HomeMy WebLinkAbout03-06-2019 Agenda BackupCITY OF SAN BERNARDINO
AGENDA
FOR THE
JOINT REGULAR MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND
CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND THE MAYOR AND
CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY
WEDNESDAY, MARCH 6, 2019
4:00 PM – CLOSED SESSION 5:00 PM – OPEN SESSION
COUNCIL CHAMBER • 201 NORTH E STREET • SAN BERNARDINO, CA 92401 • WWW.SBCITY.ORG
Theodore Sanchez John Valdivia James Mulvihill
COUNCIL MEMBER, W ARD 1 MAYOR COUNCIL MEMBER, WARD 7
Sandra Ibarra
Andrea M. Miller
COUNCIL MEMBER, W ARD 2 CITY MANAGER
Vacant Gary D. Saenz
COUNCIL MEMBER, W ARD 3 CITY ATTORNEY
Fred Shorett Georgeann “Gigi” Hanna
COUNCIL MEMBER, W ARD 4 CITY CLERK
Henry Nickel David Kennedy
COUNCIL MEMBER, W ARD 5 CITY TREASURER
Bessine L. Richard
COUNCIL MEMBER, W ARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.
o Anyone who wishes to speak during public comment or on a particular item will be required to fill out a
speaker slip. Speaker slips must be turned in to the City Clerk. You may email your request to speak
to publiccomments@sbcity.org prior to 4 p.m. Each request will cover one speaker. Those who wish
to speak must submit their own request to be called on by the Mayor.
o There is a 3-minute-per-person time limit for all comments, excluding public or quasi-judicial
hearings.
o Written comment on any item may also be submitted to the City Clerk to be included in the meeting
record. It will not be read aloud by the City Clerk.
o Those who wish to speak on public or quasi-judicial hearing items will have three minutes for each item.
o All who wish to speak, including Council members and staff, need to be recognized by the Mayor or
Mayor Pro Tempore before speaking.
o Please contact the City Clerk’s Office (384-5002) two working days prior to the meeting for any
requests for reasonable accommodation to include interpreters.
o All documents for public review are on file with the City Clerk’s Office or may be accessed online by
going to www.sbcity.org.
o Please turn off or mute your cell phone while the meeting is in session.
Regular Meeting Agenda March 6, 2019
Mayor and City Council of the City of San Bernardino Page 2 Printed 3/1/2019
o
Call to Order
Attendee Name Present Absent Late Arrived
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Vacant
Council Member, Ward 4 Fred Shorett
Council Member, Ward 5 Henry Nickel
Council Member, Ward 6 Bessine L. Richard
Council Member, Ward 7 James Mulvihill
Mayor John Valdivia
City Clerk Georgeann "Gigi" Hanna
City Attorney Gary D. Saenz
City Manager Andrea M. Miller
CLOSED SESSION
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
A three-minute limitation shall apply to each member of the public who wishes to
address the Mayor and City Council and the Mayor and City Council Acting as the
Successor Agency to the Redevelopment Agency. No member of the public shall
be permitted to “share” his/her three minutes with any other member of the public.
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1)):
i. Washington, LLC et al. v. City of San Bernardino et al., San Bernardino
Superior Court, Case No. CIVDS1905710.
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Initiation of litigation - Government Code Section 54956.9(d)(4):
One case.
C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government
Code Section 54957(b(1)):
City Manager
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
PRESENTATIONS
1. Chamber of Commerce & Local Elected Officials Announcements
Regular Meeting Agenda March 6, 2019
Mayor and City Council of the City of San Bernardino Page 3 Printed 3/1/2019
APPOINTMENTS
2. Public Safety and Human Relations Commission Appointment
Recommendation: Approve the appointment of Mr. Terry Elliott to the
Public Safety and Human Relations Commission.
3. Measure “Z” Citizens Oversight Committee Appointment
Recommendation: Approve the appointment of Mr. Richard P. Avila to
the Measure “Z” Citizens Oversight Committee.
4. Parks, Recreation, and Community Services Commission Appointment
Recommendation: Approve the appointment of Mr. Richard P. Avila to
the Parks, Recreation, and Community Services
Commission.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
A three-minute limitation shall apply to each member of the public who wishes to address
the Mayor and City Council on any item on the agenda. There is no limit to the number of
items that may be discussed within the three-minute time limit. To be called on by the
Mayor, please turn in individual speaker slips to the City Clerk by 5:00 p.m. the day of the
meeting. If you wish, you may email your speaking request to publiccomments@sbcity.org
prior to the beginning of the meeting. Emailed requests to speak will not be accepted from
anyone but the person requesting to speak.
CONSENT CALENDAR
There will be no separate discussion of Consent Calendar items unless a Council
member requests that the item be considered in its normal sequence on the agenda.
Public comment on Consent Calendar items is limited to three minutes total per
person. There is no limit on the items that can be discussed within that time.
5. Waive Full Reading of Resolutions and Ordinances
Recommendation: Waive full reading of Resolutions and Ordinances on
the agenda dated March 6, 2019.
6. City Council Approval of Commercial and Payroll Checks
Recommendation: Approve the commercial and payroll checks for
February 2019.
Regular Meeting Agenda March 6, 2019
Mayor and City Council of the City of San Bernardino Page 4 Printed 3/1/2019
7. Neighborhood Resource Center, Matching Grants Fund Program, and
Leadership Program Update
Recommendation: Receive the Neighborhood Resource Center,
Matching Grants Fund Program and Leadership
Program proposal at the April 3, 2019 City Council
meeting.
8. Award of Construction Contract for Hospitality Lane Raised Median Island to
Aramexx Group, Inc.
Recommendation: Adopt Resolution No. 2019-31 of the Mayor and City
Council of the City of San Bernardino, California,
approving the award of a Construction Contract with
Aramexx Group, Inc. in the amount of $424,450 for
Hospitality Lane Raised Median construction,
between “E” Street and Waterman Avenue; authorize
the City Manager to execute the construction
contingency in the amount of $42,445; and authorize
the City Manager or designee to expend the
contingency fund, if necessary, to complete the
project.
9. Agreements with Infrastructure Engineers, Miller Architectural Corporation,
and Black O’Dowd and Associates, Inc. to provide As-Needed, On Call
Architectural Services
Recommendation: Adopt Resolution No. 2019-32 of the Mayor and City
Council of the City of San Bernardino, California,
approving Agreements with Infrastructure Engineers,
Miller Architectural Corporation, and Black O’Dowd
and Associates, Inc. to provide As-Needed, On Call
Architectural Services for Various Capital
Improvement Program (CIP) Construction and
Modernization Projects.
10. Agreement with Community Works Design Group for Facilities and
Parkland Area Assessment of Delmann Heights Park and Community
Center
Recommendation: Adopt Resolution No. 2019-33 of the Mayor and City
Council of the City of San Bernardino, California,
approving the award of a design contract with
Community Works Design Group in the amount of
$119,235 for Facilities and Parkland Area
Assessment of Delmann Heights Park and
Community Center.
Regular Meeting Agenda March 6, 2019
Mayor and City Council of the City of San Bernardino Page 5 Printed 3/1/2019
11. Comprehensive Annual Financial Report of the City of San Bernardino
Municipal Water Department for Fiscal Year Ended June 30, 2018 (Receive
and File Item Only)
Recommendation:
12. Authorize the Second Amendment to the Contractor Services Agreements
with Absolute Property Preservation and Brett Carlson Construction
Recommendation: 1. Adopt Resolution No. 2019-34 of the Mayor and
City Council of the City of San Bernardino,
California, authorizing the City Manager to execute
the Second Amendment to Contractor Services
Agreements with Absolute Property Preservation
and Brett Carlson Construction, increasing the
total for each to $200,000 per year and extend the
single-year renewal options through June 2022 for
on call board-up services; and
2. Authorize the Director of Finance to increase the
Purchase Orders issued to Absolute Property
Preservation and Brett Carlson Construction to
$200,000, respectively.
13. Increase Purchase Order to Fairview Ford for Pre-Owned Vehicles for the
Police Department
Recommendation: Adopt Resolution No. 2019-35 of the Mayor and City
Council of the City of San Bernardino, California,
authorizing the Director of Finance to increase the
Purchase Order to Fairview Ford Sales, Inc., to an
amount not to exceed $782,000 to cover the purchase
of three pre-owned vehicles.
14. FY 2018 Emergency Management Performance Grant
Recommendation: Adopt Resolution No. 2019-36 of the Mayor and City
Council of the City of San Bernardino, California,
authorizing the receipt, obligation, and expenditure of
the FY 2018 Emergency Management Performance
Grant (EMPG), and authorizing the Director of
Finance to amend the FY 2018/19 Adopted Budget
and issue a purchase order to Vector USA in the
amount not to exceed $15,962.99.
Regular Meeting Agenda March 6, 2019
Mayor and City Council of the City of San Bernardino Page 6 Printed 3/1/2019
15. Adopt Ordinance No. MC-1515 of the Mayor and City Council of the City of
San Bernardino, California, adding Chapter 2.46 to the San Bernardino
Municipal Code pertaining to the Formation of a Disaster Council
Recommendation: Adopt Ordinance No. MC-1515 of the Mayor and City
Council of the City of San Bernardino, California,
adding Chapter 2.46 to the San Bernardino Municipal
Code pertaining to the Disaster Council.
STAFF REPORTS
16. Mid-Year Financial Review – Fiscal Year 2018/19
Recommendation: 1. Receive and File the Mid-Year Financial Review –
Fiscal Year 2018/19 Report; and
2. Authorize the Director of Finance to Amend the FY
2018/19 Budget as outlined in the Mid-Year
Financial Review – Fiscal Year 2018/19 Report.
17. Survey Research, Strategic Communications, and Public Education – Sunset
of the Measure Z $0.25 Sales Tax in April 2022
Recommendation: Authorize staff to issue Request for Proposals (RFP)
for a survey research firm and a strategic
communications and public education consultant to
assist with the impending sunset of the Measure Z
$0.25 Sales Tax in April 2022.
PUBLIC HEARINGS
18. Vacation of a portion of “I” Street, Broadway Street, and Main Street, South
of 3rd Street and the Reservation of Utility Easements Therein
Recommendation: Adopt Resolution No. 2019-37 of the Mayor and City
Council of the City of San Bernardino, California,
approving the vacation of a portion of “I” Street,
Broadway Street, and Main Street, South of 3rd Street,
and the reservation of utility easements therein.
19. Vacation of a portion of Little Mountain Drive, North of West 27th Street and
the Reservation of Utility Easements Therein
Recommendation: Adopt Resolution No. 2019-38 of the Mayor and City
Council of the City of San Bernardino, California,
approving the vacation of a portion of Little Mountain
Drive, North of West 27th Street, and the reservation
of utility easements therein.
Regular Meeting Agenda March 6, 2019
Mayor and City Council of the City of San Bernardino Page 7 Printed 3/1/2019
ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency will be held o n
Wednesday, March 20, 2019 in the Council Chamber located at 201 North “E”
Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and
Open Session will begin at 7:00 p.m.
CERTIFICATION OF POSTING AGENDA
I, Georgeann “Gigi” Hanna, MMC, City Clerk for the City of San Bernardino, California,
hereby certify that the agenda for the March 6, 2019 regular meeting of the Mayor and
City Council and the Mayor and City Council acting as the Successor Agency to the
Redevelopment Agency was posted on the City’s bulletin board located at 201 North “E”
Street, San Bernardino, California, at the San Bernardino Public Library, and on the
City’s website www.ci.san-bernardino.ca.us on Friday, March 1, 2019.
I declare under the penalty of perjury that the foregoing is true and correct.
Georgeann “Gigi” Hanna, MMC, City Clerk
Regular Meeting Agenda March 6, 2019
Mayor and City Council of the City of San Bernardino Page 8 Printed 3/1/2019
NOTICE: Any member of the public may address this meeting of the Mayor and City
Council and the Mayor and City Council Acting as the Successor Agency to the
Redevelopment Agency on any item appearing on the agenda by approaching the
microphone in the Council Chamber when the item about which the member desires to
speak is called and by asking to be recognized.
Any member of the public desiring to speak to the Mayor and City Council and the
Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency
concerning any matter not on the agenda but which is within the subject matter
jurisdiction of the Mayor and City Council and the Mayor and City Council Ac ting as the
Successor Agency to the Redevelopment Agency may address the body at the end of
the meeting, during the period reserved for public comments. Said total period for
public comments shall not exceed 60 minutes, unless such time limit is extended
by the Mayor and City Council and the Mayor and City Council Acting as the
Successor Agency to the Redevelopment Agency. A three minute limitation shall
apply to each member of the public, unless such time limit is extended by the Mayor
and City Council and the Mayor and City Council Acting as the Successor Agency to the
Redevelopment Agency. No member of the public shall be permitted to “share” his/her
three minutes with any other member of the public.
Speakers who wish to present documents to the governing body may hand the
documents to the City Clerk at the time the request to speak is made.
The Mayor and City Council and the Mayor and City Council Acting as the Successor
Agency to the Redevelopment Agency may refer any item raised by the public to staff ,
or to any commission, board, bureau, or committee for appropriate action or have the
item placed on the next agenda of the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency. However, no
other action shall be taken nor discussion held by the Mayor and City Council and the
Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency
on any item which does not appear on the agenda unless the action is otherwise
authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the
Government Code.
Public comments will not be received on any item on the agenda when a public hearing
has been conducted and closed.
Appointment
City of San Bernardino
Request for Council Action
Date: March 6, 2019
To: Honorable Mayor and City Council Members
From: John Valdivia, Mayor
By: Renee Brizuela, Executive Assistant to the Mayor
Subject: Public Safety and Human Relations Commission Appointment
Recommendation
Approve the appointment of Mr. Terry Elliott to the Public Safety and Human Relations
Commission.
Background
The Public Safety and Human Relations Commission was established by Resolution
No. 2018-46, on February 21, 2018 and is charged with studying and making
recommendations to the Mayor and City Council on matters concerning the City’s law
enforcement and fire services, emergency preparedness and traffic safety (including
traffic law enforcement and traffic engineering).
The commission is comprised of nine (9) members who serve at pleasure of the Mayor
and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council
member shall nominate one member who shall serve during and for the term of the
nominating Council member, and the Mayor shall nominate two members who shall
serve during and for the term of the Mayor.
Mayor, City Council and City Manager Goals and Objectives
The proposed commission appointment aligns with Goal Number 5 Improving City
Government Operations by implementing the city charter and appointing commissioners
to the citizen advisory boards with clearly defined roles.
Conclusion
Approve the appointment of Mr. Terry Elliott to the Public Safety and Human Relations
Commission.
Fiscal Impact
None
Attachments
Attachment 1 – Commission application – Mr. Terry Elliott
2.a
Packet Pg. 9 Attachment: MCC.Public Safety and Human Relations Commission Appointment - Terry Elliott (5982 : Public Safety and Human Relations
2.b
Packet Pg. 10 Attachment: MCC.Commission application - Terry Elliott_Redacted (5982 : Public Safety and Human Relations Commission Appointment)
2.b
Packet Pg. 11 Attachment: MCC.Commission application - Terry Elliott_Redacted (5982 : Public Safety and Human Relations Commission Appointment)
2.b
Packet Pg. 12 Attachment: MCC.Commission application - Terry Elliott_Redacted (5982 : Public Safety and Human Relations Commission Appointment)
Appointment
City of San Bernardino
Request for Council Action
Date: March 6, 2019
To: Honorable Mayor and City Council Members
From: John Valdivia, Mayor
By: Renee Brizuela, Executive Assistant to the Mayor
Subject: Measure “Z” Citizens Oversight Committee Appointment
Recommendation
Approve the appointment of Mr. Richard P. Avila to the Measure “Z” Citizens Oversight
Committee.
Background
The Measure “Z” Citizens Oversight Committee was established by Ordinance No. MC-
1229 effective November 8, 2006 and is charged with reviewing and reporting annually
on the use of the proceeds from the quarter cent general sales tax established by
Measure “Z” beginning on April 1, 2007 for a 15-year period. The revenue generated
from the Measure “Z” sales tax are to be used to fund police officers along with anti-
gang and anti-crime operations, including drug resistance education and supervised
after-school youth activities.
The commission is comprised of nine (9) members who serve at pleasure of the Mayor
and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council
member shall nominate one member who shall serve during and for the term of the
nominating Council member, and the Mayor shall nominate two members who shall
serve during and for the term of the Mayor.
Mayor, City Council and City Manager Goals and Objectives
The proposed commission appointment aligns with Goal Number 5 Improving City
Government Operations by implementing the city charter and appointing commissioners
to the citizen advisory boards with clearly defined roles.
Conclusion
Approve the appointment of Mr. Richard P. Avila to the Measure “Z” Citizens Oversight
Committee.
Fiscal Impact
None
Attachments
Attachment 1 – Commission Application – Richard P. Avila
3.a
Packet Pg. 13 Attachment: MCC.Measure Z Citizens Oversight Committee appointment - Richard P. Avila (5983 : Measure “Z” Citizens Oversight Committee
3.b
Packet Pg. 14 Attachment: MCC.Commission application - Richard P. Avila - Measure Z_Redacted (5983 : Measure “Z” Citizens Oversight Committee
3.b
Packet Pg. 15 Attachment: MCC.Commission application - Richard P. Avila - Measure Z_Redacted (5983 : Measure “Z” Citizens Oversight Committee
3.b
Packet Pg. 16 Attachment: MCC.Commission application - Richard P. Avila - Measure Z_Redacted (5983 : Measure “Z” Citizens Oversight Committee
Appointment
City of San Bernardino
Request for Council Action
Date: March 6, 2019
To: Honorable Mayor and City Council Members
From: John Valdivia, Mayor
By: Renee Brizuela, Executive Assistant to the Mayor
Subject: Parks, Recreation and Community Services Commission
Appointment
Recommendation
Approve the appointment of Mr. Richard P. Avila to the Parks, Recreation and
Community Services Commission.
Background
The Parks, Recreation and Community Services Commission was established by
Resolution No. 2018-47 on February 21, 2018 and is charged with advising the Mayor,
City Council and City Staff on matters pertaining to pertaining to parks, recreation, youth
and senior affairs in the City. Appointees to the commission must have relative
experience or knowledge in the area of parks, recreation services, youth and senior
services or other areas which relate to the mission and purpose of the Commission.
The commission is comprised of nine (9) members who serve at pleasure of the Mayor
and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council
member shall nominate one member who shall serve during and for the term of the
nominating Council member, and the Mayor shall nominate two members who shall
serve during and for the term of the Mayor.
Mayor, City Council and City Manager Goals and Objectives
The proposed commission appointment aligns with Goal Number 5 Improving City
Government Operations by implementing the city charter and appointing commissioners
to the citizen advisory boards with clearly defined roles.
Conclusion
Approve the appointment of Mr. Richard P. Avila to the Parks and Recreation
Commission.
Fiscal Impact
None
Attachments
Attachment 1 – Commission Application – Mr. Richard P. Avila
4.a
Packet Pg. 17 Attachment: MCC.Parks, Recreation & Community Services Commission appointment - Richard P. Avila (5984 : Parks, Recreation, and
4.b
Packet Pg. 18 Attachment: MCC.Commission application - Richard P. Avila - Parks_Redacted (5984 : Parks, Recreation, and Community Services
4.b
Packet Pg. 19 Attachment: MCC.Commission application - Richard P. Avila - Parks_Redacted (5984 : Parks, Recreation, and Community Services
4.b
Packet Pg. 20 Attachment: MCC.Commission application - Richard P. Avila - Parks_Redacted (5984 : Parks, Recreation, and Community Services
Consent Calendar
City of San Bernardino
Request for Council Action
\
Date: March 6, 2019
To: Honorable Mayor and City Council Members
From: Gigi Hanna, City Clerk
Subject: Waive Full Reading of Resolutions and Ordinances
Recommendation:
Waive full reading of Resolutions and Ordinances on the agenda dated March 6, 2019.
5.a
Packet Pg. 21 Attachment: Waive Reading.Report_Mar 6 (5985 : Waive Full Reading of Resolutions and Ordinances)
6.a
Packet Pg. 22 Attachment: FN.Commercial Checks Payroll Report -Mar 06 2019 (5986 : City Council Approval of Commercial and Payroll Checks)
2018-2019 Goals and Objectives
Approval of the noted check registers for commercial and payroll checks align with Goal
No. 6: Operate in a Fiscally Responsible and Business-Like Manner. The Mayor and
City Council’s approval of the City’s weekly remittances to third parties promotes
transparency of City business with the public.
Fiscal Impact
Amounts noted in the check registers have no further fiscal impact. Amounts were paid
consistent with existing budget authorization and no further budgetary impact is
required.
Conclusion
It is recommended that the attached check registers be approved by the Mayor and City
Council.
Attachments
Attachment 1 Commercial checks for Register #40
Attachment 2 Commercial checks for Register #41
Attachment 3 Payroll checks for February 2019
Ward:
Synopsis of Previous Council Actions:
6.a
Packet Pg. 23 Attachment: FN.Commercial Checks Payroll Report -Mar 06 2019 (5986 : City Council Approval of Commercial and Payroll Checks)
6.bPacket Pg. 24Attachment: FN.Commercial Checks & Payroll. Register #40 (5986 : City Council Approval of Commercial and Payroll Checks)
6.bPacket Pg. 25Attachment: FN.Commercial Checks & Payroll. Register #40 (5986 : City Council Approval of Commercial and Payroll Checks)
6.bPacket Pg. 26Attachment: FN.Commercial Checks & Payroll. Register #40 (5986 : City Council Approval of Commercial and Payroll Checks)
6.bPacket Pg. 27Attachment: FN.Commercial Checks & Payroll. Register #40 (5986 : City Council Approval of Commercial and Payroll Checks)
6.bPacket Pg. 28Attachment: FN.Commercial Checks & Payroll. Register #40 (5986 : City Council Approval of Commercial and Payroll Checks)
6.bPacket Pg. 29Attachment: FN.Commercial Checks & Payroll. Register #40 (5986 : City Council Approval of Commercial and Payroll Checks)
6.bPacket Pg. 30Attachment: FN.Commercial Checks & Payroll. Register #40 (5986 : City Council Approval of Commercial and Payroll Checks)
6.bPacket Pg. 31Attachment: FN.Commercial Checks & Payroll. Register #40 (5986 : City Council Approval of Commercial and Payroll Checks)
6.bPacket Pg. 32Attachment: FN.Commercial Checks & Payroll. Register #40 (5986 : City Council Approval of Commercial and Payroll Checks)
6.bPacket Pg. 33Attachment: FN.Commercial Checks & Payroll. Register #40 (5986 : City Council Approval of Commercial and Payroll Checks)
6.bPacket Pg. 34Attachment: FN.Commercial Checks & Payroll. Register #40 (5986 : City Council Approval of Commercial and Payroll Checks)
6.bPacket Pg. 35Attachment: FN.Commercial Checks & Payroll. Register #40 (5986 : City Council Approval of Commercial and Payroll Checks)
6.bPacket Pg. 36Attachment: FN.Commercial Checks & Payroll. Register #40 (5986 : City Council Approval of Commercial and Payroll Checks)
6.bPacket Pg. 37Attachment: FN.Commercial Checks & Payroll. Register #40 (5986 : City Council Approval of Commercial and Payroll Checks)
6.bPacket Pg. 38Attachment: FN.Commercial Checks & Payroll. Register #40 (5986 : City Council Approval of Commercial and Payroll Checks)
6.bPacket Pg. 39Attachment: FN.Commercial Checks & Payroll. Register #40 (5986 : City Council Approval of Commercial and Payroll Checks)
6.bPacket Pg. 40Attachment: FN.Commercial Checks & Payroll. Register #40 (5986 : City Council Approval of Commercial and Payroll Checks)
6.bPacket Pg. 41Attachment: FN.Commercial Checks & Payroll. Register #40 (5986 : City Council Approval of Commercial and Payroll Checks)
6.bPacket Pg. 42Attachment: FN.Commercial Checks & Payroll. Register #40 (5986 : City Council Approval of Commercial and Payroll Checks)
6.bPacket Pg. 43Attachment: FN.Commercial Checks & Payroll. Register #40 (5986 : City Council Approval of Commercial and Payroll Checks)
6.bPacket Pg. 44Attachment: FN.Commercial Checks & Payroll. Register #40 (5986 : City Council Approval of Commercial and Payroll Checks)
6.bPacket Pg. 45Attachment: FN.Commercial Checks & Payroll. Register #40 (5986 : City Council Approval of Commercial and Payroll Checks)
6.bPacket Pg. 46Attachment: FN.Commercial Checks & Payroll. Register #40 (5986 : City Council Approval of Commercial and Payroll Checks)
6.bPacket Pg. 47Attachment: FN.Commercial Checks & Payroll. Register #40 (5986 : City Council Approval of Commercial and Payroll Checks)
6.bPacket Pg. 48Attachment: FN.Commercial Checks & Payroll. Register #40 (5986 : City Council Approval of Commercial and Payroll Checks)
6.bPacket Pg. 49Attachment: FN.Commercial Checks & Payroll. Register #40 (5986 : City Council Approval of Commercial and Payroll Checks)
6.bPacket Pg. 50Attachment: FN.Commercial Checks & Payroll. Register #40 (5986 : City Council Approval of Commercial and Payroll Checks)
6.bPacket Pg. 51Attachment: FN.Commercial Checks & Payroll. Register #40 (5986 : City Council Approval of Commercial and Payroll Checks)
6.bPacket Pg. 52Attachment: FN.Commercial Checks & Payroll. Register #40 (5986 : City Council Approval of Commercial and Payroll Checks)
6.bPacket Pg. 53Attachment: FN.Commercial Checks & Payroll. Register #40 (5986 : City Council Approval of Commercial and Payroll Checks)
6.bPacket Pg. 54Attachment: FN.Commercial Checks & Payroll. Register #40 (5986 : City Council Approval of Commercial and Payroll Checks)
6.bPacket Pg. 55Attachment: FN.Commercial Checks & Payroll. Register #40 (5986 : City Council Approval of Commercial and Payroll Checks)
6.cPacket Pg. 56Attachment: FN.Commercial Checks & Payroll. Register #41 (5986 : City Council Approval of Commercial and Payroll Checks)
6.cPacket Pg. 57Attachment: FN.Commercial Checks & Payroll. Register #41 (5986 : City Council Approval of Commercial and Payroll Checks)
6.cPacket Pg. 58Attachment: FN.Commercial Checks & Payroll. Register #41 (5986 : City Council Approval of Commercial and Payroll Checks)
6.cPacket Pg. 59Attachment: FN.Commercial Checks & Payroll. Register #41 (5986 : City Council Approval of Commercial and Payroll Checks)
6.cPacket Pg. 60Attachment: FN.Commercial Checks & Payroll. Register #41 (5986 : City Council Approval of Commercial and Payroll Checks)
6.cPacket Pg. 61Attachment: FN.Commercial Checks & Payroll. Register #41 (5986 : City Council Approval of Commercial and Payroll Checks)
6.cPacket Pg. 62Attachment: FN.Commercial Checks & Payroll. Register #41 (5986 : City Council Approval of Commercial and Payroll Checks)
6.cPacket Pg. 63Attachment: FN.Commercial Checks & Payroll. Register #41 (5986 : City Council Approval of Commercial and Payroll Checks)
6.cPacket Pg. 64Attachment: FN.Commercial Checks & Payroll. Register #41 (5986 : City Council Approval of Commercial and Payroll Checks)
6.cPacket Pg. 65Attachment: FN.Commercial Checks & Payroll. Register #41 (5986 : City Council Approval of Commercial and Payroll Checks)
6.cPacket Pg. 66Attachment: FN.Commercial Checks & Payroll. Register #41 (5986 : City Council Approval of Commercial and Payroll Checks)
6.cPacket Pg. 67Attachment: FN.Commercial Checks & Payroll. Register #41 (5986 : City Council Approval of Commercial and Payroll Checks)
6.cPacket Pg. 68Attachment: FN.Commercial Checks & Payroll. Register #41 (5986 : City Council Approval of Commercial and Payroll Checks)
6.cPacket Pg. 69Attachment: FN.Commercial Checks & Payroll. Register #41 (5986 : City Council Approval of Commercial and Payroll Checks)
6.cPacket Pg. 70Attachment: FN.Commercial Checks & Payroll. Register #41 (5986 : City Council Approval of Commercial and Payroll Checks)
6.cPacket Pg. 71Attachment: FN.Commercial Checks & Payroll. Register #41 (5986 : City Council Approval of Commercial and Payroll Checks)
6.cPacket Pg. 72Attachment: FN.Commercial Checks & Payroll. Register #41 (5986 : City Council Approval of Commercial and Payroll Checks)
6.cPacket Pg. 73Attachment: FN.Commercial Checks & Payroll. Register #41 (5986 : City Council Approval of Commercial and Payroll Checks)
6.cPacket Pg. 74Attachment: FN.Commercial Checks & Payroll. Register #41 (5986 : City Council Approval of Commercial and Payroll Checks)
6.cPacket Pg. 75Attachment: FN.Commercial Checks & Payroll. Register #41 (5986 : City Council Approval of Commercial and Payroll Checks)
6.cPacket Pg. 76Attachment: FN.Commercial Checks & Payroll. Register #41 (5986 : City Council Approval of Commercial and Payroll Checks)
6.cPacket Pg. 77Attachment: FN.Commercial Checks & Payroll. Register #41 (5986 : City Council Approval of Commercial and Payroll Checks)
6.cPacket Pg. 78Attachment: FN.Commercial Checks & Payroll. Register #41 (5986 : City Council Approval of Commercial and Payroll Checks)
6.cPacket Pg. 79Attachment: FN.Commercial Checks & Payroll. Register #41 (5986 : City Council Approval of Commercial and Payroll Checks)
6.cPacket Pg. 80Attachment: FN.Commercial Checks & Payroll. Register #41 (5986 : City Council Approval of Commercial and Payroll Checks)
6.cPacket Pg. 81Attachment: FN.Commercial Checks & Payroll. Register #41 (5986 : City Council Approval of Commercial and Payroll Checks)
6.cPacket Pg. 82Attachment: FN.Commercial Checks & Payroll. Register #41 (5986 : City Council Approval of Commercial and Payroll Checks)
6.cPacket Pg. 83Attachment: FN.Commercial Checks & Payroll. Register #41 (5986 : City Council Approval of Commercial and Payroll Checks)
6.cPacket Pg. 84Attachment: FN.Commercial Checks & Payroll. Register #41 (5986 : City Council Approval of Commercial and Payroll Checks)
6.cPacket Pg. 85Attachment: FN.Commercial Checks & Payroll. Register #41 (5986 : City Council Approval of Commercial and Payroll Checks)
6.cPacket Pg. 86Attachment: FN.Commercial Checks & Payroll. Register #41 (5986 : City Council Approval of Commercial and Payroll Checks)
6.d
Packet Pg. 87 Attachment: FN. Payroll Summary Report BW-3 (5986 : City Council Approval of Commercial and Payroll Checks)
6.e
Packet Pg. 88 Attachment: FN. Payroll Summary Report 2M (5986 : City Council Approval of Commercial and Payroll Checks)
7.a
Packet Pg. 89 Attachment: CM.Update-Neighborhood Resource Center.REPORT (5987 : Neighborhood Resource Center, Matching Grants Fund Program, and
Conclusion
Receive and file an update to receive the Neighborhood Resource Center, Matching
Grants Fund Program and Leadership Program proposal at the April 3, 2019, City
Council meeting.
Attachment
None.
Ward: All
On January 28, 2019, the Mayor and City Council directed the City Manager to return with a
proposal for Neighborhood Resource Center and Leadership Program.
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Packet Pg. 90 Attachment: CM.Update-Neighborhood Resource Center.REPORT (5987 : Neighborhood Resource Center, Matching Grants Fund Program, and
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Packet Pg. 91 Attachment: PW.Aramexx.Contarct Award Hospitality Ln Raised Median - Report (5988 : Award of Construction Contract for Hospitality Lane
Discussion
The purpose of this project is to remove the existing delineators and construct a two (2)
feet wide raised median island. The existing roadway width will not allow for a wider
median island without acquiring right-of-way along Hospitality Lane within the project
limits. The most aesthetic and pleasant treatment, in lieu of the existing delineators, and
commonly used is a raised hardscaped median island. The 2 feet wide raised median
island will be adjacent to the existing sbX bus lanes and will be hardscaped with only
grouted river rock. No other installation (such as landscape and or fence) will be allowed
in the two feet median due to the unavailable clearance distance (Minimum of 18” each
side) from the face of the curb and for the safety concern for the bus lane traffic.
On May 14, 2018 an agreement was signed with KOA Corporation to design the
planned raised median island along Hospitality Lane and prepare the construction
documents.
CIP Project TC17-006 plans and specification No.13240 were advertised for public
bidding on January 7, 2019, and January 14, 2019, in the San Bernardino County Sun
Newspaper, F. W. Dodge, Construction Bid Board, High Desert Plan Room, San Diego
Daily Transcript, Sub-Hub Online Plan Room, Reed Construction Data, Bid America
Online, Construction Bid Source, Bid Ocean, the City’s websites, and the San
Bernardino Area Chamber of Commerce.
Sealed bids were received and opened on February 7, 2019; the City received seven
(7) bids as follows:
BIDDER TOTAL
ARAMEXX Group, Inc. $424,450.00
KASA Construction $443,150.00
CT&T Concrete Paving $449,280.00
YAKAR Inc. $494,200.00
Hillcrest Contracting $499,400.00
S & H Civilworks $578,550.00
CPO Enterprises, Inc. $690,960.00
The lowest apparent bidder is Aramexx Group, Inc. of Claremont, California, with a bid
of $424,450 The City has reviewed all seven bid packages and confirmed that Aramexx
Group, Inc. is the lowest responsible and responsive bidder. If awarded by the City
Council, construction is anticipated to begin in early May 2019 and be completed by
early September 2019.
2018-2019 Goals and Objectives
This project is consistent with Goal No 4. Ensure Development of a Well-Planned
Balanced and Sustainable City. This project will contribute to ensure that the City is
clean and attractive and provide infrastructure designed for long term economic growth.
