay its fair share toward regional improvements funded by the Measure I Valley Major Street Program. Only projects that will use Valley Major Street Program funds are required to be included in the CPNA.
The following four projects are recommended for continued inclusion in the CPNA:
1. State Street, Phase 1, 16th Street to Base Line Street (SS04-009)
2. “H” Street Widening from 40th Street to Kendall Drive (SS04-152)
3. Mt. Vernon Bridge Replacement Project (SS04-012)
4. 40th Street Widening from Johnson Street to Electric Avenue (SS04-014) Packet Page. 677
Eligible City of San Bernardino projects can have up to 67.6% of project costs paid by Measure I funds. Public works staff have ongoing coordination with SBCTA staff to determine reimbursement amounts for eligible projects. A table of estimated reimbursements for life-to-date project costs is provided below for 3 of the projects.
The reimbursement amounts below are planning estimates based on current project expenditures and assumed eligibility. Except where amounts are established by an executed cooperative agreement, final Measure I eligibility and reimbursement amounts are determined by SBCTA when the City submits supporting costs for reimbursement. These estimates are used by SBCTA to evaluate approximate program funding availability and should not be treated as guaranteed receivables.
Project
LTD Project
Costs
Total Estimated
Eligible for
Measure I
Total Measure I
Received
Estimated
Remaining
Measure I
State Street
(Phase 1) $8,442,109.67 $5,706,866.14 $1,089,029.81 $4,617,836.33 H Street
Widening $437,348.97 $230,420.47 $148,232.87 $82,187.60 40th Street
Widening $1,722,132.91 $1,142,642.33 $1,107,633.45 $35,008.88 The funding for Mt. Vernon Bridge is described in a Cooperative Agreement with SBCTA and the subsequent amendments. Total funding contributed from each funding source is provided below. These figures are from Amendment No. 3 to the Cooperative Agreement and are intended to show a breakdown of all funding sources. The latest estimated project cost is included in Exhibit A of the proposed resolution.
Funding Source Amount
Federal Highway Bridge Program $149,118,307
Federal Highway Infrastructure Program $23,495,394
Proposition 1B $3,452,670
BNSF $29,500,000
Measure I Valley Major Street Program $25,426,735
City of San Bernardino Development Impact Fees $14,686,779 Total Project Cost $245,679,885
To provide sufficient funding for the Mt. Vernon Bridge Project, the City previously approved the use of a five-year advance of Valley Major Street Program Funds. As a result, the project will remain on the CPNA until the project’s costs are paid, and the project is closed. The City may still move other projects listed on the CPNA forward.
The proposed Resolution does not add funding to the included projects. Funding for all projects has been approved in the previously adopted City Capital Improvement Plan.
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Strategic Goals and Priorities
The Measure I Five-year Capital Project Needs Analysis is consistent with Key Target No. 1f: Improved Operational & Financial Capacity - Create an asset management plan. This project will contribute to financial stability by creating an asset management plan that will aim to minimize risks and project costs and continue to monitor and evaluate project strategies.
Fiscal Impact
There is no General Fund impact associated with this action. Adoption of the CPNA does not increase or modify any project budget. Funding for the projects identified in the CPNA has previously been authorized through the City's adopted Capital Improvement Program and applicable project budgets. Project expenditures remain subject to the appropriations approved for the applicable fiscal year and funding source..
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-140 approving the Five-Year Capital Project Needs Analysis (FY 2027/2028 through FY 2031/32) for Measure I Expenditure.
Attachments
Attachment 1 Resolution 2026-140
Attachment 2 Project Location Maps
Ward:
All Wards
Synopsis of Previous Council Actions:
July 21, 2021 Resolution 2021-179 adopted Capital Project Needs Analysis for FY 2022/23 – FY 2026/27
August 17, 2022 Resolution 2022-184 adopted Capital Project Needs Analysis for FY 2023/24 – FY 2027/28
December 6, 2023 Resolution 2023-187 adopted Capital Project Needs Analysis for FY 2024/25 – FY 2028/29
November 6, 2024 Resolution 2024-219 adopted Capital Project Needs Analysis for FY 2025/26 – FY 2029/30
October 1, 2025 Resolution 2025-373 adopted Capital Project Needs Analysis for FY 2026/27 – FY 2030/31
CC Eric Levitt, City Manager
Packet Page. 679
Resolution No. 2026-140
Resolution No. 2026-140
August 19, 2026
RESOLUTION NO. 2026-140
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADOPTING THE MEASURE I FIVE-YEAR CAPITAL
PROJECT NEEDS ANALYSIS FOR FISCAL YEARS
2027/2028 THROUGH 2031/2032.
WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority (“Authority”) to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plan set forth in Ordinance No. 04-01 of the Authority; and
WHEREAS, Measure I funds the Valley Major Streets Program, which supports regional arterial projects identified in the San Bernardino County Transportation Authority (SBCTA) Nexus Study; and
WHEREAS, projects funded through this program aim to enhance roadway safety, alleviate traffic congestion, and make street improvements, particularly at rail crossings, while ensuring equitable distribution of funds across the county throughout the program’s lifespan; and WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from certain Measure I Programs to annually adopt and update a Five-Year Capital Project Needs Analysis; and
WHEREAS, the Five-Year Capital Project Needs Analysis identifies anticipated funding needs for eligible transportation projects and assists the San Bernardino County Transportation Authority in preparing its regional capital needs and cash flow analysis for the Valley Major Streets Program; and
WHEREAS, adoption of the Five-Year Capital Project Needs Analysis satisfies the annual requirements of the Measure I Strategic Plan and allows the City to maintain eligibility to receive Valley Major Streets Program funding for eligible transportation projects identified therein..
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.
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Resolution No. 2026-140
Resolution No. 2026-140
August 19, 2026
SECTION 2. The Measure I Five-Year Capital Project Needs Analysis for Fiscal Years 2027/2028 through 2031/2032, attached to this Resolution as Exhibit A and incorporated herein by this reference, is hereby adopted.
SECTION 3. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the action is administrative in nature and limited to authorizing the submittal of projects for Valley Major Street Program funding.
Accordingly, it is not considered a “project” under CEQA pursuant to CEQA Guidelines Section 15378(b)(5), which excludes organizational or administrative activities that will not result in direct or indirect physical changes in the environment. Any future projects that may be funded through the grants will be subject to separate CEQA review prior to approval or implementation. In addition, This 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 administrative action in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 19th day of August 2026.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, City Clerk
Approved as to form:
Albert J. Maldonado, City Attorney
Packet Page. 681
Resolution No. 2026-140
Resolution No. 2026-140
August 19, 2026
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Telecia Lopez, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-140, adopted at a regular meeting held on the 19th day of August 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 19th day of August 2026.
Telicia Lopez, CMC, City Clerk
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Resolution No. 2026-140
Resolution No. 2026-140
August 19, 2026
Exhibit A
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Resolution No. 2026-140
Resolution No. 2026-140
August 19, 2026
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Resolution No. 2026-140
Resolution No. 2026-140
August 19, 2026
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Resolution No. 2026-140
Resolution No. 2026-140
August 19, 2026
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ATTACHMENT NO. 2
PROJECT LOCATION MAPS
State Street Extension Phase 1
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40th Street from Johnson Street to Electric Avenue
H Street from Kendall Drive Street to 40th Street
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Mt. Vernon Viaduct Bridge between 2nd Street and 5th Street Packet Page. 689
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 19, 2026
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Agreement with California Professional Engineering, Inc. for On-Call Installation of Rectangular Rapid
Flashing Beacons in an Aggregate Amount Not to
Exceed $500,000 Through June 30, 2030 (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Authorize the City Manager to execute an On-Call Maintenance Services Agreement with California Professional Engineering, Inc for the installation of Rectangular Rapid Flashing Beacons in the total amount not to exceed $500,000 for a term through June 30, 2030; and
2. Authorize the Director of Finance and Management Services to issue a purchase order not to exceed $100,000 for the first year of the agreement (FY 26/27).
City Manager's Comments
The City Manager recommends approval.
Executive Summary:
The Public Works Department solicited bids for the installation of Rectangular Rapid Flashing Beacon (RRFB) systems at various pedestrian crossing locations throughout the City to improve pedestrian safety and enhance visibility at uncontrolled crosswalks. A total of eight bids were received. After reviewing the bids for responsiveness and responsibility, California Professional Engineering, Inc. submitted the lowest responsive and responsible bid in the amount of $456,290 and met all project requirements. Staff recommend awarding the contract to California Professional Engineering, Inc. for the installation of RRFB systems at designated locations within the City.
Packet Page. 690
Background
The City of San Bernardino continues to implement pedestrian safety improvements at locations where pedestrian activity and traffic volumes warrant additional crossing treatments. One of the proven safety measures used to improve pedestrian visibility and driver awareness is the installation of Rectangular Rapid Flashing Beacons (RRFBs) at uncontrolled crosswalks. RRFB systems consist of high-visibility flashing LED beacons mounted on pedestrian crossing signs that are activated when pedestrians intend to cross the roadway. These systems have been shown to significantly improve driver yielding behavior and enhance pedestrian safety. To implement these improvements, the City issued RFQ No. F-25-4060 for the installation of RRFB systems at multiple locations throughout the City.
Discussion
The On-Call Maintenance Services Agreement with California Professional Engineering, Inc. provides for the installation of Rectangular Rapid Flashing Beacon (RRFB) systems throughout the City. The agreement is in an amount not to exceed $100,000 for Fiscal Year 2026/2027 only. Any continuation of services beyond Fiscal Year 2026/2027, are contingent upon the availability of funds, annual budget appropriations, and any additional authorizations required by the City. The Contractor shall provide all labor, materials, equipment, supervision, traffic control, and incidentals necessary to furnish and install Rectangular Rapid Flashing Beacon (RRFB) systems at designated pedestrian crossing locations throughout the City of San Bernardino.
The work includes mobilization, coordination with City staff, field verification of installation locations, utility identification through Underground Service Alert, site preparation, excavation, installation of concrete foundations, poles, wiring, and all electrical components necessary for the RRFB systems. The Contractor shall furnish and install RRFB LED beacon assemblies, pedestrian push buttons, mounting hardware, signage including pedestrian crossing signs and arrow plaques, solar power systems, and controller units in accordance with the California Manual on Uniform Traffic Control Devices (CA-MUTCD), Caltrans Standard Plans and Specifications, the National Electrical Code, and City of San Bernardino standards. The work also includes temporary traffic control during construction, system testing and commissioning to verify proper operation of the beacons and push buttons, restoration of all disturbed areas including pavement and sidewalks, and completion of final inspection and acceptance by the City.