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Packet Pg. 92 Attachment: PW.Aramexx.Contarct Award Hospitality Ln Raised Median - Report (5988 : Award of Construction Contract for Hospitality Lane
Fiscal Impact
The estimated project costs are summarized in the table below.
Estimated Project Cost
Base Bid Amount $ 424,450
Construction Contingency $ 42,445
Engineering and Inspections $ 33,105
Total Contract Work $ 500,000
The lowest responsive bid, with project contingency and engineering inspections, reflect
a total project cost of $466,895. There is sufficient funding in the FY 2018/19 adopted
budget, $500,000 in account number 264-160-8601-5011. That is sufficient to award the
project.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, Adopt
Resolution No. 2019-31, approving the award of a Construction Contract with Aramexx
Group, Inc. in the amount of $424,450 for raised median island along Hospitality Lane;
authorize the City Manager to execute the construction contingency in the amount of
$42,445; and authorize the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
Attachments
Attachment 1 Resolution Awarding Construction Contract for Hospitality Lane
Raised Median Island
Attachment 2 Bid Tabulation for Hospitality Lane Raised Median Island
Attachment 3 Lowest Bid Form for Hospitality Lane Raised Median Island
Attachment 4 Agreement
Attachment 5 Location Map
Ward: 3
Synopsis of Previous Council Actions:
06-20-2018 Resolution No. 2018- 189 adopted the City’s final budget document for Fiscal Year 2018/2019.
3/1/2019 8:02 AM
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Packet Pg. 93 Attachment: PW.Aramexx.Contarct Award Hospitality Ln Raised Median - Report (5988 : Award of Construction Contract for Hospitality Lane
Resolution No. 2019-31
RESOLUTION NO. 2019-31 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE AWARD OF A CONSTRUCTION
CONTRACT WITH ARAMEXX GROUP INC. IN THE
AMOUNT OF $424,450 FOR HOSPITALITY LANE RAISED
MEDIAN; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE CONSTRUCTION CONTINGENCY IN
THE AMOUNT OF $42,445; AND AUTHORIZING THE
CITY MANAGER OR DESIGNEE TO EXPEND THE
CONTINGENCY FUND, IF NECESSARY, TO COMPLETE
THE PROJECT
WHEREAS, ARAMEXX GROUP, INC. 532 West First Street, Claremont California
91711 is the lowest responsive responsible bidder for Hospitality Lane Raised Median
construction, between “E” Street and Waterman Avenue (TC17-006) per Special Provisions No.
13240.
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 City Manager or his designee is hereby authorized and directed to
award a construction contract to ARAMEXX GROUP, INC. in the amount of $424,450.
SECTION 3. The City Manager or designee is hereby authorized and directed to
execute said contingency not to exceed $42,445 on behalf of the City.
SECTION 4. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 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.
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Packet Pg. 94 Attachment: PW.Aramexx.Contract Award Hospitality Ln Raised Median - Resolution -Attachment 1 (5988 : Award of Construction Contract for
Resolution No. 2019-31
APPROVED and ADOPTED by the Mayor and City Council and signed by the Mayor
and attested by the City Clerk this 6th day of March , 2019.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, CMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
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Packet Pg. 95 Attachment: PW.Aramexx.Contract Award Hospitality Ln Raised Median - Resolution -Attachment 1 (5988 : Award of Construction Contract for
Resolution No. 2019-31
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2019-____, adopted at a regular meeting held at the 6th day of March, 2019 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
VACANT _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2019.
______________________________
Georgeann Hanna, CMC, City Clerk
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Packet Pg. 96 Attachment: PW.Aramexx.Contract Award Hospitality Ln Raised Median - Resolution -Attachment 1 (5988 : Award of Construction Contract for
8.cPacket Pg. 97Attachment: PW.Aramexx.Contract Award Hospitality Ln Raised Median - Bid Tabulation Attachment 2 (5988 : Award of Construction Contract
BID TABULATIONFORCONSTRUCTION OF HOSPITALITY LANE RAISED MEDIAN ISLAND, BETWEEN "E" STREET AND WATERMAN AVENUESPECIAL PROVISIONS NO. 13240ITEM NO.BID ITEM DESCRIPTIONESTIMATED QUANTITYUNITUNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1MOBILIZATION1 EA 41000.00 41000.00 45000.00 45000.00 15000.00 15000.00 28000.00 28000.00 69000.00 69000.00 5000.00 5000.00 55000.00 55000.002CLEARING & GRUBBING UNCLASSIFIED EXCAVATION & UNCLASSIFIED FILL1 EA 80000.00 80000.00 75000.00 75000.00 10000.00 10000.00 22800.00 22800.00 127000.00 127000.00 8000.00 8000.00 92000.00 92000.003WATER POLLUTION CONTROL BEST MANAGEMENT PRACTICES1 EA 5000.00 5000.00 2000.00 2000.00 2800.00 2800.00 3000.00 3000.00 6000.00 6000.00 5000.00 5000.00 7500.00 7500.004TEMPORARY TRAFFIC CONTROL1 EA 38000.00 38000.00 53000.00 53000.00 17000.00 17000.00 35000.00 35000.00 35400.00 35400.00 10000.00 10000.00 162000.00 162000.005CONSTRUCT 8” TYPE A CURB OVER 12” MIN. 95% COMPACTED NATIVE PER SAN BERNARDINO STANDARD PLAN 2000 EA 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.006CONSTRUCT 8" A.C. PAVEMENT0 EA 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.007CONSTRUCT 14" CLASS II CEMENT TREATED AGGREGATE BASE0 EA 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.008ADJUST MANHOLE TO GRADE3 EA 1900.00 5700.00 500.00 1500.00 1200.00 3600.00 2750.00 8250.00 1580.00 4740.00 500.00 1500.00 535.00 1605.009CONSTRUCT GROUTED RIVER ROCK MEDIAN PER CITY OF SAN BERNARDINO STANDARD PLAN 2064,000 lf 11.00 44000.00 14.00 56000.00 9.00 36000.00 20.00 80000.00 14.40 57600.00 20.00 80000.00 13.75 55000.0010CONSTRUCT 2’ MEDIAN BREAK PER DETAIL “A” ON SHEET 235 EA 50.00 1750.00 30.00 1050.00 80.00 2800.00 50.00 1750.00 60.00 2100.00 30.00 1050.00 60.00 2100.0011REPLACE LOOP DETECTOR1 EA 8000.00 8000.00 7000.00 7000.00 5550.00 5550.00 15000.00 15000.00 6600.00 6600.00 8000.00 8000.00 6600.00 6600.0012SIGNING AND STRIPING1 EA 45000.00 45000.00 60000.00 60000.00 65450.00 65450.00 75000.00 75000.00 59000.00 59000.00 70000.00 70000.00 56825.00 56825.0013CONSTRUCT 8” MODIFIED TYPE A CURB OVER 2” CAB PER DETAIL “B” ON SHEET 27,400 EA 20.00 148000.00 19.00 140600.00 36.20 267880.00 26.00 192400.00 13.40 99160.00 50.00 370000.00 32.45 240130.0014CONSTRUCT CRASHED AGREGATE BASE (MIN. 2” UNDER MEDIAN CURB, MIN 4.5” UNDER MEDIAN BREAK)200 EA 40.00 8000.00 10.00 2000.00 116.00 23200.00 165.00 33000.00 164.00 32800.00 100.00 20000.00 61.00 12200.00 TOTAL BID SCHEDULETotals5TH LOW Hillcrest Contracting BID OPENING: 2:00 P.M., FEBRUARY 7, 2019 FILE NO. 1.8601 ACCT. NO. 264-160-5011-86017TH LOW CPO Enterprises $690,960.00BID SCHEDULE Construction of Hospitality Lane Raised Median Special Provisions NO. 13240 APPARENT LOW BIDDER ARAMEXX Construction 2ND LOW Kasa Construction 3RD LOW CT&T Concrete Paving 4TH LOW Yakar 6TH LOW S&H Civilworks $424,450.00 $443,150.00 $449,280.00 $494,200.00 $499,400.00 $578,550.00
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Packet Pg. 126 Attachment: PW.Aramexx.Contract Award Hospitality Ln Raised Median - Bid Documents - Attachment 3 (5988 : Award of Construction
A G R E EM E N T
CITY OF SAN BERNARDINO
THIS AGREEMENT is made and concluded this _____ day of _______________, 2019,
between the City of San Bernardino (owner and hereinafter "CITY"), and Aramexx Group, Inc.
(hereinafter "CONTRACTOR").
1. For and in consideration of the payments and agreements hereinafter mentioned, to be
made and performed by the CITY, and under the conditions expressed in the bond as deposited
with the CITY, receipt of which is hereby acknowledged, the CONTRACTOR agrees with the
CITY, at the CONTRACTOR's own proper cost and expense in the Special Provisions to be
furnished by the CITY, to furnish all materials, tools and equipment and perform all the work
necessary to complete in good workmanlike and substantial manner the
CONSTRUCTION OF A RAISED MEDIAN ISLAND ALONG HOSPITALITY LANE,
BETWEEN “E” STREET AND WATERMAN AVENUE
Project No. 13240
in strict conformity with Plans and Special Provisions No. 13240, and also in accordance with
Standard Specifications for Public Works/Construction, latest edition in effect on the first day of
the advertised “Notice Inviting Sealed Bids” for this project, on file in the Office of the City
Engineer, Public Works Department, City of San Bernardino, which said Plans and Special
Provisions and Standard Specifications are hereby especially referred to and by such reference
made a part hereof.
2. The CONTRACTOR agrees to receive and accept the prices as set forth in the Bid
Schedule as full compensation for furnishing all materials and doing all the work contemplated
and embraced in this agreement; also for all loss or damage arising out of the nature of the work
aforesaid or from any unforeseen difficulties or obstructions which may arise or be encountered
in the prosecution of the work and for all risks of every description connected with the work;
also for all expenses incurred by or in consequence of the suspension or discontinuance of work,
and for well and faithfully completing the work and the whole thereof, in the manner and
according to the Plans and Special Provisions, and requirements of the Engineer under them.
The CONTRACTOR herein covenants by and for himself or herself, his or her heirs, executors,
administrators, and assigns, and all persons claiming under or through them, that there shall be
no discrimination against or segregation of, any person or group of persons on the basis of race,
color, national origin, religion, sex, marital status, or ancestry in the performance of this contract,
nor shall the CONTRACTOR or any person claiming under or through him or her, establish or
permit any such practice or practices of discrimination or segregation with reference to the
selection of subcontractors, vendees, or employees in the performance of this contract. Failure by
the CONTRACTOR to carry out these requirements is a material breach of this contract, which
may result in the termination of this contract or such other remedy, as recipient deems
appropriate.
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Packet Pg. 127 Attachment: PW.Aramexx.Contract Award Hospitality Ln Raised Median - Agreement - Attachment 4 (5988 : Award of Construction Contract for
CONSTRUCTION OF A RAISED MEDIAN ISLAND ALONG HOSPITALITY LANE,
BETWEEN “E” STREET AND WATERMAN AVENUE
Project No. 13240
3. CITY hereby promises and agrees with the said CONTRACTOR to employ, and does
hereby employ the said CONTRACTOR to provide the materials and to do the work according
to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby
contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and
the same parties for themselves, their heirs, executors, administrators, and assigns, do hereby
agree to the full performance of the covenants herein contained.
4. It is further expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument and the bid of said CONTRACTOR, then this
instrument shall control and nothing herein shall be considered as an acceptance of said terms of
said bid conflicting herewith.
IN WITNESS WHEREOF, the parties of these presents have executed this contract in
four (4) counterparts, each of which shall be deemed an original in the year and day first
above mentioned.
CONTRACTOR CITY OF SAN BERNARDINO
NAME OF FIRM:
Aramexx Group, Inc. BY: ____________________________
ANDREA M. MILLER
City Manager
BY: ______________________________
TITLE: ATTEST:
MAILING ADDRESS:
____________________________
GEORGEANN HANNA
___________________________________ City Clerk
___________________________________
PHONE NO.: ( )_____________________ APPROVED AS TO FORM:
ATTEST: _______________________________
GARY D. SAENZ, City Attorney
___________________________________
Secretary
NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest.
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Packet Pg. 128 Attachment: PW.Aramexx.Contract Award Hospitality Ln Raised Median - Agreement - Attachment 4 (5988 : Award of Construction Contract for
Hospitality Lane Project Location Map 8.f
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9.a
Packet Pg. 130 Attachment: PW.On-Call Architectural Services.Report (5989 : Agreements to Provide As-Needed, on Call Architectural Services)
Discussion
On November 29, 2018, Public Works requested proposals to provide On-Call
Architectural Services for Capital Improvement Programs Construction and
Modernization Projects. On January 3, 2019, proposals were received from eight firms.
Public Works staff reviewed and evaluated the proposals, and based on their
qualifications and experience, selected the following consulting firms:
• Infrastructure Engineers
• Miller Architectural Corporation
• Black O’Dowd and Associates, Inc.
These three firms have been chosen to give the City a greater degree of flexibility when
services are needed. An agreement for services has been prepared for each of these
three firms and the City has made no guarantee to any of these consultants regarding
the amount and/or the dollar value of the work they may be assigned. The work will be
dispersed among the three firms in a manner that best meets the needs of the City.
Firm Location Fee
Infrastructure Engineers San Bernardino $500,000
Miller Architectural Corporation Redlands $500,000
Black O’Dowd and Associates, Inc. Long Beach $500,000
In order to control costs, the firms will be required to submit a fee proposal when
requested to design a CIP project. The fee will be charged against the account number
for the specific CIP project. There is no guarantee of a minimum amount of work to any
of the consultants.
2018-19 Goals and Objectives
This project is consistent with Goal No 4.: Ensure Development of a Well-Planned
Balanced and Sustainable City and will assist to contribute to well-maintained public
buildings for sustained economic growth.
Fiscal Impact
Infrastructure Engineers, Miller Architectural Corporation and Black O’Dowd and
Associates services will be paid through various CIP projects. Sufficient funds are
available in the current budget to absorb the contract amount.
Conclusion
It is recommended the Mayor and City Council adopt Resolution No. 2019-32 approving
Agreements with Infrastructure Engineers, Miller Architectural Corporation and Black
O’Dowd and Associates to provide Public Works As Needed, On-Call, Architectural
Services for Various Capital Improvement Program Construction and Modernization
Projects.
3/1/2019 8:05 AM
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Packet Pg. 131 Attachment: PW.On-Call Architectural Services.Report (5989 : Agreements to Provide As-Needed, on Call Architectural Services)
Attachments
Attachment 1 Resolution
Attachment 2 Exhibit A; Agreement with Infrastructure Engineers
Attachment 3 Exhibit B; Agreement with Miller Architectural Corporation
Attachment 4 Exhibit C; Agreement with Black O’Dowd and Associates
Ward: All
Synopsis of Previous Council Actions:
June 20, 2018 Adopted Resolution No. 2018-189 approving Capital
Improvement Program FY 2018/19.
3/1/2019 8:05 AM
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Packet Pg. 132 Attachment: PW.On-Call Architectural Services.Report (5989 : Agreements to Provide As-Needed, on Call Architectural Services)
Resolution No. 2019-32
RESOLUTION NO. 2019-32 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING AN AGREEMENT WITH
INFRASTRUCTURE ENGINEERS, MILLER
ARCHITECTURAL COORPORATION AND BLACK
O’DOWD AND ASSOCIATES, INC. TO PROVIDE AS-
NEEDED, ON CALL ARCHITECTURAL SERVICES FOR
VARIOUS CAPITAL IMPROVEMENT PROGRAM (CIP)
CONSTRUCTION AND MODERNIZATION PROJECTS
WHEREAS, Infrastructure Engineers, Miller Architectural Engineers and Black
O’Dowd and Associates Inc., from San Bernardino, Redlands, Long Beach, California
respectively are the competent experienced consulting architectural firms and has provided the
most advantageous and best proposal to provide as-needed on call Architectural Services for
various Capital Improvement Program (CIP) construction and modernization projects; and
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 City Manager or his designee is hereby authorized and directed to
award an on call Architectural Services contract to Infrastructure Engineers, Miller Architectural
Engineers and Black O’Dowd and Associates Inc., from San Bernardino, Redlands, Long Beach,
California respectively in the amount of $500,000 each.
SECTION 3. In order to control costs, the firms will be required to submit a fee proposal
when requested to design a CIP project. The fee will be charged against the account number for
the specific CIP project. There is no guarantee of a minimum amount of work to any of the
consultants.
SECTION 4. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 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.
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Resolution No. 2019-32
APPROVED and ADOPTED by the Mayor and City Council and signed by the Mayor
and attested by the City Clerk this 03 day of March , 2019.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, CMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
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Resolution No. 2019-32
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _________, adopted at a regular meeting held at the ___ day of _______, 2018
by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
VACANT _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2019.
______________________________
Georgeann Hanna, MMC, City Clerk
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND INFRASTRUCTURE ENGINEERS
This Agreement is made and entered into as of February, 12, 2019 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 Infrastructure Engineers, a California -
Corporation with its principal place of business at 473 E. Carnegie Drive, Suite 242, San
Bernardino, CA 92408 (hereinafter referred to as “Consultant”). City and Consultant are
hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
As-Needed, On Call Architectural Services for Various Capital Improvement Program (CIP)
Construction and Modernization Projects (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.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Incorporation of Recitals. The recitals above are true and correct and are hereby
incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in the
Scope of Services attached hereto as Exhibit “A.”
3. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel identified in their proposal.
Consultant warrants that Consultant is familiar with all laws that may affect its performance of
this Agreement and shall advise City of any changes in any laws that may affect Consultant’s
performance of this Agreement. Consultant further represents that no City employee will
provide any services under this Agreement.
4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit “A.”
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b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of $500,000.00, Five Hundred Thousand. 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 the completion of services as set forth in Exhibit “A,” unless the Agreement is
previously terminated as provided for herein (“Term”).
7. Maintenance of Records; Audits.
a. Records of Consultant’s services 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 but are
not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing Party shall, within a
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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.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or
removal of hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance with
generally accepted professional practices and principles and in a manner consistent with the level
of care and skill ordinarily exercised by members of the profession currently practicing under
similar conditions.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all
times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment
from or employment with any person or entity which will constitute a conflict of interest with the
City.
13. City Business Certificate. Consultant shall, prior to execution of this Agreement,
obtain and maintain during the term of this Agreement a valid business registration certificate
from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses,
permits, qualifications, insurance, and approvals of whatever nature that are legally required of
Consultant to practice his/her profession, skill, or business.
14. Assignment and Sub-consultant. Consultant shall not assign, sublet, or transfer
this Agreement or any rights under or interest in this Agreement without the written consent of
the City, which may be withheld for any reason. Any attempt to so assign or so transfer without
such consent shall be void and without legal effect and shall constitute grounds for termination.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement. Nothing contained herein shall prevent Consultant from employing independent
associates and sub-consultants as Consultant may deem appropriate to assist in the performance
of services hereunder.
15. Independent Consultant. Consultant is retained as an independent contractor and
is not an employee of City. No employee or agent of Consultant shall become an 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.
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
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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 sub-consultants’ policies
of commercial general liability and automobile liability insurance using the endorsements and
forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
Insurance Services Office Commercial General Liability coverage
(Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(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
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provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials,
officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers’ compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
“Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts
indicated herein. Consultant shall require all sub-consultants 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.
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f. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 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)
(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.
g. 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.
h. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of the premium. If any of the required coverage is cancelled or
expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s)
including the General Liability Additional Insured Endorsement to the City at least ten (10)
days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant’s policy is primary insurance and that any
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insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if
the policy is replaced by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the
City, its officials, officers, employees, agents, and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each
of its sub-consultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability
in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
i. 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:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
j. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including, but not limited to, the
provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City
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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.
k. Sub-consultant Insurance Requirements. Consultant shall not allow any
subcontractors or sub-consultants 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 sub-consultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or sub-consultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, 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 consequential damages, expert witness fees and attorneys’
fees and other related costs and expenses. Notwithstanding the foregoing, to the extent
Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be
limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
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.
b. Additional Indemnity Obligations. Consultant shall defend, with counsel
of City’s choosing and at Consultant’s own cost, expense and risk, any and all Claims covered by
this section that may be brought or instituted against the City, its elected and appointed officials,
employees, agents, or authorized volunteers. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against the City, its elected and appointed officials,
employees, agents, or authorized volunteers as part of any such claim, suit, action or other
proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City,
its elected and appointed officials, employees, agents, or authorized volunteers as part of any
such claim, suit, action or other proceeding. Such reimbursement shall include payment for the
City’s attorney's fees and costs, including expert witness fees. Consultant shall reimburse the
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City, its elected and appointed officials, employees, agents, or authorized volunteers, for any and
all legal expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its elected and appointed officials, employees,
agents, or authorized volunteers.
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 sub-consultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages, employment of apprentices, hours of labor and
debarment of contractors and subcontractors.
If the Services are being performed as part of an applicable “public works” or
“maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant
and all sub-consultants performing such Services must be registered with the Department of
Industrial Relations. Consultant shall maintain registration for the duration of the Project and
require the same of any sub-consultants, as applicable. This Project may also be subject to
compliance monitoring and enforcement by the Department of Industrial Relations. It shall be
Consultant’s sole responsibility to comply with all applicable registration and labor compliance
requirements.
19. Verification of Employment Eligibility. By executing this Agreement, Consultant
verifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens, including, but not limited to, the
Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall
require all sub-consultants and sub-consultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the
laws of the State of California. If any action is brought to interpret or enforce any term of this
Agreement, the action shall be brought in a state or federal court situated in the County of San
Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion of
the work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
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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 professional services occurs, Consultant shall, at no cost to City, provide all other
services necessary to rectify and correct the matter to the sole satisfaction of the City and to
participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of
City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or Abandonment,”
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in
this Agreement, be furnished to and become the property of the City.
27. Organization. Consultant shall assign Kathleen M. Oswalt 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,
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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: Alex Qishta
Deputy Public Works Director / City Engineer
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
Infrastructure Engineers
473 E. Carnegie Drive
Suite 242
San Bernardino, CA 92408
Steve Forster
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 is
not incorporated herein, and that any other agreements shall be void. This is an integrated
Agreement.
33. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination
shall not affect the validity or enforceability of the remaining terms and provisions hereof or of
the offending provision in any other circumstance, and the remaining provisions of this
Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall inure to
the benefit of the successors in interest, executors, administrators and assigns of each Party to
this Agreement. However, Consultant shall not assign or transfer by operation of law or
otherwise any or all of its rights, burdens, duties or obligations without the prior written consent
of City. Any attempted assignment without such consent shall be invalid and void.
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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.
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.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND MILLER ARCHITECTURAL CORPORATION
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN BERNARDINO
Approved By:
Andrea M. Miller
City Manager
Approved as to Form:
****Approved Form****
Gary D. Saenz
City Attorney
Attested By:
Georgeann Hanna, CMC
City Clerk
CONSULTANT
Signature
Name
Title
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EXHIBIT A
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As Needed, On Call, Architectural Services for Various Capital Improvement Program (CIP)
Construction and Modernization Projects
Page | 1
A. Introduction
This contract will consist of the Infrastructure Engineers architectural and civil engineering team being
available to perform design improvements and upgrades to various City‐owned buildings and facility sites
as well as designing new facilities. We understand the nature of as‐needed, on‐call contracts since we have
similar contracts with several cities. We will be available to the City of San Bernardino when you need us,
and we stand down when our services are not needed.
Services we will provide include development of conceptual plans, design schemes, project budget and
estimates, construction drawings and plan submission for the permit process and technical specifications to
allow for bidding such projects or for work to be performed by City staff.
Understanding of the Scope of Work and How This Would be
Accomplished
Our staff brings more than 25 years of architectural design and civil engineering expertise. We have
specialized design experience executing renovation projects that include office components for our clients,
such as the Jet Propulsion Laboratory and cities such as Bell Gardens and Lynwood. Our focus is on
incorporating established client standards with the latest design strategies to create spaces that are
effective, with pleasing aesthetics and functionalities. We understand the distinct challenges that arise from
dealing with existing conditions in any renovation project and we will seamlessly adapt new construction
into the existing design to create a cohesive final product.
Firm Contact Information
Infrastructure Engineers has three offices to serve the greater Southern California area:
Brea (Headquarters):
3060 Saturn Street
Suite 250
Brea, CA 92821
Ph: 714‐940‐0100
San Bernardino:
473 E. Carnegie Drive
Suite 242
San Bernardino, CA 92408
Ph: 909‐340‐9494
San Gabriel Valley:
13200 Crossroads Parkway
Suite 400
Industry, CA 91746
Ph: 626‐544‐0400
Infrastructure Engineers’ contact for more information:
Steve Forster
Senior Vice President
Ph: 714‐940‐0100, ext. 5120
3060 Saturn Street
Suite 250
Brea, CA 92821
Proposed Subconsultants
The table on the following page shows the required services noted in the City’s RFP and the designation of
which firms will provide those services.
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Construction and Modernization Projects
Page | 2
Firm Services
Infrastructure Engineers
Architectural
Civil Engineering
Structural Engineering
Emergency Protection*
Engineering
Space Planning and Interior
Design
Environmental Services
Construction Cost Engineering
Green Building
Goss Engineering
Mechanical, Plumbing and Fire Protection Engineering
Electrical Engineering and Emergency Power Systems
Energy Calculations
PA Associates Soil Testing, Geotechnical
Troller Mayer Associates, Inc. Landscaping Architect (Xeriscape)
Environmental Detectives, Inc. Carcinogen Testing and Abatement
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Page | 3
B. Scope of Work
At Infrastructure Engineers, we understand that successful implementation of projects can only be achieved
through carefully devised strategies that address the specific needs of a program, project or even
components of a project.
We believe that the fundamental framework for successful delivery of program and project management
remains the same; nonetheless, the approach to different projects needs to be dynamic and innovative
enough to address the unique characteristic of each project. As such, we do not believe in prescribing
generic solutions and products. Our approach to managing projects begins with gaining a thorough
understanding of the City’s needs, not by making assumptions but through careful study and evaluation of
pertinent documents and, more importantly, by carefully listening to the ideas and needs of all
stakeholders. Only then do our team members start to devise tailor‐made strategies and procedures.
As projects task orders are issued, we will begin the design process by following the steps provided in the
following section.
Architectural and Associated Engineering Services
The process provided here is an example that was taken from a public works building renovation and
associated equipment yard.
A. Kick-off Meeting
Once team assignments have been made, a kick‐off meeting will be held to identify key components to be
included in the design. As a part of this process, the project will be reviewed to ensure that all project
elements meet the requirements of the funding source. In addition, all current design standards impacting
the project, including federal Americans with Disabilities Act (ADA) requirements, will be identified to be
included in the project.
Infrastructure Engineers’ team members will also be encouraged to think outside the box to identify the
challenges of the project and develop and implement innovative design strategies to create cost
efficiencies. All of Infrastructure Engineers’ projects are designed to ensure that the impacts to the
community are minimized.
B. Existing Records Review
All available records, including existing improvement plans, as‐built drawings, utility plans, reports
(geotechnical, pavement investigation, EIR, and hydrology), studies, and other pertinent information within
the project’s limit will be obtained from the City’s Records Department and other available sources. The
Infrastructure Engineers design team will review these records and incorporate them, as appropriate, to
prepare its preliminary findings and tentative recommendations. To obtain immediate response from the
utility companies, Infrastructure Engineers pays directly for the services as soon as the scope of the work is
approved by the City.
C. Environmental (if required)
The Infrastructure Engineers will review and assess the proposed project by use of the California
Environmental Quality Act (CEQA), National Environmental Protection Act (NEPA), and City environmental
guidelines to identify any specific items of environmental concern. Infrastructure Engineers will discuss the
environmental assessment with City project staff and City personnel responsible for environmental matters
and policies. Based on the City’s review and determination, the appropriate document will be drafted and
submitted at the 30%‐level of submittal. Should the City‐required document be at the level of an
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Page | 4
Environmental Impact Report, Infrastructure Engineers will prepare the necessary document for circulation
and will have it certified and adopted by the City.
D. Engineering Surveying (if required)
When appropriate, in preparation for engineering design, surveying will facilitate preparation of design
documents. The general approach of survey work would follow the steps outlined below.
Surveying and planimetrics of site features, such as curb and gutter, sidewalks, drive approaches, curb
ramps, surface utilities (boxes, vaults, manholes, post, poles, fire hydrant, catch basin, valves), traffic
striping, signage, traffic loops, trees, landscaping, street‐scaping, surveying monuments, etc.
Cross‐sections at 50‐foot plus/minus intervals and additional asphalt grid shots, as required.
Prepare a topographic survey of existing features including right‐of‐way lines, 1‐foot contours, and all
data collected during the field survey.
Locate, survey, record, and re‐establish all surveying monuments.
To expedite the project, engineering surveying will begin as soon as possible and in conjunction with
utility notification, geotechnical exploration, and any needed right‐of‐way acquisition. Depending on
the size and type of projects, Infrastructure Engineers can also use aerial mapping as a part of the land
surveying.
E. Utility Research, Notification, and Coordination (if required)
All utilities will be delineated on the plans within the sphere of the project. Infrastructure Engineers staff
will initiate the three‐step notification process early in the design process and will identify early on any
conflicts to meeting the City’s intended schedule. Infrastructure Engineers is aware of typical concerns
about any and all possible conflicts impacting project schedules. Infrastructure Engineers will dedicate itself
to making sure there will be no such delays.
First Notice ‐ Utility Information Request. Ask utility companies for location, size, etc., of their facilities
within the project limits. This notice is forwarded concurrently with commencement of design.
Second Notice ‐ Prepare to Relocate Notice/Final Utility Notice Form. In the event utilities exist within a
proposed project site, Infrastructure Engineers will transmit notice and preliminary plans to the affected
utility agencies to confirm that their facilities have been shown correctly on the plan. If relocations or
adjustments are needed, we will determine the magnitude of the relocation, schedules, and further
coordination requirements.
Third Notice ‐ Notice to Relocate. Prior to project bidding, the project manager will consult with the City
about prior rights of any utility company’s structure, should there be a need for its relocation. If the City has
to pay for relocation or modification of equipment, the item would be communicated to the utility
company and a detailed relocation or modification plan will be included in the bid schedule. However, if the
utility company will pay for relocation, Infrastructure Engineers will transmit the notice and approved
project plans to the affected utility agencies, requesting immediate relocation.
Infrastructure Engineers will provide the utility company name, construction field representative name, and
phone number for inclusion on the plans and in the specifications.
In order to expedite the project, the utility notification will begin as soon as possible, concurrently with
surveying and right‐of‐way acquisition.
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Construction and Modernization Projects
Page | 5
F. Field Review/Investigation
Our approach to a professional design starts with a full understanding of field conditions. We bring the
entire team involved in the project to the site for a field visit and perform a comprehensive field
investigation to document and verify existing conditions. This effort will also entail review of drainage
characteristics, surface utility features, and other visual constraints within the project area. At the
conclusion of this task a comprehensive concept plan report will be compiled, including documented
findings and photographs. The intent of this report is to obtain the City’s concurrence with proposed
improvements before proceeding with the design. Any needed geotechnical investigation will begin during
this phase. Our geotechnical engineering subconsultant, PA & Associates, will work with Infrastructure
Engineers and City staff to conduct any needed geotechnical investigation and site exploration. PA &
Associates will test for soil and asphalt conditions and provide preliminary results within one business day
after drilling and the final report within two weeks after drilling.
G. Conceptual/Schematic Design Phase
Infrastructure Engineers will meet with City staff to receive their input. Based on the input received, we will
develop a schematic design. The schematic design documents will incorporate the information gathered
through exiting information and site measurements and will represent the scale and relationship of the
project components. These documents will be used to determine areas, area relationships, volume, or
other units necessary to calculate the project requirements. At a minimum, this will include the following:
1. Infrastructure Engineers will prepare, for approval by City of San Bernardino, schematic floor plans, and
other documents that generally illustrate the scale and relationship of project components, indicate
plan arrangements, the general scope and character of the project for the new design.
2. In addition, this document will include the following based on the type and scope of project:
Space plan including area calculations
ADA analysis
Architectural drawings (site plans, floor plans, sections, elevations)
Proposed material boards (martial samples, color strike offs, renderings, perspectives)
Preliminary landscaping and parking plans
3D renderings, if required
Estimated project construction cost
H. Design Development Phase
Upon approval of the schematic design by the City, Infrastructure Engineers will update schematic design
documents, including estimated project construction costs, and prepare design development documents
consisting of drawing and other necessary documents that describe the size and character of the interior
design, the appropriate engineering for the project and all other systems and components that are
appropriate for the building. Detailed architectural drawings, including floor plans, roof plans, elevations,
sections, and schedules (windows, finish, etc.) will be provided at 65% and 90% completion phases.
Infrastructure Engineers will provide recommendations for furniture, fixture, equipment and layout.
The design development documents will include:
1. Preparation and further development of drawings and details of significant aspects of the design
2. Outline specifications, including an index and technical sections
3. Infrastructure Engineers will conduct a meeting with the City team to review all documents. Meeting
with City Council is anticipated during this phase.
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I. Construction Documentation Phase
Upon approval of the design development documents by the City, the architect will update all of the design
development documents and prepare construction documents. These documents will include plans and
specifications that in detail set forth the requirements for construction. The construction documents will
include drawings, as follows:
1. Infrastructure Engineers will provide all drawings and specifications, including but not limited to civil,
landscape, architectural, structural, plumbing, HVAC, electrical, an index and construction documents
2. Structural, mechanical and electrical calculations and energy analysis will be provided
3. Drawings to be sealed by Infrastructure Engineers or its contracted engineers
4. Infrastructure Engineers will provide general coordination with documents prepared by its engineers or
consultants. Review of such documents prepared by others is only for conformance to Infrastructure
Engineers contract documents.
5. Infrastructure Engineers will lead the City team in submitting construction documents for all permit
applications and in obtaining permits.
J. Bidding Phase
Infrastructure Engineers (with the City’s input) will prepare a complete set of bidding documents for public
bid. Infrastructure Engineers will be responsible for preparing any clarifications or addendums during the
bidding process. The City will arrange for distribution of the construction documents to the general
contractors during bidding process. The bidding phase will include the following steps:
1. Infrastructure Engineers will assist the City in the review and evaluation of the bids, if required.
2. Infrastructure Engineers will attend pre‐bid conference and site visits with potential bidders, as
requested.
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND MILLER ARCHITECTURAL CORPORATION
This Agreement is made and entered into as of February, 12, 2019 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 Miller Architectural Corporation, a
California - Corporation with its principal place of business at 1177 Idaho Street, Redlands, CA
92374 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes
referred to individually as “Party” and collectively as the “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
As-Needed, On Call Architectural Services for Various Capital Improvement Program (CIP)
Construction and Modernization Projects (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.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Incorporation of Recitals. The recitals above are true and correct and are hereby
incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in the
Scope of Services attached hereto as Exhibit “A.”
3. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel identified in their proposal.
Consultant warrants that Consultant is familiar with all laws that may affect its performance of
this Agreement and shall advise City of any changes in any laws that may affect Consultant’s
performance of this Agreement. Consultant further represents that no City employee will
provide any services under this Agreement.
4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit “A.”
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b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of $500,000.00, Five Hundred Thousand. 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 the completion of services as set forth in Exhibit “A,” unless the Agreement is
previously terminated as provided for herein (“Term”).
7. Maintenance of Records; Audits.
a. Records of Consultant’s services 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 but are
not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing Party shall, within a
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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.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or
removal of hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance with
generally accepted professional practices and principles and in a manner consistent with the level
of care and skill ordinarily exercised by members of the profession currently practicing under
similar conditions.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all
times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment
from or employment with any person or entity which will constitute a conflict of interest with the
City.
13. City Business Certificate. Consultant shall, prior to execution of this Agreement,
obtain and maintain during the term of this Agreement a valid business registration certificate
from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses,
permits, qualifications, insurance, and approvals of whatever nature that are legally required of
Consultant to practice his/her profession, skill, or business.
14. Assignment and Sub-consultant. Consultant shall not assign, sublet, or transfer
this Agreement or any rights under or interest in this Agreement without the written consent of
the City, which may be withheld for any reason. Any attempt to so assign or so transfer without
such consent shall be void and without legal effect and shall constitute grounds for termination.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement. Nothing contained herein shall prevent Consultant from employing independent
associates and sub-consultants as Consultant may deem appropriate to assist in the performance
of services hereunder.
15. Independent Consultant. Consultant is retained as an independent contractor and
is not an employee of City. No employee or agent of Consultant shall become an 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.
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
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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 sub-consultants’ policies
of commercial general liability and automobile liability insurance using the endorsements and
forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
Insurance Services Office Commercial General Liability coverage
(Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(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
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provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials,
officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers’ compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
“Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts
indicated herein. Consultant shall require all sub-consultants 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.
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f. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 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)
(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.
g. 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.
h. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of the premium. If any of the required coverage is cancelled or
expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s)
including the General Liability Additional Insured Endorsement to the City at least ten (10)
days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant’s policy is primary insurance and that any
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insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if
the policy is replaced by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the
City, its officials, officers, employees, agents, and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each
of its sub-consultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability
in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
i. 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:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
j. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including, but not limited to, the
provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City
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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.
k. Sub-consultant Insurance Requirements. Consultant shall not allow any
subcontractors or sub-consultants 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 sub-consultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or sub-consultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, 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 consequential damages, expert witness fees and attorneys’
fees and other related costs and expenses. Notwithstanding the foregoing, to the extent
Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be
limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
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.
b. Additional Indemnity Obligations. Consultant shall defend, with counsel
of City’s choosing and at Consultant’s own cost, expense and risk, any and all Claims covered by
this section that may be brought or instituted against the City, its elected and appointed officials,
employees, agents, or authorized volunteers. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against the City, its elected and appointed officials,
employees, agents, or authorized volunteers as part of any such claim, suit, action or other
proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City,
its elected and appointed officials, employees, agents, or authorized volunteers as part of any
such claim, suit, action or other proceeding. Such reimbursement shall include payment for the
City’s attorney's fees and costs, including expert witness fees. Consultant shall reimburse the
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City, its elected and appointed officials, employees, agents, or authorized volunteers, for any and
all legal expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its elected and appointed officials, employees,
agents, or authorized volunteers.
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 sub-consultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages, employment of apprentices, hours of labor and
debarment of contractors and subcontractors.
If the Services are being performed as part of an applicable “public works” or
“maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant
and all sub-consultants performing such Services must be registered with the Department of
Industrial Relations. Consultant shall maintain registration for the duration of the Project and
require the same of any sub-consultants, as applicable. This Project may also be subject to
compliance monitoring and enforcement by the Department of Industrial Relations. It shall be
Consultant’s sole responsibility to comply with all applicable registration and labor compliance
requirements.
19. Verification of Employment Eligibility. By executing this Agreement, Consultant
verifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens, including, but not limited to, the
Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall
require all sub-consultants and sub-consultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the
laws of the State of California. If any action is brought to interpret or enforce any term of this
Agreement, the action shall be brought in a state or federal court situated in the County of San
Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion of
the work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
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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 professional services occurs, Consultant shall, at no cost to City, provide all other
services necessary to rectify and correct the matter to the sole satisfaction of the City and to
participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of
City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or Abandonment,”
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in
this Agreement, be furnished to and become the property of the City.
27. Organization. Consultant shall assign Kathleen M. Oswalt 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,
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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: Alex Qishta
Deputy Public Works Director / City Engineer
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
Miller Architectural Corporation
1177 Idaho Street
Redlands, CA 92374
Gary Miller
President
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 is
not incorporated herein, and that any other agreements shall be void. This is an integrated
Agreement.
33. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination
shall not affect the validity or enforceability of the remaining terms and provisions hereof or of
the offending provision in any other circumstance, and the remaining provisions of this
Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall inure to
the benefit of the successors in interest, executors, administrators and assigns of each Party to
this Agreement. However, Consultant shall not assign or transfer by operation of law or
otherwise any or all of its rights, burdens, duties or obligations without the prior written consent
of City. Any attempted assignment without such consent shall be invalid and void.
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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.
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.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND MILLER ARCHITECTURAL CORPORATION
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN BERNARDINO
Approved By:
Andrea M. Miller
City Manager
Approved as to Form:
****Approved Form****
Gary D. Saenz
City Attorney
Attested By:
Georgeann Hanna, CMC
City Clerk
CONSULTANT
Signature
Name
Title
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EXHIBIT A
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MILLER Architectural Corporation
6 As-Needed, On Call Architectural Services for City of San Bernardino January 3, 2019
Project Approach and Work Plan
PROJECT APPROACH & WORK PLAN
PHILOSOPHY
The moBo at Miller Architectural Corporaon (MAC) is VISION TO REALITY. Our goal is to capture your vision and
bring it into an affordable, funconal, and enriching reality. In order to accomplish this goal we must become part of
your team. We must listen and ask quesons to full y understand your operang philosophy, goals, needs , preferences
and priories. Once our understanding is parallel with yours, we apply our skills to accomplish your goals and make
this your building.
DESIGN PHILOSOPHY
Provide designs which are responsive to the program and funcon intended within a comfortable, inving
and aesthecally pleasing environment.
A record of imaginave, comprehensive expression in various disciplines.
The ability to provide technological and conceptual innovaons.
Sensivity to Architectural design, taking into cons ideraon the desired educaonal environment, aes-
thecs related to the surrounding environment and b udgetary restraints.
Creavity in designing not only viable structures, b ut also viable environment for the people who occupy
and ulize them.
Dedicaon to energy conservaon, value engineering, and life-cycle cost impacts.
Familiarity with the governing agencies, architectural and master plan elements , and the legal and ins tu-
onal factors affecng a building program.
OVERALL PROJECT GOALS
Respect the Authority of the Project manager and the investment of the end users
Assure that all communicaon passes through the Pro ject Manager
Respect the reality that the end user must live with our group decisions
Maximize Cooperave Team Effort to understand and aBain project goals
Understand the philosophy behind the programs of the end user
Shepherd the Process/Push the Schedule
The design process can easily become bogged down by indecision and over analysis. We will apply
management techniques that assure decisions are made promptly and finally, also to point out the
consequences of each decision.
Aid the Decision Making Process
Offer graphically clear design opons that:
Clearly illustrate the opons and individual benefits
Chart the benefits and disadvantages of each opon
Illustrate budget impacts
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MILLER Architectural Corporation
7 As-Needed, On Call Architectural Services for City of San Bernardino January 3, 2019
Project Approach and Work Plan
Thoroughly consider all design opons to meet the f acility needs
Control scope creep and keep the project within budget
QUALITY CONTROL
Using comprehensive drawings and detailing procedures, MAC and its consultants work congruently. De-
sign and construcon document quality and thoroughn ess are assured by using an established quality con-
trol process throughout the course of the project.
PROJECT INITIATION/RESEARCH
Respect the Authority of the Project manager and the investment of the end users
Assure that all communicaon passes through the Pro ject Manager
The MAC Design Team will meet with the Owner to accomplish the following:
Establish communicaon procedures & line of authori ty
Acquire an understanding of the programmac require ments.
Plot a meline to ensure that goals are being met
Building Evaluaon
Thoroughly examine the exisng building, systems an d services. Idenfy deficiencies and their im-
pact on the project.
PROGRAMMING
MAC will seek to understand the goals and priories of the project t eam and then adopt those goals and
priories as our own
As a project team refine the program to the sasfac on of Users and Project manager
MAC will thoroughly review and become familiar with Owner policies, design guidelines, document format
to this work.
COST ANALYSIS
Contractors experienced in renovaon and a cost es mang consultant will be consulted to assure that
budgets remain in line and the projects gets the most building for the budget.
Cost esmates along with value engineering will be provided for each design alternate.
All cost saving decisions will be made by consulta on with, and approval of, the owner.
SCHEMATIC DESIGN
Develop design concepts that present the best opon s in meeng the design objecves
Review concepts with the development team
Modify design as directed
Prepare conceptual floor plans and exterior building elevaons consistent with the agreed objecves and
priories.
Review concepts with the Owner’s development team
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MILLER Architectural Corporation
8 As-Needed, On Call Architectural Services for City of San Bernardino January 3, 2019
Project Approach and Work Plan
Modify design as directed
Obtain Owner’s development team approval of the schemac design
DESIGN DEVELOPMENT
Coordinate with users and consultant team locaons and interfaces for equipment and the necessary ser-
vices.
Prepare the following documents for distribuon to Consultants
Precise Site plan
Precise Floor plan illustrang the following
Equipment & furniture locaons
Outlet locaons
Tentave lighng & HVAC grille locaons
Cabinet locaons
Roof plan with equipment locaons
Reflected ceiling plan
Elevaons with materials
Building Secons with insulaon R-Values
CONSTRUCTION DOCUMENTS
Prepare documents necessary to obtain a building permit and enable a qualified general contractor to ob-
tain compeve bids from qualified subcontractors, an d build the building.
Process the documents through the Building & Safety review process
BIDDING PHASE
In conjuncon with the Owner’s Project Manager, prep are bid documents
ABend and assist the Owner’s Project Manager at the pre-bid conference
Assist Project Manager assuring the low bid is qualified
CONSTRUCTION ADMINISTRATION
Represent Owner’s interest on the job site
Promptly respond to issues that arise during the construcon process. This includes but is not limite d to:
Clarificaon of document intent
Issues raised by building officials
Site condions
Owner revisions
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND BLACK O’DOWD AND ASSOCIATES, INC. DBA BOA ARCHITECTURE
This Agreement is made and entered into as of February, 12, 2019 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 Black O’Dowd and Associates, Inc. DBA BOA
Architecture, a California - Corporation with its principal place of business at, 1511Cota Avenue,
Long Beach, CA 90813 (hereinafter referred to as “Consultant”). City and Consultant are
hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
As-Needed, On Call Architectural Services for Various Capital Improvement Program (CIP)
Construction and Modernization Projects (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.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Incorporation of Recitals. The recitals above are true and correct and are hereby
incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in the
Scope of Services attached hereto as Exhibit “A.”
3. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel identified in their proposal.
Consultant warrants that Consultant is familiar with all laws that may affect its performance of
this Agreement and shall advise City of any changes in any laws that may affect Consultant’s
performance of this Agreement. Consultant further represents that no City employee will
provide any services under this Agreement.
4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in
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accordance with the Schedule of Charges set forth in Exhibit “A.”
b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of $500,000.00, Five Hundred Thousand. 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 the completion of services as set forth in Exhibit “A,” unless the Agreement is
previously terminated as provided for herein (“Term”).
7. Maintenance of Records; Audits.
a. Records of Consultant’s services 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 but are
not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
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b. Should such circumstances 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.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or
removal of hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance with
generally accepted professional practices and principles and in a manner consistent with the level
of care and skill ordinarily exercised by members of the profession currently practicing under
similar conditions.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all
times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment
from or employment with any person or entity which will constitute a conflict of interest with the
City.
13. City Business Certificate. Consultant shall, prior to execution of this Agreement,
obtain and maintain during the term of this Agreement a valid business registration certificate
from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses,
permits, qualifications, insurance, and approvals of whatever nature that are legally required of
Consultant to practice his/her profession, skill, or business.
14. Assignment and Sub-consultant. Consultant shall not assign, sublet, or transfer
this Agreement or any rights under or interest in this Agreement without the written consent of
the City, which may be withheld for any reason. Any attempt to so assign or so transfer without
such consent shall be void and without legal effect and shall constitute grounds for termination.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement. Nothing contained herein shall prevent Consultant from employing independent
associates and sub-consultants as Consultant may deem appropriate to assist in the performance
of services hereunder.
15. Independent Consultant. Consultant is retained as an independent contractor and
is not an employee of City. No employee or agent of Consultant shall become an 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.
16. Insurance. Consultant shall not commence work for the City until it has provided
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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 sub-consultants’ policies
of commercial general liability and automobile liability insurance using the endorsements and
forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
Insurance Services Office Commercial General Liability coverage
(Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(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
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provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials,
officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers’ compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
“Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts
indicated herein. Consultant shall require all sub-consultants 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
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duty to defend.
f. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 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)
(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.
g. 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.
h. 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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(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant’s policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if
the policy is replaced by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the
City, its officials, officers, employees, agents, and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each
of its sub-consultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability
in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
i. 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:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
j. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including, but not limited to, the
provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
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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.
k. Sub-consultant Insurance Requirements. Consultant shall not allow any
subcontractors or sub-consultants 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 sub-consultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or sub-consultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, 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 consequential damages, expert witness fees and attorneys’
fees and other related costs and expenses. Notwithstanding the foregoing, to the extent
Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be
limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
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.
b. Additional Indemnity Obligations. Consultant shall defend, with counsel
of City’s choosing and at Consultant’s own cost, expense and risk, any and all Claims covered by
this section that may be brought or instituted against the City, its elected and appointed officials,
employees, agents, or authorized volunteers. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against the City, its elected and appointed officials,
employees, agents, or authorized volunteers as part of any such claim, suit, action or other
proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City,
its elected and appointed officials, employees, agents, or authorized volunteers as part of any
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such claim, suit, action or other proceeding. Such reimbursement shall include payment for the
City’s attorney's fees and costs, including expert witness fees. Consultant shall reimburse the
City, its elected and appointed officials, employees, agents, or authorized volunteers, for any and
all legal expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its elected and appointed officials, employees,
agents, or authorized volunteers.
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 sub-consultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages, employment of apprentices, hours of labor and
debarment of contractors and subcontractors.
If the Services are being performed as part of an applicable “public works” or
“maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant
and all sub-consultants performing such Services must be registered with the Department of
Industrial Relations. Consultant shall maintain registration for the duration of the Project and
require the same of any sub-consultants, as applicable. This Project may also be subject to
compliance monitoring and enforcement by the Department of Industrial Relations. It shall be
Consultant’s sole responsibility to comply with all applicable registration and labor compliance
requirements.
19. Verification of Employment Eligibility. By executing this Agreement, Consultant
verifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens, including, but not limited to, the
Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall
require all sub-consultants and sub-consultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the
laws of the State of California. If any action is brought to interpret or enforce any term of this
Agreement, the action shall be brought in a state or federal court situated in the County of San
Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion of
the work completed and/or being abandoned. City shall pay Consultant the reasonable value of
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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 professional services occurs, Consultant shall, at no cost to City, provide all other
services necessary to rectify and correct the matter to the sole satisfaction of the City and to
participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of
City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or Abandonment,”
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in
this Agreement, be furnished to and become the property of the City.
27. Organization. Consultant shall assign Kathleen M. Oswalt 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.
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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: Alex Qishta
Deputy Public Works Director / City Engineer
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
Black O’Dowd and Associates, Inc.
DBA BOA Architecture
1511Cota Avenue
Long Beach, CA 90813
Edward Lok Ng
President/Architect/LEED AP
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 is
not incorporated herein, and that any other agreements shall be void. This is an integrated
Agreement.
33. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination
shall not affect the validity or enforceability of the remaining terms and provisions hereof or of
the offending provision in any other circumstance, and the remaining provisions of this
Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall inure to
the benefit of the successors in interest, executors, administrators and assigns of each Party to
this Agreement. However, Consultant shall not assign or transfer by operation of law or
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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.
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.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND MILLER ARCHITECTURAL CORPORATION
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN BERNARDINO
Approved By:
Andrea M. Miller
City Manager
Approved as to Form:
****Approved Form****
Gary D. Saenz
City Attorney
Attested By:
Georgeann Hanna, CMC
City Clerk
CONSULTANT
Signature
Name
Title
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EXHIBIT A
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9.ePacket Pg. 189Attachment: PW.On-Call.PSA.BOA (5989 : Agreements to Provide As-Needed, on Call Architectural Services)
9.ePacket Pg. 190Attachment: PW.On-Call.PSA.BOA (5989 : Agreements to Provide As-Needed, on Call Architectural Services)
9.ePacket Pg. 191Attachment: PW.On-Call.PSA.BOA (5989 : Agreements to Provide As-Needed, on Call Architectural Services)
9.ePacket Pg. 192Attachment: PW.On-Call.PSA.BOA (5989 : Agreements to Provide As-Needed, on Call Architectural Services)
9.ePacket Pg. 193Attachment: PW.On-Call.PSA.BOA (5989 : Agreements to Provide As-Needed, on Call Architectural Services)
9.ePacket Pg. 194Attachment: PW.On-Call.PSA.BOA (5989 : Agreements to Provide As-Needed, on Call Architectural Services)
9.ePacket Pg. 195Attachment: PW.On-Call.PSA.BOA (5989 : Agreements to Provide As-Needed, on Call Architectural Services)
9.ePacket Pg. 196Attachment: PW.On-Call.PSA.BOA (5989 : Agreements to Provide As-Needed, on Call Architectural Services)
9.ePacket Pg. 197Attachment: PW.On-Call.PSA.BOA (5989 : Agreements to Provide As-Needed, on Call Architectural Services)
9.ePacket Pg. 198Attachment: PW.On-Call.PSA.BOA (5989 : Agreements to Provide As-Needed, on Call Architectural Services)
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Packet Pg. 199 Attachment: PW.On-Call.PSA.BOA (5989 : Agreements to Provide As-Needed, on Call Architectural Services)
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Packet Pg. 200 Attachment: PW.Delman Heights Staff report (5990 : Agreement for Facilities and Parkland Area Assessment of Delmann Heights Park &
this type of work. The RFP was made publicly available on the City’s “Request for Bids”
website. On September 20, 2018, a total of two (2) proposals were received. The
proposals were reviewed by a panel of staff members using the City’s standard rating
system and it was determined that proposals met the requirements of the RFP. These
proposals were submitted by the following firms:
FIRM LOCATION TOTAL
Greenplay, LLC. Louisville, Colorado $109,995
Community Works Design Group Riverside, California $137,590
Staff reviewed the proposals and staff interviewed and rated the firms. The highest
rated firm, Community Works Design Group (CWDG), received superior ratings in the
areas of related experience, adequacy of staff, completion schedule, depth of
understanding of the project and project approach. CWDG has extensive experience
and successfully completed similar projects for numerous cities Statewide. The panel
determined CWDG demonstrated the capability to provide design services for Facilities
and Parkland Area Assessment of Delmann Heights Park and Community Center.
Staff successfully negotiated the fee and reduced it by $18,355 (13.34%). The final
agreed upon fee for the proposed services is $119,235. Project design is anticipated to
begin in April 2019 and project completion is anticipated for winter 2019.
2018-2019 Goals and Objectives
This project is consistent with Goal No 4. Ensure Development of a Well-Planned
Balanced and Sustainable City. This project will contribute to ensure that the City is
clean and attractive and provide infrastructure designed for long-term economic growth.
Fiscal Impact
The estimated project cost for this project is summarized in the table below.
Estimated Project Cost
Proposal Amount $119,235
Project Management $ 11,765
Total Contract Work $131,000
The selected proposal and project management, reflect a total project cost of $131,000.
There is sufficient funding in the FY 2018/19 adopted Budget, $150,000 in General
Fund account number 001-160-8642-5504.
Conclusion
Staff recommends that the Mayor and City Council of the City of San Bernardino,
California, approve Resolution No. 2019-33 of the Mayor and City Council of the City of
San Bernardino, California, approving the award of a design contract with Community
Works Design Group, in the amount of $119,235 for Facilities and Parkland Area
Assessment of Delmann Heights Park and Community Center.
3/1/2019 8:02 AM
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Packet Pg. 201 Attachment: PW.Delman Heights Staff report (5990 : Agreement for Facilities and Parkland Area Assessment of Delmann Heights Park &
Attachments
Attachment 1 Resolution awarding Agreement for Facilities and Parkland Area
Assessment of Delmann Heights Park and Community Center
Attachment 2 Agreement
Attachment 3 Location Map
Ward: 6
Synopsis of Previous Council Actions:
06- 21-2017 Resolution No. 2017- 118 adopted the City’s final budget document for Fiscal Year 2017/2018.
3/1/2019 8:02 AM
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Packet Pg. 202 Attachment: PW.Delman Heights Staff report (5990 : Agreement for Facilities and Parkland Area Assessment of Delmann Heights Park &
Resolution No. 2019-33
RESOLUTION NO. 2019-33 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE AWARD OF A DESIGN CONTRACT
WITH COMMUUNITY WORKS DESIGN GROUP IN THE
AMOUNT OF $119,235 FOR FACILITIES AND
PARKLAND AREA ASSESSMENT OF DELMANN
HEIGHTS PARK AND COMMUNITY CENTER
WHEREAS, Community Works Design Group located at 4649 Brocton Avenue,
Riverside, CA 92506 is a competent experienced consulting engineering firm and has provided
the most advantageous and best proposal to provide design services for Facilities and Parkland
Area Assessment of Delmann Heights Park and Community Center; and
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 City Manager or his designee is hereby authorized and directed to
award a professional services contract to Community Works Design Group in the amount of
$119,235.
SECTION 3. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
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Packet Pg. 203 Attachment: PW.Delmann Heights Contract Award Assess - Resolution -Attachment 1 (5990 : Agreement for Facilities and Parkland Area
Resolution No. 2019-33
APPROVED and ADOPTED by the Mayor and City Council and signed by the Mayor
and attested by the City Clerk this 6th day of March , 2019.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, CMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
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Packet Pg. 204 Attachment: PW.Delmann Heights Contract Award Assess - Resolution -Attachment 1 (5990 : Agreement for Facilities and Parkland Area
Resolution No. 2019-33
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2019-____, adopted at a regular meeting held at the 6th day of March, 2019 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
VACANT _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2019.
______________________________
Georgeann Hanna, CMC, City Clerk
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Packet Pg. 205 Attachment: PW.Delmann Heights Contract Award Assess - Resolution -Attachment 1 (5990 : Agreement for Facilities and Parkland Area
CONSULTANT SERVICES AGREEMENT
City of San Bernardino and Community Works Design Group. CITY: CITY OF SAN BERNARDINO 290 North “D” Street San Bernardino, California 92401 CONSULTANT: COMMUNITY WORKS DESIGN GROUP 4649 Brockton Avenue Riverside, CA 92506 Phone: (951) 369-0700 SERVICES: Facilities and Parkland Area Assessment of Delmann Heights Park and Community Center (PR 19-008 ) AMOUNT: $119,235 EXPIRATION DATE: December 31, 2019 MANAGING DEPARTMENT: Public Works
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Packet Pg. 206 Attachment: PW.Delmann Heights Agreement w Community Works Design - Attachment 2-Agreement (5990 : Agreement for Facilities and
TABLE OF CONTENTS
1.0 SCOPE OF AGREEMENT. ............................................................................................................................ 1
1.1 SCOPE OF SERVICES. ................................................................................................................................. 1
1.2 DUTY TO INFORM CITY OF CHANGES IN SCOPE OF SERVICES. ................................................................. 1
1.3 AGREEMENT NON-EXCLUSIVE. ................................................................................................................. 1
1.4 AGREEMENT INTERPRETATION. ............................................................................................................... 2
1.5 ORDER OF PRECEDENCE. .......................................................................................................................... 2
1.6 CITY MANAGER. ......................................................................................................................................... 2
1.7 NOTICES. ................................................................................................................................................... 2
2.0 TERM. ........................................................................................................................................................ 2
2.1 EFFECTIVE DATE. ...................................................................................................................................... 3
2.2 AGREEMENT EXTENSION. ......................................................................................................................... 3
3.0 CITY’S RIGHT TO SUSPEND FOR CONVENIENCE. ...................................................................................... 3
3.1 CITY’S RIGHT TO TERMINATE FOR CONVENIENCE. .................................................................................. 3
3.2 CITY’S RIGHT TO TERMINATE FOR DEFAULT. ........................................................................................... 3
3.3 TERMINATION FOR BANKRUPTCY OR ASSIGNMENT FOR THE BENEFIT OF CREDITORS. ......................... 4
3.4 CONSULTANT’S RIGHT TO PAYMENT FOLLOWING AGREEMENT TERMINATION ...................................... 4
3.5 REMEDIES CUMULATIVE. .......................................................................................................................... 4
4.0 INVOICE DATE. .......................................................................................................................................... 4
4.1 MANNER OF PAYMENT. ............................................................................................................................. 4
4.2 INVOICE DETAIL. ....................................................................................................................................... 5
4.3 AMOUNT OF COMPENSATION. ................................................................................................................... 5
4.4 ADDITIONAL SERVICES. ............................................................................................................................ 5
4.5 ADDITIONAL COSTS. .................................................................................................................................. 5
4.6 EIGHTY PERCENT NOTIFICATION. ............................................................................................................ 5
4.7 ANNUAL APPROPRIATION OF FUNDS. ....................................................................................................... 5
4.8 PRICE ADJUSTMENTS. ............................................................................................................................... 6
5.0 RIGHT TO AUDIT. ....................................................................................................................................... 6
5.1 AUDIT. ....................................................................................................................................................... 6
5.2 COST AUDIT. .............................................................................................................................................. 6
5.3 ACCOUNTING RECORDS. ........................................................................................................................... 6
5.4 SUBCONTRACTORS. ................................................................................................................................... 6
5.5 CONSULTANT AND SUBCONTRACTOR PRINCIPALS FOR CONSULTANT SERVICES. .................................. 7
5.6 RESPONSIBILITY FOR ERRORS. ................................................................................................................. 8
5.7 DELAY. ....................................................................................................................................................... 8
5.8 RESTRICTIONS AND REGULATIONS REQUIRING AGREEMENT MODIFICATION. ....................................... 8
5.9 INDUSTRY STANDARDS. ............................................................................................................................ 8
5.10 RECORDS RETENTION AND EXAMINATION. .............................................................................................. 9
5.11 QUALITY ASSURANCE MEETINGS. ............................................................................................................ 9
5.12 DUTY TO COOPERATE WITH AUDITOR. ..................................................................................................... 9
5.13 CRIMINAL BACKGROUND CERTIFICATION. ............................................................................................... 9
5.14 PHOTO IDENTIFICATION BADGE. .............................................................................................................. 9
5.15 STANDARDS OF CONDUCT. ...................................................................................................................... 10
5.16 SUPERVISION. ......................................................................................................................................... 10
5.17 CITY PREMISES........................................................................................................................................ 10
5.18 REMOVAL OF EMPLOYEES. ..................................................................................................................... 10
5.19 LICENSES AND PERMITS. ........................................................................................................................ 10
6.0 RIGHTS IN DATA. ..................................................................................................................................... 10
6.1 INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT. ................................................................................. 10
6.2 CONSULTANT WORKS. ............................................................................................................................. 11
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Packet Pg. 207 Attachment: PW.Delmann Heights Agreement w Community Works Design - Attachment 2-Agreement (5990 : Agreement for Facilities and
6.3 SUBCONTRACTING. ................................................................................................................................. 11
6.4 INTELLECTUAL PROPERTY WARRANTY AND INDEMNIFICATION. .......................................................... 11
6.5 SOFTWARE LICENSING. ........................................................................................................................... 12
6.6 PUBLICATION. ......................................................................................................................................... 12
6.7 ROYALTIES, LICENSES, AND PATENTS. ................................................................................................... 12
7.0 INDEMNIFICATION. ................................................................................................................................. 12
7.1 INSURANCE. ............................................................................................................................................ 12
8.0 CITY POLICIES. ........................................................................................................................................ 16
8.2 AMERICANS WITH DISABILITIES ACT (ADA) AND STATE ACCESS LAWS AND REGULATIONS. ................ 16
8.3 NON-DISCRIMINATION. ........................................................................................................................... 16
8.4 BUSINESS REGISTRATION CERTIFICATE. ............................................................................................... 16
9.0 CONFLICT OF INTEREST LAWS. ............................................................................................................... 16
9.1 CONSULTANT’S RESPONSIBILITY FOR EMPLOYEES AND AGENTS. ......................................................... 17
9.2 CONSULTANT’S FINANCIAL OR ORGANIZATIONAL INTERESTS. .............................................................. 17
9.3 CERTIFICATION OF NON-COLLUSION. .................................................................................................... 17
9.4 HIRING CITY EMPLOYEES. ...................................................................................................................... 17
10.0 MEDIATION.............................................................................................................................................. 17
10.1 SELECTION OF MEDIATOR. ..................................................................................................................... 17
10.2 EXPENSES. .............................................................................................................................................. 17
10.3 CONDUCT OF MEDIATION SESSIONS. ...................................................................................................... 17
10.4 MEDIATION RESULTS. ............................................................................................................................. 18
11.0 MANDATORY ASSISTANCE. ...................................................................................................................... 18
11.1 COMPENSATION FOR MANDATORY ASSISTANCE. ................................................................................... 18
11.2 ATTORNEYS’ FEES RELATED TO MANDATORY ASSISTANCE. .................................................................. 18
12.0 HEADINGS. .............................................................................................................................................. 18
12.1 NON-ASSIGNMENT................................................................................................................................... 18
12.2 INDEPENDENT CONTRACTORS................................................................................................................ 19
12.3 SUBCONTRACTORS. ................................................................................................................................. 19
12.4 COVENANTS AND CONDITIONS. .............................................................................................................. 19
12.5 COMPLIANCE WITH CONTROLLING LAW................................................................................................. 19
12.6 GOVERNING LAW. .................................................................................................................................... 19
12.7 VENUE. .................................................................................................................................................... 19
12.8 SUCCESSORS IN INTEREST. ..................................................................................................................... 19
12.9 NO WAIVER. ............................................................................................................................................. 19
12.10 SEVERABILITY. ........................................................................................................................................ 19
12.11 DRAFTING AMBIGUITIES. ........................................................................................................................ 20
12.12 AMENDMENTS. ........................................................................................................................................ 20
12.13 CONFLICTS BETWEEN TERMS. ................................................................................................................ 20
12.14 SURVIVAL OF OBLIGATIONS. ................................................................................................................... 20
12.15 CONFIDENTIALITY OF SERVICES. ........................................................................................................... 20
12.17 NO THIRD PARTY BENEFICIARIES. .......................................................................................................... 20
12.18 ACTIONS OF CITY IN ITS GOVERNMENTAL CAPACITY. ........................................................................... 21
12.19 COUNTERPARTS. ..................................................................................................................................... 21
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Packet Pg. 208 Attachment: PW.Delmann Heights Agreement w Community Works Design - Attachment 2-Agreement (5990 : Agreement for Facilities and
CONSULTANT SERVICES AGREEMENT This Consultant Services Agreement is entered into by and between the City of San Bernardino, a charter city and municipal corporation (City), and Community Works Design Group (Consultant). RECITALS WHEREAS, City wishes to retain Consultant to provide Design Services to prepare Analysis and Proposals Delmann Heights Park and Community Center (PR19-008) in accordance with Consultant’s Proposals dated September 20, 2018, attached to this Agreement as Attachment “A” which is made a part of this Agreement by reference. (Services); and WHEREAS, Consultant has the expertise, experience, and personnel necessary to provide the Services including, as applicable, that degree of specialized expertise contemplated by Government Code section 37103; and WHEREAS, City and Consultant (collectively, the Parties) wish to enter into an agreement whereby City will retain Consultant to provide the Services. NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is acknowledged, City and Consultant agree as follows: ARTICLE I SCOPE OF AGREEMENT AND AGREEMENT MANAGEMENT 1.0 Scope of Agreement. This scope of the entire agreement between the parties is described in the Agreement Documents. The Agreement Documents are comprised of: the Request for Proposal or other solicitation document (Solicitation); the successful bid or proposal; the letter awarding the Agreement to Consultant; the City’s written acceptance of exceptions or clarifications to the Solicitation, if any; and this Consultant Services Agreement (Agreement) including any exhibits hereto. 1.1 Scope of Services. Consultant shall provide the Services as described in the Scope of Services contained in said Attachment “A”. 1.2 Duty to Inform City of Changes in Scope of Services. Consultant shall immediately advise the City in writing of any anticipated change in the Scope of Services, stipulated remuneration, or time schedule, and shall obtain the City’s written consent to the change prior to making any changes. In no event shall the City’s consent be construed to relieve Consultant from its duty to render all Services in accordance with applicable law and industry standards. 1.3 Agreement Non-Exclusive. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the Services or may have its own employees perform services similar to the Services.
pg. 1 Consultant Services Agreement Community Works Design Group
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Packet Pg. 209 Attachment: PW.Delmann Heights Agreement w Community Works Design - Attachment 2-Agreement (5990 : Agreement for Facilities and
1.4 Agreement Interpretation. The Agreement Documents completely describe the Services. Consultant will provide any services that may reasonably be inferred from the Agreement Documents or from prevailing custom or trade usage as being required to produce the intended result whether or not specifically called for or identified in the Agreement Documents. Words or phrases which have a well-known technical or construction industry or trade meaning and are used to describe Services will be interpreted in accordance with that meaning unless a definition has been provided in the Agreement Documents. 1.5 Order of Precedence. In resolving conflicts resulting from errors or discrepancies in any of the Agreement Documents, the terms of this Agreement shall prevail over any inconsistent provision in any other Agreement Document, including exhibits to this Agreement. 1.6 City Manager. The City Manager, or designee named below in Section 1.7, is the authorized representative of the City for purposes of this Agreement, and has the responsibilities described in this Agreement, in the San Bernardino Charter, and in Chapter 3.04 of the San Bernardino Municipal Code. The City Manager must sign all Agreement amendments. 1.7 Notices. Unless otherwise specified, in all cases where written notice is required under this Agreement, service shall be deemed sufficient if the notice is personally delivered or deposited in the United States mail, with first class postage paid, attention to the City Manager. Proper notice is effective on the date of personal delivery or five (5) days after deposit in a United States postal mailbox unless provided otherwise in the Agreement. Notices for each party shall be sent to: FOR THE CITY: Alex Qishta, Deputy Director of Public Works/City Engineer City of San Bernardino 290 North D Street San Bernardino, CA 92401 FOR THE CONSULTANT Timothy I. Maloney, ASLA, CPRS, President/Principal-in-Charge Community Works Design Group 4649 Brocton Avenue Riverside, CA 92506 Phone: (951) 369-0700 ARTICLE II TERM OF AGREEMENT 2.0 Term. Unless otherwise terminated, this Agreement shall be effective until completion of the Scope of Services or December 31, 2020, whichever is earliest.