On December 2, 2025, the Traffic Engineering Section of Public Works, with the Purchasing Department, initiated a formal process to solicit proposals for the RRFB installation. Request for Qualifications RFQ No. F-25-4060 with a due date of December 23, 2025. The solicitation resulted in eight proposals that were evaluated based on responsiveness and cost. California Professional Engineering, Inc submitted a competitive proposal and demonstrated qualification in performing RRFB work for public agencies.
This selection was based on the lowest responsive and responsible bid received as shown below:
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Contractor Bid Amount
California Professional Engineering, Inc. La
Puente, CA $456,290
Crosstown Electrical & Data, Inc. Irwindale , CA $477,792 Elecnor Belco Electric, Inc. Chino, CA $539,700
Branson Industries LLC, Eastvale, CA $558,888
Select Electric, Inc. Anaheim, CA $610,150
DBX, Inc. Temecula, CA $634,440
Bear Electrical Solutions, LLC, Alviso, CA $700,400
Yunex LLC, Riverside, CA $740,400
California Professional Engineering, Inc., located in La Puente, California, submitted the lowest responsive and responsible bid and satisfied all requirements outlined in the bid specifications. Based on the evaluation of bids and confirmation that the contractor meets the necessary qualifications and requirements, staff recommends awarding the contract to California Professional Engineering, Inc.
Although California Professional Engineering, Inc.'s total bid amount is $456,290, the agreement does not obligate the City to expend that amount. Compensation under this agreement shall be based solely on the unit prices identified in the vendor's Bid Quote Form, and the City will authorize and pay only for the actual quantities of work performed through individual task orders assignments. The initial purchase order for Fiscal Year 2026/27 will not exceed $100,000. Future task orders and associated funding will be subject to the availability of funds, annual budget appropriations, and any additional authorizations required by the City. The term of the proposed agreement shall be from August 19 2026, to June 30, 2030.
Strategic Targets and Goals
This project consists of Key Strategic Target and Goal No. 3c: Improved Quality of Life - Constantly evaluate and enhance the quality of public safety services: Public Safety Enhancing pedestrian safety at uncontrolled crosswalks. Reducing pedestrian-vehicle conflicts. Infrastructure Improvements Implementing proven traffic safety counter measures throughout the City. Quality of Life Improving accessibility and walkability for residents and visitors.
Fiscal Impact
There is no General Fund impact associated with this action. Funding of up to $100,000 for FY 2026/27 is available in Traffic Safety Fund 128, No additional appropriation is requested with this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
Packet Page. 692
1. Authorize the City Manager to execute an On-Call Maintenance Services Agreement with California Professional Engineering, Inc for the installation of Rectangular Rapid Flashing Beacons in the total amount not to exceed $500,000 for a term through June 30, 2030; and
2. Authorize the Director of Finance and Management Services to issue a purchase order not to exceed $100,000 for the first year of the agreement (FY 26/27).
Attachments
Attachment 1 On-call Maintenance Service Agreement with California Professional Engineering, Inc.
Attachment 2 Vendor Quote Form
Ward:
All Wards
Synopsis of Previous Council Actions:
None
CC: Eric Levitt, City Manager
Packet Page. 693
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55600.00100\44548380.1
CITY OF SAN BERNARDINO
ON-CALL MAINTENANCE SERVICES AGREEMENT
CALIFORNIA PROFESSIONAL ENGINEERING, INC
1. PARTIES AND DATE.
This Agreement is made and entered into this August 19 , 2026 (“Effective Date”) 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 California Professional Engineering, Inc., a corporation in California with its principal place of business at 19062 San Jose Ave, La Puente, CA 91748 (“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 Installation of Traffic Signal Improvements 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 Project.
City desires to engage Contractor to render such services for the Installation of Traffic Signal Improvements at Various locations 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 services necessary for the Project (“Services”) as described in Exhibit “A” attached hereto and incorporated herein by reference. The services shall be more particularly described in the individual Task Order issued by the City or its designee. No services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “C”. 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 the Effective Date through June 30, 2030, 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 Packet Page. 694
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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 established schedules and deadlines set forth in each individual Task Order issued by the City. 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.
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 the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this 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 Michael J.
Hutchens, 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 Packet Page. 695
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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 the relevant Task Order, 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 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 Packet Page. 696
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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 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 Packet Page. 697
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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 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:
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(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; (4) Privacy/Network Security (Cyber), 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/$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 occurrence for bodily injury and property damage; (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; (4) Cyber Liability: $1,000,000 per occurrence and aggregate for privacy breaches, system breaches, denial/loss of service, and introduction, implantation or spread of malicious software code. 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 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 Packet Page. 699
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respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor,
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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. (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 Packet Page. 701
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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.
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 Bonds.
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3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “B” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “B” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within ten (10) days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.14 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.
3.2.15 Work Site.
3.2.15.1 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 Packet Page. 703
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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.
3.2.15.2 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.
3.2.16 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.
3.2.17 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 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.
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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 “A” attached hereto and incorporated herein by reference. The maximum compensation for services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total compensation for services rendered by Consultant under this Agreement and all Task Orders issued shall not exceed $100,000 FY 26/27. Any continuation of services beyond Fiscal Year 2026/2027, including potential future funding, shall be contingent upon the availability of funding, annual budget appropriations, and authorization by the Mayor and City Council. While the agreement establishes a potential term from August 19, 2026, through June 30, 2030, the City is under no obligation to fund or authorize work beyond the initial fiscal year unless such future funding is approved by the Mayor and City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and 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 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 Packet Page. 705
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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 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.
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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:
California Professional Engineering, Inc
19062 San Jose Ave, La Puente, CA
Attn: Van Nguyen (President)
City:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Director of Public Works
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
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.
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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.
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 Packet Page. 708
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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 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 Packet Page. 709
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original signature for all purposes and shall have the same force and effect as an original signature.
3.5.19 Order of Precedence. The following order and succession of the referenced documents shall govern in the event of conflict between documents:
(1) Amendment(s)
(2) This Agreement
(3) Task Orders
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR ON-CALL MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND CALIFORNIA PROFESSIONAL ENGINEERING, 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
California Professional Engineering Inc.
APPROVED BY:
Van Nguyen,
President
____________________________________
Contractor’s License Number
____________________________________
DIR Registration Number
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EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
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EXHIBIT A
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On-Call Maintenance Agreement with Yunex -3- Error! No text of specified style in document.
EXHIBIT B
COMPENSATION
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, (hereinafter referred to as the “City”) has awarded to _________________________, (hereinafter referred to as the “Contractor”) an agreement for Contract No._________, (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by the City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty Packet Page. 714
On-Call Maintenance Agreement with Yunex -4- Error! No text of specified style in document. workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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On-Call Maintenance Agreement with Yunex -5- Error! No text of specified style in document.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)
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On-Call Maintenance Agreement with Yunex -6- Error! No text of specified style in document.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
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On-Call Maintenance Agreement with Yunex -7- Error! No text of specified style in document.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.
END OF PERFORMANCE BOND
Packet Page. 718
EXHIBIT B
Payment Bond (Labor and Materials).
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401 (hereinafter designated as the “City”), by action taken or a resolution passed ___________________ , 20_____, has awarded to ________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: Contract No.____________ (the “Project”); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or Packet Page. 719
EXHIBIT B
pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Packet Page. 720
EXHIBIT B
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
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EXHIBIT B
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.
END OF PAYMENT BOND
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EXHIBIT B
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EXHIBIT C
EXHIBIT C
Sample Task Order Form
TASK ORDER
Task Order No. _______
Agreement: [INSERT TITLE OF AGREEMENT]
Consultant: [INSERT NAME OF CONSULTANT]
The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above:
List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date: _____________
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above.
CITY OF SAN BERNARDINO [INSERT NAME OF CONSULTANT]
Dated: Dated:
By: By:
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Packet Page. 725
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 19, 2026
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Approve Amendment No 1 to Vendor Services Agreement with West Coast Netting for Driving Range Repair Services at the Shandin Hills Golf Course increasing the not to
exceed amount by $130,499.36 (Ward 5)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve Amendment No. 1 to the Vendor Services Agreement with West Coast Netting for Driving Range Repair Services at the Shandin Hills Golf Course increasing the not to exceed amount by $130,499.36 for a new total contract amount not to exceed $375,092.36; and
2. Authorize the City Manager to execute all necessary documents and expend the contingency budget as appropriate.
City Manager's Comments
The City Manager recommends approval.
Executive Summary
Shandin Hills Golf Course is a significant municipal asset requiring routine maintenance, capital improvements, and dedicated operational management. During a recent inspection, staff identified additional work that needs to be performed in order to properly repair the netting panels. Additional wood support beams have also been identified that need to be replaced. Staff recommends executing Amendment No. 1 to the Vendor Services Agreement with West Coast Netting to replace the driving range base boards and replace additional poles that support the netting. Sufficient funding exists in the approved FY 2025-2026 Capital Improvement Program budget for the Shandin Hill Golf Course to cover the costs of these repairs.
Packet Page. 726
Background
The Shandin Hills Golf Course is owned by the City of San Bernardino and consists of three (3) parcels (APNs 0148-011-30; 0148-021-59; 0148-022-06) totaling 112.18 acres and is located at 3380 Little Mountain Drive. The Shandin Hills Golf Course was constructed between 1980 and 1986 and consists of an 18-hole golf course, an 18,409 square foot clubhouse/banquet facility and maintenance facility. The property is designated as Public/Commercial Recreational (“PCR”) on both the General Plan Land Use Map and on the Zoning Map.
The property was originally built by Warner Hodgdon, a prominent San Bernardino developer, and subsequently gifted to the former San Bernardino Redevelopment Agency (“Agency”). The Agency acquired the property in order to meet the revitalization goals of the City and to alleviate the existence and spread of physical and economic blight throughout the City. The original deed included a “reverter provision” stating that if the property ceased to be used as a golf course, ownership would revert to the original owners or their successors. In 1985, the Agency and the Hodgdons entered into an Agreement that included a section stating that the City would like the reverter provision removed via a quitclaim deed to the Agency effectively canceling all reverter rights. A quitclaim deed was subsequently recorded in 1985.
In 2015, subsequent to the approval of the Long Range Property Management Plan, the Shandin Hills Golf Course was transferred from the Successor Agency to the City.
As the property owner, the City is responsible for the long-term stewardship of the site's major infrastructure. City staff regularly evaluates the condition of these assets to identify and address deferred maintenance, ensuring that the facility remains a safe and viable recreational resource for the community.
In early April 2026, a critical sewer main failure at the golf course restrooms prompted emergency repairs to resolve safety and liability risks. Because the fragile cast-iron pipes were underground, the contractor had to cut through and excavate concrete floors inside the men's restroom and a nearby outdoor alleyway. The crew successfully cleared the blockage, structurally sealed 35 feet of the main line with a protective lining, and completely replaced a failing pipe section near the grease traps before patching the concrete. Following the contractor’s structural repairs, internal facilities staff completed the project by reinstalling the restroom floor tile. The emergency services, materials, and restoration totaled $22,670.80
In May of 2026 City staff request information quotes to provide repair services for the Shandin Hills Golf Course restrooms. The lowest responsive quote was submitted by Signature Building Services in the amount of $30,990.00. These services were authorized using Public Works Department Head level authority.