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Packet Pg. 210 Attachment: PW.Delmann Heights Agreement w Community Works Design - Attachment 2-Agreement (5990 : Agreement for Facilities and
2.1 Effective Date. This Agreement shall be effective on the date it is executed by the last Party to sign the Agreement, and approved as to form by the City Attorney. 2.2 Agreement Extension. The City Manager may, in his/her sole discretion, unilaterally extend the Agreement on a month-to-month basis following Agreement expiration. Consultant shall not increase its pricing described in Attachment B without prior express written consent from the City Manager. ARTICLE III SUSPENSION AND TERMINATION 3.0 City’s Right to Suspend for Convenience. City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City must first give ten (10) days’ written notice to Consultant of such suspension. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and conditions of this Agreement. Consultant will be entitled to an extension of time to complete performance under the Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties. 3.1 City’s Right to Terminate for Convenience. City may, at its sole option and for its convenience, terminate all or any portion of this Agreement by giving thirty (30) days’ written notice of such termination to Consultant. The termination of the Agreement shall be effective upon receipt of the notice by Consultant. After termination of all or any portion of the Agreement, Consultant shall: (1) immediately discontinue all affected performance (unless the notice directs otherwise); and (2) complete any and all additional work necessary for the orderly filing of documents and closing of Consultant's affected performance under the Agreement. After filing of documents and completion of performance, Consultant shall deliver to City all data, drawings, specifications, reports, estimates, summaries, and such other information and materials created or received by Consultant in performing this Agreement, whether completed or in process. By accepting payment for completion, filing, and delivering documents as called for in this section, Consultant discharges City of all of City’s payment obligations and liabilities under this Agreement with regard to the affected performance. 3.2 City’s Right to Terminate for Default. Consultant’s failure to satisfactorily perform any obligation required by this Agreement constitutes a default. Examples of default include a determination by City that Consultant has: (1) failed to perform the services of the required quality or within the time specified; (2) failed to perform any of the obligations of this Agreement; and (3) failed to make sufficient progress in performance which may jeopardize full performance. 3.2.1 If Consultant fails to satisfactorily cure a default within ten (10) calendar days of receiving written notice from City specifying the nature of the default, City may immediately cancel and/or terminate this Agreement, and
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Packet Pg. 211 Attachment: PW.Delmann Heights Agreement w Community Works Design - Attachment 2-Agreement (5990 : Agreement for Facilities and
terminate each and every right of Consultant, and any person claiming any rights by or through Consultant under this Agreement. 3.2.2 If City terminates this Agreement, in whole or in part, City may procure, upon such terms and in such manner as the City Manager may deem appropriate, equivalent services and Consultant shall be liable to City for any excess costs. Consultant shall also continue performance to the extent not terminated. 3.3 Termination for Bankruptcy or Assignment for the Benefit of Creditors. If Consultant files a voluntary petition in bankruptcy, is adjudicated bankrupt, or makes a general assignment for the benefit of creditors, the City may at its option and without further notice to, or demand upon Consultant, terminate this Agreement, and terminate each and every right of Consultant, and any person claiming rights by and through Consultant under this Agreement. 3.4 Consultant’s Right to Payment Following Agreement Termination. 3.4.1 Termination for Convenience. If the termination is for the convenience of City an equitable adjustment in the Agreement price shall be made. No amount shall be allowed for anticipated profit on unperformed services, and no amount shall be paid for an as needed Agreement beyond the Agreement termination date. 3.4.2 Termination for Default. If, after City gives notice of termination for failure to fulfill Agreement obligations to Consultant, it is determined that Consultant had not so failed, the termination shall be deemed to have been effected for the convenience of City. In such event, adjustment in the Agreement price shall be made as provided in Section 3.1. City’s rights and remedies are in addition to any other rights and remedies provided by law or under this Agreement. 3.5 Remedies Cumulative. City’s remedies are cumulative and are not intended to be exclusive of any other remedies or means of redress to which City may be lawfully entitled in case of any breach or threatened breach of any provision of this Agreement. ARTICLE IV COMPENSATION 4.0 Invoice Date. Consultant must submit invoices for services to City by the 10th day of the month following the month in which Consultant provided services. 4.1 Manner of Payment. Consultant will be paid monthly, in arrears, for services provided in accordance with the terms and conditions specified in the Agreement within forty-five (45) days of receiving an invoice. City shall pay Consultant in accordance with the terms contained within Attachment B. Consultant is not entitled to fees, including fees for expenses, that exceed the amounts specified in Attachment B.
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Packet Pg. 212 Attachment: PW.Delmann Heights Agreement w Community Works Design - Attachment 2-Agreement (5990 : Agreement for Facilities and
4.2 Invoice Detail. Consultant’s invoice must be on Consultant’s stationary with Consultant’s name, address, and remittance address if different. Consultant’s invoice must have a date, an invoice number, a purchase order number, a description of the services provided, and an amount due. Invoices must include the address of the location where services were performed and the dates in which services were provided. Consultant shall also submit one statement of progress with the invoice and at least once per calendar month to the Director of Public Works. Consultant shall include with each statement of progress a description of completed Services, reasonably related expenses, if any, and all other information, including but not limited to the progress percentage of the Scope of Services and/or deliverables completed prior to the reporting date, as required by the City. 4.3 Amount of Compensation. City shall pay Consultant for performance of all Services rendered in accordance with this Agreement, including, fees for Additional Services, as defined below, and out-of-pocket expenses (Expenses), in an amount not to exceed one hundred and ninety thousand dollars ($190,000.00). Progress billing rates shall be based on the rates indicated in Attachment B. The rates are valid throughout the term of the Agreement or until the Scope of Services are completed unless otherwise amended and agreed by both parties in writing. 4.4 Additional Services. City may require Consultant to perform additional Services beyond those described in the Scope of Services (Additional Services). Before Consultant commences such work, the Parties must agree in writing upon a fee for the Additional Services, including reasonably related expenses, in accordance with Section 4.3. City will not pay Consultant for Additional Services unless Consultant receives prior written authorization from the City Manager. Failure to do so will result in payment being withheld for services. If approved, Consultant will separately invoice for all Additional Services and include a copy of the City Manager’s written authorization. 4.5 Additional Costs. Additional Costs are costs that can be reasonably determined to be related to Consultant’s errors or omissions. Consultant shall not be paid for the Services required due to the Consultant’s errors or omissions, and Consultant shall be responsible for any Additional Costs incurred by the City, including overhead, associated with such errors or omissions. These Additional Costs may be deducted from monies due, or that become due, to Consultant. Whether or not there are any monies due, or becoming due, Consultant shall reimburse City for Additional Costs due to Consultant’s errors or omissions. 4.6 Eighty Percent Notification. Consultant shall promptly notify City in writing of any potential cost overruns. Cost overruns include, but are not limited to the following: (1) where anticipated costs to be incurred in the next sixty calendar days, when added to all costs previously incurred, will exceed 80 percent of the maximum compensation for this Agreement; or (2) where the total cost for performance of the Scope of Services appears that it may be greater than the maximum compensation for this Agreement. 4.7 Annual Appropriation of Funds. Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that work and compensation under this Agreement is contingent on the Mayor and City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be
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terminated at the end of the fiscal year for which sufficient funding is not appropriated and authorized. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by Mayor and City Council. 4.8 Price Adjustments. Based on Consultant’s written request and justification, the City may approve an increase in unit prices on Consultant’s pricing pages consistent with the amount requested in the justification in an amount not to exceed the increase in the Consumer Price Index, Riverside-San Bernardino-Ontario Area, for All Urban Customers (CPI-U) as published by the Bureau of Labor Statistics, or 5.0%, whichever is less, during the preceding one year term. If the CPI-U is a negative number, then the unit prices shall not be adjusted for that option year (the unit prices will not be decreased). A negative CPI-U shall be counted against any subsequent increases in the CPI-U when calculating the unit prices for later option years. Consultant must provide such written request and justification no less than sixty days before the date in which City may exercise the option to renew the Agreement, or sixty days before the anniversary date of the Agreement. Justification in support of the written request must include a description of the basis for the adjustment, the proposed effective date and reasons for said date, and the amount of the adjustment requested with documentation to support the requested change (e.g. CPI-U or 5.0%, whichever is less). City’s approval of this request must be in writing. ARTICLE V CONSULTANT’S OBLIGATIONS 5.0 Right to Audit. City retains the right to review and audit, and the reasonable right of access to Consultant’s and any Subcontractor’s premises, to review and audit Consultant’s or Subcontractor’s compliance with the provisions of this Agreement (City’s Right). City’s Right includes the right to inspect, photocopy, and retain copies of any and all books, records, documents and any other information (Records) relating to this Agreement outside of Consultant’s premises if deemed necessary by City in its sole discretion. City shall keep these Records confidential to the extent permitted by law. 5.1 Audit. City’s Right includes the right to examine Records of procedures and practices that City determines are necessary to discover and verify that Consultant or Subcontractor is in compliance with all requirements under this Agreement. 5.2 Cost Audit. If there is a claim for additional compensation or for Additional Services, the City’s Right includes the right to Records that the City determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred. 5.3 Accounting Records. Consultant and all subcontractors shall maintain complete and accurate Records in accordance with generally accepted accounting practices. Consultant and Subcontractors shall make available to City for review and audit all Records relating to the Services. Upon City’s request, Consultant and Subcontractors shall submit exact duplicates of originals of all requested records to City. 5.4 Subcontractors. Consultant’s hiring or retaining of any third parties (Subcontractors) to perform Services (Subcontractor Services) is subject to City’s prior
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written approval. Consultant shall list all Subcontractors known to Consultant on the Subcontractor List at the time this Agreement is entered. Consultant shall give written notice to the City of the need at least 45 days before entering into a contract for such Subcontractor Services. Consultant’s notice shall include a justification, a description of the Scope of Services, and an estimate of all costs for Subcontractor Services. Consultant may request that City reduce the 45-day notice period. City agrees to consider such requests in good faith. 5.4.1 City’s Right Binding on Subcontractors. Consultant shall include City’s Right as described in this Section 5.0 in any and all of their subcontracts, and shall ensure that these sections are binding upon all Subcontractors. 5.4.2 Subcontractor Contract. Consultant shall require Subcontractor to obtain and maintain insurance policies as required by City for the duration of this Agreement. Consultant shall determine Subcontractor policy limits and required endorsements proportionate to the services performed by Subcontractor. 5.4.3 Payment to Subcontractor. Consultant is obligated to pay Subcontractor, for Consultant and City- approved invoice amounts, out of amounts paid by City to Consultant not later than fourteen (14) working days from Consultant’s receipt of payment from City. Nothing in this paragraph shall be construed to impair the right of Consultant and any Subcontractor to negotiate fair and reasonable pricing and payment provisions among themselves. 5.4.4 Withholding Subcontractor Payment. If Subcontractor’s performance is deficient, Consultant shall notify City in writing of any withholding of payment to Subcontractor, specifying: (a) the amount withheld; (b) the specific cause under the terms of the subcontract for withholding payment; (c) the connection between the cause for withholding payment and the amount withheld; and (d) the remedial action Subcontractor must take in order to receive the amount withheld. Once Subcontractor corrects the deficiency, Consultant shall pay Subcontractor the amount withheld within fourteen working days of the Consultant’s receipt of City’s next payment. 5.4.5 Disputes with Subcontractor. City shall not be made a party to any judicial or administrative proceeding to resolve any dispute between Consultant and Subcontractor. Consultant agrees to defend and indemnify the City as described in Section 7.0 in any dispute between Consultant and Subcontractor should City be made a party to any judicial or administrative proceeding to resolve the dispute in violation of this position. 5.4.6 City as Beneficiary. City is an intended beneficiary of any work performed by Subcontractor for purposes of establishing a duty of care between Subcontractor and City. 5.5 Consultant and Subcontractor Principals for Consultant Services. This Agreement is for unique Services. City has retained Consultant based on Consultant’s particular
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professional expertise as exhibited by the following members of the Consultant's organization: Matt Brudin, Moe Ahmadi, Reza Toorzani, Mathew Peacock and Isaac Gomez (the Project Team). Consultant may not delegate the performance of Services to Subcontractors without City’s prior written consent. It is mutually agreed that the members of the Project Team are the principal persons responsible for delivery of all Services and may not be removed from the Project without the City’s prior written approval. City may consider Consultant in default of this Agreement if any member of the Project Team is prevented from providing Services without City’s prior written approval. Consultant must consult City as to any replacement if any member of the Project Team becomes unavailable. City may terminate this Agreement if City does not approve of a proposed replacement. Further, City reserves the right, after consultation with Consultant, to require any of Consultant’s employees or agents to be removed from providing Services under this Agreement. 5.6 Responsibility for Errors. Consultant shall be responsible for its services and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City Manager or his designee, regarding any services rendered under this Agreement at no additional cost to City. 5.7 Delay. Unless otherwise specified herein, time is of the essence for each and every provision of the Agreement. Consultant must immediately notify City in writing if there is, or it is anticipated that there will be, a delay in performance. The written notice must explain the cause for the delay and provide a reasonable estimate of the length of the delay. City may terminate this Agreement as provided herein if City, in its sole discretion, determines the delay is material. If a delay in performance is caused by any unforeseen event(s) beyond the control of the parties, City may allow Consultant to a reasonable extension of time to complete performance, but Consultant will not be entitled to damages or additional compensation. Any such extension of time must be approved in writing by City. The following conditions may constitute such a delay: war; changes in law or government regulation; labor disputes; strikes; fires, floods, adverse weather or other similar condition of the elements necessitating cessation of the performance; inability to obtain materials, equipment or labor; or other specific reasons agreed to between City and Consultant. This provision does not apply to a delay caused by Consultant’s acts or omissions. Consultant is not entitled to an extension of time to perform if a delay is caused by Consultant’s inability to obtain materials, equipment, or labor unless City has received, in a timely manner, documentary proof satisfactory to City of Consultant’s inability to obtain materials, equipment, or labor, in which case City’s approval must be in writing. 5.8 Restrictions and Regulations Requiring Agreement Modification. Consultant shall immediately notify City in writing of any regulations or restrictions that may or will require Consultant to alter the services to be provided. City reserves the right to accept any such alteration, including any resulting reasonable price adjustments, or to cancel the Agreement at no expense to the City. 5.9 Industry Standards. Consultant shall provide services acceptable to City in strict conformance with the Agreement. Consultant shall also provide services in accordance with the standards customarily adhered to by an experienced and competent provider of the services called for under this Agreement using the degree of care and skill ordinarily
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exercised by reputable providers of such services. Where approval by City Manager or other representative of City is required, it is understood to be general approval only and does not relieve Consultant of responsibility for complying with all applicable laws, codes, policies, regulations, and good business practices. 5.10 Records Retention and Examination. Consultant shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, relating to this Agreement for five (5) years after receipt of final payment by City under this Agreement. Consultant shall make all such records and documents available for inspection, copying, or other reproduction, and auditing by authorized representatives of City, including the City Manager or designee. Consultant shall make available all requested data and records at reasonable locations within City or County of San Bernardino at any time during normal business hours, and as often as City deems necessary. If records are not made available within the City or County of San Bernardino, Consultant shall pay City’s travel costs to the location where the records are maintained and shall pay for all related travel expenses. Failure to make requested records available for inspection, copying, or other reproduction, or auditing by the date requested may result in termination of the Agreement. Consultant must include this provision in all subcontracts made in connection with this Agreement. Consultant shall maintain records of all subcontracts entered into with all firms, all project invoices received from Subcontractors and Suppliers, all purchases of materials and services from Suppliers, and all joint venture participation. Records shall show name, telephone number including area code, and business address of each Subcontractor and Supplier, and joint venture partner, and the total amount actually paid to each firm. Project relevant records, regardless of tier, may be periodically reviewed by the City. 5.11 Quality Assurance Meetings. Upon City’s request, Consultant shall schedule one or more quality assurance meetings with City Manager or designee to discuss Consultant’s performance. If requested, Consultant shall schedule the first quality assurance meeting no later than eight (8) weeks from the date of commencement of work under the Agreement. At the quality assurance meeting(s), City Manager or designee will provide Consultant with feedback, will note any deficiencies in Agreement performance, and provide Consultant with an opportunity to address and correct such deficiencies. The total number of quality assurance meetings that may be required by City will depend upon Consultant’s performance. 5.12 Duty to Cooperate with Auditor. The City Manager or designee may, in his sole discretion, at no cost to the City, and for purposes of performing the City’s audit responsibilities under Charter section 704, review Consultant’s records to confirm Agreement compliance. Consultant shall make reasonable efforts to cooperate with City Manager’s requests. 5.13 Criminal Background Certification. Consultant certifies that all employees working on this Agreement have had a criminal background check and that said employees are clear of any felony convictions. 5.14 Photo Identification Badge. Consultant shall provide a company photo identification badge to any individual assigned by Consultant or subcontractor to perform services on City
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premises. Such badge must be worn at all times while on City premises. City reserves the right to require Consultant to pay fingerprinting fees for personnel assigned to work in sensitive areas. All employees shall turn in their photo identification badges to Consultant upon completion of services and prior to final payment of invoice. 5.15 Standards of Conduct. Consultant is responsible for maintaining standards of employee competence, conduct, courtesy, appearance, honesty, and integrity satisfactory to the City. 5.16 Supervision. Consultant shall provide adequate and competent supervision at all times during the Agreement term. Consultant shall be readily available to meet with the City. Consultant shall provide the telephone numbers where its representative(s) can be reached. 5.17 City Premises. Consultant’s employees and agents shall comply with all City rules and regulations while on City premises. 5.18 Removal of Employees. City may request Consultant immediately remove from assignment to the City any employee found unfit to perform duties at the City. Consultant shall comply with all such requests. 5.19 Licenses and Permits. Consultant shall, without additional expense to the City, be responsible for obtaining any necessary licenses, permits, certifications, accreditations, fees and approvals for complying with any federal, state, county, municipal, and other laws, codes, and regulations applicable to Agreement performance. This includes, but is not limited to, any laws or regulations requiring the use of licensed Consultants to perform parts of the work. ARTICLE VI INTELLECTUAL PROPERTY RIGHTS 6.0 Rights in Data. If, in connection with the services performed under this Agreement, Consultant or its employees, agents, or subcontractors, create artwork, audio recordings, blueprints, designs, diagrams, documentation, photographs, plans, reports, software, source code, specifications, surveys, system designs, video recordings, or any other original works of authorship, whether written or readable by machine (Deliverable Materials), all rights of Consultant or its subcontractors in the Deliverable Materials, including, but not limited to publication, and registration of copyrights, and trademarks in the Deliverable Materials, are the sole property of City. Consultant, including its employees, agents, and subcontractors, may not use any Deliverable Material for purposes unrelated to Consultant’s work on behalf of the City without prior written consent of City. Consultant may not publish or reproduce any Deliverable Materials, for purposes unrelated to Consultant’s work on behalf of the City, without the prior written consent of the City. 6.1 Intellectual Property Rights Assignment. For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of the Deliverable Materials created by Consultant or its employees, agents, or subcontractors, including copyrights, in connection with the services performed under this
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Agreement. Consultant shall promptly execute and deliver, and shall cause its employees, agents, and subcontractors to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the Deliverable Materials. Consultant also shall cooperate and assist in the prosecution of any action or opposition proceeding involving such intellectual property rights and any adjudication of those rights. 6.2 Consultant Works. Consultant Works means tangible and intangible information and material that: (a) had already been conceived, invented, created, developed or acquired by Consultant prior to the effective date of this Agreement; or (b) were conceived, invented, created, or developed by Consultant after the effective date of this Agreement, but only to the extent such information and material do not constitute part or all of the Deliverable Materials called for in this Agreement. All Consultant Works, and all modifications or derivatives of such Consultant Works, including all intellectual property rights in or pertaining to the same, shall be owned solely and exclusively by Consultant. 6.3 Subcontracting. In the event that Consultant utilizes a subcontractor(s) for any portion of the work that comprises the whole or part of the specified Deliverable Materials to the City, the agreement between Consultant and the subcontractor shall include a statement that identifies the Deliverable Materials as a “works for hire” as described in the United States Copyright Act of 1976, as amended, and that all intellectual property rights in the Deliverable Materials, whether arising in copyright, trademark, service mark or other forms of intellectual property rights, belong to and shall vest solely with the City. Further, the agreement between Consultant and its subcontractor shall require that the subcontractor, if necessary, shall grant, transfer, sell and assign, free of charge, exclusively to City, all titles, rights and interests in and to the Deliverable Materials, including all copyrights, trademarks and other intellectual property rights. City shall have the right to review any such agreement for compliance with this provision. 6.4 Intellectual Property Warranty and Indemnification. Consultant represents and warrants that any materials or deliverables, including all Deliverable Materials, provided under this Agreement are either original, or not encumbered, and do not infringe upon the copyright, trademark, patent or other intellectual property rights of any third party, or are in the public domain. If Deliverable Materials provided hereunder become the subject of a claim, suit or allegation of copyright, trademark or patent infringement, City shall have the right, in its sole discretion, to require Consultant to produce, at Consultant’s own expense, new non-infringing materials, deliverables or works as a means of remedying any claim of infringement in addition to any other remedy available to the City under law or equity. Consultant further agrees to indemnify, defend, and hold harmless the City, its officers, employees and agents from and against any and all claims, actions, costs, judgments or damages, of any type, alleging or threatening that any Deliverable Materials, supplies, equipment, services or works provided under this Agreement infringe the copyright, trademark, patent or other intellectual property or proprietary rights of any third party (Third Party Claim of Infringement). If a Third Party Claim of Infringement is threatened
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or made before Consultant receives payment under this Agreement, City shall be entitled, upon written notice to Consultant, to withhold some or all of such payment. 6.5 Software Licensing. Consultant represents and warrants that the software, if any, as delivered to City, does not contain any program code, virus, worm, trap door, back door, time or clock that would erase data or programming or otherwise cause the software to become inoperable, inaccessible, or incapable of being used in accordance with its user manuals, either automatically, upon the occurrence of licensor-selected conditions or manually on command. Consultant further represents and warrants that all third party software, delivered to City or used by Consultant in the performance of the Agreement, is fully licensed by the appropriate licensor. 6.6 Publication. Consultant may not publish or reproduce any Deliverable Materials, for purposes unrelated to Consultant’s work on behalf of the City without prior written consent from the City. 6.7 Royalties, Licenses, and Patents. Unless otherwise specified, Consultant shall pay all royalties, license, and patent fees associated with providing services under this Agreement. Consultant warrants that any goods, materials, supplies, and equipment to be supplied do not infringe upon any patent, trademark, or copyright, and further agrees to defend any and all suits, actions and claims for infringement that are brought against the City, and to defend, indemnify and hold harmless the City, its elected officials, officers, and employees from all liability, loss and damages, whether general, exemplary or punitive, suffered as a result of any actual or claimed infringement asserted against the City, Consultant, or those furnishing goods, materials, supplies, or equipment to Consultant under the Agreement. ARTICLE VII INDEMNIFICATION AND INSURANCE 7.0 Indemnification. To the fullest extent permitted by law, Consultant shall defend (with legal counsel reasonably acceptable to City), indemnify, protect, and hold harmless City and its elected officials, officers, employees, agents, and representatives (Indemnified Parties) from and against any and all claims, losses, costs, damages, injuries (including, without limitation, injury to or death of an employee of Consultant or its subcontractors), expense, and liability of every kind, nature and description (including, without limitation, incidental and consequential damages, court costs, and litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, any goods provided or performance of services under this Agreement by Consultant, any subcontractor, anyone directly or indirectly employed by either of them, or anyone that either of them control. Consultant’s duty to defend, indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or willful misconduct of the Indemnified Parties. 7.1 Insurance. Consultant shall not begin any performance under this Agreement until it has (1) provided City insurance certificates and endorsements reflecting evidence of all insurance and endorsements required and described herein; (2) obtained City approval of
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each insurance company or companies; and (3) confirmed that all policies contain the special provisions required herein. Consultant’s liabilities, including but not limited to Consultant’s indemnity obligations, under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. Maintenance of specified insurance coverage is a material element of this Agreement, and Consultant’s failure to maintain or renew coverage or to provide evidence of renewal during the term of this Agreement may be treated by City as a material breach of Agreement. City reserves the right to require Consultant to submit copies of any policy upon reasonable request by City. 7.1.1 All policies shall include, and the insurance certificates shall reflect, a 30-day non-cancellation clause that provides thirty (30) days written notice by certified mail to City prior to any material change or cancellation of any of said policies. 7.1.2 Consultant shall not modify any policy or endorsement thereto which increases City's exposure to loss for the duration of this Agreement. 7.1.3 Consultant shall maintain insurance coverage at its own expense as follows: 7.1.3.1 Commercial General Liability. Commercial General Liability (CGL) insurance written on an ISO Occurrence form CG 00 01 07 98 or an equivalent form providing coverage at least as broad which shall cover liability arising from any and all bodily injury, personal injury, advertising injury or property damage in the amount of $1 million per occurrence and subject to an annual aggregate of $2 million. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured claims or contractual liability. All defense costs shall be outside the limits of the policy. 7.1.3.2 Commercial Automobile Liability. For all of Consultant’s automobiles including owned, hired and non-owned automobiles, Consultant shall keep in full force and effect, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of $1 million per occurrence. The insurance certificate shall reflect coverage for any automobile (any auto). 7.1.3.3 Workers' Compensation. For all of Consultant's employees who are subject to this Agreement and to the extent required by the applicable state or federal law, Consultant shall keep in full force and effect, a Workers’ Compensation policy. That policy shall provide a minimum of $1 million of employer’s liability coverage, and Consultant shall provide an endorsement that the insurer waives the right of subrogation against City and its respective elected officials, officers, employees, agents, and representatives. 7.1.3.4 Professional Liability. Consultant shall obtain Professional Liability
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coverage with limits of at least $1 million per occurrence and $2 million aggregate, covering the risk of errors and omissions, negligent acts and costs of claims/litigation, including investigation and court costs. If the coverage is written on a “claims-made” form, Consultant must ensure that the policy retroactive date is before the date of the Agreement is awarded, that coverage is maintained during the duration of performance of the Agreement or the Agreement period (whichever is longer) and the policy has a reporting period or run-off provision of at least three (3) years following completion or termination of the performance of professional services under this Agreement. 7.1.4 Deductibles. All deductibles or retentions on any policy shall be the sole responsibility of Consultant and shall be disclosed to City at the time the evidence of insurance is provided. 7.1.5 Acceptability of Insurers. Except for the State Compensation Insurance Fund, all insurance required by this Agreement, shall only be carried by insurance companies with a current rating of at least “A-, VI” by A.M. Best Company that are authorized by the California Insurance Commissioner to do business in the State of California, and that have been approved by City. 7.1.5.1 City will accept insurance provided by non-admitted, “surplus lines” carriers only if the carrier is authorized to do business in the State of California and is included on the List of Approved Surplus Lines Insurers (LASLI list). All policies of insurance carried by non-admitted carriers are subject to all of the requirements for policies of insurance provided by admitted carriers described herein. 7.1.6 Required Endorsements. The following endorsements to the policies of insurance are required to be provided to City before any performance is initiated under this Agreement: 7.1.6.1 Commercial General Liability Insurance Endorsements. 7.1.6.1.1 Additional Insured. To the fullest extent allowed by law, including but not limited to California Insurance Code section 11580.04, the policy or policies must be endorsed to include as an insured City of San Bernardino and its respective elected officials, officers, employees, agents and representatives with respect to liability arising out of (a) ongoing operations performed by you or on your behalf, (b) your products, (c) your work, including but not limited to your completed operations performed by you or on your behalf, or (d) premises owned, leased, controlled or used by you. 7.1.6.1.2 Primary and Non-contributory Coverage. The policy or policies must be endorsed to provide that the insurance afforded by the Commercial General Liability policy or policies is primary to any
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insurance or self-insurance of City, its elected officials, officers, employees, agents and representatives as respects operations of the Named Insured. Any insurance maintained by City, its elected officials, officers, employees, agents and representatives shall be in excess of Consultant’s insurance and shall not contribute to it. 7.1.6.1.3 Severability of Interest. The policy or policies must be endorsed to provide that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability and shall provide cross-liability coverage. 7.1.6.2 Automobile Liability Insurance Endorsements. 7.1.6.2.1 Additional Insured. To the fullest extent allowed by law, including but not limited to California Insurance Code section 11580.04, the policy or policies must be endorsed to include as an insured City of San Bernardino and its respective elected officials, officers, employees, agents and representatives with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Consultant. 7.1.6.2.2 Primary and Non-contributory Coverage. The policy or policies must be endorsed to provide that the insurance afforded by the Automobile Liability policy or policies is primary to any insurance or self-insurance of City, its elected officials, officers, employees, agents and representatives as respects operations of the Named Insured. Any insurance maintained by City, its elected officials, officers, employees, agents and representatives shall be in excess of Consultant’s insurance and shall not contribute to it. 7.1.6.2.3 Severability of Interest. The policy or policies must be endorsed to provide that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability and shall provide cross-liability coverage. 7.1.6.3 Worker’s Compensation Insurance Endorsements. 7.1.6.3.1 Waiver of Subrogation. The Worker’s Compensation policy or policies must be endorsed to provide that the insurer will waive all rights of subrogation against City of San Bernardino, its elected officials, officers, employees, agents and representatives for losses paid under the terms of this policy or these policies which arise from work performed by the Named Insured for City. 7.1.6.3.2 Reservation of Rights. City reserves the right, from time to time, to review Consultant’s insurance coverage, limits, deductible,
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and self-insured retentions to determine if they are acceptable to City. City will reimburse Consultant for the cost of the additional premium for any coverage requested by City in excess of that required by this Agreement, without overhead, profit, or any other markup. 7.1.7 Additional Insurance. Consultant may obtain additional insurance not required by this Agreement. 7.1.8 Excess Insurance. All policies providing excess coverage to City shall follow the form of the primary policy or policies including but not limited to all endorsements. ARTICLE VIII CITY REQUIREMENTS 8.0 City Policies. By signing this Agreement, Consultant certifies that Consultant is aware of, and will comply with, these policies throughout the duration of the Agreement. Consultant shall ensure that this language is included in Agreements between Consultant and any Subcontractors, vendors and suppliers. 8.1 Drug-Free Workplace. Consultant shall comply with City’s Drug-Free Workplace requirements. 8.2 Americans with Disabilities Act (ADA) and State Access Laws and Regulations. Consultant shall comply with all accessibility requirements under the ADA and under Title 24 of the California Code of Regulations (Title 24). When a conflict exists between the ADA and Title 24, Consultant shall comply with the most restrictive requirement (i.e., that which provides the most access). 8.3 Non-Discrimination. Consultant shall not discriminate on the basis of race, gender, gender expression, gender identity, religion, national origin, ethnicity, sexual orientation, age, or disability in the solicitation, selection, hiring or treatment of subcontractors, vendors or suppliers. Consultant shall provide equal opportunity for subcontractors to participate in subcontracting opportunities. Consultant understands and agrees that violation of this clause shall be considered a material breach of the Agreement and may result in Agreement termination, debarment, or other sanctions. Consultant shall ensure that this language is included in Agreements between Consultant and any subcontractors, vendors and suppliers. 8.4 Business Registration Certificate. Any company doing business with the City of San Bernardino is required to obtain a Business Registration Certificate and to provide a copy of its Business Registration Certificate to the City before an Agreement is executed. ARTICLE IX CONFLICTS OF INTEREST AND VIOLATIONS OF LAW 9.0 Conflict of Interest Laws. Consultant is subject to all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement
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practices including, but not limited to, California Government Code sections 1090, et. seq. and 81000, et. seq. City may determine that Consultant must complete one or more statements of economic interest disclosing relevant financial interests. Upon City’s request, Consultant shall submit the necessary documents to City. 9.1 Consultant’s Responsibility for Employees and Agents. Consultant is required to establish and make known to its employees and agents appropriate safeguards to prohibit employees from using their positions for a purpose that is, or that gives the appearance of being, motivated by the desire for private gain for themselves or others, particularly those with whom they have family, business or other relationships. 9.2 Consultant’s Financial or Organizational Interests. In connection with any task, Consultant shall not recommend or specify any product, supplier, or Consultant with whom Consultant has a direct or indirect financial or organizational interest or relationship that would violate conflict of interest laws, regulations, or policies. 9.3 Certification of Non-Collusion. Consultant certifies that: (1) Consultant’s bid or proposal was not made in the interest of or on behalf of any person, firm, or corporation not identified; (2) Consultant did not directly or indirectly induce or solicit any other bidder or proposer to put in a sham bid or proposal; (3) Consultant did not directly or indirectly induce or solicit any other person, firm or corporation to refrain from bidding; and (4) Consultant did not seek by collusion to secure any advantage over the other bidders or proposers. 9.4 Hiring City Employees. This Agreement shall be unilaterally and immediately terminated by City if Consultant employs an individual who within the twelve (12) months immediately preceding such employment did in his/her capacity as a City officer or employee participate in negotiations with or otherwise have an influence on the selection of Consultant. ARTICLE X DISPUTE RESOLUTION 10.0 Mediation. If a dispute arises out of or relates to this Agreement and cannot be settled through normal Agreement negotiations, Consultant and City shall use mandatory non-binding mediation before having recourse in a court of law. 10.1 Selection of Mediator. A single mediator that is acceptable to both parties shall be used to mediate the dispute. The mediator will be knowledgeable in the subject matter of this Agreement, if possible. 10.2 Expenses. The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the mediation, including required traveling and other expenses of the mediator, and the cost of any proofs or expert advice produced at the direct request of the mediator, shall be borne equally by the parties, unless they agree otherwise. 10.3 Conduct of Mediation Sessions. Mediation hearings will be conducted in an informal
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manner and discovery will not be allowed. The discussions, statements, writings and admissions will be confidential to the proceedings (pursuant to California Evidence Code sections 1115 through 1128) and will not be used for any other purpose unless otherwise agreed by the parties in writing. The parties may agree to exchange any information they deem necessary. Both parties shall have a representative attend the mediation who is authorized to settle the dispute, though City's recommendation of settlement may be subject to the approval of the Mayor and City Council. Either party may have attorneys, witnesses or experts present. 10.4 Mediation Results. Any agreements resulting from mediation shall be memorialized in writing. The results of the mediation shall not be final or binding unless otherwise agreed to in writing by the parties. Mediators shall not be subject to any subpoena or liability, and their actions shall not be subject to discovery. ARTICLE XI MANDATORY ASSISTANCE 11.0 Mandatory Assistance. If a third party dispute or litigation, or both, arises out of, or relates in any way to the services provided to the City under the Agreement, Consultant , its agents, officers, and employees agree to assist in resolving the dispute or litigation upon City’s request. Consultant’s assistance includes, but is not limited to, providing professional consultations, attending mediations, arbitrations, depositions, trials or any event related to the dispute resolution and/or litigation. 11.1 Compensation for Mandatory Assistance. City will compensate Consultant for fees incurred for providing Mandatory Assistance. If, however, the fees incurred for the Mandatory Assistance are determined, through resolution of the third party dispute or litigation, or both, to be attributable in whole, or in part, to the acts or omissions of Consultant, its agents, officers, and employees, Consultant shall reimburse City for all fees paid to Consultant, its agents, officers, and employees for Mandatory Assistance. 11.2 Attorneys’ Fees Related to Mandatory Assistance. In providing City with dispute or litigation assistance, Consultant or its agents, officers, and employees may incur expenses and/or costs. Consultant agrees that any attorney fees it may incur as a result of assistance provided under Section 11.0 are not reimbursable. ARTICLE XII MISCELLANEOUS PROVISIONS 12.0 Headings. All headings are for convenience only and shall not affect the interpretation of this Agreement. 12.1 Non-Assignment. Consultant may not assign the obligations under this Agreement, whether by express assignment or by sale of the company, nor any monies due or to become due under this Agreement, without City’s prior written approval. Any assignment in violation of this paragraph shall constitute a default and is grounds for termination of this Agreement at the City’s sole discretion. In no event shall any putative assignment create a
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contractual relationship between City and any putative assignee. 12.2 Independent Contractors. Consultant and any subcontractors employed by Consultant are independent contractors and not agents of City. Any provisions of this Agreement that may appear to give City any right to direct Consultant concerning the details of performing the services, or to exercise any control over performance of the Agreement, shall mean only that Consultant shall follow the direction of City concerning the end results of the performance. 12.3 Subcontractors. All persons assigned to perform any work related to this Agreement, including any subcontractors, are deemed to be employees of Consultant, and Consultant shall be directly responsible for their work. 12.4 Covenants and Conditions. All provisions of this Agreement expressed as either covenants or conditions on the part of City or Consultant shall be deemed to be both covenants and conditions. 12.5 Compliance with Controlling Law. Consultant shall comply with all applicable local, state, and federal laws, regulations, and policies. Consultant’s act or omission in violation of applicable local, state, and federal laws, regulations, and policies is grounds for Agreement termination. In addition to all other remedies or damages allowed by law, Consultant is liable to City for all damages, including costs for substitute performance, sustained as a result of the violation. In addition, Consultant may be subject to suspension, debarment, or both. 12.6 Governing Law. The Agreement shall be deemed to be made under, construed in accordance with, and governed by the laws of the State of California without regard to the conflicts or choice of law provisions thereof. 12.7 Venue. The venue for any suit concerning solicitations or the Agreement, the interpretation of application of any of its terms and conditions, or any related disputes shall be in the Superior Court for the State of California, County of San Bernardino. 12.8 Successors in Interest. This Agreement and all rights and obligations created by this Agreement shall be in force and effect whether or not any parties to the Agreement have been succeeded by another entity, and all rights and obligations created by this Agreement shall be vested and binding on any party’s successor in interest. 12.9 No Waiver. No failure of either City or Consultant to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect without respect to any existing or subsequent breach. 12.10 Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid,
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or illegal. 12.11 Drafting Ambiguities. The parties acknowledge that they have the right to be advised by legal counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether to seek advice of legal counsel with respect to this Agreement is the sole responsibility of each party. This Agreement shall not be construed in favor of or against either party by reason of the extent to which each party participated in the drafting of the Agreement. 12.12 Amendments. Neither this Agreement nor any provision hereof may be changed, modified, amended or waived except by a written agreement executed by duly authorized representatives of City and Consultant. Any alleged oral amendments have no force or effect. 12.13 Conflicts between Terms. If this Agreement conflicts with an applicable local, state, or federal law, regulation, or court order, the applicable local, state, or federal law, regulation, or court order shall control. Varying degrees of stringency among the main body of this Agreement, the exhibits or attachments, and laws, regulations, or orders are not deemed conflicts, and the most stringent requirement shall control. Each party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement. 12.14 Survival of Obligations. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with this Agreement, as well as all continuing obligations indicated in this Agreement, shall survive, completion and acceptance of performance and termination, expiration or completion of the Agreement. 12.15 Confidentiality of Services. All services performed by Consultant, and any subcontractors if applicable, including but not limited to all drafts, data, information, correspondence, proposals, reports of any nature, estimates compiled or composed by Consultant, are for the sole use of City, its agents, and employees. Neither the documents nor their contents shall be released by Consultant or any subcontractor to any third party without the prior written consent of City. This provision does not apply to information that: (1) was publicly known, or otherwise known to Consultant, at the time it was disclosed to Consultant by City; (2) subsequently becomes publicly known through no act or omission of Consultant; or (3) otherwise becomes known to Consultant other than through disclosure by City. 12.16 Insolvency. If Consultant enters into proceedings relating to bankruptcy, whether voluntary or involuntary, Consultant agrees to furnish, by certified mail or electronic commerce method authorized by the Agreement, written notification of the bankruptcy to the City. This notification shall be furnished within five (5) days of the initiation of the proceedings relating to bankruptcy filing. This notification shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a listing of City Agreements against which final payment has not been made. This obligation remains in effect until final payment is made under this Agreement. 12.17 No Third Party Beneficiaries. Except as may be specifically set forth in this
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Agreement, none of the provisions of this Agreement are intended to benefit any third party not specifically referenced herein. No party other than City and Consultant shall have the right to enforce any of the provisions of this Agreement. 12.18 Actions of City in its Governmental Capacity. Nothing in this Agreement shall be interpreted as limiting the rights and obligations of City in its governmental or regulatory capacity. 12.19 Counterparts. This Agreement may be executed in counterparts, which when taken together shall constitute a single signed original as though all Parties had executed the same page. [Signature Page Follows]
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IN WITNESS WHEREOF, this Agreement is executed by City and Consultant acting by and through their authorized officers. CITY OF SAN BERNARDINO CONSULTANT Date: ___________ _____, 2019 Date: ______________ _____ , 2019 _________________________________ Signed:_______________________________ Andrea M. Miller, City Manager Printed Name: ________________________ Title: _________________________________ ATTEST: By: _______________________________ Georgeann Hanna, City Clerk APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: ______________________________
Signature Page Consultant Services Agreement Community Works Design Group
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1
DETAILED SCOPE OF SERVICES
We have divided the Description of Services into three sections:
Task One - Program Organization
Task Two - Community Outreach and Public Participation
Task Three - Draft & Final Parkland, Facilities Assessment Plan
TASK ONE - Program Organization
Objectives:
• To refi ne the scope of services;
• To establish a schedule of meetings and deadlines;
• To receive pertinent documents and base map materials;
• To establish a point of contact with the appropriate City divisions;
• To refi ne goals and objectives of the study;
• To establish the members of the client-consultant team and their responsibilities.
Products/
Deliverables:
• Refi ned work plan - within 5 days;
• Refi ned schedule of meetings;
• Technical memorandum summarizing the above and the overall City goals + objectives.
A. Program Initiation Meeting
We will meet with the City staff to refi ne the work plan and prepare a detailed schedule of
meetings, reviews, and submittals. At this meeting, we will obtain pertinent documents and
base information including the items listed below:
1. Base map information.
2. Aerial photographs - GIS information.
3. General plan elements and any supplemental plans from the City
4. Park and recreation facility plans and programs (Similar Cities and Operations)
5. Names of appropriate contacts for the City.
B. City Review Procedures
At the same meeting, we will obtain City staff direction regarding the periodic reviews to
take place during the course of the study. We will organize the selection of the community
representatives and the community participation formats.
PROFESSIONAL CONSULTING SERVICES FOR:
DELMANN HEIGHTS FACILITIES AND PARKLAND ASSESSMENT (SS19-008)
FEBRUARY 5, 2019
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2
TASK TWO - Inventory and Assessment
Objectives:
• To develop a quantitative and qualitative inventory and analysis of the types, condition,
utilization, and public perception of existing facilities and programs.
Products/Deliverables:
• Delmann Heights service area base map - Site plans/maps of project area;
• Existing facilities/program inventory (text and maps);
• General recreation standards;
• Future/Proposed project analysis;
• General recreation standards;
• City Staff and Focus Group Participation/Assessment;
• Financial Analysis of Revenue/Cost projections;
• Identify “Dead Horses”;
• Assess Budget for Feasible Renovation and Expansion;
• Capital Improvement Program/Financial Analysis for Existing and New Recreation
programs and facilities with cost projections;
• Task Two summary report.
A. Inventory Existing Facilities and Programs
Utilizing available GIS data, existing maps, staff interviews, and in-fi eld observations, we will
review the existing facilities and programs to determine:
1. Types and numbers of facilities and programs;
2. City responsibilities;
3. Conditions of facilities;
4. ADA Update - Overview of plans, programs and facilities;
5. Utilization of facilities and programs;
6. Opportunities and constraints of facilities;
B. Park and Recreation Development Trends of Similar Cities/Agencies
Our consultant team will apply recreation participation rates and travel time parameters
developed by the State of California to defi ne existing and projected population base basic
demand levels for various recreation activities and facilities. We will also review and assess all of
the existing in regards to how they are being utilized and how they might be re-organized and/
or updated.
PROFESSIONAL CONSULTING SERVICES FOR:
DELMANN HEIGHTS FACILITIES AND PARKLAND ASSESSMENT (SS19-008)
FEBRUARY 5, 2019
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3
C. City Demographics (Current and Projected)
We will verify and project population and key demographic variables for the City service area.
This process will include:
1. Review of data regarding the City’s and surrounding area’s current population base.
D. General Parks and Recreation Needs (Current and Projected)
Based upon the developed demand estimates and the defi ned normal criteria and standards, as
well as our consultant team’s collective professional experience, we will identify any defi ciencies
and surpluses in the existing and planned park and recreation facilities and programs.
E. Community Engagement Plan
Following the project kick off meeting, the consultant team will prepare a Community
Engagement Plan. The Plan will include elements necessary for the team and City staff to ensure
active public engagement in park assessment through developing an outreach and participation
program for residents and stakeholders. The Plan will incorporate stakeholder analysis, an
outreach program, a communications plan, roles and responsibilities, and a calendar.
E.1 Focus Groups
The Focus Group is important to engaging key stakeholders and user groups in the community.
The consultant team will conduct a meeting with the Focus Group with community leaders to
ensure that a broad range of perspectives are integrated into the outreach process. We will work
with City staff to develop a diverse list of participants that refl ect and engage community members
and users of the park and craft targeted questions or activities to establish an understanding of
recreation priorities, key issues, and common concerns.
The results of the Focus Group meetings will inform the development of the park assessment and
strategic plan. We will also invite the Focus Group participants to play an active role throughout
the process as project ambassadors by helping to educate community members about the project
and participation opportunities and to build relationship with community organizations and
leverage their direct relationships with constituents to obtain input needed for the parkland
assessment.
Deliverables:
- Summary of stakeholder interviews
- Focus Group meeting notes
PROFESSIONAL CONSULTING SERVICES FOR:
DELMANN HEIGHTS FACILITIES AND PARKLAND ASSESSMENT (SS19-008)
FEBRUARY 5, 2019
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4
E.2 Schematic Planning
Our team proposes develop three (3) Schematic Plans to present at the Community Workshops
based on the Focus Group and City Staff input as well as the review and inventory of the existing
facilities.
Deliverables:
- Existing map of the park site with photo inventory
- Three Color Schematic Plans
E.3 Workshop
Engaging the community in assessing the needs for the Delmann Heights Park and Community
Center is imperative for a successful project. Our team proposes hosting a two workshops at
the Community Center or local Elementary School using hands-on activities to engage the
community in identifying what they would like to see in their local park.
The three Schematic Plans will be presented to the community at these meetings. Community
input and voting will be noted with the goal to “funnel” the three Schematic Park plans down to
one Preliminary Plan that will then be presented at the Parks and Recreation and Community
Services Commission meeting for additional community input and commission comment.
Deliverables:
- Schematic Color Plans
- Workshop materials and supplies
- Summary of stakeholder and community meeting input
F. Design Team and Staff Meeting
We will conduct a meeting with the City staff to review the information gained and seek
discussion to determine the preliminary goals and objectives for the study. A review of the
public input meeting input, schedule and agenda will be conducted and revisions will be made
as needed.
G. Operational Assessment
Our team will prepare a complete evaluation of all of the park facilities, including the Community
Center as well as anticipating future uses and programs as a result of the community surveys
and public participation forums. We will also include the compilation of fi nancial analysis of
existing programs as well as the option of new programs and present revenue/cost projections
for all existing and potential new programs.
PROFESSIONAL CONSULTING SERVICES FOR:
DELMANN HEIGHTS FACILITIES AND PARKLAND ASSESSMENT (SS19-008)
FEBRUARY 5, 2019
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H. Physical Asset Assessment
Another aspect that we have included in our Assessment Plan is to review the “physical” assets
of Delmann Heights Park and evaluate and review the necessity for repairs and or replacements.
Our team will inventory the grounds, infrastructure and facilities with City staff and develop a
priority list of projects which should be considered in the fi ve, ten, and fi fteen year time frame.
We will assign design and construction costs to these items as well.
I. Preliminary Park Design
We will funnel our synthesis and inventory into the preparation of the Preliminary Park Design
that maximize “green” opportunities while maintaining the integrity and overall goals of the park
design. We will utilize 3-dimensional graphics (example included) in addition to conventional
plan views to help ease the understanding of scale and amenity layout for the Community.
Based on all of the input from the Focus Group, community meetings and from City staff, we will
develop and present the Preliminary Plan and renderings to present to City Staff and then to the
Community at the Commission meeting.
Complete Conceptual Cost Estimates will be prepared for the park and all facilities. We will
work with staff to develop various Phasing Options and a fi ve (5) year Implementation Program
to present to the Community, Commissions and City Council.
We will present the Final Master Plan, Phasing Plans and Master Plan Reports to the Parks,
Recreation and Community Services Commission and the full City Council for all approvals.
J. Summary Report
We will summarize all data and comments obtained for presentation to the Community, City
Commissions and City Council. Technical and more lengthy information will be included as
an appendix to allow for reference. Report will be submitted to City staff for distribution and
review.
H. Physical Asset Assessment
Another aspect that we have included in our Assessment Plan is to review the “physical” assets
of Delmann Heights Park and evaluate and review the necessity for repairs and or replacements.
Our team will inventory the grounds, infrastructure and facilities with City staff and develop a
priority list of projects which should be considered in the fi ve, ten, and fi fteen year time frame.
We will assign design and construction costs to these items as well.
I. Preliminary Park Design
We wi ll funnel our synthesis and inventory into the preparation of the Preliminary Park Design
that maximize “green” opportunities while maintaining the integrity and overall goals of t he park
design. We will utilize 3-dimensional graphics (example included) in addition to conventional
plan views to help ease the understanding of scale and amenity layout for the Community.
Based on all o f t he input from the Focus Group, community meetings and from City staff, we will
develop and present the Preliminary Plan and renderings to present to City Staff and then to the
Community at the Commission meeting.
Complete Conceptual Cost Estimates will be prepared for the park and all facilities. We will
work with staff to develop various Phasing Options and a fi ve (5) year Implementation Program
to present to the Community, Commissions and City Council.
We wi ll present the Final Master Plan, Phasing Plans and Master Plan Reports to the Parks,
Recreation and Community Services Commission and the full City Council for all approvals.
J. Summary Report
We wi ll summarize all data and comments obtained for presentation to the Community, City
Commissions and City Council. Technical and more lengthy information will be included as
an appendix to allow for reference. Report will be submitted to City staff for distribution and
review.
5
PROFESSIONAL CONSULTING SERVICES FOR:
DELMANN HEIGHTS FACILITIES AND PARKLAND ASSESSMENT (SS19-008)
FEBRUARY 5, 2019
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Packet Pg. 235 Attachment: PW.Delmann Park Assessment - Refined Scope of Work (3) (5990 : Agreement for Facilities and Parkland Area Assessment of
Here is a 3-d rendering
showing a portion
of the final selected
concept for Frisbie Park
Expansion in Rialto,
overlayed onto an aerial
photo highlighting
existing areas to remain.
This type of composite
plan will show how
the park site interacts
with the surrounding
residences and
illustrates the before
and after concepts.
Here is a 3-d rendering
showing a portion
of the final selected
concept for Frisbie Park
Expansion in Rialto,
overlayed onto an aerial
photo highlighting
existing areas to remain.
This type of composite
plan will show how
the park site interacts
with the surrounding
residences and
illustrates the before
and after concepts.
6
PROFESSIONAL CONSULTING SERVICES FOR:
DELMANN HEIGHTS FACILITIES AND PARKLAND ASSESSMENT (SS19-008)
FEBRUARY 5, 2019
TASK THREE - Draft and Final Delmann Heights Facilities and Park and/
Community Center Assessment
Objectives:
• To solicit fi nal review and comment;
• To prepare Draft Assessment;
• To present fi nal Assessment.
Products/Deliverables:
• Draft Assessment plan(ten copies plus and an electronic fi le)
• Final/Refi ned Assessment plan (ten full color copies - and an electronic copy).
• All written materials, graphics and data shall be delivered in paper, camera ready, and in
digital format consistent with the City’s software.
A. Meeting with City Staff & Community
We will meet with City staff and the community to review documents prepared in the prior tasks.
We will obtain comments and determine revisions where needed.
B. Developing Vision, Mission, and Goals and Objectives
With the information from our community meetings, focus groups and all stakeholder and staff
members we will be able to begin to establish and prioritize the goals and objectives for the fi ve year
plan and beyond. Several matrix’s will be developed which will highlight the various opportunities
and options to move forward with the consensus developed. Goals and Objectives will be clearly
laid out with an action plan which will mirror and match the Strategic Plan. Strategies will be
indicated to provide direction on “how do we get there” from where we are today. The fi ve year
Implementation Plan, including staff resources, will be clearly laid out in regards to accomplishing
specifi c tasks and specifi c priorities.
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C. Draft Park and Community Center Assessment
Based on comments obtained, we will prepare a draft Assessment Plan which will cover the
fi ve year time frame. We will submit the draft report to City staff for distribution and review.
All of the items noted above will be highlighted and presented with background information,
survey results, etc. including all support materials such as matrix’s graphs, charts, maps, etc.
We will then meet with City staff to review all of the materials prepared and provided.
D. Final Master Plan
Based on comments obtained from City staff, we will prepare a fi nal Delmann Heights Park and
Community Center Assessment Plan and submit to City staff for distribution.
E. Presentation of the Delmann Heights Park and Community Center Assessment Plan to
the Community, City Commissions and City Council.
We will present the fi nal Delmann Heights Park and Community Center Assessment Plan to
the Parks, Recreation and Community Services Commissions and City Council for fi nal action
and approval.
PROFESSIONAL CONSULTING SERVICES FOR:
DELMANN HEIGHTS FACILITIES AND PARKLAND ASSESSMENT (SS19-008)
FEBRUARY 5, 2019
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SCHEDULE OF PERFORMANCE
Community Works Design Group has various in-house practices to ensure that our team is
providing:
On time delivery
Projects in budget
Complete and accurate plans and specifi cation
In regards to on-time delivery, we hold our Monday morning staff meeting where every project
that is being worked on is discussed. The “hot” projects, or projects that we are actively working
on, are noted on our project board with information in regards to whom is the project manager
and assistant project manager, what tasks are due and when are they due and what staff will
be assisting that week to assure that the project stays on schedule and deadlines are met. The
project manager reports to the entire staff in regards to the needs and schedule of the project and
staff is delegated to the project for that week on an as-needed basis. The project manager also
sends out weekly e-mail updates to the entire consulting team in regards to up-coming deadlines
and proposed schedules for the month. We utilize Microsoft Project software to keep up-to-date
information for the entire team and to keep the client apprized of the project schedule.
As our fi rm specializes in park and recreation planning and various municipal projects, we
receive bids for several park and recreation and municipal projects on a regular basis. With
each bid received, we request “unit prices” be provided for every construction item. With this
current information in hand we can compare the averages of the unit prices with our in-house
cost estimate unit prices and adjust if necessary. This allows our team to accurately provide the
City with “real” construction phasing cost to align with the conceptual plan for development.
Our reputation is built on our timely completion of contractual obligations and our ability to
meet our clients’ needs. We take this very seriously and work to maintain promised schedules
and obligations. We have provided a Preliminary Schedule on the following page.
SCHEDULE OF PERFORMANCE
Community Wor ks Design Group has various in-house practices to ensure that our team is
providing:
On time delivery
Projects in budget
Complete and accurate plans and specifi cation
In regards to on-time delivery, we hold our Monday morning staff meeting where every project
that is being worked on is discussed. The “hot” projects, or projects that we are actively working
on, are noted on our project board with information in regards to whom is the project manager
and assistant project manager, what tasks are due and when are they due and what staff will
be assisting that week to assure that the project stays on schedule and deadlines are met. The
project manager reports to the entire staff in regards to the needs and schedule of t he project and
staff is delegated to the project for that week on an as-needed basis. The project manager also
sends out weekly e-mail updates to the entire consulting team in regards to up-coming deadlines
and proposed schedules for the month. We utilize Microsoft Project software to keep up-to-date
information for the entire team and to keep the client apprized of the project schedule.
As our fi rm specializes in park and recreation planning and various municipal projects, we
receive bids for several park and recreation and municipal projects on a regular basis. With
each bid received, we request “unit prices” be provided for every construction item. With this
current information in hand we can compare the averages of the unit prices with our in-house
cost estimate unit prices and adjust if necessary. This allows our team to accurately provide the
City with “real” construction phasing cost to align with the conceptual plan for development.
Our reputation is built on our timely completion of contractual obligations and our ability to
meet our clients’ needs. We ta ke this very seriously and work to maintain promised schedules
and obligations. We have provided a Preliminary Schedule on the following page.
8
PROFESSIONAL CONSULTING SERVICES FOR:
DELMANN HEIGHTS FACILITIES AND PARKLAND ASSESSMENT (SS19-008)
FEBRUARY 5, 2019
10.d
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9
PROFESSIONAL CONSULTING SERVICES FOR:
DELMANN HEIGHTS FACILITIES AND PARKLAND ASSESSMENT (SS19-008)
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d
Packet Pg. 239 Attachment: PW.Delmann Park Assessment - Refined Scope of Work (3) (5990 : Agreement for Facilities and Parkland Area Assessment of
FEE PROPOSAL
The following is our proposed fee to provide all work mentioned in the Scope of Work outline for
the Delmann Heights Park Facilities and Parkland Assessment.
Consultant Services Fee
Task 1. Program Organization $11,870.00
Task 2. Inventory and Assessment $68,295.00
Task 3. Draft and Final Park and Recreation Needs Assessment $39,070.00
NEGOTIABLE TOTAL FEE $119,235.00
FEE PROPOSAL
The following is our proposed fee to provide all wor k mentioned in the Scope of Wor k outline for
the Delmann Heights Park Facilities and Parkland Assessment.
Consultant Services Fee
Tas k 1. Program Org anization $11,870.00
Tas k 2. Inventory and Assessment $68,295.00
Task 3. Draft and Final Park and Recreation Needs Assessment $39,070.00$,
NEGOTIABLE TOTAL FEE $119,235.00
11
PROFESSIONAL CONSULTING SERVICES FOR:
DELMANN HEIGHTS FACILITIES AND PARKLAND ASSESSMENT (SS19-008)
FEBRUARY 5, 2019
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Packet Pg. 241 Attachment: PW.Delman Heights Map - Attachment 3 (5990 : Agreement for Facilities and Parkland Area Assessment of Delmann Heights Park
Consent Calendar
City of San Bernardino
Request for Council Action
Date: March 6, 2019
To: Honorable Mayor and City Council Members
From: Andrea M. Miller, City Manager
By: Miguel J. Guerrero, General Manager, Water Department
Cynthia Mouser, Director of Finance, Water Department
Subject: Comprehensive Annual Financial Report of the City of San
Bernardino Municipal Water Department for Fiscal Year Ended
June 30, 2018 (Receive and File Item Only)
Recommendation
Receive and file the audited Comprehensive Annual Financial Report of the Water
Department’s Water, Sewer, and Sewer Collection utilities for the fiscal year ended
June 30, 2018.
Background
Section 603(e) of the City of San Bernardino Charter requires that the Water Board
provide for an “annual, independent audit of all water and wastewater accounts" and
that “copies of all auditors’ reports shall be filed with the City Clerk and Council.”
The audit firm of Davis Farr, LLP completed the Water Department’s annual audit and
produced the attached Comprehensive Annual Financial Report (CAFR) for fiscal year
ended June 30, 2108. This report includes the financial statements, the Independent
Auditor’s Report, Management’s Discussion and Analysis, as well as a statistical section
containing historical information and data. The CAFR was presented to the City Water
Board at its February 12, 2019, regular meeting, and it was approved unanimously.
For the second straight year, the Water Department received the Government Finance
Officers Association Certificate of Achievement for Excellence in Financial Report for its
Fiscal Year 2016/2017 CAFR. The Certificate of Achievement is the highest form of
recognition in governmental accounting and financial reporting, and its attainment
represents a significant accomplishment for the Water Department.
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Fiscal Impact
There is no fiscal impact.
2018-2019 Goals and Objectives
The Water Department’s Comprehensive Annual Financial Report aligns with Goal No.
6 Operate in a Fiscally Responsible and Business-Like Manner.
Conclusion
Receive and file the Water Department’s Comprehensive Annual Financial Report for
fiscal year ended June 30, 2018.
Attachments
Attachment 1 Comprehensive Annual Financial Report of the City of San
Bernardino Municipal Water Department, Fiscal Year Ended June
30, 2018
Attachment 2 Water Board Staff Report and Presentation
Ward: N/A
Synopsis of Previous Council Actions:
Similar action is taken annually as required by the City Charter.
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Discussion
The Code Enforcement budget provides for contracts that conduct abatement services
that include securing and cleaning properties. The on call board-up and property
cleanup services are utilized by staff from Code Enforcement and the Police
Department for securing locations with broken windows or doors and dispensary board-
ups, the County Fire Department for structures within City limits, and for City Building
Inspectors. Currently, there are only two contractors who conduct abatements with
contracts in the amount of $100,000 and $75,000.
As of January 31, 2019, the Police Department has expended $141,497 of the $175,000
in authorized contract amounts. With an anticipated FY 2018/19 expenditure between
$275,000 and $300,000 for on call board-up services, staff is requesting to increase the
annual contract amount to $200,000 for each vendor. This would allow Code
Enforcement and other City staff to continue with increased enforcement efforts of the
City’s laws and ordinances.
San Bernardino Code Enforcement management was transferred to the San Bernardino
Police Department in January 2018. During the last calendar year there was a 26%
increase in Code Enforcement case closures. Code Enforcement is aggressively
working to respond to 9,665 average annual Code Enforcement requests. This increase
in productivity magnified the use of on- call board up and abatement services. In 2017,
Code Enforcement’s total revenue was $1,748,532. In 2018, under Police management,
the total revenue grew to $2,608,010. This is a 49% increase in overall revenue.
In order to maintain the City’s ability to effectively abate nuisances, the Department is
requesting an increase to the contract with Absolute Property Preservation and Brett
Carlson Construction in the amount of $200,000 per vendor. Staff is also seeking
approval to allow the two vendors an additional two years on the contracts extending
the single-year renewal option through June 2022. Each subsequent year, the
Agreement is for an amount not to exceed $200,000, respectively, subject to available
funding.
2018-19 Goals and Objectives
The increase to on call board-up and abatement service contracts aligns with Goal No.
2: Provide for the Safety of City Residents and Businesses. Board up and abatement
services utilize City programs to reduce crime and ensure that neighborhoods and
business areas are safe.
Fiscal Impact
The fiscal impact to the City in FY 2018/19 is $225,000. There is not sufficient funding
in the FY 2018/19 Adopted Budget. Police staff has requested a budget amendment
increase of $200,000 in the Mid-Year budget review, which is also on today’s agenda.
Approval of the mid-year budget amendment will ensure sufficient funding. Costs
associated with boarded up and/or abated property is billed to the property owner. If
timely payment is not received, a lien is recorded against the property. Over time, the
City fully recovers the property abatement costs.
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution No. 2019-34 of the Mayor and City Council of the City of
San Bernardino, California, authorizing the City Manager to execute the
Second Amendment to Contractor Services Agreements with Absolute
Property Preservation and Brett Carlson Construction, increasing the total for
each to $200,000 per year and extend the single-year renewal options
through June 2022 for on-call board up services; and
2. Authorize the Director of Finance to increase the Purchase Orders issued to
Absolute Property Preservation and Brett Carlson Construction to $200,000,
respectively.
Attachments
Attachment 1 Resolution; Exhibit A
Attachment 2 RFQ F19-16
Ward: All
Synopsis of Previous Council Actions:
On March 6, 2017, the Mayor and City Council adopted Resolution 2017-37, authorizing the
execution of Amendment Number One to the Contractor Service Agreements to Absolute Property
Preservation and Brett Carlson Construction increasing the compensation amounts to $100,000
and $75,000 respectively, and extending the term up to three additional years.
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Resolution No. 2019-34
RESOLUTION NO. 2019-34 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE
THE SECOND AMENDMENT TO THE CONTRACTOR
SERVICE AGREEMENTS WITH ABSOLUTE PROPERTY
PRESERVATION AND BRETT CARLSON
CONSTRUCTION, INCREASING THE TOTAL TO
$200,000.00 PER CONTRACTOR WITH THREE SINGLE-
YEAR RENEWAL OPTIONS THROUGH JUNE 30, 2022;
AND AUTHORIZING THE DIRECTOR OF FINANCE TO
INCREASE PURCHASE ORDERS TO ABSOLUTE
PROPERTY PRESERVATION AND BRETT CARLSON
CONSTRUCTION TO $200,000 EACH.
WHEREAS, The Community Development Block Grant requires awarded contract bids
be no more than 36 months old. The current contractor bid was awarded December 14, 2015.
Request for Quote F19-16 was published October 29, 2018; and
WHEREAS, two contractors, Absolute Property Preservation and Brett Carlson
Construction, responded to RFQ F19-16; both bids were from contractors currently working with
the City.
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 City Manager is hereby authorized and directed to execute the Second
Amendment to Contractor Service Agreements with Absolute Property Preservation and Brett
Carlson Construction, increasing the total for each agreement to $200,000 for FY2018/19 and
subsequent fiscal years with three single-year renewal options through June 30, 2022.
SECTION 3. The Director of Finance is hereby authorized to increase purchase orders
issued to Absolute Property Preservation and Brett Carlson Construction to $200,000 per
contractor.
SECTION 4. That the 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.
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Resolution No. 2019-34
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 ___ day of __________, 2019.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, MMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
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Resolution No. 2019-34
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2019 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
VACANT _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2019.
______________________________
Georgeann Hanna, MMC, City Clerk
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AMENDMENT NUMBER TWO TO CONTRACTOR SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA, AND ABSOLUTE
PROPERTY PRESERVATION FOR ON-CALL BOARD-UP AND ABATEMENT
SERVICES
THIS AMENDMENT NUMBER TWO TO AGREEMENT is made and entered into this
_____day of __________2019 (“Effective Date”), by and between the City of San
Bernardino, California, (“CITY”), and Absolute Property Preservation
(“CONTRACTOR”).