On June 3, 2026, the Mayor and City Council approved a Vendor Services Agreement with West Coast Netting for Driving Range Repair services at the golf course in an amount not to exceed $244,593. The contract’s $244,593 not-to-exceed amount Packet Page. 727
includes $212,690 to perform the repairs and $31,903 in construction contingency, which was incorporated into the contract for any unforeseen repair work that would need to be completed. An additional project contingency of $31,903 was also approved, which was specifically dedicated for construction management and inspection services. This project contingency is separate and distinct from the construction contingency that was built into the contract. As a result, a total budget of $276,497 was established for this specific project.
In preparation for the driving range repair services, City staff requested informal quotes from its list of on-call consultants for construction management and inspection services. The lowest responsive proposal was submitted by Z&K Consultants, Inc., in the amount of $31,805.00. These services were authorized using Public Works Department Head level authority and utilized the previously established project contingency, which was set aside specifically for securing construction management and inspection services.
Discussion
Shandin Hills Golf Course is a significant municipal asset requiring routine maintenance, capital improvements, and dedicated operational management.
Following the successful mitigation of safety risks during the recent sewer line replacement, Public Works and Parks leadership conducted a follow-up safety audit of high-use facilities. This inspection revealed that deferred maintenance at the driving range has reached a critical failure point; specifically, the protective netting is severely damaged and a wooden support post has reached the end of its service life. Given that safety and liability are paramount in managing City-owned assets, these findings represent an immediate risk requiring urgent intervention.
Additional components in need of replacement were identified during a follow-up inspection of the driving range facilities with West Coast Netting and the City Project team. West Coast Netting was requested to provide a proposal to replace the components listed below.
• Replacement of 1,910 linear feet of pressure treated base boards for driving range perimeter netting for $39,039.27. The replacement of the base boards is necessary to anchor the previously approved replacement netting throughout the driving range facility.
• Replacement of 3 additional driving range netting poles for $74,438.00. The additional pole replacement will ensure that the poles can provide support for the useful life of the new netting.
The total cost of these additional components exceeded the contingency budget that was built into the original contract, necessitating the need for a contract amendment.
The contract amendment also increases the construction contingency budget that is incorporated into the agreement by $17,022, bringing the total authorized construction contingency budget to $48,925.09. This contingency is only to be used in the event Packet Page. 728
that there are additional unforeseen repairs that need to be made.
With Amendment No. 1, the total not-to-exceed amount of the West Coast Netting Agreement will be $375,092.36 and includes the following:
West Coast Netting Contract Line Items Cost
Replacement of one pole and full driving range netting $212,690.00 Base board replacement $39,039.27
Replacement of 3 additional poles $74,438.00
Revised Contingency (included in the contract) $48,925.09 Total Contract Not-To-Exceed Amount: $375,092.36
It is important to note that as a “not-to-exceed” amount, any quoted repair work that ultimately does not need to be performed, or any contingency that remains unused, will result in contract savings where the funds will remain with the City.
Shandin Hills CIP Budget
With the approval of Amendment No. 1, the total remaining CIP budget for Shandin Hills will be $539,441.84:
Shandin Hills Capital Improvement Project Budget Amounts CIP Budget Allocation $1,000,000
Sewer Line Replacement ($22,670.80)
Restroom Repairs ($30,990.00)
West Coast Netting Agreement ($375,092.36)
Z&K Construction Management and Inspection Services ($31,805.00) Remaining Budget $539,441.84
2021-2025 Strategic Targets and Goals
Approval of a Vendor Services Agreement with X for Y services aligns with Key Strategic Goal 3: Improved Quality of Life - Constantly evaluate public safety service delivery models to enhance the quality of service.
Fiscal Impact
The fiscal impact associated with Amendment No. 1 is $130,499.3. Sufficient funding is available in the Shandin Hills CIP budget to accommodate these costs.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve Amendment No. 1 to the Vendor Services Agreement with West Coast Netting for Driving Range Repair Services at the Shandin Hills Golf Course increasing the not to exceed amount by $130,499.36 for a new total contract amount not to exceed $375,092.36; and
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2. Authorize the City Manager to execute all necessary documents and expend the contingency budget as appropriate.
Attachments
Attachment 1 Amendment No. 1 to Vendor Services Agreement with West Coast Netting
Attachment 2 Vendor Services Agreement with West Coast Netting Attachment 3 Project Location Map
Ward: 5
Synopsis of Previous Council Actions:
June 3, 2026 Approve a Vendor Services Agreement with West Coast Netting for Driving Range Repair services at the Shandin Hills Golf Course in an amount not to exceed $244,593. (Ward 5).
CC: Eric Levitt, City Manager
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AMENDMENT NO. 1 TO
VENDOR SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARIDNO AND
WEST COAST NETTING
This Amendment No. 1 to the Agreement for Vendor Services is made and entered into as of August 19, 2026 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and West Coast Netting, a California Corporation with its principal place of business at 5075 Flightline Dr., Kingman, AZ 86401 (“Company”). City and Company are sometimes referred to herein individually as a “Party” and collectively as “Parties.”
RECITALS
A. WHEREAS, the City and the Company have entered into an agreement, dated June 3, 2026, for the purpose of providing Vendor Services for the Shand Hills Golf Course driving range (the “Original Agreement”).
B. WHEREAS, the Parties now desire to amend the Original Agreement with Amendment No. 1 to modify the scope of services and increase the not-to-exceed amount of the Original Agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Original Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. Amendment to Compensation Provisions. Section 4(b) of the Original Agreement is hereby amended to provide that compensation for the services described in Exhibit “A” shall not exceed Three Hundred Twenty-Six Thousand One Hundred SixtySeven Dollars and Twenty-Seven Cents ($326,167.27), plus a contingency in an amount not to exceed Forty-Eight Thousand Nine Hundred Twenty-Five Dollars and Nine Cents ($48,925.09). In no event shall the total amount paid under the Original Agreement, as amended by this Amendment No. 1, exceed Three Hundred Seventy-Five Thousand Ninety-Two Dollars and Thirty-Six Cents ($375,092.36).
3. Amendment to Exhibit A. Exhibit “A” to the Original Agreement is hereby deleted in its entirety and replaced with the Exhibit “A” attached to and incorporated into this Amendment No. 1, entitled "Updated Scope of Services and Schedule of Charges."
4. Full Force. Except as amended by this Amendment No. 1, all provisions of the Original Agreement, including without limitation the indemnity and insurance Packet Page. 731
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provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.
5. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.
6. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO VENDOR SERVICES AGREEMENT BETWEENTHE
CITY OF SAN BERNARIDNO AND WEST COAST NETTING
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Eric Levitt
City Manager
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
COMPANY
WEST COAST NETTING
DAN KIRKLAND
OWNER
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EXHIBIT A
UPDATED FEE RATES
Quote # Description Total Cost
DKMH26-
442196-
P.W.Rev.3
Full golf range netting replacement, remove & replace
broken wood pole (left side), repair all broken or loose cables as needed.
$212,690.00
BSBBQ8.12.2
6 Pressure-treated base board installation -1,910 LF $39,039.27 BSPR8.12.26 Netting Pole Removal & Replacement $74,438.00 Total Cost $326,167.27
Contingency $48,925.09
Total Cost w/ Contingency $375,092.36
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1 VENDOR SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND WEST COAST NETTING
This Agreement is made and entered into as of June 3, 2026 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and WEST COAST NETTING a Corporation with its principal place of business at 5075 Flightline Dr., Kingman, AZ 86401 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of vendor services for the following project:
DRIVING RANGE REPAIR PROJECT (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”
3. Vendor Practices. All vendor services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal.
Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.
4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” TOTAL OF $212, 690.00; $198,000 All WORK ABOVE PREVAILING WAGE, $5,940 PERFORMANCE BOND, $8,750 SALES TAX, CONTINGENCY NOT TO EXCEED $31,903 Docusign Envelope ID: 7C9D19EE-F0D4-8716-8150-13186506196A Packet Page. 738
2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $244,593.00 This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses.
Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction.
City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
6. Term. This Agreement shall commence on the Effective Date and continue through November 1, 2026, unless the Agreement is previously terminated as provided for herein (“Term”).
7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other Docusign Envelope ID: 7C9D19EE-F0D4-8716-8150-13186506196A Packet Page. 739
3 acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the industry currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.
13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or Docusign Envelope ID: 7C9D19EE-F0D4-8716-8150-13186506196A Packet Page. 740
4 business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
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5 (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
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6 (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code.
g. Aviation and/or Drone Liability
At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. h. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
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7 Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
Aviation/Drone Liability $1,000,000 per occurrence limit (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
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8 (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three (3) years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VIII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
l. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification.
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9 (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code Section 2782.8), then, and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of Docusign Envelope ID: 7C9D19EE-F0D4-8716-8150-13186506196A Packet Page. 746
10 the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.
19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant.
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11 developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
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12 27. Organization. Consultant shall assign MIKE HEBERT as Project Manager.
The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Eric Levitt, City Manager
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
DAN KIRKLAND
30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.
33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and Docusign Envelope ID: 7C9D19EE-F0D4-8716-8150-13186506196A Packet Page. 749
13 provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of this Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.
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14 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
43. Electronic Signatures. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]
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15 SIGNATURE PAGE FOR VENDOR SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND WEST COAST NETTING
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Eric Levitt
City Manager
ATTESTED BY:
Telicia Lopez, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
WEST COAST NETTING
DAN KIRKLAND
APPROVED BY:
DAN KIRLAND
OWNER
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16 Docusign Envelope ID: 7C9D19EE-F0D4-8716-8150-13186506196A Packet Page. 753
Location Map
Shandin Hills Golf Club
2000 ft
N
➤
Packet Page. 754
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 19, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager;
Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Five-Year Capital Improvement Plan FY 2026/27 to FY 2030/31 for Measure I Local Street Program Expenditures (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2026-141 approving the Revised Measure I Five-Year Capital Improvement Plan for Fiscal Year 2026/27 through Fiscal Year 2030/31 (MICIP) and Measure I Expenditure Strategy.
City Manager's Comments
The City Manager recommends adoption of the Resolution.
Executive Summary
Adoption of Resolution No. 2026-141 satisfies the requirements to receive Measure I Local Street Program Funds payments (Local Funds). The projects identified in Exhibit A of the Resolution have been previously identified in the City’s Capital Improvement Program. Only projects listed in Exhibit A are eligible for Local Fund expenditures in the current fiscal year. The Expenditure Strategy included in Exhibit B states that at least 50% of the City’s Local Funds will be earmarked for specific capital projects.