WITNESSETH:
WHEREAS, CITY and CONTRACTOR entered into the Original Agreement on
December 14, 2015; and
WHEREAS, CITY and CONTRACTOR amended the Original Agreement on March 28,
2017, increasing the total annual compensation and extending the term; and
WHEREAS, the CONTRACTOR is one of two contractors selected from Request for
Quote F-19-16 published on October 29, 2018; and
WHEREAS, CITY and CONTRACTOR seek to amend the Original Agreement and
Amendment Number One by increasing the total annual compensation and extending the term of
the agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1. Section 1.1 Scope of Services. For the remunerations stipulated, the Scope of
Services should be as indicated in RFQ F-19-16 attached hereto as Attachment “2”
and incorporated herein by this reference. If a conflict arises between the Scope of
Services and this Contractor Services Agreement (hereinafter “Agreement”), the
terms of the Agreement shall govern.
2. Section 2.1 Compensation. Agreement is hereby amended to increase the total
amount of the Agreement to a total of $200,000 annually.
3. Section 2.3 Method of Billing. CONTRACTOR shall submit invoices to CITY within
five (5) calendar days of completing CONTRACTOR’S services for approval. Said
invoice shall be based on the total of all CONTRACTOR’s services which have been
completed to CITY’s sole satisfaction. CITY shall pay CONTRACTOR’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
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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.
4. Section 3.1 Term. Agreement is hereby amended to continue through June 30, 2019,
plus three (3) single-year renewal options, on a year-to-year basis with written notice
from the City prior to June 1 of the preceding year, unless the Agreement is
previously terminated as provided.
5. Except for the changes specifically set forth herein, all other terms and conditions of
the Agreement shall remain in full force and effect.
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AMENDMENT NUMBER TWO TO CONTRACTOR SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA, AND ABSOLUTE
PROPERTY PRESERVATION FOR ON-CALL BOARD-UP AND ABATEMENT
SERVICES
IN WITNESS THEREOF, the parties hereto have caused the Amendment Number Two
to be executed by and through their respective authorized officers, as of the date first above
written.
Dated:___________________, 2019 VENDOR.
By:______________________________
Its:______________________________
Dated:___________________, 2019 CITY OF SAN BERNARDINO
By:______________________________
Andrea M. Miller, City Manager
Approved as to Form:
Gary Saenz, City Attorney
By:_______________________
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AMENDMENT NUMBER TWO TO CONTRACTOR SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA, AND BRETT
CARLSON CONSTRUCTION FOR ON-CALL BOARD-UP AND ABATEMENT
SERVICES
THIS AMENDMENT NUMBER TWO TO AGREEMENT is made and entered into this
_____day of __________2019 (“Effective Date”), by and between the City of San
Bernardino, California, (“CITY”), and Brett Carlson Construction (“CONTRACTOR”).
WITNESSETH:
WHEREAS, CITY and CONTRACTOR entered into the Original Agreement on
December 14, 2015; and
WHEREAS, CITY and CONTRACTOR amended the Original Agreement on March 28,
2017, increasing the total annual compensation and extending the term; and
WHEREAS, the CONTRACTOR is one of two contractors selected from Request for
Quote F-19-16 published on October 29, 2018; and
WHEREAS, CITY and CONTRACTOR seek to amend the Original Agreement and
Amendment Number One by increasing the total annual compensation and extending the term of
the agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
6. Section 1.1 Scope of Services. For the remunerations stipulated, the Scope of
Services should be as indicated in RFQ F-19-16 attached hereto as Attachment “2”
and incorporated herein by this reference. If a conflict arises between the Scope of
Services and this Contractor Services Agreement (hereinafter “Agreement”), the
terms of the Agreement shall govern.
7. Section 2.1 Compensation. Agreement is hereby amended to increase the total
amount of the Agreement to a total of $200,000 annually.
8. Section 2.3 Method of Billing. CONTRACTOR shall submit invoices to CITY within
five (5) calendar days of completing CONTRACTOR’S services for approval. Said
invoice shall be based on the total of all CONTRACTOR’s services which have been
completed to CITY’s sole satisfaction. CITY shall pay CONTRACTOR’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
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Agreement shall be designated as “Additional Services” and shall identify the number
of the authorized change order, where applicable, on all invoices.
9. Section 3.1 Term. Agreement is hereby amended to continue through June 30, 2019,
plus three (3) single-year renewal options, on a year-to-year basis with written notice
from the City prior to June 1 of the preceding year, unless the Agreement is
previously terminated as provided.
10. Except for the changes specifically set forth herein, all other terms and conditions of
the Agreement shall remain in full force and effect.
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AMENDMENT NUMBER TWO TO CONTRACTOR SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA AND BRETT
CARLSON CONSTRUCTION FOR ON-CALL BOARD-UP AND ABATEMENT
SERVICES
IN WITNESS THEREOF, the parties hereto have caused the Amendment Number Two
to be executed by and through their respective authorized officers, as of the date first above
written.
Dated:___________________, 2019 VENDOR.
By:______________________________
Its:______________________________
Dated:___________________, 2019 CITY OF SAN BERNARDINO
By:______________________________
Andrea M. Miller, City Manager
Approved as to Form:
Gary Saenz, City Attorney
By:_______________________
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2018-19 Goals and Objectives
The purchase of vehicles to replace outdated fleet surveillance vehicles aligns with Goal
No. 5: Improve City Government Operations: evaluate operations and performance
through investment in the resources, technology and tools needed to continually
improve organizational efficiency and effectiveness.
Fiscal Impact
The financial impact to the City is $60,000. There is sufficient funding in the FY2018/19
Adopted Budget in account number 108-210-0082*5701.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2019-35 authorizing the Director of Finance to increase
the Purchase Order to Fairview Ford Sales, Inc., in an amount not to exceed
$782,000.00.
Attachments
Attachment 1 Resolution
Attachment 2 Bid# IFB F-19-29
Ward:
Synopsis of Previous Council Actions:
On September 19, 2018, the Mayor and City Council adopted Resolution 2018-270 authorizing the
issuance of a Purchase Order to Fairview Ford in the amount of $722,000 for 26 police vehicles.
On March 21, 2018, the Mayor and City Council authorized the issuance of purchase order to
Fairview Ford for the purchase of preowned vehicles for the Police Department.
On 12/6/17, the Mayor and City Council adopted Resolution 2017-235 authorizing the issuance of
a Purchase Order to Fairview Ford Sales Inc. in the amount of $860,000 for 23 police vehicles.
On 2/21/17, the Mayor and City Council adopted Resolution 2017-16 authorizing the issuance of a
Purchase Order to Fairview Ford Sales Inc. in the amount of $813,540 for 28 police vehicles
On 10/9/14, the Mayor and Common Council adopted Resolution 2014-357 authorizing the
issuance of a Purchase Order to Fairview Ford Sales Inc. in the amount of $117,000 for 4 police
vehicles.
3/1/2019 8:04 AM
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Resolution No. 2019-35
RESOLUTION NO. 2019-35 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE DIRECTOR OF FINANCE TO
INCREASE THE PURCHASE ORDER TO FAIRVIEW
FORD SALES, INC., IN AN AMOUNT NOT TO EXCEED
$782,000
WHEREAS, The City published Request for Quote #IFB F-19-29 on January 10, 2019,
for three used vehicles; and
WHEREAS, Fairview Ford Sales, Inc., was the only qualified bidder.
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. That the Director of Finance is authorized to increase the Purchase Order
issued to Fairview Ford Sales, Inc., to an amount not to exceed $782,000.
SECTION 3. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
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Resolution No. 2019-35
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________, 2019.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, MMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
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Resolution No. 2019-35
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2019 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
VACANT _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2019.
______________________________
Georgeann Hanna, MMC, City Clerk
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1
INVITATION FOR BIDS
FOR
USED VEHICLE PURCHASES
CITY OF SAN BERNARDINO
290 North D Street
San Bernardino, California 92401
Telephone: (909) 384-7272
https://www.ci.san-bernardino.ca.us/
Released on January 10, 2019
Bid # IFB F-19-29
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SECTION I
INSTRUCTIONS TO BIDDERS
A. Pre-Bid Conference/Job Walk
N/A
B. Examination of Bid Documents
1. By submitting a bid, the Bidder represents that it has thoroughly examined and
become familiar with the items required under this IFB and that it is capable of
quality performance to achieve the City's objectives.
2. The City reserves the right to remove from its mailing list for future IFB’s, for an
undetermined period of time, the name of any Bidder for failure to accept a
contract and/or unsatisfactory performance. Please note that a “No Bid” is
considered a response.
C. Addenda
The City reserves the right to amend this IFB prior to the Bids due date. All
amendments and additional information will be posted to the San Bernardino
Purchasing page, www.sbcity.org > most popular> request for bids; bidders should
check this web page daily for new information.
D. Calendar
The process will be governed by the following schedule:
Release of IFB 1-10-2019
Deadline for Written Questions by 3:00 PM 1-17-2019
Responses to Questions Posted Online 1-22-2019
Bids Due by 3:00 PM 1-28-2019
Bid Evaluation Completed 1-31-2019
Award of bid(s) February 2019
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E. Submission of Bids
Complete bid Bids must be submitted electronically in PDF file format via the
Planetbids.com website no later than 3:00 p.m. (P.S.T) on January 28, 2019 please allow
time for system to process your bid. Bids will not be accepted after this deadline. Faxed
or e-mailed Bids will not be accepted. The web site may be accessed here:
https://www.planetbids.com/portal/portal.cfm?CompanyID=39495
Acceptance of Bids
a. The City reserves the right to accept or reject any and all bids, or any item
or part thereof, or to waive any informalities or irregularities in bids.
b. The City reserves the right to withdraw this IFB at any time without prior
notice and the City makes no representations that any contract will be
awarded to any Bidder responding to this IFB.
c. The City reserves the right to postpone the bid due date for its own
convenience.
G. Pre-Contractual Expenses
The City shall not, in any event, be liable for any pre-contractual expenses incurred by
Bidder in the preparation of its bid. Bidder shall not include any such expenses as part of
its bid.
Pre-contractual expenses are defined as expenses incurred by the Bidder in:
1. preparing its bid in response to this IFB;
2. submitting that bid to City;
3. negotiating with City any matter related to this bid; or
4. any other expenses incurred by the Bidder prior to date of award, if any of the
Agreement.
H. Contract Award
Issuance of this IFB and receipt of bids does not commit the City to award a Purchase
Order. The City reserves the right to postpone bid opening for its own convenience, to
accept or reject any or all bids received in response to this IFB, and to negotiate with
other than the selected Bidder(s) should negotiations with the selected Bidder(s) be
terminated.
The City also reserves the right to apportion the award among two or more Bidders.
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I. Acceptance of Order
The successful Bidder will be required to accept a Purchase Order in accordance with and
including as a part thereof the posting of the IFB documents including all requirements,
conditions and specifications contained therein, with no exceptions other than those
specifically listed in the written purchase order.
J. Business License
The City’s Business Ordinance requires that a Business doing business with the City,
obtain and maintain a valid City Business Registration Certificate during the terms of the
Agreement. Bidder agrees to obtain such Certificate prior to undertaking any work under
this Agreement.
K. Local Vendor Preference
The City of San Bernardino gives any formal or informal bid submitted by a local bidder a
one percent (1%) credit for goods and materials, for comparison purposes with other
bidders, as authorized in the San Bernardino Municipal Code Section 3.04.125, and
Executive Order 2003-1, respectively.
For the purposes of this section, “local bidders” shall be bidders for which the point of sale
of the goods, materials or services shall be within the limits of the City of San Bernardino.
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SECTION II
TECHNICAL SPECIFICATIONS
BID SPECIFICATION NO. IFB F-19-29
Used Vehicles
Services:
The City of San Bernardino is seeking qualified vendors to furnish and provide pre-
owned vehicles for use as required by the City.
Pricing:
Provide pricing for each vehicle that you have available or will have available as of the
bid due date. In addition to the Kelly Blue Book pricing validation, the City reserves the
right to use NADA Used Car Guides and other market pricing guides (such as Auto
Trader, Craigslist, TrueCar, etc.) to determine bid pricing as fair.
Purchasing:
Multiple PO’s may be awarded and may include one or up to several vehicles per PO
depending on Bid results.
The final authority for selection of the vehicles shall rest with a representative of the City
of San Bernardino Police Department who will determine organizational needs for
vehicle make, model, year, body style, and color.
Delivery Schedule Requirement
Bidder shall make vehicles that have been inspected and accepted by the City ready for
delivery to or pick up by the City within 5 days of notification, excluding weekends.
Bidder shall allow for City pick up at dealer location or delivery of all vehicles purchased
from bidder's location to the Fleet Operations Facility located at 182 S. Sierra Way, San
Bernardino, CA 92401. Bidder shall be responsible for delivery of vehicles at NO COST
to the City.
Additional Warranty
Bidder, shall provide a guarantee of the complete power train (i.e.: engine, transmission
and differential rear-end) against defects in material and workmanship of a period of (12)
months from the date of acceptance. Bidder shall repair or replace any such item(s)
necessary during the warranty period at bidder's own cost and expense, without cost to the
City, No Deductible. Warranty shall also include any transportation cost, i.e.: towing,
within a twenty-five (25) mile radius of the Bidder awarded. The Bidder that is awarded
this PO shall provide warranty repairs. OEM Warranties shall be transferable to the City
of San Bernardino upon completion of sale.
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Equipment:
The City of San Bernardino is seeking three (3) certified used vehicles. The bidder shall
provide a listing of available vehicles that match the vehicle model and trim listed below.
The City shall review this listing and, upon inspection, select that which best meets the
needs of the department. Vehicles purchased under this contract shall be no older than
two (2) years prior to current model year, with a maximum of 25,000 miles on their
odometer. The vehicle title shall be clean and free from any accidents or damage. Other
requirements and preferences are as follows.
Vehicle Make & Model Preferences:
Honda Civic EX
Honda Accord EX
Kia Optima EX
Nissan Altima SL FWD
Toyota Corolla SE
Toyota Camry SE
Volkswagen Jetta SE
Preferred colors:
Gray
Silver
White
Tan
Brown
Requirements:
• Four (4) door
• No aftermarket graphics
• Tire treads & brake linings should have at least 75% remaining life.
• All equipment and features shall be in good working order.
• Vehicle shall have passed smog inspection and any necessary repairs or
adjustments shall be made by dealer for passing status.
• Oil change shall be performed prior to delivery with all fluids topped off.
• Provide all maintenance records with written documentation of all inspections.
• Three (3) Key FOBS shall be provided
• V6 engines (where available)
• Power windows
• Power door locks
• Heating / air conditioning
• CD / AM / FM radio
• Intermittent wiper washer
• Spare tire
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• Automatic transmission
• 4 wheel ABS brakes
• Tilt steering wheel
• Cruise control
• Backup camera with monitor
• Reverse sensing
• Two copies of the vehicle owner’s manual
Bidder shall be an authorized Original Equipment Manufacturer (OEM) for new motor
vehicles. Bidder shall provide State of California Department of Motor Vehicles new,
used, or wholesale vehicle dealer’s license number and expiration date.
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SECTION III
BID CONTENT
A. BID FORMAT AND CONTENT
1. Presentation
Bids should not include any unnecessarily elaborate or promotional material.
Information should be presented in the order in which it is requested. Lengthy
narrative is discouraged, and presentations should be brief and concise. Bids shall
contain the following:
a. identification of Bidder, including name, address and telephone;
b. proposed working relationship between Bidder and subcontractors, if
applicable;
c. acknowledgment of receipt of all IFB addenda, if any;
d. name, title, address and telephone number of contact person during period
of bid evaluation;
e. a statement to the effect that the bid shall remain valid for a period of not
less than 120 days from the date of submittal; and
2. Exceptions/Deviations
State any exceptions to or deviations from the requirements of this IFB, stating
“technical” exceptions on the Technical Specifications form, and “contractual”
exceptions on a separate sheet of paper. Where Bidder wishes to propose
alternative approaches to meeting the City’s technical or contractual requirements,
these should be thoroughly explained.
B. LICENSING AND CERTIFICATION REQUIREMENTS
By submitting a bid, bidder warrants that any and all licenses and/or certifications
required by law, statute, code or ordinance in performing under the scope and
specifications of this IFB are currently held by bidder, and are valid and in full force and
effect. Copies or legitimate proof of such licensure and/or certification shall be included
in bidder's response. Bids lacking copies and/or proof of said licenses and/or
certifications may be deemed non-responsive and may be rejected.
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C. COST AND PRICE FORMS
Bidder shall complete the Inventory List and submit online via Planet Bids, with all
required documentation including all additional costs associated with performance of
specifications.
Bidder shall state cash discounts offered. Unless discount payment terms are offered,
payment terms shall be “Net 30 Days”. Payment due dates, including discount period,
will be computed from date of City acceptance of the required services or of a correct and
complete invoice, whichever is later, to the date City’s check is mailed. Any discounts
taken will be taken on full amount of invoice, unless other charges are itemized and
discount thereon is disallowed.
Freight terms shall be F.O.B. Destination, Full Freight Allowed, unless otherwise
specified on price form.
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Packet Pg. 453 Attachment: PD.Emergency Management Performance Grant-Staff Report (5994 : FY 2018 Emergency Management Performance Grant)
The remaining balance of awarded grant funds, approximately $15,000, will be utilized
to pay for a portion of the Emergency Operations Manager’s salary and benefits cost.
Grant funding sustains critical core capabilities within the National Preparedness Goal
(NPG). Per the NPG, emergency management personnel salary can be covered under
the EMPG grant. The Emergency Operations Manager is an essential component in
executing the five mission areas of the NPG, to include prevention, protection,
mitigation, response, and recovery of potential threats and hazards posed by disasters.
Additionally, staff is requesting Vector USA be selected as the vendor for this project.
Vector USA initially installed the monitors in the EOC and Main Training Room. Vector
USA’s original bid included the Personnel and Training Conference room. At the time,
there was insufficient grant funding available to complete the original bid proposal. FY
2018 EMPG funding will allow for the project to be completed. New monitors will be
connected to the pre-existing system. Utilizing Vector USA will not void the warranty on
pre-existing equipment.
2018-19 Goals and Objectives
The request to authorize the receipt, obligation, and expenditure of the FY 2018
Emergency Management Performance Grant (EMPG) aligns with Goal No. 7: Pursue
City goals and objectives by working with other agencies. Working with Federal, State,
and regional organizations will ensure the City receives its fair share of resources.
Fiscal Impact
Acceptance of the FY 2018 EMPG will be a financial impact to the City of a total of
$61,886. Upon project completion date, expenditures made for eligible projects will be
reimbursed, totaling $30,943, to include equipment purchases and a portion of the
Emergency Operations Manager’s salary and benefits cost.
The remaining $30,943 is a cash match and an additional grant requirement. The cash
match will be fulfilled through the reported salary of the Emergency Operations Manager
during the grant period. Personnel activity and payroll reports will be provided as
documentation to the grant administrators. The Emergency Operations Manager has
been in contact with the San Bernardino County grant division to ensure the City is able
to utilize his salary for the match.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2019-36, authorizing the receipt, obligation, and
expenditure of the FY 2018 Emergency Management Performance Grant (EMPG),
authorizing the Director of Finance to amend the FY 2018/19 Adopted Budget, and
issue a purchase order to Vector USA in the amount not to exceed $15,962.99
Attachments
Attachment 1 Resolution
Attachment 2 FY 2018 EMPG Project Approval Notification Letter
3/1/2019 8:03 AM
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Ward:
On March 7, 2018, the Mayor and City Council adopted Resolution No. 2018-63, authorizing the
receipt, obligation, and expenditure of the FY 2017 Emergency Management Performance Grant.
3/1/2019 8:03 AM
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Resolution No. 2019-36
RESOLUTION NO. 2019-36 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE RECEIPT, OBLIGATION, AND
EXPENDITURE OF THE FY 2018 EMERGENCY
MANAGEMENT PERFORMANCE GRANT (EMPG),
AUTHORIZE THE DIRECTOR OF FINANCE TO AMEND
THE FY 2018/19 ADOPTED BUDGET, AND ISSUE A
PURCHASE ORDER TO VECTOR USA IN THE AMOUNT
NOT TO EXCEED $15,962.99
WHEREAS, the City of San Bernardino has submitted an application for the FY 2018
Emergency Management Performance Grant in the amount of $30,943.00, with a cash match of
$30,943.00.
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 City Manager is hereby authorized to accept the FY 2018 Emergency
Management Performance Grant in the amount of $30,943.00 for technology upgrades in the
Emergency Operations Center.
SECTION 3. The Director of Finance is hereby authorized to amend the FY 2018/19
Adopted Budget.
SECTION 4. The Director of Finance if hereby authorized to issue a purchase order to
Vector USA in the amount not to exceed $15,962.99 pursuant to San Bernardino Municipal Code
3.01.101 (b)(3), the Mayor and City Council approve a selected source justification for this
purchase.
SECTION 5. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
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Packet Pg. 456 Attachment: PD.Emergency Management Performance Grant-Reso.doc (5994 : FY 2018 Emergency Management Performance Grant)
Resolution No. 2019-36
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________, 2019.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, MMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
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Packet Pg. 457 Attachment: PD.Emergency Management Performance Grant-Reso.doc (5994 : FY 2018 Emergency Management Performance Grant)
Resolution No. 2019-36
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2019 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
VACANT _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2019.
______________________________
Georgeann Hanna, MMC, City Clerk
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3/1/2019 2:03 PM
Consent Calendar
City of San Bernardino
Request for Council Action
Date: March 6, 2019
To: Honorable Mayor and City Council Members
From: Andrea M. Miller, City Manager
By: Eric McBride, Acting Police Chief
Eric W. Cadden, Emergency Operations Manager
Subject: Adopt Ordinance MC-1515 of the Mayor and City Council of the
City of San Bernardino, California, adding Chapter 2.46 to the
San Bernardino Municipal Code pertaining to the Disaster
Council
Recommendation
Adopt Ordinance MC-1515 of the Mayor and City Council of the City of San Bernardino,
California, adding Chapter 2.46 to the San Bernardino Municipal Code pertaining to the
Disaster Council.
Background
The Federal Emergency Management Agency (“FEMA”) requires cities to adopt the
National Incident Management System (“NIMS”) and California Standardized
Emergency Management System (“SEMS”), which guide a City’s response during an
emergency situation in order for a city to receive continued grant funding and
reimbursement during a significant event. This includes establishing a clear hierarchy
and authority for the City to take actions, alone and in coordination with other public
agencies, corporations, organizations and affected private persons, in order to protect
the public health, safety, and welfare of the City’s residents. The City must be able to
mobilize, organize, and respond immediately and efficiently when an emergency
situation arises.
Discussion
Chapter 2.46 of the San Bernardino Municipal Code, Disaster Council, was adopted in
1971. Since that time there have been significant changes to the way the City responds
to an emergency and some of the text in this section of the code did not reflect modern
practices of emergency management or disaster preparedness and was reflective of the
former City Charter.
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3/1/2019 2:03 PM
The Ordinance reestablishing Chapter 2.46 of the Municipal Code reflects the changes
to the Charter and current standards to ensure the City is in line with the requirements
established by FEMA and the California Office of Emergency Services. Chapter 2.46
will serve as the blueprint for how the City responds to emergencies as it provides the
legal basis for the City’s emergency organization. By adopting the attached Urgency
Ordinance, and subsequently the regular Ordinance, the City Council will provide for the
emergency organization, powers and duties, divisions, services, and staff of the
organization.
The Disaster Council is responsible for developing and recommending for adoption by
the Mayor and City Council, the City’s emergency plan, mutual aid plans, agreements,
ordinances, resolutions, rules, and regulations as may be necessary to implement such
plans and agreements. With an accredited disaster council, the City will be able to
utilize volunteer disaster service workers and benefits through the Disaster Service
Workers Volunteer Program, which provides duly registered volunteers with workers’
compensation coverage in the event of injury while performing authorized disaster
duties. On February 20, 2019, the Ordinance was introduced at the Mayor and City
Council Meeting.
2018-19 Goals and Objectives
The recommended actions align with Goal No. 2: Provide for the Safety of City
Residents and Business. By creating a Disaster Council, the City takes steps to reduce
crime and ensure that neighborhoods and business areas are safe during emergencies,
to recruit and retain the highest caliber public safety personnel, and to maintain or
improve emergency response times.
The recommended actions also align with Goal No. 5: Improve City Government
Operations. By creating a Disaster Council, the City ensures that it establishes and
maintains clear roles and lines of authority during emergencies and that it develops and
maintains consistent messaging during emergencies.
Finally, the recommended actions align with Goal No. 7: Pursue City Goals and
Objectives by Working with other Agencies. By creating a Disaster Council, the City
facilitates efficiently and effectively working with federal, state, county, and/or regional
governments, tribes, governmental agencies, and organizations during emergencies to
ensure that the City receives its fair share of resources.
Fiscal Impact
No fiscal impact to the City.
Conclusion
Staff recommends that the City Council adopt Ordinance MC-1515 of the Mayor and
City Council of the City of San Bernardino, California, adding Chapter 2.46 to the San
Bernardino Municipal Code pertaining to the Disaster Council.
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3/1/2019 2:03 PM
Attachments
Attachment 1 Proposed Ordinance MC-1515
Ward: All
On February 20, 2019, the Mayor and City Council adopted Urgency Ordinance No. MC 1514 and
introduced Ordinance No. MC 1515 adding Chapter 2.46 to the San Bernardino Municipal Code
pertaining to the Disaster Council.
On February 21, 2018, the Mayor and City Council adopted Ordinance No. MC 1459, repealing
Chapter 2.46 and Disaster Council Provisions.
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Packet Pg. 463 Attachment: PD.Final Reading Ordinance MC 1515- verson Consent (6000 : Adopt Ordinance No. MC-1515 of the Mayor and City Council of the
ORDINANCE NO. MC 1515
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
ADDING A NEW CHAPTER 2.46 TO THE SAN
BERNARDINO MUNICIPAL CODE PERTAINING TO THE
DISASTER COUNCIL
WHEREAS, on June 16, 1949, the State of California accredited the City’s Disaster
Council; and
WHEREAS, on February 19, 1951, the Mayor and City Council adopted a Mutual Aid
Agreement Resolution; and
WHEREAS, on June 29, 1971, the Mayor and City Council adopted an Emergency
Ordinance;
WHEREAS, on June 20, 1982, the Mayor and City Council adopted a Disaster Service
Worker’s Resolution; and
WHEREAS, on October 17, 1990, the Mayor and City Council adopted the City’s
Emergency Ordinance; and
WHEREAS, the City now desires to amend the San Bernardino Municipal Code to re-
establish the Disaster Council and Mutual Aid Agreement.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Chapter 2.46 is hereby added to Title 2 of the San Bernardino Municipal
Code to read as follows:
“ Chapter 2.46
DISASTER COUNCIL
Sections:
2.46.010 Purpose
2.46.020 Definition
2.46.030 Disaster Council Membership
2.46.040 Disaster Council Powers and Duties
2.46.050 Director and Assistant Director of Emergency Services
2.46.060 Office of Emergency Management
2.46.070 Standardized Emergency Management System
2.46.080 National Incident Management System
2.46.090 Powers and Duties of the Director and Assistant Director of
Emergency Services
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Packet Pg. 464 Attachment: PD.Final Reading Disaster Council 2019 Ordinance MC1515-c2 (6000 : Adopt Ordinance No. MC-1515 of the Mayor and City Council
Ordinance No. MC 1515
2.46.100 Emergency Organization
2.46.110 Expenditures
2.46.120 Violations
2.46.130 Excessive Price Increases Prohibited
2.46.010 Purpose
The purpose of this chapter is to provide for the preparation and execution of plans for the
protection of persons and property within the City of San Bernardino in the event of an
emergency. This chapter shall provide for the direction of the emergency organization and the
coordination of the emergency functions with all other public agencies, corporations,
organizations and affected private persons and entities.
2.46.020 Definition
For purposes of this chapter, “emergency” shall mean the actual or threatened existence of
conditions of disaster or of extreme peril to the safety of persons and property within this
jurisdiction caused by such conditions as air pollution, fire, flood, storm, epidemic, civil unrest,
or earthquake, or other conditions, including conditions resulting from war or imminent threat of
war, but other than conditions resulting from a labor controversy, which conditions are or are
likely to be beyond the control of the services, personnel, equipment, and facilities of the City,
requiring the combined forces of other political subdivisions to combat.
2.46.030 Disaster Council Membership
The San Bernardino Disaster Council is hereby created and shall consist of the following:
A. The Mayor, who shall be Chair;
B. The Director of Emergency Services, who shall be Vice Chair;
C. The Assistant Director of Emergency Services;
D. Such Chiefs of Emergency Service as may be provided for in a current emergency plan of
the City adopted pursuant to this Chapter; and
E. Such other representatives of civic, business, labor, veterans, professional, or other
organizations having an official emergency responsibility, as may be appointed by the
Director with the advice and consent of the City Council.
2.46.040 Disaster Council Powers and Duties
The Disaster Council shall meet at least once per year, upon the call of the Chair or, in the
absence of the Chair, upon the call of the Vice Chair. It shall be the duty of the Disaster Council,
and it is hereby empowered, to develop and recommend for adoption by the Mayor and City
Council, the City’s emergency plan, mutual aid plans, agreements, ordinances, resolutions, rules,
and regulations as may be necessary to implement such plans and agreements. The City’s
emergency plan shall provide for the effective mobilization of all the City’s resources, both
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Ordinance No. MC 1515
public and private, to meet any condition constituting a local emergency, state of emergency, or
state of war emergency and shall provide for the organization, powers and duties, services, and
staff of the emergency organization. Such plan shall take effect upon the adoption of a
resolution by the Mayor and City Council.
2.46.050 Director and Assistant Director of Emergency Services
A. There is hereby created the position of Director of Emergency Services. The City
Manager shall be the Director of Emergency Services.
B. There is hereby created the position of Assistant Director of Emergency Services, who
shall be appointed by the Director. When the Director of Emergency Services is not
available, the Assistant Director of Emergency Services shall become Acting Director
and assume the powers and duties of the Director.
2.46.060 Office of Emergency Management
There is hereby created the Office of Emergency Management, which shall act at the will of the
Director of Emergency Services. The Emergency Manager of the City of San Bernardino shall
manage the day-to-day affairs of the emergency management program and have certain other
emergency management functions as specified.
2.46.070 Standardized Emergency Management System
In accordance with section 8607 of the Government Code, the City of San Bernardino hereby
adopts the Standardized Emergency Management System (“SEMS”) framework. The SEMS
framework includes the use of the Incident Command System (“ICS”), multiagency or
interagency coordination, participation in the Master Mutual Aid Agreement, and operational
area concept.
2.46.080 National Incident Management System
In accordance with Homeland Security Presidential Directive 5 (Feb. 28, 2003), the City of San
Bernardino hereby adopts the National Incident Management System (“NIMS”) framework. The
NIMS framework includes the use of the Standardized Emergency Management System and the
Incident Command System, multiagency or interagency coordination, participation in the Master
Mutual Aid Agreement, and the operational area concept.
2.46.090 Powers and Duties of the Director and Assistant Director of Emergency
Services
A. The Director is hereby empowered to:
(1) Request the Mayor and City Council to proclaim the existence or threatened
existence of a “local emergency,” if the City Council is in session, or to issue such
proclamation, if the City Council is not in session. Whenever a local emergency
is proclaimed by the Director, the Mayor and City Council shall take action to
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Ordinance No. MC 1515
ratify the proclamation within seven (7) days thereafter or the proclamation shall
have no further force or effect;
(2) Request the Governor to proclaim a “state of emergency” when, in the opinion of
the Director, the circumstances are beyond the City’s capacity to adequately
respond to or recover from the emergency;
(3) Control and direct the efforts of the City’s emergency organization for the
accomplishment of the purposes of this chapter;
(4) Direct cooperation between and coordination of services and staff of this
emergency organization and resolve questions of authority and responsibility that
may arise between them;
(5) Represent the City in all dealings with public or private agencies on matters
pertaining to emergencies as defined herein;
(6) In the event of the proclamation of a “local emergency” as herein provided, the
proclamation of a “state of emergency” by the Governor, or the existence of a
“state of war emergency,” the Director is hereby further empowered:
(a) To make and issue rules and regulations on matters reasonably related to
the protection of life and property as affected by such emergency,
provided, however, that such rules and regulations are confirmed at the
earliest practicable time by the City Council;
(b) To obtain vital supplies, equipment, and such other properties found
lacking and needed for the protection of life and property and to bind the
jurisdiction for the fair value thereof and, if required immediately, to
commandeer the same for public use;
(c) To require emergency services of any officer or employee and, in the
event of the proclamation of a “state of emergency” in the County of San
Bernardino or the existence of a “state of war emergency,” to command
the aid of as many residents of the City as may be necessary in the
execution of duties, provided that all such persons are given all privileges,
benefits, and immunities as are provided by state law for registered
disaster services workers;
(d) To requisition necessary personnel or material of the departments or
agencies; and
(e) To execute all ordinary power as City Manager, all of the special powers
conferred by this ordinance or by resolution or emergency plan adopted
pursuant to this chapter, all powers conferred by any statute, by any
agreement approved by the Mayor and City Council, and by any other
lawful authority.
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Ordinance No. MC 1515
B. The Director shall designate the order of succession to that office, to take effect in the
event the director is unavailable to attend meetings and otherwise perform duties during
an emergency. Such order of succession shall be approved by the City Council.
C. The Assistant Director shall, under the supervision of the Director and with the assistance
of the Chiefs of Emergency Services, develop emergency plans, manage the emergency
programs of the City, and have such other powers and duties as may be assigned to him
or her by the Director.
2.46.100 Emergency Organization
All officers and employees, together with those volunteer forces enrolled to aid them during an
emergency, and all groups, organizations, and persons who may by agreement or by operation of
law, including persons impressed into service under the provisions of this chapter, be charged
with duties incident to the protection of life and property in the City during such emergency,
shall constitute the emergency organization of the City.
2.46.110 Expenditures
Any expenditure made in connection with emergency activities, including mutual aid activities,
shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and
property of the City.
2.46.120 Violations
It shall be a misdemeanor punishable by a fine not to exceed one-thousand dollars ($1,000) or by
imprisonment not to exceed six months, or both, for any person to, during an emergency:
A. Willfully obstruct, hinder, or delay any member of the emergency organization in the
enforcement of any lawful rule or regulation issued pursuant to this chapter or in the
performance of any duty imposed upon him or her by virtue of this chapter;
B. Commit any act or omission forbidden by any lawful rule or regulation issued pursuant to
this chapter, if such act or omission is of such nature as to give assistance to the enemy or
imperil the lives or property of the inhabitants of the City, or to prevent, hinder, or delay
the defense or protection thereof;
C. Wear, carry, or display without proper authority any means of identification specified by
the emergency agency of the state.