Additionally, the City may use up to 50% of the Local Funds for Public Works maintenance activities.
Background
In November 1989, voters approved Measure I, which authorized the San Bernardino County Transportation Authority (SBCTA) to impose a one-half of one percent retail transaction and use tax. This tax was applicable throughout the County for a period of 20 years beginning April 1, 1990, and extending to March 31, 2010, and is commonly known as the 1/2-Cent Sales and Road Tax (Measure I). In November 2004, voters approved an extension of the 1/2-cent sales tax for an additional 30 years from April 1, Packet Page. 755
2010, through March 31, 2040. The estimated Local Funds revenue for Fiscal Year 2026/27 is $5,858,536.
Discussion
The Five-Year MICIP only relates to the expenditure of Measure I Local Funds, and each agency is required to update their plan annually. This plan identifies projects and the estimated Measure I Local Fund expenditures. Local Funds can be spent on any eligible transportation purpose determined to be a local priority. This includes improvements for local streets, major highways, state highways, transit, and other improvements that maximize the use of transportation facilities.
Pursuant to Policy VLS-25 of the Measure I Strategic Plan, jurisdictions provide an annual statement in the resolution of the governing body adopting the Five-Year MICIP which acknowledges that the jurisdiction will maintain General Fund expenditures for transportation related construction and maintenance activities at the required base year level within the fiscal year.
The list of projects included in the MICIP is as follows:
• Citywide Pavement Rehabilitation
• Citywide Pavement Rejuvenation
• H St. Widening from Kendall Dr. to 40th St.
• Pavement Management Program
• SB County Joint Rehabilitation Projects
• State Highway CA-210 Interchange Improvements at Waterman Avenue • State Highway I-215 and University Parkway Interchange Improvements • Street Improvements at 50 Locations
• Kendall Drive Between H Street and E Street
• State Highway I-215 and Palm Avenue Interchange Improvements • State Highway CA-210 and Del Rosa Avenue Interchange Improvements Strategic Targets and Goals
The Measure I Five-Year MICIP is consistent with Key Target No. 1d: Improved Operational & Financial Capacity – Create a framework for spending decisions as it reflects the most current and highest priority need for use of Measure I Funds in FY 2026/27.
Fiscal Impact
There is no fiscal impact to the General Fund. Adoption of the Five-Year MICIP is an administrative requirement necessary for the City to remain eligible to receive Measure I Local Street Program funds.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2026-141 approving the Revised Measure I Five-Year Capital Improvement Plan for Fiscal Year 2026/27 through Fiscal Year 2030/31 and Packet Page. 756
Measure I Expenditure Strategy.
Attachments
Attachment 1 Resolution 2026-141
Attachment 2 Resolution 2026-141 Exhibit A – Revised Measure I CIP FY26/27 – FY30/31
Attachment 3 Resolution 2026-141 Exhibit B – Measure I CIP Expenditure Strategy Ward:
All Wards
Synopsis of Previous Council Actions:
June 15, 2022 Resolution No. 2022-133 adopted the Revised Five-Year Measure I Capital Improvement Program for FY 2021-22 – FY 2025/26
July 20, 2022 Resolution No. 2022-150 adopted the Revised Five-Year Measure I Capital Improvement Program for FY 2022/23 – FY 2026-27
October 4, 2023 Resolution No. 2023-155 adopted the Revised Five-Year Measure I Capital Improvement Program for FY 2022/23 – FY 2026-27
August 21, 2024 Resolution No. 2024-187 adopted the Five-Year Measure I Capital Improvement Program for FY 2024/25 – FY 2028-29 September 3, 2025 Resolution No. 2025-363 adopted the Five-Year Measure I Capital Improvement Program for FY 2025-26 – FY 2029-30 June 17, 2026 Resolution adopting the Revised the Five-Year Measure I Capital Improvement Program for FY 2025-26 – FY 2029-30
CC Eric Levitt, City Manager
Packet Page. 757
Resolution No. 2026-141
Resolution No. 2026-141
August 19, 2026
RESOLUTION NO. 2026-141
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, OF SAN
BERNARDINO COUNTY, STATE OF CALIFORNIA,
ADOPTING THE MEASURE I FIVE-YEAR CAPITAL
IMPROVEMENT PLAN FOR FY2026/2027 THROUGH
FY2030/2031
WHEREAS, San Bernardino County voters originally approved Measure I in November 1989, and subsequently approved an extension of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to continue imposing a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and
WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04- 01 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five-Year Capital Improvement Plan; and
WHEREAS, California Public Utilities Code section 190300 and Ordinance No. 04-01 require each local jurisdiction to maintain General Fund expenditures for transportation-related construction and maintenance activities at the required Maintenance of Effort base-year level; and WHEREAS, the City's required Maintenance of Effort base-year amount is $1,075,643; and
WHEREAS, the City has prepared an updated Five-Year Capital Improvement Plan and Measure I Expenditure Strategy for Fiscal Years 2026/27 through 2030/31 in accordance with the Measure I Strategic Plan and desires to approve those documents to remain eligible for Measure I Local Street Program funding.
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 Measure I Five-Year Capital Improvement Plan, attached to this Resolution as Exhibit “A”, is hereby approved and adopted as revised.
SECTION 3. The Measure I Capital Improvement Expenditure Strategy, attached to this Resolution as Exhibit “B”, is hereby approved and adopted as revised.
Packet Page. 758
Resolution No. 2026-141
Resolution No. 2026-141
August 19, 2026
SECTION 4. CEQA. 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. In addition, the proposed action is administrative in nature. As such, the action does not constitute a “project” under CEQA pursuant to CEQA Guidelines Section 15378(b)(5), which excludes organizational or administrative activities that will not result in direct or indirect physical changes in the environment. Any future projects or activities undertaken pursuant to this action will be subject to separate CEQA review at the time they are proposed.
SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 19th day of August 2026.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 759
Resolution No. 2026-141
Resolution No. 2026-141
August 19, 2026
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-141, adopted at a regular meeting held on the 19th day of August 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 20th day of August 2026.
Telicia Lopez, CMC, City Clerk
Packet Page. 760
Resolution Number:
Resolution Approval Date:
Contact Person/Title:
Phone:
Email:
6/30/26 Carryover Balance $18,062,410.81
FY2026/27 Est. Revenue FY2027/28 Est. Revenue FY2028/29 Est. Revenue FY2029/30 Est. Revenue FY2030/31 Est. Revenue Total Est. Rev. $5,858,536 $5,997,967 $6,144,305 $6,294,216 $6,447,783 $30,742,806 Projects:
State Highway I-215 and University Parkway Interchange
Improvements (7240) No No 0.0% 0.0% $17,000,000 $2,083,815 $0 $0 $0 $0 $2,083,815 H St. Widening from Kendall Dr. to 40th St. (7872) No No 0.0% 0.0% $3,893,398 $50,000 $50,000 $1,905,000 $0 $0 $2,005,000 Citywide Pavement Rejuvenation (7306) No No 0.0% 0.0% $1,415,386 $1,415,386 $0 $0 $0 $1,415,386 Citywide Pavement Rehabilitation (8769) No No 0.0% 0.0% $4,500,000 $4,500,000 $0 $0 $0 $0 $4,500,000 SB County Joint Rehabilitation Projects (8885) No No 0.0% 0.0% $3,922,750 $3,005,750 $578,000 $0 $0 $0 $3,583,750 State Highway CA-210 Interchange Improvements at Waterman Avenue (8927) No No 0.0% 0.0% $1,425,924 $834,298 $0 $0 $0 $0 $834,298 Pavement Management Program (8956) No No 0.0% 0.0% $1,000,000 $797,561 $0 $0 $0 $0 $797,561 Street Improvements at 50 Locations (9150) No No 0.0% 0.0% $20,000,000 $5,164,055 $0 $0 $0 $0 $5,164,055 Kendall Drive Between H Street and E Street (8825) No No 0.0% 0.0% $3,050,000 $1,135,945 $0 $0 $0 $0 $1,135,945 State Highway I-215 and Palm Avenue Interchange Improvements (9158) No No 0.0% 0.0% $7,300,000 $678,100 $0 $0 $0 $0 $678,100 State Highway CA-210 and Del Rosa Avenue Interchange
Improvements (9159) No No 0.0% 0.0% $4,600,000 $1,277,600 $0 $0 $0 $0 $1,277,600 $20,942,510 $628,000 $1,905,000 $0 $0 $23,475,510
Total Programming is currently 48% Total Estimated Programming: $23,475,510 2026-141 Jurisdiction:
8/19/2026
Lynn Merrill, Director of Public Works
(909) 998-2400
Measure I Local Pass-through Program
FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2026/2027 thru 2030/2031 [email protected] Projects Total:
San Bernardino
Current
Estimate
Current
Estimate Total Current
Estimate
Current
Estimate
Current
Estimate
(Must not exceed 150% of Carryover Balance +
Total Estimated Revenue)
Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost
Packet Page. 761
Resolution No. 2026-141
EXHIBIT B
CITY OF SAN BERNARDINO
MEASURE I CAPITAL IMPROVEMENT PLAN
EXPENDITURE STRATEGY
Fiscal Year 2026/2027 to 2030/2031
The City of San Bernardino will continue to place emphasis on both its regional and sub-regional arterial roadway system. At least fifty percent of the City's Measure I allocation will be earmarked for specific capital projects that are geared toward improving traffic flow and motorist convenience. Failing pavement surfaces will be rehabilitated and traffic striping modified as needed to accommodate increased traffic demand; and intersection capacity will be improved with new and modified traffic signals.
In addition to the above Capital Improvement Program, San Bernardino will continue to allocate up to fifty percent of its annual Measure I funds towards public works maintenance activities.
Maintenance work will continue to include the City's traffic signal systems, sidewalk and curb repair, and pavement repair and overlay on the local street system.
Packet Page. 762
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 19, 2026
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Department: Public Works
Subject: On-Call Maintenance Services Agreement with Yunex LLC for Traffic Signal Improvements at Various
Locations in the total amount not to exceed $400,000
for a term through June 30, 2030 (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Authorize the City Manager to execute an On-Call Maintenance Services Agreement with Yunex. LLC for traffic signal improvements at various locations in the total amount not to exceed $400,000 for a term through June 30, 2030; and
2. Authorize the Director of Finance and Management Services to issue a purchase order not to exceed the amount of $100,000 for the first year of the agreement (FY 26/27).
City Manager's Comments
The City Manager recommends approval.
Executive Summary:
The proposed agreement is for the installation, replacement and upgrades of traffic signal improvements at various locations throughout the City in order to enhance system functionality and performance. These improvements are necessary to increase roadway safety, improve traffic flow, and provide safer conditions for motorists, bicyclists, and pedestrians.
The project was procured through a formal competitive bidding process (RFQ No.
F-25-4061), which resulted in the receipt of seven bids. Following evaluation for responsiveness and responsibility, Yunex LLC was determined to be the lowest responsive and responsible bidder in the amount of $693,225.
Packet Page. 763
Funding for the work performed under the agreement is allocated through the City’s Capital Improvement Program (CIP), utilizing designated traffic safety and infrastructure improvement funds.
Background
The City of San Bernardino continues to implement traffic signal upgrades and modernization projects to improve traffic operations and enhance safety at signalized intersections. These improvements typically include installation, replacement, and upgrading of signal equipment, signal heads, controllers, wiring, and associated infrastructure.
To implement these improvements, the Public Works Department issued RFQ No.
F-25-4061 for traffic signal improvements at various locations throughout the City.
The work will enhance signal reliability, improve traffic flow, and support the City’s ongoing transportation safety initiatives.
Discussion
The proposed on-call maintenance services agreement with Yunex LLC will provide for the installation, replacement, and upgrading of traffic signal components throughout the City. The proposed agreement establishes a not-to-exceed amount of $400,000 through June 30, 2030. Expenditures during Fiscal Year 2026/2027 will not exceed $100,000 and will be funded through the initial purchase order authorized by the City Council. Any continuation of services beyond Fiscal Year 2026/2027 shall be contingent upon the availability of funding, annual budget appropriations, and authorization by the Mayor and City Council. While the agreement establishes a potential term from August 19, 2026, through June 30, 2030, the City is under no obligation to fund or authorize work beyond the initial fiscal year unless such future funding is approved by the Mayor and City Council.
Under the agreement, Yunex LLC will provide all labor, materials, equipment, traffic control, and related services necessary to perform traffic signal improvements throughout the City. Typical work includes the installation and replacement of signal poles, mast arms, signal heads, pedestrian signal equipment, detection systems, controller cabinets, wiring, conduits, pull boxes, and other related traffic signal infrastructure in accordance with applicable City, Caltrans, and California Electrical Code requirements. On December 2, 2025, the Traffic Engineering section of Public Works, with the Purchasing Department, initiated a formal process to solicit proposals for traffic signal improvements at Various locations. Request for Qualifications RFQ No. F-25-4061 with a due date of December 23, 2025. The solicitation resulted in seven proposals that were evaluated based on responsiveness and cost. Yunex LLC submitted the lowest responsive and responsible response and demonstrated qualification in performing the installation of solar light installation for public agencies.
The bids received are summarized below.
Packet Page. 764
Contractor Bid Amount
Yunex LLC, Riverside, CA $693,225
Elecnor Belco Electric, Chino, CA $707,960
Branson Industries, Eastvale, CA $794,400
California Professional Engineering, Inc La
Puente, CA $802,250
DBX, Inc., Temecula, CA 902,320
Bear Electrical Solutions, Alviso, CA $925,250
Crosstown Electric, Irwindale, CA $938,647
Yunex LLC submitted the lowest responsive and responsible bid and met all requirements of the solicitation. Based on the evaluation of the bids and confirmation of contractor qualifications, staff recommend awarding the contract to Yunex LLC.
Although Yunex LLC's total bid amount is $693,225, the agreement does not obligate the City to expend that amount. Compensation under this agreement shall be based solely on the unit prices identified in the vendor's Bid Quote Form, and the City will authorize and pay only for the actual quantities of work performed through individual Task Order assignments. The total amount paid under the agreement during Fiscal Year 2026/2027 shall not exceed the approved not-to-exceed amount of $100,000.
Any work or funding beyond the initial fiscal year shall be subject to the availability of funds, annual budget appropriations, and authorization by the Mayor and City Council.
The term of the proposed agreement shall be from August 19, 2026, to June 30, 2030.
Strategic Targets and Goals
This project consists of Key Strategic Target and Goal No. 3c: Evaluate and enhance the quality of public safety services: Transportation Safety Enhancing the safety and efficiency of signalized intersections. Infrastructure Improvements Upgrading and modernizing traffic signal infrastructure. Mobility Improving traffic flow and intersection operations throughout the City.
Fiscal Impact
There is no General Fund impact associated with this item. Sufficient funds exist in the Local Circulation Fund and Traffic Safety. Funding for future years will be accounted for in the future budget cycles, as this will be a contractual obligation.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Authorize the City Manager to execute an On-Call Maintenance Services Agreement with Yunex. LLC for traffic signal improvements at various locations in the total amount not to exceed $400,000 for a term through June 30, 2030; and Packet Page. 765
2. Authorize the Director of Finance and Management Services to issue a purchase order not to exceed the amount of $100,000 for the first year FY 26/27.
Attachments
Attachment 1 On-Call Maintenance Services Agreement with Yunex, LLC.
Attachment 2 Vendor Quote Form
Ward:
All Wards
Synopsis of Previous Council Actions:
None
CC
Eric Levitt, City Manager
Packet Page. 766
- 1 -
55600.00100\44548380.1
CITY OF SAN BERNARDINO
ON-CALL MAINTENANCE SERVICES AGREEMENT
YUNEX, LLC
1. PARTIES AND DATE.
This Agreement is made and entered into this August 19 , 2026 (“Effective Date”) 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 Yunex, LLC, a limited liability company with its principal place of business at 2250 Business Way, Riverside , CA 92501 (“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 Installation of Traffic Signal Improvements 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 Project.
City desires to engage Contractor to render such services for the Installation of Traffic Signal Improvements at Various locations 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 services necessary for the Project (“Services”) as described in Exhibit “A” attached hereto and incorporated herein by reference. The services shall be more particularly described in the individual Task Order issued by the City or its designee. No services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “C”. 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 the Effective Date through June 30, 2030, 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 Packet Page. 767
- 2 -
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 established schedules and deadlines set forth in each individual Task Order issued by the City. 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.
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 the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this 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 Michael J.
Hutchens, 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 Packet Page. 768
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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 the relevant Task Order, 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 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 Packet Page. 769
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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 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 Packet Page. 770
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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 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:
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(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; (4) Privacy/Network Security (Cyber), 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/$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 occurrence for bodily injury and property damage; (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; (4) Cyber Liability: $1,000,000 per occurrence and aggregate for privacy breaches, system breaches, denial/loss of service, and introduction, implantation or spread of malicious software code. 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 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 Packet Page. 772
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respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor,
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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. (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 Packet Page. 774
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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.
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 Bonds.
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3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “B” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “B” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within ten (10) days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.14 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.
3.2.15 Work Site.
3.2.15.1 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 Packet Page. 776
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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.
3.2.15.2 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.
3.2.16 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.
3.2.17 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 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.
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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 “A” attached hereto and incorporated herein by reference. The maximum compensation for services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total compensation for services rendered by Consultant under this Agreement and all Task Orders issued shall not exceed $100,000 FY 26/27. Any continuation of services beyond Fiscal Year 2026/2027, including potential future funding, shall be contingent upon the availability of funding, annual budget appropriations, and authorization by the Mayor and City Council. While the agreement establishes a potential term from August 19, 2026, through June 30, 2030, the City is under no obligation to fund or authorize work beyond the initial fiscal year unless such future funding is approved by the Mayor and City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and 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 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 Packet Page. 778
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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 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.
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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:
Yunex LLC,
2250 Business Way, Riverside, CA 92501
Attn: Michael J. Hutchens
City:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Director of Public Works
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
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.
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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.
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 Packet Page. 781
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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 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 Packet Page. 782
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original signature for all purposes and shall have the same force and effect as an original signature.
3.5.19 Order of Precedence. The following order and succession of the referenced documents shall govern in the event of conflict between documents:
(1) Amendment(s)
(2) This Agreement
(3) Task Orders
[SIGNATURES ON FOLLOWING PAGE]
Packet Page. 783
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SIGNATURE PAGE FOR ON-CALL MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND YUNEX, LLC
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
YUNEX, LLC
APPROVED BY:
Michael J. Hutchens,
West Operations Manager
____________________________________
Contractor’s License Number
____________________________________
DIR Registration Number
Packet Page. 784
EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
Packet Page. 785
On-Call Maintenance Agreement with Yunex -2- Error! No text of specified style in document.
EXHIBIT B
COMPENSATION
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, (hereinafter referred to as the “City”) has awarded to _________________________, (hereinafter referred to as the “Contractor”) an agreement for Contract No._________, (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by the City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty Packet Page. 786
On-Call Maintenance Agreement with Yunex -3- Error! No text of specified style in document. workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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On-Call Maintenance Agreement with Yunex -4- Error! No text of specified style in document.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)
Packet Page. 788
On-Call Maintenance Agreement with Yunex -5- Error! No text of specified style in document.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Packet Page. 789
On-Call Maintenance Agreement with Yunex -6- Error! No text of specified style in document.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.
END OF PERFORMANCE BOND
Packet Page. 790
EXHIBIT B
Payment Bond (Labor and Materials).
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401 (hereinafter designated as the “City”), by action taken or a resolution passed ___________________ , 20_____, has awarded to ________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: Contract No.____________ (the “Project”); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or Packet Page. 791
EXHIBIT B
pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Packet Page. 792
EXHIBIT B
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Packet Page. 793
EXHIBIT B
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.
END OF PAYMENT BOND
Packet Page. 794
EXHIBIT B
Packet Page. 795
EXHIBIT C
EXHIBIT C
Sample Task Order Form
TASK ORDER
Task Order No. _______
Agreement: [INSERT TITLE OF AGREEMENT]
Consultant: [INSERT NAME OF CONSULTANT]
The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above:
List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date: _____________
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above.
CITY OF SAN BERNARDINO [INSERT NAME OF CONSULTANT]
Dated: Dated:
By: By:
Packet Page. 796
YUN::X
TRAFFIC
ATTACHMENT "C"
VENDOR QUOTE FORM
(Required Submittal)
REQUEST FOR VENDOR QUOTES
Project No. RFQ F-25-4061
VENDOR NAME: Yunex LLC PHONE: (800) 229-6090 -------------- ADDRESS: 2250 Business Way, Riverside, CA 92501
RFQ F-25-4061 TRAFFIC SIGNAL IMPROVEMENTS AT VARIOUS LOCATIONS FY25-29 The undersigned hereby submits the following price quote in response to the above-referenced RFQ.
Pricing includes all labor, materials, equipment, transportation, and services necessary to perform the work described in the RFQ.
Bid Item Schedule - Traffic Signal and Safety Improvement Project I l~e: I Description I~ Estimated
Quantity Price($)
Unit
~ )
I 1 IITraffic Control and Temporary Signal Operations llilll 1 * 11 $460.00 . 11 $460.00 • I □ Removal of Existing Pedestrian Push Button EJI 11 ::JB Assemblies and Conduits (SWARCO bulldog 25 assembly)
~ Furnish and Install ADA-Compliant Pedestrian Push EJI IBB Buttons per intersection (Typical Polara APS system: 5 8 PPB, 1 ICC card, and wiring.)