2.46.130 Excessive Price Increases Prohibited
A. Upon the proclamation of a state of emergency resulting from an earthquake, flood, fire,
civil unrest, storm, or natural or manmade disaster declared by the President of the United
States or the Governor, or upon the declaration of a local emergency resulting from an
earthquake, flood, fire, civil unrest, storm, or natural or manmade disaster, and for a
period of thirty (30) days following such proclamation or declaration, it shall be unlawful
for any person, contractor, business, or other entity to sell or offer to sell any consumer
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Ordinance No. MC 1515
food items or goods, goods or services used for emergency cleanup, emergency supplies
or medical supplies, home heating oil, building materials, housing, transportation, freight,
and storage services, or gasoline or other motor fuels for an amount that exceeds ten (10)
percent of the price charged by such person immediately prior to the proclamation or
declaration of emergency, provided, however, that this prohibition shall not apply upon
demonstration that the increase in price is directly attributable to additional costs imposed
by the supplier of the goods or additional costs of providing such goods or services
during the state of emergency and the price represents no more than ten (10) percent
above the total of the cost to the seller plus the markup customarily applied by the seller
for such goods or services in the usual course of business immediately prior to the onset
of the state of emergency.
B. Upon the proclamation of a state of emergency resulting from an earthquake, flood, civil
unrest, or storm declared by the President of the United States or the Governor, or upon
the declaration of a local emergency resulting from an earthquake, flood, fire, civil
unrest, or storm, and for a period of one-hundred and eighty (180) days following such
proclamation or declaration, it shall be unlawful for a contractor to sell or offer to sell any
repair or reconstruction services or any services used in emergency cleanup for a price of
more than ten (10) percent above the price charged by that person for those services
immediately prior to the proclamation or declaration of emergency. However, a greater
price increase shall not be unlawful if that person can demonstrate that the increase in
price is directly attributable to the additional costs imposed by the contractor’s supplier or
to the additional costs of providing the service during the state of emergency and the
price represents no more than ten (10) percent above the total of the cost to the contractor
plus the markup customarily applied by the contractor for such goods or services in the
usual course of business immediately prior to the onset of the state of emergency.
C. Upon the proclamation of a state of emergency resulting from an earthquake, flood, fire,
civil unrest, storm, or other natural disaster declared by the President of the United States
or the Governor, or upon the declaration of a local emergency resulting from an
earthquake, flood, fire, civil unrest, storm, or other natural or manmade disaster, and for a
period of thirty (30) days following such proclamation or declaration, it shall be unlawful
for the owner or operate of a hotel or motel to increase the hotel or motel’s regular rates,
as advertised immediately prior to the proclamation or declaration of emergency, by more
than ten (10) percent. However, a greater price increase shall not be unlawful if the
owner or operator can demonstrate that the increase in price is directly attributable to the
additional costs imposed on him or her for goods or labor used in his or her business, to
seasonal adjustments in rates that are regularly scheduled, or to previously contracted
rates.
D. The provisions of this section may be extended for an additional thirty (30) day period by
the Mayor and City Council if such extension is deemed necessary to protect the lives,
property, or welfare of the residents of the City.
The definitions set forth in section 396 of the Penal Code, as amended, shall be effective as
definitions of the words, terms, and phrases used in this section. ”
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Packet Pg. 469 Attachment: PD.Final Reading Disaster Council 2019 Ordinance MC1515-c2 (6000 : Adopt Ordinance No. MC-1515 of the Mayor and City Council
Ordinance No. MC 1515
SECTION 3. Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance, or any part thereof, is for any reason held to be
unconstitutional, such decision shall not affect the validity of the remaining portion of this
Ordinance or any part thereof. The City Council hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the
fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase
be declared unconstitutional. If for any reason any portion of this ordinance is found to be
invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
SECTION 5. Certification. City Clerk of the City of San Bernardino shall certify to the
adoption of this Ordinance and cause publication to occur in a newspaper of general circulation
and published and circulated in the City in a manner permitted under section 36933 of the
Government Code of the State of California.
SECTION 6. CEQA. The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity
will not result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 6th day of March, 2019.
___________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, MMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
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Packet Pg. 470 Attachment: PD.Final Reading Disaster Council 2019 Ordinance MC1515-c2 (6000 : Adopt Ordinance No. MC-1515 of the Mayor and City Council
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC 1514, introduced by the City Council of the City of San Bernardino,
California, at a regular meeting held the 20th day of February, 2019. Ordinance No. MC 1515
was approved, passed and adopted at a regular meeting held the 6th day of March, 2019 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
VACANT _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2019.
______________________________
Georgeann Hanna, MMC, City Clerk
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Packet Pg. 472 Attachment: FN.Mid Year FY 18-19 Staff report to CM (2) (5995 : Mid-Year Financial Review – Fiscal Year 2018/19)
City’s infrastructure and deferred maintenance, revenue projections, and proposed
operating and capital improvement budgets.
In light of the economic environment, the FY 2018/19 Budget was built to maintain
existing levels of service, fund mandated obligations, and allocate available ongoing
funding on a one-time basis to maintain flexibility to face uncertain fiscal impacts.
The General Fund Budget initially proposed reflected a revenue gap of $5 million based
largely on the anticipated increases in pension costs and unfunded liabilities as well as
increased operating costs. Through the budget process and discussions with the Mayor
and City Council about potential opportunities, the City staff was able to identify
operational changes to reduce costs including contracting for additional maintenance
services rather than filling vacant positions; reducing costs for professional/contractual
services by reprioritizing projects and planning to complete projects internally;
reallocating costs to other funding sources; and restructuring operations. Additionally,
there was an increase in estimated revenues including the addition of $1.8 million in
revenue from the County as a result of the Amendment to the VLF Swap Agreement
reducing the share of VLF revenues transferred to the County for fire protection
services.
While we were able to close the projected deficit in the current year, the Financial Model
anticipated a gap of nearly $4.3 million in FY 2019/20 which grew to over $9 million over
the next ten years. Further exacerbating the City’s financial position, the emergent gap
in necessary resources to address the backlog of deferred maintenance throughout the
community is conservatively estimated at $182.2 million. To simply preserve the current
condition of the City’s infrastructure and not fall further behind, the City needs to invest
$9.7 million (conservative estimate) each year. These figures do not include the capital
replacement costs or repair and upgrade costs related to City-owned buildings and
facilities which are conservatively estimated at $144.2 million.
During the budget discussions, one of the Mayor and City Council’s immediate goals, in
addition to enhancing the safety of the community and promoting fiscal health by
establishing and maintaining prudent reserves, was to begin to address the deferred
maintenance throughout the City. In addition to the investment in routine maintenance,
the FY 2018/19 CIP (adopted by Council), allocated $32 million from various other funds
plus an additional reserve of $4 million from the General Fund for major street, storm
drain and traffic control projects. This was intended to provide a balance between the
goal of building reserves for economic downturns and unexpected events and the goal
of investing in the community to provide a higher quality of life and attract further
investment.
While the FY 2018/19 adopted budget reflects the longer-term goals of the Mayor and
City Council, it highlights the need to continue to become more efficient in our service
delivery and build a stronger, more diversified revenue base to support desired service
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levels and investment in the City’s streets, parks, public buildings, and other
infrastructure.
Discussion
General Fund – Revenues, Expenditures, and Reserve Policy
(Please note that throughout the report all numbers have been rounded to the nearest
$100).
Revenues
General Fund revenues overall are currently projected to be close to original targets at
$126.97 million ($37,500 less than budgeted). Two significant negative variances are
projected for General Fund revenues: Utility Users Tax (UUT) and Water Fund
contributions. These negative variances are offset by positive revenue variances
anticipated in other categories, primarily development related revenues in both the
Community and Economic Development and Public Works Departments. Attachment A
includes detailed footnotes explaining these variances.
• Total UUT is estimated at $23.75 million, which is $1,500,000 less than budgeted
due to continued downward pressure on revenues related to energy efficiency
programs and the resulting lighter demand for electric and gas. The reduction in
landline phone service and the increase in satellite over cable television service
have also contributed to reduced revenues (the City does not collect UUT on
either cell service or satellite service). Weather, which impacts demand of utility
services, also impacts the ability to accurately predict revenue levels.
• After negotiations with the Water Department, the Water Fund Contribution is
projected at $3.45 million, $673,800 less than budgeted. The City and Water
Department jointly entered into a study to determine the appropriate amount of
reimbursement to the City from the Water Department for services provided by
the City. The study has not yet concluded, but in light of Proposition 218
requirements it is highly probable the amount budgeted will not be attained. This
reduction will be ongoing in future years.
• Sales Tax, the General Fund’s largest revenue source, is on target with budgeted
projections of $36.8 million ($50,000 increase over original projection). Last FY
2017/18 the California Department of Tax and Fee Administration (CDFTA)
underpaid the City by approximately $900,000 due to problems with their newly
implemented software. This fiscal year this amount will be trued-up and was
included in original projections. Projections for next fiscal year will back out this
one time catch up payment.
• Measure Z (the City’s .25% district tax) revenues are expected to be
approximately $294,000 higher than budgeted. Similar to the City’s regular sales
tax, problems with CDTFA resulted in an underpayment in FY 2017/18 of
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approximately $321,000 which will be trued-up this fiscal year. Total Measure Z
revenue is projected at $8.89 million.
• The City’s property tax comes exclusively from its share of “Property Tax in Lieu
of VLF (Vehicle License Fees).” The City’s ad valorem property tax is retained
by the County as part of the Fire Annexation agreement. The County and City
split the Property tax in Lieu of VLF with the City retaining 73.5% or
approximately $15.71 million. The City continues to collect taxes owed before
the annexation agreement was in place, bringing the projected total to $15.92
million.
Expenditures
General Fund operating expenditures (not including bankruptcy costs or allocations for
capital projects) are projected at $125.72 million; compared to the amended budget, this
is a net savings of $2.02 million. Attachment B provides detailed footnotes related to
variances within each department.
• $1.74 million of savings is expected primarily from Police Department vacancies.
This is a reduction compared to savings in prior years as the City has made
significant headway in filling vacant positions. A request to use $200,000 in
salary and benefit savings to supplement board up/demolition funds in the Code
Enforcement Division has been included in this report and factored into
projections. Also on today’s Council Agenda is a request from the Police
Department to increase board up/demolition contracts.
• The City Attorney’s Office is projected to end the fiscal year with $232,000 in
savings. However, it is important to remember that when the budget was
adopted, the City Attorney’s Office budget had already been reduced by
$497,900 (deletion of five positions). In this context, this is a combined reduction
of approximately $729,900. A budget amendment request to align the budget
with the August 2018 Council Action to contract attorney services has been
included with this report. There is no impact to the General Fund from this
budget amendment; it is to reclassify salary and benefit budgets to the outside
contractual attorney budgets in order to fund the costs associated with the
agreement for legal services approved by the Council in August 2018.
Compared to this year’s projection, City Attorney costs are expected to decrease
by $650,000 to $700,000 next fiscal year. This reduction will continue to grow in
FY 2020/21 when City Charter changes are fully implemented and there is no
longer an elected City Attorney position included in the budget. In addition, there
are significant long-term savings in PERS costs associated with a reduction in
staff.
• A budget overage of $164,400 is estimated for the Public Works Department.
Recently, the Parks Maintenance Division was moved from the Parks and
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Recreation Department into the Public Works Department. Higher than expected
water charges related to this division are contributing to the overage.
Additionally, when the budget was developed, an estimate (in the form of a
credit) was included in the budget for Public Works staff time expected to be
charged to CIP funds. Staffing shortages have required staff to spend less time
working on CIP tasks and more time on counter coverage and non-CIP tasks.
The percentage of staff time budgeted to CIP funds will be reduced to a more
realistic number in the upcoming budget year.
• The Community and Economic Development Department (CED) is projecting a
budget shortfall of approximately $277,500. The primary driver of this overage
relates to the City’s obligations to maintain properties formerly held by the City’s
Redevelopment Agency (RDA). These properties are now held for resale by the
City until they can be sold and the proceeds distributed among the City and other
appropriate taxing entities. The City is enhancing the maintenance and
appearance of these properties until sold. When the properties are eventually
sold the City will recover its costs (net any rents collected related to the
properties). A budget amendment request to increase the property maintenance
line items in the CED budget by $360,000 has been included in this report; salary
and benefit savings have reduced the overall impact on the department to
$277,500.
• Included in the Human Resources budget projection is an assumption that a
$200,000 budget amendment for a classification and compensation study will be
approved. The City’s MOUs with most of its labor bargaining units expire at the
end of the calendar year. One of the items included in these MOUs was the
commission of a classification and compensation study. With the elimination of
Charter Provision 186, Police Department will now be included in the study which
drives the cost of the study upward compared with prior studies. Contract costs
related to employee relation matters (negotiations, personnel issues) are also
expected to be $64,300 higher than budgeted.
• The Finance Department has seen vacancies in four (4) high level positions:
Director, Deputy Director, Payroll Supervisor and Principal Accountant. Since
fiscal year 2014, the Finance Department has seen the turnover of twenty
employees, including three Finance Directors (not including the Interim Director
appointed in January 2019 to oversee the department until the recruitment for a
permanent Director is completed). The Department is actively working on filling
these positions and it is expected that the Finance Director position will be
permanently filled in May 2019. The hiring process for the vacant Payroll
Supervisor was recently completed and recruitment of a Deputy Director will
begin shortly.
The auditors have expressed concern at the City’s ability to retain qualified staff
and this will be noted in their management letter to the City at the conclusion of
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Packet Pg. 476 Attachment: FN.Mid Year FY 18-19 Staff report to CM (2) (5995 : Mid-Year Financial Review – Fiscal Year 2018/19)
the City’s annual financial audit. Accordingly, a request to upgrade the vacant
Principal Accountant to Accounting Manager has been included with this report.
There is no net cost for this upgrade (approximately $38,000) as part-time and
contractual funds will be reduced in order to fund this difference. Until positions
can be filled, the department will continue to augment operations with temporary
and contract staff.
Bankruptcy Costs and Related Litigation
Bankruptcy costs, both contract legal costs and litigation/settlement costs are expected
to total approximately $4.2 million this fiscal year. Total combined bankruptcy related
costs last fiscal year were approximately $6.2 million. Early projections for next fiscal
year (FY 2019/20) are in the range of $1.5 to $2 million. Bankruptcy costs are collected
in a special fund for tracking purposes but costs are covered by the General Fund. In
prior years’ budgets it was difficult to project costs; rather than include the costs in the
budget, the costs were covered by a transfer from General Fund reserves at year-end.
At the end of last FY, $6.2 million in reserves were used to cover bankruptcy costs, per
the FY 2017/18 Year-End Report presented to the Mayor and Council on November 21,
2018. As bankruptcy related costs wind down and costs are easier to estimate, staff
recommends including these costs in the General Fund on a go forward basis; this will
provide more accurate data for planning of City financial resources. For the current
fiscal year, a budget amendment of $4.2 million is recommended.
General Fund Ending Position at June 30, 2019
The chart below summarizes the General Fund’s projected ending position at June 30,
2019. After factoring in bankruptcy costs, use of the CIP reserve for Council approved
projects, and the reserve for Continuing Appropriations approved by the Council, the
General Fund is projected to draw down $6.45 million by June 30, 2019 with an ending
fund balance (or reserves) of $32.54 million.
FY 2018/19 Projected Change in General Fund Adopted Amended Projected
Balance/Reserves Budget Budget Budget
Beginning Fund Balance 7/1/2018 (Unaudited)38,995,700$ 38,995,700$ 38,995,700$
(Deductions)/Additions to Reserves:
Net Operating Gain (Loss) 798,600 (738,600) 1,245,500
(difference between revenues and expenditures)
Capital Improvement Projects (from CIP Reserve)(3,500,000) (3,500,000)
Bankruptcy Related Costs - (4,200,000)
Sub Total Net (Deduction)/Addition to Reserves 798,600 (4,238,600) (6,454,500)
Projected 2018/19 Ending Fund Balance 39,794,300$ 34,757,100$ 32,541,200$
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• Adopted Budget -In June of 2018, the FY 2018/19 General Fund Budget was
adopted as balanced, with revenues projected to exceed expenditures (net gain)
by $798,600.
• Amended Budget – On September 19, 2018 the Mayor and Council approved the
annual request for continuing appropriations in the amount of $1.5 million (funds
budgeted for specific purposes or projects in FY 2017/18 which were not
completed during the fiscal year and therefore needed to be carried over into FY
2018/19). The required funds were reserved in the General Fund at the end of
FY 2017/18 for this purpose and were re-appropriated in FY 2018/19. Because
this is a use of funds from the prior fiscal year and not use of current revenues,
budgeted expenditures exceed budgeted revenues by $738,600.
• Projected Budget - Now with updated revenue and expenditure projections, the
General Fund Operating Budget is expected to end the year with an operating
surplus (net gain) of $1,245,000, not including unbudgeted bankruptcy costs and
use of Capital Improvement Program (CIP) reserves.
General Fund Reserves
On November 21, 2018 the Mayor and City Council adopted the General Fund Reserve
Policy. The policy set aside reserves as follows:
• Emergency Reserve – based on 15% of the General Fund adopted budget. For
FY 2018/19 the amount was estimated to be $18.9 million. The Emergency
Reserve may only be used after the declaration of an emergency by a majority of
the Council. Following the resolution of the emergency, staff must present a plan
to the Mayor and Council to return the Emergency Reserve to the 15% minimum
level as quickly as is practical given the unique circumstances and requirements
of each emergency.
• Economic Contingency Reserve – based on 10% of the General Fund adopted
budget. For FY 2018/19 this equates to $12.6 million. Use of this reserve
requires approval by a majority of the Council and has been established for the
purposed of providing a mechanism to allow for a measured and thoughtful
reduction of expenditures during times of economic downturn. Upon use of the
Economic Contingency Reserve, staff is required to present a plan to the Mayor
and Council to return the reserve to its 10% level over a period of no more than
five years.
Additionally, the Reserve Policy identified other areas (Special Reserves) that should be
funded if resources allow. These include: Risk Management, City Facilities, Vehicles
and Equipment, and Infrastructure (CIP). When the policy was approved in November,
the following reserves were funded.
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• Risk Management Reserve - $2,000,000
• City Facilities/CIP Reserve - $4,000,000
Below is the anticipated status of General Fund Reserves at the end of this fiscal year.
As noted earlier in this report, total General Fund reserves are expected to decrease by
$6.45 million. Approximately $3.5 million of CIP reserves for Council approved projects,
and $4.2 million of bankruptcy costs are offset by the net savings of $1.25 million
projected for the General Fund. Total combined reserves at June 30, 2019 are
estimated to be $32.54 million
• Pursuant to the City’s Reserve Policy, the Emergency Reserve of $18.9 million
and Economic Contingency Reserve of $12.6 million are unused.
• $3.5 million of CIP reserves have or will be utilized this fiscal year. At the time
the budget was adopted, $13 million in CIP projects were identified to potentially
be funded by the General Fund and $4 million was set aside for General Fund
CIP reserves.
• The Reserve Policy recommends funding various other Special Reserves as
resources allow. Originally it was hoped that just under $2 million ($1,983,200)
would be available as a reserve for Risk Management related items. However
after revenue and expenditure projections were updated and $4.2 million in
bankruptcy related costs were factored in, only $541,200 is expected to be
available for this reserve category.
Analysis of Reserve Policy Targets
Reserves at
7/1/2018
Net Use of
Reserves
FY 2018/19
Projected
Available
Reserves
6/30/19
Operating Reserve:
Emergency Reserve - 15% of adopted budget 18,900,000$ -$ 18,900,000$
Economic Contingency Reserve -10% of adopted bud 12,600,000 12,600,000
Special Reserves:-
Risk Management Reserve 1,983,200 (1,442,000) 541,200
Reserve for Continuing Appropriations/Carryovers 1,512,500 (1,512,500) -
City Facilities/CIP Reserve 4,000,000 (3,500,000) 500,000
Unassigned 0 0 0
Combined Reserves:38,995,700$ (6,454,500)$ 32,541,200$
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Other Funds (Non-CIP)
Most budgetary attention typically falls to the General Fund during fiscal reviews as it is
the most significant portion of the budget. However, it is also important to review the
other funds that make up the complete picture of the City’s operations. Most funds are
on target with original projections with variances noted below chart:
General Liability Fund
Lower than expected insurance premiums combined with lower than expected liability
claims are expected to result in a savings of $432,700. This savings has been
distributed to the General Fund and other funds.
Workers’ Compensation Fund
Due to increases related to the Department of Industrial Relations Office, premiums
were $248,000 higher than budgeted, however savings in other line items within the
fund have reduced this overage to $179,800. This excess cost has been distributed to
the General Fund and other appropriate funds.
Fleet Services Fund
The budget for this fund was increased for the recently approved fuel island upgrades.
Capital Improvement Project Funds (CIP)
Measure I
The City receives Measure I funds from the San Bernardino County Transportation
Authority (SBCTA) in the amount of approximately $3.5 annually. One of the
requirements of this funding is that the City meet a Maintenance of Effort (MOE) in the
Variance from
Fund Name Budget,Budget Projected Amended
as Adopted as Amended June 2019 Budget
Animal Control Fund 2,567,900$ 2,687,800$ 2,687,800$ -$
General Liability Fund 2,354,200 2,354,200 1,921,500 432,700
Workers' Compensation Fund 5,606,000 5,606,000 5,785,800 (179,800)
Fleet Services Fund 3,829,800 6,001,300 6,001,300 -
Information Technology Fund 4,742,900 4,742,900 4,742,900 -
Totals 19,100,800$ 21,392,200$ 21,139,300$ 252,900$
FY 2018/19 Other Major Funds (Non-CIP)
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amount of $1.08 million annually. This is required to be General Fund money spent on
qualifying programs, and was based on the amount the City spent on these qualifying
programs in the year of Measure I’s inception. A recent Measure I audit found that
between the years 2013-2017, when the City was in the throes of bankruptcy, it failed to
meet this requirement.
It is important to understand that this is not money the city owes to SBCTA, but rather
money that the city must spend from the General Fund on qualifying operating
programs that already exist in the Public Works department. This is similar to matching
requirements usually required by grants. The amount that the city must spend on
General Fund qualifying projects to meet the accumulated MOE shortfall and become
current is about $6 million. Of this, $4.9 million needs to be included in the FY 2019/20
General Fund budget. Fortunately, in the current budget a portion of costs were already
shifted from Gas Tax to the General Fund, so the additional impact to the General Fund
in FY 2019/20 will be approximately $3.5 million rather than $4.9 million.
The remaining $1.5 million needs to be corrected by FY 2021/22. Explained in the Gas
Tax Fund section below, beginning in FY 2019/20, shifting significant portions of the
operating budget from the Gas Tax fund to the General Fund will help to meet and
exceed our MOE requirement. During the FY 2019/20 budget development process
staff will work to rectify this situation and present a plan to the Mayor and Council.
No budgetary amendments are proposed associated with these funds and their fiscal
positions for the current year.
Gas Tax Funds (Regular and SB1)
During the City’s financial audit of FY 2017/2018 (currently wrapping up) it was
recommended that the City separate traditional Gas Tax funds and SB-1 funds that
were previously comingled in a single fund. After this separation, it became apparent
that the Gas Tax fund was severely upside down and had been blanketed by the excess
fund balance associated with SB-1.
It is projected that if the entirety of the Gas Tax budget for FY 2018/19 (Operating and
Capital) were to be expensed, the Gas Tax fund would end the year with a deficit of
over $9 million. In order to begin to remedy this situation, staff is recommending
identifying alternative sources of funding for the remainder of this fiscal year for all Gas
Tax funded CIP projects that have not yet been awarded. The By doing this, it is
projected that the Gas Tax fund projected deficit of $9 million will be reduced to $6.7
million at the end of this fiscal year:
• Broadmoor Blvd. Parkway Rehabilitation budgeted at $300,000 is anticipated to
be shifted to the Water Department.
• $500,000 budgeted for Hospitality Land Median and Signal Improvements from
“E” Street to Waterman Avenue can be shifted to available Measure I funds.
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Packet Pg. 481 Attachment: FN.Mid Year FY 18-19 Staff report to CM (2) (5995 : Mid-Year Financial Review – Fiscal Year 2018/19)
• Alternative funding sources are being reviewed for the $500,000 budgeted for the
Construction of Accessibility Improvements at Various Locations. $500,000
remains in General Find CIP reserves if no other funding can be identified.
Going forward, with the end goal of eliminating the Gas Tax Fund deficit in mind, staff
will determine what costs can be shifted from the Gas Tax Fund to the General Fund in
the context of what additional costs the General Fund can shoulder. The chart below
summarizes projected Gas Tax activity:
Looking to the Future
The City continues to face on-going financial challenges. Relatively overall flat
revenues, increased costs to maintain existing service levels, deferred maintenance on
City facilities, Public Safety needs, and employee attraction and retention issues
continue to present challenges.
• On February 11, 2019 the Mayor and City Council received an update from the
Public Works department regarding the City Facility Building-Condition
Assessment Report. During the FY 2018/19 budget development process, the
Regular Gas Tax
Adopted
Budget Corrected Projected
Beginning Fund Balance 130,000$ (1,282,000)$ (1,282,000)$
Revenues 5,215,900 4,423,600 4,423,600
Operational Expenditures (6,266,700) (6,324,100) (5,899,100)
CIP Expenditures per CIP (5,967,000) (5,967,000) (3,971,600)
Ending Fund Balance (6,887,800)$ (9,149,500)$ (6,729,100)$
SB 1 Gas Tax
Adopted
Budget Corrected Projected
Beginning Fund Balance -$ 1,491,100$ 1,491,100$
Revenues 3,849,700 3,755,800 3,755,800
Operational Expenditures - - -
CIP Expenditures per CIP (4,725,000) (4,725,000) (4,725,000)
Ending Fund Balance (875,300)$ 521,900$ 521,900$
FY 2018/19 Mid-Year Gas Tax Analysis
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Packet Pg. 482 Attachment: FN.Mid Year FY 18-19 Staff report to CM (2) (5995 : Mid-Year Financial Review – Fiscal Year 2018/19)
backlog of deferred maintenance throughout the community was conservatively
estimated at $182.2 million.
• Public Works conservatively estimates that deferred street and road maintenance
is upwards of $110 million based on a 15 year old study.
• Measure Z, which is projected to result in $8.89 million in revenue this fiscal year
expires in 2022.
• Public Safety continues to be one of the City’s top priorities. The Police
Department’s Five-Year Staffing Plan calls for the addition of 40 positions. The
target year to meet this goal is FY 2019/20. The estimated cost to achieve this
goal on an annual basis is $6.6 million.
• Pension costs are expected to increase by $4.4 million in FY 2019/20 and then
another $3.1 million in FY 2020/21. Total unfunded liability payments budgeted
for the current fiscal year total $24.2 million. In ten years this number is expected
to increase to over $40 million by FY 2024/25 based on long term projections
provided by CalPERS.
2018-19 Goals and Objectives
Receiving this FY 2018/19 Midyear Budget Report and approving the related budget
amendment action aligns with Goal No. 6: Operate in a fiscally responsible and
business-like manner. It is important for the Mayor and City Council to be aware of the
financial well-being of the City in order to make decisions that best serve the
community.
Fiscal Impact
This report communicates in detail to the Mayor and City Council that the City’s General
Fund anticipates drawing a total of $6.4 million from total reserves with the following
projected ending reserves at 6/30/19:
Police Department Staffing Sworn Civilian Total
FY 2018/2019 Budgeted 267 190 457
5 -Year Staffing Plan Goal 301 196 497
Required to Meet Goal 34 6 40
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Packet Pg. 483 Attachment: FN.Mid Year FY 18-19 Staff report to CM (2) (5995 : Mid-Year Financial Review – Fiscal Year 2018/19)
This forecast estimating ending General Fund Reserves already includes the following
budget adjustments as most are not increases to the budget, but rather transfers among
line items.
City Attorney’s Office
• The City Attorney’s Office is anticipating saving over $230,000 compared to the
adopted budget. When the Mayor and City Council approved the contract with Best
Best & Krieger (BBK), it was understood that funding would come from salary
savings. This report seeks City Council approval to move the funds from their
adopted budget position to the accounts where expenses are actually occurring.
There will be a positive effect (budget reduction) to the FY 2018/19 Budget in the
amount of $232,000 (budget transfer, no increase).
Community & Economic Development Department
• The Community and Economic Development Department (CED) is requesting
$360,000 in order to enhance the maintenance and appearance of properties held
for resale. Until these properties, formerly held by the City’s Redevelopment Agency
(RDA) are sold, the City is obligated to maintain them. When the properties are
eventually sold the City will recover its costs, net any rents collected related to the
properties (budget increase, costs will be recovered when property is sold).
• In order to address the needs of the Housing Division, staff is requesting to
reclassify the two vacant CDBG Program Assistant positions within the Housing
Division to one Administrative Assistant and one Administrative Analyst I. These
reclassifications will not require an increase in the operating budget as there is a
vacant Accountant III position that will not be filled until they are able to complete a
more thorough assessment of the Department’s operational needs. All of the
General Fund Reserves by Category
Projected
Available
Reserves
6/30/19
Operating Reserve:
Emergency Reserve - 15% of adopted budget 18,900,000$
Economic Contingency Reserve -10% of adopted budget 12,600,000
Special Reserves:-
Risk Management Reserve 541,200
Reserve for Continuing Appropriations/Carryovers -
City Facilities/CIP Reserve 500,000
Unassigned 0
Combined Reserves:32,541,200$
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Packet Pg. 484 Attachment: FN.Mid Year FY 18-19 Staff report to CM (2) (5995 : Mid-Year Financial Review – Fiscal Year 2018/19)
identified positions are charged to the CDBG program fund (119) and are not
General Fund supported (budget transfer, no impact to General Fund).
• The City contracted with a recruitment firm to recruit for the vacant Community and
Economic Development Director position. The cost of this contract is $28,700, and
requires a transfer from the Full-Time Personnel accounts to the
Professional/Contractual accounts within the programs that the Director position is
paid from (budget transfer - no net impact to the budget).
Finance Department
• The City has contracted with a recruitment firm to recruit for the vacant Finance
Director position. The cost of this contract is $25,000, and requires a transfer from
the Full-Time Personnel account to the Professional/Contractual account within the
program that the Director positions is paid from (budget transfer, there is no net
impact to the budget).
• The Finance Department has significant needs in the Accounting Division in order to
complete annual audits and ensure compliance with Generally Accepted Accounting
Principles (GAAP) and the Governmental Accounting Standards Board (GASB).
Staff is requesting reclassifying the existing vacant Principal Accountant position to
an Accounting Division Manager. Despite an increase in salary for this
reclassification, there will not be an effect on the FY 2018/19 budget as it is not
anticipated that the position will be filled in time for any additional funds to be
necessitated. Additionally part-time funds will be reprogrammed to cover the
increased cost (if appointed at top step) of $38,000 (budget transfer, no net impact
to General Fund).
Human Resources
• According to the MOUs between the City and the City’s labor bargaining units, the
City is required to complete a classification and salary study during FY 2019-2020.
In order to complete the study in time, it must go to bid and be awarded prior to
adoption of the FY 2019-2020 Budget. Therefore, $200,000 is being requested to be
added to the Human Resources budget (budget increase).
Police Department
• As of January 31, 2019 the Police Department has expended $141,497 of the
$175,000 in authorized contract amounts for Code Enforcement. With an
anticipated FY2018/19 expenditure of between $275,000 and $300,000 for on-call
board up services staff is requesting to increase the Police Department’s budget by
$200,000 which will allow Code Enforcement staff to continue its increased
enforcement efforts of the City’s laws and ordinances. The Police Department
proposes utilizing salary savings to cover this cost (budget transfer, no net increase).
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Packet Pg. 485 Attachment: FN.Mid Year FY 18-19 Staff report to CM (2) (5995 : Mid-Year Financial Review – Fiscal Year 2018/19)
General Government-Bankruptcy
• To more accurately plan for bankruptcy costs, a budget amendment for $4.2 million
is requested to cover the costs expected this fiscal year. The cost has already been
factored into projections. Next fiscal year, bankruptcy costs (estimated to be
approximately $1.5 to $2 million) will be included in the budget (budget increase).
Conclusion
It is recommended that the City Council receive and file the FY 2018/19 Mid-Year
Budget Report; and
Authorize the Director of Finance to amend the FY 2018/19 budget as outlined in the FY
2018/19 Budget report.
Attachments
Attachment 1 General Fund Revenue Analysis
Attachment 2 General Fund Expenditure Analysis
Ward: All Wards
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Packet Pg. 486 Attachment: FN.Mid Year FY 18-19 Staff report to CM (2) (5995 : Mid-Year Financial Review – Fiscal Year 2018/19)
Attachment A
BUDGET UPDATE - REVENUE ANALYSIS FOR FISCAL YEAR 2018/19
Budget, Budget, Projected Variance from
Description of Revenue as Adopted as Amended 6/30/2019 Amended Budget
VLF In-Lieu Property Taxes 15,800,000 15,800,000 15,925,100 125,100 (B)
Sales Taxes 36,750,000 36,750,000 36,800,000 50,000 (C)
Utility Users' Taxes 25,250,000 25,250,000 23,750,000 (1,500,000) (D)
Business Licenses 7,800,000 7,800,000 7,800,000 -
Measure Z Sales Taxes 8,600,000 8,600,000 8,894,000 294,000 (E)
Charges for Services 4,532,000 4,532,000 4,799,600 267,600 (F)
Water Fund Payment 4,125,000 4,125,000 3,451,200 (673,800) (G)
Licenses and Permits 2,125,000 2,125,000 2,331,000 206,000 (F)
Franchise Fees 9,645,000 9,645,000 9,980,700 335,700 (H)
Transient Occupancy Taxes 4,900,000 4,900,000 4,900,000 -
Other Governmental Revenues 1,780,000 1,795,000 (A)2,099,000 304,000 (I)
Other Taxes 2,400,000 2,400,000 2,800,000 400,000 (J)
Fines and Forfeitures 1,696,000 1,696,000 1,913,000 217,000 (K)
Rental/Investment Income 1,200,000 1,200,000 1,204,000 4,000
Transfers In - - -
Miscellaneous Revenues 387,500 387,500 320,400 (67,100) (L)
Total Revenues 126,990,500$ 127,005,500$ 126,968,000$ (37,500)$
A-
B-
C-
D-
E-
F-
G-
H-
I-
J-
K-
L-
Adopted budget did not include budgets for the Sandcatt Reimbursement, which we expect to receive.