C Install Audible Pedestrian Pedestian Push Buttons per EJI 11 "::J intersection (Typical Ped safety APS system: 8 PPB 5 $75,250.01 and wiring.)
~ Furnish and Install New Pedestrian Signal Heads with EJI IBB Countdown Timers per intersection (Typical SWARCO 5 system w/GE board)
8 Install Yellow Retroreflective Border Tape on Existing EJI 11 ··:JB or New Backplates per signal head (Typical SWARCO 200 heads on mast arm)
0 Remove and Replace Mast Arm with Extended Length
(per mast arm per future-plan) ~I
4 II $6.600.00 11$26.400.01
0 Install or Re-aim Vehicular Signal Heads on Modified ~I 15 11 $1.160.00 lr 17.400.00I Mast Arms (on mast arm) ~ Furnish and Install Flashing Yellow Arrow (FYA)
Signal Heads with new wiring to the controller using
9 existing conduit (Typical SWARCO system: 4 five EA 5 $11 ,175.00 $55,875.0C sections heads, diode board modifications, wiring
modifications, per future-plans and future-Timing
Sheets.)
Furnish and Install New Video Detection System
(Camera, Processor, Wiring) using existing conduit per
10 intersection. (Typical lteris Vantage Next System: 4 EA 5 $50,555.00 $252,775.1 cameras and associated controller cabinet hardware.
Per future-plans)
RFQ F-26-4061 TRAFFIC SIGNAL IMPROVEMENTS AT VARIOUS LOCATIONS - FY25-29 29 OF 34 0 Packet Page. 797
I l~e:. IJ Description
G Modify or Reprogram Existing Video Detection
Systems per intersection (Typical lteris Vantage Next
System: recalibrate detection zones for 4 approaches)
G Furnish and Install New Traffic Signal Conduit (3" or as Specified) Including Trenching, Backfill, and
Restoration
0 Furnish and Install New Pull Boxes (Type 5 or 6) with penta-head bolts
0 Install New Conductors/ Wiring Between Cabinets,
Poles, and Equipment
Install City furnished BBS system per intersection
(Typical Clary system: Top of SWARCO 332L cabinet
15 option for labor services and commissioning services only. City will provide enclosure, BBS equipment, and
batteries.)
I
PRINT NAME: Michael J. Hutchens
LIC. NO: 1080007 CLASSIFICATION: A & C-10
(expires 08/31/2027)
* Price includes deploying stop signs only
I~
~I
Bl
~I
B l
EA
YUN::X
TRAFFIC
REQUEST FOR VENDOR QUOTES
Project No. RFQ F-25-4061
Estimated Unit ill Total I
Quantity Price ($) ($)
5 11 ·,:JC
600 IEJB
10 11 $1 ,810.00 11$18,100.0,
2,000 IE II$9.800.00 I
3 $1,005.00 $3,015.00
Total Vendor quotelCII$693,m+
TITLE: West Operations Manager
DIR REG. NO: 1000815000
(expires 06/30/2026)
RFQ F-26-4061 TRAFFIC SIGNAL IMPROVEMENTS AT VARIOUS LOCATIONS - FY25-29 30 OF 34 Packet Page. 798
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Riverside
on n .. --Z...3 - -Z....t>""L-':, before me, Candace Gallaher - Notary Public - ---------- (insert name and title of the officer) personally appeared l~ :r - ~~S , who proved to me on the basis of satisfactory evidence to be the person ) whose name(,i) isla/e subscribed to the within instrument and acknowledged to me that helsl/elt~ y executed the same in his/t-kr/thf,ir authorized capacity(¢ s), and that by his/h~r/thkir signature(t) on the instrument the person(~ , or the entity upon behalf of which the person(/,) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official eal. CANDACE GALLAHER
Notary Public • California z
Riverside County ~ corj,mission II 2490725
~,• My Comm. Expires May 21, 2028
(Seal)
Packet Page. 799
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 19, 2026
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Resolution For Approving Letter of Authorization Agreement for the City Facility Energy Infrastructure
Assessment Program with Alliance Building Solutions to
Conduct a Comprehensive and No Cost Assessment of
City Facilities for Potential Energy Conservation Measures Retrofit, and Finding This Action Exempt from the
California Environmental Quality Act. (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2026-142 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Letter of Authorization Agreement for a City Facility Energy Infrastructure Assessment Program with Alliance Building Solutions (ABS) in order to conduct a comprehensive and no cost assessment of city facilities for potential energy conservation measures retrofit, and finding this action exempt from the California Environmental Quality Act.
City Manager's Comments
The City Manager recommends approval.
Executive Summary
The proposed program allows the City to take advantage of a state process that allows cities and counties to bypass the typical processes used to design, develop and construct energy improvements within municipal facilities. Phase One of the process involves the authorization of Alliance Building Solutions to perform a no-cost assessment of City facilities for potential energy conservation measure retrofits. Upon completion of the assessment, ABS will provide a presentation and recommendations for retrofit approaches which will reduce the City’s energy and water demands if implemented.
Background
Packet Page. 800
Due to budgetary constraints over the last 15 years, City staff has not been able to adequately address needed facility improvements relating to infrastructure upgrades and energy efficiency projects to reduce City-Wide energy costs. In 2018 staff was approached by Alliance Building Solutions (ABS) who presented a program to complete a City-Wide energy infrastructure assessment at no cost to the City. The program relates to identifying energy efficiency opportunities, energy cost reduction measures, and related facility improvements including but not limited to the following:
interior and exterior lighting, heating ventilation and air-conditioning (HVAC), system controls & energy management systems (EMS), cool roofing, solar photovoltaic (PV) energy, battery storage, and smart technology initiatives. Currently, public agencies are highly incentivized to implement renewable energy systems, with the Inflation Reduction Act Investment Tax Credit (ITC) allowing agencies to secure up to a 50% rebate on the total cost of renewable energy systems. This makes it one of the most financially advantageous times to install solar and battery storage.
ABS stands as an industry leader within the energy sector working with public agencies throughout the municipal and educational sectors, specializing in performance contracting to implement effective energy efficiency projects throughout the state. ABS has implemented successful and effective energy efficiency projects with surrounding Cities including but not limited to: San Bernardino County, City of Fontana, City of Rialto, West Valley Water District, and City of Upland. Currently, ABS has completed a 1st phase of work with San Bernardino County and is in the development process of a 2nd and 3rd phase that will equate to over $113M in projects to be completed. ABS has been selected as the long-term energy partner for all associated energy efficiency work throughout County facilities.
Staff was approached by ABS in February 2024 to consider entering into a similar evaluation program with ABS; however, due to management changes over the last two years, this project was delayed for consideration by the City Council. Staff was again approached in June 2026 and the City Manager has elected to have the Council consider this item.
Discussion
The proposed program allows the City to take advantage of a state process which was codified in the California Government Code, 4217.10, et. seq., which allows cities and counties to bypass the typical processes used to design, develop and construct energy improvements within municipal facilities. Through this process, the City can directly engage with a qualified provider such as ABS to perform a complete and detailed analysis of potential energy and water conservation savings throughout the City’s facilities. These analyses are typically performed by the qualified provider at no cost to the municipality, but create a detailed, multiyear assessment of the opportunities for energy and water conservation opportunities. Upon completion of the analysis, the City then may consider entering into an agreement with the service provider to implement the identified conservation features. The service provider will develop a third-party financing arrangement in which the identified energy and water conservation savings are subsequently used to fund the financing agreement. In typical situations, the Packet Page. 801
municipal facility experiences a lower cost for utilities and water, the savings are amortized over a long period of time, up to 25-years. This approach has been successfully used to implement and expand the use of solar photovoltaic systems within municipal governments.
The Letter of Authorization (LOA) agreement enables ABS to move forward with evaluating the feasibility of an energy efficiency program for the City including:
infrastructure modernization, energy conservation, and sustainability efforts. ABS will work with maintenance/facility staff and the utility provider to collect all needed information relating to the City facility specifications, current energy usage baseline data, and relevant facility and deferred maintenance needs information stated within the City’s Capital Improvement Plan. The ABS team will complete facility site assessments and report back to staff on recommendations and identified energy savings opportunities. Through the assessment ABS will provide the City with the following services:
• Conduct facility site walks with ABS team of industry experts. • Coordinate with utility provider to receive energy usage interval data, identify available rebates/incentives, and will provide all documentation/planning submission requirements on behalf of the City.
• Develop facility energy baselines and current energy usage analysis for facility benchmarking.
• Provide all necessary engineering and project management services. • Compile existing facility equipment inventory specification reports. • Identify energy savings opportunities, project scope recommendations, strategic efficiency measures, and coordinate with all equipment manufacturers and points of contact.
• Calculation of estimated energy savings and development of financial cash flow specifications.
• Delivering of full-service financing capabilities for project funding, including identification of appropriate funding vehicles and the securing of funds. • Providing all project procurement services.
• Development of project implementation schedule.
This assessment will aim to provide the City with turnkey planning and development services for energy efficiency projects addressing capital needs, to be funded through realized energy savings guaranteed by ABS. Following the assessment findings and recommendations provided to staff, ABS will then finalize the first phase of energy efficiency projects to present to the Council for approval of the procurement (via California Government Code 4217.10 et seq.,) and implementation of the program.
Strategic Goals and Priorities
Packet Page. 802
This project aligns with the City’s Fiscal Year 2020 to 2025 Strategic Targets and Goals, Goal 1- Financial Stability - Create an asset management plan. This project would improve the energy efficiency of the City’s assets by identifying the City’s opportunities to conserve natural resources, and to assist in upgrading the City’s assets by replacing outdated energy technologies.
Fiscal Impact
The initial Letter of Authorization has no fiscal impact to the City. ABS will conduct the initial analysis and provide the information to the City at no cost. Potential future savings in energy and water costs may be identified upon completion of the analysis.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2026-142 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Letter of Authorization Agreement for a City Facility Energy Infrastructure Assessment Program with Alliance Building Solutions (ABS) in order to conduct a comprehensive and no cost assessment of city facilities for potential energy conservation measures retrofit, and finding this action exempt from the California Environmental Quality Act.
Attachments
Attachment 1 – ABS Proposal Overview
Attachment 2 – Resolution No. 2026-142
Ward:
All Wards
Synopsis of Previous Council Actions:
N/A
CC
Eric Levitt, City Manager
Packet Page. 803
12520 High Bluff Drive Suite 345 | San Diego, CA 92130 | 858.333.4775 | 858.356.9651 fax www.alliance-usa.com | Contractor’s License # 1008135
August 19th, 2026
Mr. Brad Chapman
Alliance Building Solutions, LLC
12520 High Bluff Drive, Suite 345
San Diego, CA 92130
Dear Mr. Chapman,
The City of San Bernardino is interested in evaluating the feasibility of an Energy Efficiency Program, including infrastructure modernization, conservation, and sustainability. The implementation of the program is to be self-funded from utility, operational savings, rebates, and incentives. The City will support Alliance Building Solutions, LLC (ABS) in conducting a conceptual evaluation of such a program.
Alliance Building Solutions, LLC agrees to:
1. Develop a comprehensive utility analysis and project feasibility study for self-funding infrastructure improvements.
2. Conduct Staff meetings to determine technical needs and financial requirements.
3. Present findings to Staff and Council.
The City agrees to:
1. Provide ABS with utility bill information.
2. Provide Staff for an Engineering review meeting with appropriate department managers.
3. Provide Staff for a Financial review meeting with appropriate department managers.
4. Provide access to Staff and Council leadership for workshop/ study sessions as required during the development process.
5. Upon receiving a positive recommendation, request the Council to direct staff to procure via CA4217 for the implementation of the project.
ABS agrees to provide the City with this analysis at no cost under the following conditions: While in the scope development process, the City agrees that it will not engage with any other energy services companies (ESCO’s) for related work for 12 months, exclusive to the pilot site list that has been agreed upon. If the City decides not to move forward with the Project with ABS after the development and presentation process is completed, then all project information provided will be ABS’s proprietary information and cannot be used by the City without ABS’s written consent.
City of San Bernardino Alliance Building Solutions, LLC.
BY: ________________________________ BY: __________________________________ Signature Signature
Print Name: _________________________ Print Name: __Brad Chapman______________ TITLE: ______________________________ TITLE: _____Principal _________ DATE: ______________________________ DATE: ________________________________ Packet Page. 804
12520 High Bluff Drive Suite 345 | San Diego, CA 92130 | 858.333.4775 | 858.356.9651 fax www.alliance-usa.com | Contractor’s License # 1008135
Company Background Overview
Established in 1964 with an initial team of five, Alliance Building Solutions (ABS) focused on warranty work and HVAC service calls, ABS has evolved from a small mechanical contractor to a leader in energy infrastructure solutions within the public sector in California. ABS contracts with public agencies across the state, focusing on the municipal and educational sectors. Offering a design-build / turnkey approach, ABS strives to create successful and effective energy projects, becoming a long-term energy partner with all our customers. In this relationship-driven industry, success also relies on customer satisfaction and long-term relationships with clients and industry professionals. For nearly half a century, our experienced team of executives, project managers, mechanical engineers, estimators, technicians, and installers have been delivering top-tier energy solutions to satisfied clients throughout California.
Unlike traditional, outdated energy services companies, our leadership consists of executives, managers and implementers that came together to change the way municipalities view ESCO’s. We are and will remain privately held, meaning we prioritize our customers, not shareholders. We can keep profits fair and minimize markup as we perform most of our work in-house. Through strategic partnerships, our firm offers a diverse array of funding vehicles and financing solutions to our customers with a very flexible and streamlined approach.
ABS specializes in Energy Savings Performance Contracting (ESPC), which is a method that leverages energy savings to create a self-funding project. We understand the major budget constraints, lack of deferred maintenance funding, energy infrastructure needs, and economic trends within the municipal sector. Through this understanding, we strive to build effective projects that are budget neutral, allowing Cities to address capital needs without additional capital outlay. Currently, public agencies are highly incentivized to implement renewable energy systems, with the Inflation Reduction Act Investment Tax Credit (ITC) allowing agencies to secure up to a 50% rebate on the total cost of renewable energy systems. This makes it one of the most financially advantageous times to install solar and battery storage. Additionally, California’s increasing wildfire activity has placed immense pressure on the energy grid, leading to rolling blackouts and a heightened risk of prolonged power outages.
Public agencies must be prepared to maintain critical operations during these unpredictable events, and reliable backup power is no longer a luxury—it is a necessity.
City of San Bernardino
Energy Efficiency Project Proposal
Packet Page. 805
12520 High Bluff Drive Suite 345 | San Diego, CA 92130 | 858.333.4775 | 858.356.9651 fax www.alliance-usa.com | Contractor’s License # 1008135
Alliance has successfully completed over $165M in holistic energy efficiency projects within CA, while locally working with various San Bernardino County agencies such as the City of Rialto, City of Fontana, City of Upland, West Valley Water District, City of Ontario, any many others through the State.
Currently, Alliance has completed a first phase of work with San Bernardino County and currently in the installation process of Phase two, with a third phase in development that will equate to over $100M in projects to be completed. Our firm comes highly recommended by the County and has been selected as the long-term energy partner for all associated energy efficiency work throughout County facilities.
Project Approach
The project approach will entail a comprehensive audit process identifying facility infrastructure needs throughout various City buildings, starting with an initial pilot program Emphasizing larger/higher energy user sites that will have a substantial amount of needs to be addressed, allowing the City to maximize realized energy savings to fund the project. As previously stated above, the strategy for this project will be a design build approach leveraging performance contracting through a 4217 procurement. This strategy enables the City to complete capital projects without having to pull from budget dollars and to fund project through realized energy savings over time.
Our engineering team will conduct a pre-site walk meeting with staff discussing the various needs within the facilities that will be included in the audit. We will schedule site walk dates that will work best with facility staff schedules. Staff feedback and input will provide information to our team that will allow us to effectively address all major needs that will be included in the scope recommendation. The City will provide signed utility releases, allowing Alliance to work directly with the utility provider for all of the needed usage data to build an energy baseline, which will show the current energy expenditures at each site.
During the site walks, our team will identify all energy infrastructure measures, providing fully detailed inventories of equipment type, make, model, age, etc. This will provide staff with detailed information on the existing infrastructure within each facility, encompassing elements affecting the City’s utility bill for gas, electric, or water; interior and exterior lighting, HVAC/mechanical systems, building controls/EMS, transformers, and a renewable analysis such as solar and battery storage. In addition to measures that will realize savings upon retrofit, Alliance will also try to include other items such as roofing, plumbing, window replacements, etc., that can also be funded through energy savings.
Following the completion of site walks, our team will develop a self-funding project to be presented to staff with the final scope recommendation. Upon finalizing the scope of work, the financial specifications will be shared, providing the total project cost and savings for a turn-key implementation of the project.
Packet Page. 806
12520 High Bluff Drive Suite 345 | San Diego, CA 92130 | 858.333.4775 | 858.356.9651 fax www.alliance-usa.com | Contractor’s License # 1008135
The audit is identifying the sites below, but is not limited to additional sites within the initial pilot phase:
Site Name Address
1 Public Works Building (Building A & B) 201 North E Street 2 Rowe Library 108 E Marshall Blvd
3 Villasenor Library 525 N. Mt Vernon
4 Dorothy Ingraham Library 1505 W Highland Ave
5 City Yard (Corporation Yard) 234 S Mountain View
6 Rudy C. Hernandez Community Center 220 N. Lugo
7 Perris Hill Park Senior Center 780 E 21st St
8 5
th Street Senior Center 600 5th Street
9 Delman Heights Center 2969 N. Flores St
10 66ers Stadium 280 South E St.
11 Police Station 710 North D St.
12 Norman f. Feldheyn Library 555 West 6th St.
13 Sturges Center for the Performing Arts 780 North E St. 14 City yard - Facilities Maintenance (bldg 102) 182 South Sierra Way 15 Police Annex / Office Storage 765 North E St.
16 Encanto Park Rec Center 1180 West 9th St.
17 Delmann Heights Rec Center 2969 North Flores St.
18 Perris Hill Park Senior Center 780 East 21st St.
19 Villasenor Library 525 North Mt. Vernon Ave.
20 Howard m Rowe Library 108 East Marshall Blvd.
21 Animal Control Dog Kennel/Administration 333 Chandler Pl. *Any Additional Sites
Packet Page. 807
12520 High Bluff Drive Suite 345 | San Diego, CA 92130 | 858.333.4775 | 858.356.9651 fax www.alliance-usa.com | Contractor’s License # 1008135
Cost Associated
There will be no cost associated with this audit. Alliance will complete the analysis at risk, requiring no financial obligation from the City.
Outcome & Associated Next Steps
Once a finalized project is identified that meets the City’s needs, Metro Futures Inc will then work to secure financing through a loan. Upon completion, all associated contracts will be forwarded to the City’s legal team for review and internal approval to be placed on the agenda for action. Alliance will support staff in preparing all the necessary documents for the agenda packet. Subsequently, the project will be presented before the council for a vote to approve Alliance for installation of the project.
Packet Page. 808
Resolution No. 2026-142
Resolution No. 2026-142
August 19, 2026
RESOLUTION NO. 2026-142
RESOLUTION OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A
LETTER OF AUTHORIZATION AGREEMENT FOR A
CITY FACILITY ENERGY INFRASTRUCTURE
ASSESSMENT PROGRAM WITH ALLIANCE
BUILDING SOLUTIONS (ABS) IN ORDER TO
CONDUCT A COMPREHENSIVE AND NO COST
ASSESSMENT OF CITY FACILITIES FOR POTENTIAL
ENERGY CONSERVATION MEASURES RETROFIT,
AND FINDING THIS ACTION EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, California Government Code Section 4217.10 to 4217.18, authorizes the City Council to enter into an Energy Services Contract for the implementation of energy related improvements if the Council finds that it is in the best interest of the City to enter into such Energy Service Contract and that the anticipated cost to the City for thermal or electrical energy or conservation services provided by Alliance Building Solutions, LLC. under the contract will be less than the anticipated marginal cost to the City of thermal, electrical, or other energy that would have been consumed by the City in absent of those purchases; and, WHEREAS, The City of San Bernardino is interested in evaluating the feasibility of an Energy Efficiency Program, including infrastructure modernization, conservation, and sustainability. The implementation of the program is to be self-funded from utility, operational savings, rebates, and incentives; and,
WHEREAS, ABS agrees to provide the City with this analysis at no cost. While in the scope development process, the City will not engage with any other energy services companies (ESCO’s) for related work for 12 months. If the City decides not to move forward with the Project with ABS, then all project information provided will be ABS’s proprietary information and cannot be used by the City without ABS’s written consent.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Council hereby approves the execution of the letter of authorization agreement and proposal from Alliance Building Solutions, LLC., dated August 19th, 2026; and,
SECTION 3. That the Mayor and City Council hereby authorized the City Manager or their designee to provide the necessary utility billing information and any other documents to Alliance Building Solutions, LLC as necessary and in a form mutually agreeable by both Packet Page. 809
Resolution No. 2026-142
Resolution No. 2026-142
August 19, 2026
parties, to allow Alliance Building Solutions, LLC to perform this assessment; and, SECTION 4. That upon completion of said study resulting in a positive evaluation by ABS that show appropriate energy and cost savings opportunities, the City shall make recommendations to the Council for consideration of the implementation of a project as allowed under Government Code Section 4217, et.seq.
SECTION 5. This Resolution is not subject to the requirements of California Environmental Quality Act (“CEQA”). The approval of this Resolution is not a “project” within the meaning of Section 15378 of Title 14 of the California Code of Regulations (“State CEQA Guidelines”) because it has no potential for resulting in direct or indirect physical change in the environment. The documents and materials that constitute the record of proceedings on which these findings have been based are located at 215 North “D” Street, San Bernardino, CA 92401. The custodian for these records is the City Clerk of the City.
SECTION 6. If any section, subsection, subdivision, sentence, clause, or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.
SECTION 7. This Resolution shall take effect immediately upon adoption SECTION 8. The City Clerk shall attest and certify to the passage and adoption thereof.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 19th day of August 2026. ________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
_________________________________
Telicia Lopez, CMC, City Clerk
Approved as to form:
_________________________________
Albert J. Maldonado, City Attorney
Packet Page. 810
Resolution No. 2026-142
Resolution No. 2026-142
August 19, 2026
Packet Page. 811
Resolution No. 2026-142
Resolution No. 2026-142
August 19, 2026
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-142, adopted at a regular meeting held on the 19th day of August 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 20th day of August 2026. ______________________________________
Telicia Lopez, CMC, City Clerk
Packet Page. 812
DISCUSSION
City of San Bernardino
Request for Council Action
Date: August 19, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Cheryl Weeks, Council Administrative Supervisor
Department: Council Office
Subject: Designation of Voting Delegates and Alternates for the 2026 League of California Cities Annual Conference and
Expo, September 23-25, 2026, Anaheim Convention Center
(All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the selection of one voting delegate and up to two alternate voting delegates to the 2026 Cal Cities Annual Conference and Expo on September 23-25, 2026, Anaheim, California Convention Center.
Executive Summary
In order to participate in the voting for the General Assembly Meeting at the League of California Cities Annual Expo, each city must designate a voting representative and up to two alternates. To ensure the city has representation at this annual expo, the designation of the delegate and alternates must be submitted to the League of California Cities no later than September 1, 2026.
Background
The 2026 League of California Cities Annual Conference & Expo will be held on September 23-25, 2026, Anaheim, California Convention Center. One very important aspect of the Annual Conference is the General Assembly Meeting when the membership takes action on conference resolutions that establish Cal Cities policy.
Annual conference resolutions guide cities and Cal Cities in efforts to improve the quality, responsiveness and vitality of local government in California.
Packet Page. 813
Discussion
To expedite the conduct of business at the 2026 League of California Cities Annual Conference & Expo, Cal Cities has requested that each City designate a voting representative and up to two alternate voting delegates. At least one must be present during the General Assembly Meeting on Friday, September 25, 2026, and in possession of the voting card in order to cast a vote.
The General Assembly is comprised of voting delegates appointed by each member city. One city, one vote; every city has one voting delegate. The appointed voting delegate plays an important role during the General Assembly by representing their city and voting on resolutions.
To cast a vote during the General Assembly, the City must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting Delegates may either be an elected or appointed official.
Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the Mayor or City Manager alone.
The voting delegate and alternates must be registered to attend the conference.
They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website Voting delegates must be designated as soon as possible so that proper records can be established for the conference. The City of San Bernardino must return the Voting Delegate/Alternate form to the Cal Cities Office no later than Wednesday, September 1, 2026. 2021-2025 Strategic Targets and Goals
Selecting a Voting Delegate and attending the General Assembly meeting at the 2026 League of California Cities Annual Conference & Expo aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community.
Fiscal Impact
Yes, there is a financial impact. Estimated cost to attend per person including registration and lodging is approximately $2,000. The conference costs are covered under the 2026/2027 adopted budget. The League of California Cities (Cal Cities) Annual Conference & Expo is part of the pre-approved travel for the Mayor and City Council.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the designation of one Voting Delegate and two Alternate Voting Delegates to the 2026 Cal Cities Annual Conference and Expo on September 23-25, 2026, Anaheim, California Convention Center.
Packet Page. 814
Attachments
Attachment 1 – 2026 Cal Cities Voting Delegate Packet
Attachment 2 – 2025 Designated Voting Delegate and Alternates (Minutes)
Ward:
All Wards
Synopsis of Previous Council Actions:
August 6, 2025 The Mayor and City Council approved the selection of Council Member Shorett as the Cal Cities Conference voting delegate, and Council Member Knaus as 1st alternate and Council
Member Sanchez as 2nd alternate [7-0] for the 2025 League of Cal Cities Annual Conference and Expo on October 8-10, 2025, Long Beach, California Convention Center.
Packet Page. 815
Packet Page. 816
Packet Page. 817
Packet Page. 818
Packet Page. 819
Packet Page. 820
DISCUSSION
City of San Bernardino
Request for Council Action
Date: August 19, 2026
To: Honorable Mayor and City Council Members
From: Luis Portillo, Director of Economic Development
Department: Economic Development
Subject: Arden Guthrie – Presentation and Developer Selection (Ward 2)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive a report, consider presentations from the development teams on their concept for the future development of the Arden Guthrie property, and provide staff direction regarding the development of the Arden Guthrie Property.
City Manager's Comments
Staff has reviewed the two presentations of the developers who responded to the RFP.
We are bringing forward both Panorama Properties and Schneider Commercial Real Estate to present to City Council. The objective of this agenda item is determine whether the City Council provides direction to move forward with one of the developers in working on an ENA. Both come from a slightly different approach. I recommend that the City Council take one of three approaches. The City Council direct staff to move forward in negotiating an ENA with one of the two developers. If you do provide that direction, I recommend as part of the process that staff negotiate a more comprehensive approach with the developer selected and bring regular reports back to the Council. Alternatively, the Council could request a new RFP and allow the two developers to modify and enhance their proposals.
Executive Summary
This item requests direction from the Mayor and City Council regarding the selection of a preferred development partner for the future redevelopment of the Arden Guthrie property. The proposed projects present a significant opportunity to transform a longvacant, City-owned site into a catalyst for economic development, private investment, job creation, and increased tax revenue. Bringing the finalist proposals forward for Council consideration promotes transparency in the selection process and provides an opportunity for the Mayor, City Council, and community to engage directly with the Packet Page. 821
development teams and their respective visions for the site.
Background
Commonly known as the Arden Guthrie property, this City-owned site consists of approximately 17 acres of vacant commercial land located adjacent to the I-210 Freeway. The property is bounded by Highland Avenue, 20th Street, Arden Avenue, and Guthrie Street, providing a highly visible location with regional freeway access.
The former Redevelopment Agency (RDA) acquired the property in late 2006 utilizing a Section 108 Loan through the U.S. Department of Housing and Urban Development (HUD). Between 2006 and 2009, the RDA completed the relocation of existing residents and cleared the site to prepare it for future development opportunities. In 2010, the RDA entered into its first development agreement for the property.
Between 2010 and 2021, the City and the selected developer ultimately terminated their development efforts. Following the dissolution of the project, the property was declared surplus, allowing the City to initiate a Request for Proposals (RFP) process to identify a new development partner.
Between 2022 and 2024, the City released and awarded an RFP for the redevelopment of the Arden Guthrie property and entered into an Exclusive Negotiating Agreement (ENA) with the selected developer. In late 2024, the developer elected to withdraw from the project, making the site available for renewed marketing and future redevelopment opportunities.
Following the developer's withdrawal, the Economic Development Department began actively remarketing the Arden Guthrie property and preparing a refreshed RFP to attract qualified development partners.
On September 4, 2025, the Department released a new RFP soliciting redevelopment proposals from regional and national developers. The competitive solicitation process provided staff with the opportunity to evaluate prospective development teams based on their qualifications, proposed site and project designs, development experience, and financial capacity to successfully implement a transformative project on the site.
The RFP deadline was originally set for October 9, 2025, but was extended to allow greater opportunity for developers to apply. The RFP was then closed on December 4, 2026. Two developers submitted proposals as part of the RFP process. Those developers included:
1. Panorama Properties, Inc.
2. Schneider Commercial Real Estate
On March 2 and 19 of 2026, initial interviews were conducted with the developers.
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Discussion
Following the completion of the Request for Proposals (RFP) process, staff evaluated submitted proposals two finalist development teams have been selected for consideration by the Mayor and City Council. The selection of a development partner for the Arden Guthrie site represents a significant milestone in the City's ongoing efforts to transform a long-vacant property into a productive economic asset that contributes to the community's long-term growth and vitality.
The Arden Guthrie site occupies a highly visible location adjacent to the I-210 Freeway and presents a unique opportunity to attract quality development that can generate new investment, create employment opportunities, expand commercial amenities, and increase future property, sales, and other local tax revenues. Redevelopment of the site has the potential to serve as a catalyst for additional private investment in the surrounding area while enhancing the City's image and strengthening the local economy.
As part of the evaluation process, the finalist development teams have prepared conceptual site plans and development proposals for Council's consideration. It is important to note that the site plans presented at this stage are preliminary concepts intended to demonstrate each developer's vision, development approach, and overall project feasibility. The plans are not final development designs and will continue to evolve through future negotiations, due diligence, environmental review, engineering, and entitlement processes. Should a development team be selected, staff anticipates working collaboratively with the developer to further refine the project design to ensure alignment with City goals, community needs, and applicable development standards.
The Mayor and City Council's selection of a preferred development partner will authorize staff to enter into negotiations for the preparation of an Exclusive Negotiating Agreement (ENA), providing the framework for further evaluation and refinement of the proposed project prior to the consideration of any final development agreement Strategic Goals and Priorities
The selection of a developer for the Arden Guthrie property aligns with Key Target No. 4: Economic Growth & Development. Specifically, the Mayor and City Council is empowered to evaluate alternatives for the sale and development of real property such as Arden Guthrie.
Fiscal Impact
There is no fiscal impact related to the Mayor and City Council considering the selection of a developer for the Arden Guthrie property.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive a report, consider presentations from the development teams on their concept for the future development of the Arden Guthrie property, and provide staff direction regarding the development of the Arden Guthrie Property.
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Attachments
Attachment 1 Arden Guthrie RFP F-25-1038
Attachment 2 RFP Proposal – Panorama Properties Inc.
Attachment 3 RFP Proposal – Schneider Commercial Real Estate Attachment 4 Panorama Properties Inc. Presentation
Attachment 5 Schneider Commercial Real Estate Presentation Ward:
Second Ward
Synopsis of Previous Council Actions:
June 16, 2021 The Mayor and City Council adopted Resolution No. 2021-150, declaring Arden Guthrie surplus land and approving the release of the Notice of Availability.
CC: Eric Levitt, City Manager
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COMMERCIAL
DEVELOPMENT
OPPORTUNITY
Publish Date: September 4, 2025
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
Request for Proposal
RFP F-25-1038 Arden Guthrie
Commercial Development Opportunity
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