Negative variance due to Litigation Settlements which are budgeted for but unpredicatable.
Positive variance is due to better than projected receipts in tow franchise fees and property transfer taxes. Both
categories are difficult to project accurately, thus conservative estimates are made at budget development.
Positive variance primarily due to increase in Code Enforcement penalties.
Budget increased to reflect State Library Grant
Variance due to collection of property taxes from years prior to Fire annexation; no budget estimate originally made.
Revenue projection updates from HdL Consultants show increases over current budget.
Licenses and Permits and Charges for Services revenue fluctuates significantly from year to year based on the level of
development within the community. Original budget projections have been cautious, based on recent years' experience.
Burrtec Franchise Fees are coming in higher than projected.
Utility Users Tax tends to trend down in the later 6 months of the year. Based on current collections and prior year
analysis, staff believes that UUT will underperform the budget by $1.5M.
Revenue projection updates from HdL Consultants show increases over current budget, maily due to shorted payments
from last FY.
On going study to determine Water reimbursement to City indicates final will be less than budgeted in light of Prop 218
requirements.
16.b
Packet Pg. 487 Attachment: FN.Mid Year Attachment A Revenue Analysis (5995 : Mid-Year Financial Review – Fiscal Year 2018/19)
Attachment B
BUDGET UPDATE - EXPENDITURE ANALYSIS FOR FISCAL YEAR 2018/19
Variance from
Department Budget,Budget Projected Amended
as Adopted as Amended June 2019 Budget
010 Mayor 681,400 681,400 662,500 18,900
020 City Council 951,700 1,017,000 (A)978,100 38,900 (B)
030 City Clerk 897,600 897,600 874,500 23,100
050 City Attorney 3,128,300 3,128,300 2,896,300 232,000 (C)
090 General Government 7,213,500 7,483,200 (D)7,456,100 27,100
100 City Manager 3,266,800 3,296,800 3,021,400 275,400 (E)
110 Human Resource 1,080,100 1,080,100 1,344,400 (264,300) (F)
120 Finance 3,719,000 3,719,000 3,547,200 171,800 (G)
130 Economic & Housing Development 1,022,600 (H)- - -
180 Community & Economic Development 3,760,900 4,411,900 4,689,400 (277,500) (I)
210 Police 81,101,400 81,642,700 79,901,300 1,741,400 (J)
380 Parks Recreation & Community 8,218,600 4,185,500 4,107,600 77,900 (K)
400 Public Works 9,304,100 14,330,700 14,495,100 (164,400) (L)
470 Library 1,845,900 1,869,900 1,748,600 121,300 (M)
Total Expenditures 126,191,900$ 127,744,100$ 125,722,500$ 2,021,600$
NOTES:
A -
B -
C -
D -
E -
F -
Budget increased due the City Council salary adjustment
Projected savings coming from Part-Time. To date none of the budgeted $25,000 has been spent.
Savings resulting from the City Attorney's functions being contracted out.
Budget increased due to carryovers from FY 2017/2018
Projected savings coming from the cancellations of the contracts with Wesbound Communications and Worthington Partners.
F -
G -
H -
I -
J -
K -
L -
M -
Majority of the budget savings are due to salary savings realized from vacant Program Manager and Deputy Director.
Projected deficit is a result of increased cost in Water charges and less than expected staff charges to CIP funds.
Projecting savings in personnel costs for a position vacant for several months of the year. In addition, the Department is projected savings
in their part-time budget.
Defecit due to $200,000 for the Classification and Compensation study as well as increased costs related to employee relation matters
Projected savings due to vacancies in following positions: Finance Director, Deputy Finance Director, Payroll Supervisor, and Principal
Accountant.
Majority of the budget savings are due to salary savings realized from the vacant Police Officer positions. The Department is asking
$200,000 for Board Ups (factored Nito estimate).
Economic Development Department merged with Community Development
Majority of the projected savings coming from Maintenance and Operations expenditure categories. However, the Department is asking
$360,000 for additional funds to cover unfunded property maintenance costs (factored into estimate).
16.c
Packet Pg. 488 Attachment: FN.Mid Year Attachment B Expenditure Analysis (2) (5995 : Mid-Year Financial Review – Fiscal Year 2018/19)
17.a
Packet Pg. 489 Attachment: CM.Measure Z.SR (5996 : Survey Research, Strategic Communications, and Public Education – Sunset of the Measure Z Tax)
It is important that the City begin the process of polling and educating voters as soon as
possible regarding the impacts of this potential loss in revenue. As such, staff is
recommending that the City Council authorize the issuance of RFPs for a survey
research firm to create a statistically-valid survey to measure San Bernardino voters’
sentiments about Measure Z and a potential extension/increase, and for a strategic
communications and public education consultant that specializes in and has successful
experience with revenue measures.
If the City Council authorizes staff to issue the RFPs for these important services, staff
will begin the process and make recommendations to the City Council to approve
agreements no later than the first meeting in May 2019. It is expected that the survey
research would be conducted early in the process and the public education consultant
work would begin immediately and continue until the election in November 2020.
2018-19 Goals and Objectives
This request to issue RFPs for a survey research firm and a strategic communications
and public education consultant align with Goal No. 2 Provide for the Safety of City
Residents and Businesses and Goal No 6. Operate in a Fiscally Responsible and
Business-Like Manner. The loss of sales tax revenue from the sunset of Measure Z in
April 2022 would be detrimental to public safety.
Fiscal Impact
Fiscal impact to be determined upon award of RFPs.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize staff to issue RFPs for a survey research firm and a strategic
communications and public education consultant to assist with the impending sunset of
the Measure Z $0.25 Sales Tax in April of 2022.
Attachments
Attachment 1 Resolution No. 2006-286 declaring an emergency pursuant to
Section 2(B) of Article XIIIC of the California Constitution
Necessitating submission of a General Transaction and Use Tax
Measure on the November 7, 2006 election
Attachment 2 Resolution No. 2006-287 placing a general transaction and use tax,
and an advisory question on the ballot for the November 7, 2006
consolidated special municipal election, and advisory elections
Ward(s): All
On August 8, 2006 the Mayor and City Council adopted Resolution No. 2006-286 declaring an
emergency pursuant to Section 2(B) of Article XIIIC of the California Constitution Necessitating
submission of a General Transaction and Use Tax Measure on the November 7, 2006 election; and
Resolution No. 2006-287 placing a general transaction and use tax, and an advisory question on
the ballot for the November 7, 2006 consolidated special municipal election, and advisory elections.
3/1/2019 8:00 AM
17.a
Packet Pg. 490 Attachment: CM.Measure Z.SR (5996 : Survey Research, Strategic Communications, and Public Education – Sunset of the Measure Z Tax)
17.b
Packet Pg. 491 Attachment: CM.Measure Z.Attachment 1 (5996 : Survey Research, Strategic Communications, and Public Education – Sunset of the Measure Z
17.b
Packet Pg. 492 Attachment: CM.Measure Z.Attachment 1 (5996 : Survey Research, Strategic Communications, and Public Education – Sunset of the Measure Z
17.b
Packet Pg. 493 Attachment: CM.Measure Z.Attachment 1 (5996 : Survey Research, Strategic Communications, and Public Education – Sunset of the Measure Z
17.b
Packet Pg. 494 Attachment: CM.Measure Z.Attachment 1 (5996 : Survey Research, Strategic Communications, and Public Education – Sunset of the Measure Z
17.c
Packet Pg. 495 Attachment: CM.Measure Z.Attachment 2 (5996 : Survey Research, Strategic Communications, and Public Education – Sunset of the Measure Z
17.c
Packet Pg. 496 Attachment: CM.Measure Z.Attachment 2 (5996 : Survey Research, Strategic Communications, and Public Education – Sunset of the Measure Z
17.c
Packet Pg. 497 Attachment: CM.Measure Z.Attachment 2 (5996 : Survey Research, Strategic Communications, and Public Education – Sunset of the Measure Z
17.c
Packet Pg. 498 Attachment: CM.Measure Z.Attachment 2 (5996 : Survey Research, Strategic Communications, and Public Education – Sunset of the Measure Z
18.a
Packet Pg. 499 Attachment: PW.Street Vac I St Staff Report PH And Approv Vac. 3.6.19 (5997 : Vacation of a Portion of “I” Street, Broadway Street, and Main
On July 5, 2018, the Mayor and City Council authorized staff to proceed with an
investigation and analysis of Plan No. 13218 to vacate portions of “I” Street, Broadway
Street and Main Street, South of 3rd Street.
On August 30, 2018, notices were sent out to City Departments, San Bernardino County
Fire, utility providers, including the Water Department, and residents within 500’
informing them of the proposed street vacations.
• Reservations of easements were requested for existing and future facilities by
the Water Department.
On January 8, 2019, the Planning Commission adopted Resolution No. 2019-001
forwarding a recommendation of approval to the Mayor and City Council for Real
Property Street Vacation File No. 15.30-429, and finding that the project is Categorically
Exempt under the California Environmental Quality Act.
On February 6, 2019, the Mayor and City Council adopted Resolution No. 2019-18
setting the time, date and place for a public hearing on the proposal to vacate a portion
of “I” Street, Broadway Street and Main Street, South of 3rd Street on March 6th, 2019 at
5:00 pm in the Third Floor Board Room, 201 North “E” Street, San Bernardino,
California. Resolution No. 2019-18 also granted authority for notices and postings of
the public hearing, along subject street segment.
Discussion
In accordance with SHC sections 8322 and 8323 for a public hearing, notices were
published in The Sun newspaper for two successive weeks prior to the hearing.
Postings were made along the portions of “I” Street, Broadway Street and Main Streets
to be vacated at least two weeks before the public hearing date of March 6th. At this
time, interested parties may present evidence to the Mayor and City Council. At the
conclusion of the public hearing, the Mayor and City Council will consider a Resolution
Approving the Vacation of a portion of “I” Street, Broadway Street and Main Street,
South of 3rd Street, which will adopt a Categorical Exemption for the street vacation,
reserve an easement for the Water Department and make a final order vacating a
portion of “I” Street, Broadway Street and Main Street, South of 3rd Street as described
in Plan No. 13218.
Utilities which do not hold an existing easement and do not have an easement reserved
for them in the Resolution Approving the Vacation will not be able to use the right of way
being vacated without first obtaining an easement from the property owner.
The Planning Division of the Community Development Department reviewed the
proposed street vacation for consistency with the City of San Bernardino General Plan.
The Circulation Element, which is part of the General Plan, is to design and improve a
circulation system to meet current and future needs of all residents, businesses and
visitors, allow more convenient and practical circulation to important economic segment
within the City and improve safety. The Planning Commission determined that this
street vacation is consistent with the General Plan and vacating of a portion of “I” Street,
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Packet Pg. 500 Attachment: PW.Street Vac I St Staff Report PH And Approv Vac. 3.6.19 (5997 : Vacation of a Portion of “I” Street, Broadway Street, and Main
Broadway Street and Main Street, South of 3rd Street will not conflict with the City’s
General Plan Circulation Element.
Additionally, Street Vacations are subject to the California Environmental Quality Act
(CEQA) and the Planning Division of the Community Development Department
concludes that this street vacation action is Categorically Exempt from CEQA as there
is no possibility that the proposed activity may have a significant effect on the
environment as described in Planning Commission Resolution No. 2019-001PC
(Attachment 5).
The street vacation proceedings are not completed until the Resolution making the final
order vacating a portion of “I” Street, Broadway Street and Main Street, South of 3rd
Street has been recorded with the San Bernardino County Recorder’s office
Future actions by the City will consist of:
• Inspection and acceptance of owner construct improvements.
• Recordation of the Resolution of Vacation pursuant to SHC section 8325
2018-2019 Goals and Objectives
This project is consistent with Goal No. 4 Ensure Development of a Well-Planned,
Balanced, and Sustainable City. Investigations are required before the City can
proceed with vacating the public right of way.
Fiscal Impact
Costs incurred with this action will be offset by the non-refundable petitioner paid
processing fee of $2,000 which has been paid in full.
Conclusion
Adopt Resolution No. 2019-37 of the Mayor and City Council of the City of San
Bernardino, California, approving the vacation of a portion of “I” Street, Broadway Street
and Main Street, South of 3rd Street, and the reservation of utility easements therein.
Attachments
Attachment 1 Resolution
Attachment 2 Exhibit “A”; Exhibit ”B” – Legal and Plats
Attachment 3 Aerial Map View
Attachment 4 Petition
Attachment 5 Resolution No. 2019-001 PC
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Packet Pg. 501 Attachment: PW.Street Vac I St Staff Report PH And Approv Vac. 3.6.19 (5997 : Vacation of a Portion of “I” Street, Broadway Street, and Main
Ward: 1
Synopsis of Previous Council Actions:
• July 5, 2018 Council authorized staff to investigate Plan No. 13218 to vacate a portion of
“I” Street, Broadway Street and Main Street, South of 3rd Street
• February 6, 2019 Council adopted Resolution No. 2019-18: Resolution of the Mayor and
City Council of the City of San Bernardino, California, declaring its intention to conduct a
Public Hearing to consider the vacation of a portion of “I” Street, Broadway Street and
Main Street, South of 3rd and the reservation of utility easements therein
3/1/2019 8:08 AM
18.a
Packet Pg. 502 Attachment: PW.Street Vac I St Staff Report PH And Approv Vac. 3.6.19 (5997 : Vacation of a Portion of “I” Street, Broadway Street, and Main
Resolution No. 2019-37
RESOLUTION NO. 2019-37 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE VACATION OF PORTIONS OF “I”
STREET, BROADWAY STREET AND MAIN STREET,
SOUTH OF 3RD STREET AND THE RESERVATION OF
UTILITIES THEREIN.
WHEREAS, On October 26, 2017, a petition to vacate a portion of “I” Street South of
3rd Street and two adjacent alleys named Broadway Street and Main Street was received from
FC Services, Inc., which owns 17 of the 19 parcels of land abutting the proposed street
vacations; and
WHEREAS, On July 5, 2018, the Mayor and City Council authorized staff to proceed
with an investigation and analysis of Plan No. 13218 to vacate portions of “I” Street, Broadway
Street and Main Street, South of 3rd Street; and
WHEREAS, On February 6, 2019, Resolution No. 2019-18 was adopted declaring its
intention to conduct a public hearing to order the vacation of portions of “I” Street, Broadway
Street and Main Street, South of 3rd Street, declaring the reservation of utilities easements therein
and granting authority to publish and post notices of the public hearing; and
WHERAS, On March 6, 2019 a public hearing was held where all persons interested in
or objecting to the proposed vacation areas appeared before the Mayor and City Council of San
Bernardino, California and offered evidence in relation to the vacation of portions of “I” Street,
Broadway Street and Main Street, South of 3rd Street.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and City Council of San Bernardino, California, in vacating
the portions of “I” Street, Broadway Street and Main Street, South of 3rd Street, elects to proceed
in accordance with the provisions of the “Public Streets, Highways and Service Easements
Vacation Law”, being Division 9, Part 3, of the Streets and Highways Code of the State of
California.
SECTION 2. The Mayor and City Council of said City do hereby vacate that portions of
“I” Street, Broadway Street and Main Street, South of 3rd Street as described on each of the legal
descriptions attached hereto and incorporated as Exhibit “A” and depicted on each of the maps
attached hereto and incorporated herein as Exhibit “B.
SECTION 3. Nothing in this Resolution shall in any way affect or disturb any other
existing easements for public utility purposes belonging either to the City of San Bernardino or
public entity that existed prior to these vacation proceedings. Reservations of easements are
18.b
Packet Pg. 503 Attachment: PW.Street Vac I St.Reso Approv Vac And Attach 1 3.6.19 (5997 : Vacation of a Portion of “I” Street, Broadway Street, and Main
Resolution No. 2019-37
made in accordance with the provisions of Division 9, Part 3, Chapter 5, Article 1 of the Streets
and Highways Code of the State of California, as specifically set forth:
1. There is hereby specifically reserved for the City of San Bernardino Municipal Water
Department, an easement for the full width of each street portion proposed to be
vacated, including the right at any time, or from time to time, to construct, maintain,
operate, replace and renew one or more pipelines or appurtenances thereto for the
transportation of water and for the construction and maintenance of water wells and
related incidental purposes, including the right of ingress and egress thereto.
SECTION 4. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 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 ___ day of __________, 2019.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, MMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
18.b
Packet Pg. 504 Attachment: PW.Street Vac I St.Reso Approv Vac And Attach 1 3.6.19 (5997 : Vacation of a Portion of “I” Street, Broadway Street, and Main
Resolution No. 2019-37
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _________, adopted at a regular meeting held at the ___ day of _______, 2019
by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
VACANT _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2019.
______________________________
Georgeann Hanna, MMC, City Clerk
18.b
Packet Pg. 505 Attachment: PW.Street Vac I St.Reso Approv Vac And Attach 1 3.6.19 (5997 : Vacation of a Portion of “I” Street, Broadway Street, and Main
Resolution No. 2019-37
ATTACHMENT 1
RESOLUTION
18.b
Packet Pg. 506 Attachment: PW.Street Vac I St.Reso Approv Vac And Attach 1 3.6.19 (5997 : Vacation of a Portion of “I” Street, Broadway Street, and Main
ATTACHEMENT 2
RESOLUTION EXHIBITS
18.c
Packet Pg. 507 Attachment: PW.Street Vac I St Attach 2 Exhibit A and B Legal and Plat for Reso.doc (5997 : Vacation of a Portion of “I” Street, Broadway
18.cPacket Pg. 508Attachment: PW.Street Vac I St Attach 2 Exhibit A and B Legal and Plat for Reso.doc (5997 : Vacation of a Portion of “I” Street, Broadway
18.cPacket Pg. 509Attachment: PW.Street Vac I St Attach 2 Exhibit A and B Legal and Plat for Reso.doc (5997 : Vacation of a Portion of “I” Street, Broadway
18.cPacket Pg. 510Attachment: PW.Street Vac I St Attach 2 Exhibit A and B Legal and Plat for Reso.doc (5997 : Vacation of a Portion of “I” Street, Broadway
18.cPacket Pg. 511Attachment: PW.Street Vac I St Attach 2 Exhibit A and B Legal and Plat for Reso.doc (5997 : Vacation of a Portion of “I” Street, Broadway
MAIN STREET
N89°35'27"E 0.43'N0°23'42"W10.00'N0°23'00"W10.00'N89°35'27"E ℄
MAIN STREET
S89°35'27"W 285.08'N0°23'00"W
10.00'
N89°35'27"E
0.43'
N0°23'42"W 10.00'
N89°35'27"E 284.65'
℄SANBAGRAILWAYS0°22'26"E 20.00'20'10'10'BROADWAY STREET
S89°35'25"W 308.93'
L=20.92',
R=587.92',
Δ=2°02'21"
N89°35'25"E 315.09'
℄SANBAG RAILWAYN73°
3
1'
5
4"
E (
R)
THIRD STREET
"I" STREETN0°23'13"W 185.86'N89°36'53"E
41.24'
N89°37'21"E
41.26'
S0°23'13"E 5.95'L=108.57',R=51.50',Δ=120°48'08"L=4.57',
R=58.50',
Δ=4°28'25"S0°23'13"E 97.83'S0°21'34"E 103.04'S89°35'27"W 82.50'
℄10'10'20'41.25'41.25'41.25'41.25'℄N26°47'46"E (R)N0°21'34"W 93.05'5STREET VACATIONS
PORTIONS OF MAIN,
BROADWAY & "I" STREETS
SHT. NO.
OF 5
DETAIL:
N.T.S.
EXHIBIT "B"
50 0 50
SCALE: 1"=50'
SEE DETAIL
18.c
Packet Pg. 512 Attachment: PW.Street Vac I St Attach 2 Exhibit A and B Legal and Plat for Reso.doc (5997 : Vacation of a Portion of “I” Street, Broadway
18.d
Packet Pg. 513 Attachment: PW.Street Vac I St Attach 3 Aerial (5997 : Vacation of a Portion of “I” Street, Broadway Street, and Main Street, South of 3Rd
ATTACHEMENT 4
PETITION
18.e
Packet Pg. 514 Attachment: PW.Street Vac I St Attach 4.Petition (5997 : Vacation of a Portion of “I” Street, Broadway Street, and Main Street, South of 3Rd
18.e
Packet Pg. 515 Attachment: PW.Street Vac I St Attach 4.Petition (5997 : Vacation of a Portion of “I” Street, Broadway Street, and Main Street, South of 3Rd
ATTACHEMENT 5
PLANNING COMMISSION RESOLUTION
18.f
Packet Pg. 516 Attachment: PW.Street Vac I St Attach 5 PC Reso 2019-001 (5997 : Vacation of a Portion of “I” Street, Broadway Street, and Main Street, South
1
RESOLUTION NO. 2019-001-PC
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, FORWARDING A
RECOMMENDATION OF APPROVAL TO THE MAYOR AND CITY
COUNCIL FOR REAL PROPERTY STREET VACATION 15.30-429 FOR
PLAN NO. 13218 TO ALLOW THE STREET VACATIONS FOR
PORTIONS OF W. BROADWAY STREET, W. MAIN STREET AND N. I
STREET; AND, FINDING THE PROJECT SUBJECT TO A
CATEGORICAL EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
WHEREAS, on October 3, 2018, pursuant to the requirements of §8312, Division 9, Part
3 of the Streets and Highway Code, California Government Code §65402, and Chapter 19.56
(Interpretation) of the City of San Bernardino Development Code, an application for Real
Property Street Vacation 15.30-429 for Plan No. 13218 was duly submitted by:
Property Owner: City of San Bernardino
290 N. D Street
San Bernardino, CA 92401
Project Applicant: Joseph E. Bonadiman & Associates
234 N. Arrowhead Avenue
San Bernardino, CA 92408
WHEREAS, the Planning Division of the Community Development Department has
reviewed Real Property Street Vacation 15.30-429 for Plan No. 13218 for consistency with the
City of San Bernardino General Plan and compliance with the City of San Bernardino
Development Code; and
WHEREAS, the Circulation Element is to design and improve a circulation system to
meet current and future needs of all residents, businesses and visitors, allow more convenient and
practical circulation to important economic segment within the City and improve safety, and the
vacating of portions of W. Broadway Street, W. Main Street and N. I Street will not conflict with
the City’s General Plan Circulation Element; and
WHEREAS, pursuant to the requirements of the California Environmental Quality Act
(“CEQA”), the Planning Division of the Community Development Department has evaluated
Real Property Street Vacation 15.30-429 for Plan No. 13218 and determined that it is exempt
from CEQA pursuant to Section 15061(b)(3) (Review for Exemption) of CEQA due to the fact
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. The proposed street vacations of
portions of W. Broadway Street, W. Main Street and N. I Street has been evaluated, per Section
15061(b)(3) (Review for Exemption) of CEQA, and it can been seen with certainty that there is
no possibility that the proposed activity may have a significant effect on the environment.
Therefore, the proposed street vacations of portions of W. Broadway Street, W. Main Street and
N. I Street is not subject to CEQA; and
18.f
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2
WHEREAS, on December 28, 2018, pursuant to the requirements of §19.52.020 of the
City of San Bernardino Development Code, the City gave public notice by advertising in the San
Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, of the
holding of a public hearing at which Real Property Street Vacation 15.30-429 for Plan No. 13218
would be considered by the Planning Commission; and
WHEREAS, on January 8, 2019, pursuant to the requirements of §19.52.040 of the City
of San Bernardino Development Code, the Planning Commission held the dul y noticed public
hearing at which interested persons had an opportunity to testify in support of, or opposition to
Real Property Street Vacation 15.30-429 for Plan No. 13218 and at which meeting the Planning
Commission considered Real Property Street Vacation 15.30-429 for Plan No. 13218; and
WHEREAS, pursuant to the requirements of Chapter 19.56 of the City of San
Bernardino Development Code, the Planning Commission has the authority to take action on
Real Property Street Vacation 15.30-429 for Plan No. 13218; and
NOW THEREFORE, the Planning Commission of the City of San Bernardino does hereby
resolve, determine, find, and order as follows:
SECTION 1. ENVIRONMENTAL DETERMINATION:
As the decision-making body for the project, the Planning Commission has reviewed and
considered the information contained in the administrative record for Real Property Street
Vacation 15.30-429 for Plan No. 13218. Based upon the facts and information contained in the
administrative record, including all written and oral evidence presented to the Planning
Commission, the Planning Commission finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State
CEQA Guidelines, and the City’s Local CEQA Guidelines, and
(2) The proposed project is categorically exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15061(b)(3) (Review for Exemption) of the
CEQA Guidelines; and
(3) The application of the categorical exemption is not barred by one of the exceptions set
forth in the CEQA Guidelines Section 15061(b)(3); and
(4) The determination of CEQA exemption reflects the independent judgment of the
Planning Commission.
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3
SECTION 2. FINDINGS FOR REAL PROPERTY STREET VACATION 15.30-
429:
Section 65402 of the California Government Code requires that Street Vacations meet a certain
finding prior to the approval by the Mayor and City Council. Accordingly, the following finding
is provided in support of the recommendation by the Planning Commission for the approval of
Real Property Street Vacation 15.30-429 for Plan No. 13218 by the Mayor and City Council.
Finding No. 1: The proposed street vacation is consistent with the General Plan.
Finding of Fact: The proposed vacations of portions of W. Broadway Street, W. Main Street
and N. I Street in order to accommodate the future development of a
commercial center, will not impair circulation to economic segments of
the City due to there being minimal vehicular traffic within the subject
area and these streets are depicted on maps as a Collector Streets in the
City’s General Plan Circulation Element. Thus, vacating portions of W.
Broadway Street, W. Main Street and N. I Street will not conflict with the
City’s General Plan Circulation Element. Therefore, Real Property Street
Vacation 15.30-429 for Plan No. 13218 is consistent with the City’s
General Plan.
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4
SECTION 3. PLANNING COMMISSION ACTION:
The Planning Commission hereby takes the following action:
1. Adoption of Planning Commission Resolution No. 2019-001 forwarding a
recommendation that the Mayor and City Council:
a. Finding the Categorical Exemption, pursuant to Section 15061(b)(3) (Review
for Exemption) for Real Property Street Vacation 15.30-429 for Plan No. 13218
in accordance with the California Environmental Quality Act, and directing the
Community Development Director to prepare and file with the Clerk of the
County of San Bernardino a Notice of Exemption as provided under Public
Resources Code Section 21152(b) and CEQA Guidelines Section 15062; and
b. Approving Real Property Street Vacation 15.30-429 for Plan No. 13218 to
allow the street vacations of portions of W. Broadway Street, W. Main Street
and N. I Street (Exhibit “A”).
PASSED, APPROVED AND ADOPTED this 8th of January 2019.
_____________________________
Anthony Jones, Chairman
San Bernardino Planning Commission
ATTEST:
_______________________________________
Oliver Mujica, Planning Commission Secretary
City of San Bernardino, California
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5
CERTIFICATION:
I, Stephanie Sanchez, Recording Secretary of the Planning Commission of the City of San
Bernardino, California, do hereby certify that the foregoing Resolution No. 2019-001, was duly
adopted by the Planning Commission of the City of San Bernardino, California, at a regula r
meeting thereof held on the 8th day of January 2019, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Stephanie Sanchez, Recording Secretary
City of San Bernardino, California
18.f
Packet Pg. 521 Attachment: PW.Street Vac I St Attach 5 PC Reso 2019-001 (5997 : Vacation of a Portion of “I” Street, Broadway Street, and Main Street, South
6
EXHIBIT “A”
STREET VACATION 15.30-429
18.f
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19.a
Packet Pg. 523 Attachment: PW.Street Vac Little Mtn Staff Report PH And Approving Vac. 3.6.19 (5998 : Vacation of a Portion of Little Mountain Drive, North of
On October 17, 2018, the Mayor and City Council authorized staff to proceed with an
investigation and analysis of Plan No. 13241 to vacate portions of Little Mountain Drive,
North of West 27th Street.
On October 18, 2018, notices were sent out to City Departments, San Bernardino
County Fire, utility providers, including the Water Department, and residents within 500’
informing them of the proposed street vacations.
• Reservations of easements were requested for existing and future facilities by
the Water Department.
• Reservations of easements were requested for existing storm drain by the City of
San Bernardino.
On January 8, 2019, the Planning Commission adopted Resolution No. 2019-002
forwarding a recommendation of approval to the Mayor and City Council for Real
Property Street Vacation File No. 15.30-430, and finding that the project is Categorically
Exempt under the California Environmental Quality Act.
On February 6, 2019, the Mayor and City Council adopted Resolution No. 2019-17
setting the time, date and place for a public hearing on the proposal to vacate a portion
of Little Mountain Drive, North of West 27th Street on March 6th, 2019, at 5:00 pm in the
Third Floor Board Room, 201 North “E” Street, San Bernardino, California. Resolution
No. 2019-17 also granted authority for notices and postings of the public hearing, along
subject street segment.
Discussion
In accordance with SHC sections 8322 and 8323 for a public hearing, notices were
published in The Sun newspaper for two successive weeks prior to the hearing.
Postings were made along the portion of Little Mountain Drive, North of West 27th Street
to be vacated, at least two weeks before the public hearing date of March 6th. At this
time, interested parties may present evidence to the Mayor and City Council. At the
conclusion of the public hearing, the Mayor and City Council will consider a Resolution
Approving the Vacation of a portion of Little Mountain Drive, North of West 27th Street,
which will adopt a Categorical Exemption for the street vacation, reserve an easement
for the Water Department and make a final order vacating a portion of Little Mountain
Drive, North of West 27th Street as described in Plan No. 13241.
Utilities which do not hold an existing easement and do not have an easement reserved
for them in the Resolution Approving the Vacation will not be able to use the right of way
being vacated without first obtaining an easement from the property owner.
The Planning Division of the Community Development Department reviewed the
proposed street vacation for consistency with the City of San Bernardino General Plan.
The Circulation Element, which is part of the General Plan, is to design and improve a
circulation system to meet current and future needs of all residents, businesses and
visitors, allow more convenient and practical circulation to important economic segment
3/1/2019 8:08 AM
19.a
Packet Pg. 524 Attachment: PW.Street Vac Little Mtn Staff Report PH And Approving Vac. 3.6.19 (5998 : Vacation of a Portion of Little Mountain Drive, North of
within the City and improve safety. The Planning Commission determined that this
street vacation is consistent with the General Plan and vacating a portion of Little
Mountain Drive, North of West 27th Street will not conflict with the City’s General Plan
Circulation Element.
Additionally, Street Vacations are subject to the California Environmental Quality Act
(CEQA) and the Planning Division of the Community Development Department
concludes that this street vacation action is Categorically Exempt from CEQA as there
is no possibility that the proposed activity may have a significant effect on the
environment as described in Planning Commission Resolution No. 2019-002PC
(Attachment 5).
The street vacation proceedings are not completed until the Resolution making the final
order vacating a portion of Little Mountain Drive, North of West 27th Street has been
recorded with the San Bernardino County Recorder’s office.
Future actions by the City will consist of:
• Inspection and acceptance of owner construct improvements.
• Recordation of the Resolution of Vacation pursuant to SHC section 8325
2018-2019 Goals and Objectives
This project is consistent with Goal No. 4 Ensure Development of a Well-Planned,
Balanced, and Sustainable City. Investigations are required before the City can
proceed with vacating the public right of way.
Fiscal Impact
Costs incurred with this action will be offset by the non-refundable petitioner paid
processing fee of $2,000 which has been paid in full.
Conclusion
Adopt Resolution No. 2019-38 of the Mayor and City Council of the City of San
Bernardino, California, approving the vacation of a portion of Little Mountain Drive,
North of West 27th Street, and the reservation of utility easements therein.
Attachments
Attachment 1 Resolution
Attachment 2 Exhibit “A”; Exhibit ”B” – Legal and Plats
Attachment 3 Aerial Map View
Attachment 4 Petition
Attachment 5 Resolution No. 2019-002 PC
3/1/2019 8:08 AM
19.a
Packet Pg. 525 Attachment: PW.Street Vac Little Mtn Staff Report PH And Approving Vac. 3.6.19 (5998 : Vacation of a Portion of Little Mountain Drive, North of
Ward: 2
Synopsis of Previous Council Actions:
October 17, 2018 Council authorized staff to investigate Plan No. 13241 to vacate a
portion of Little Mountain Drive.
February 6, 2019 Council adopted Resolution No. 2019-17: Resolution of the Mayor and
City Council of the City of San Bernardino, California, declaring its intention to conduct a
Public Hearing to consider the vacation of a portion of Little Mountain Drive, North of
West 27th Street and the reservation of utility easements therein
3/1/2019 8:08 AM
19.a
Packet Pg. 526 Attachment: PW.Street Vac Little Mtn Staff Report PH And Approving Vac. 3.6.19 (5998 : Vacation of a Portion of Little Mountain Drive, North of
Resolution No. 2019-38
RESOLUTION NO.2019-38 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING THE VACATION OF A PORTION
OF LITTLE MOUNTAIN DRIVE, NORTH OF WEST 27TH STREET, AND THE
RESERVATION OF UTILITIES THEREIN.
WHEREAS, On June 30, 2018, a petition to vacate a portion of Little Mountain Drive,
North of West 27th Street was received from Scott C. Beard, 27th Street TAD, LLC, who owns
the property on the property on the corner of Little Mountain Court and 27th Street abutting the
proposed street vacation; and
WHEREAS, On October 17, 2018, the Mayor and City Council authorized staff to
proceed with an investigation and analysis of Plan No. 13241 to vacate portions of Little
Mountain Drive, North of West 27th Street; and
WHEREAS, On February 6, 2019, Resolution No. 2019-17 was adopted declaring its
intention to conduct a public hearing to order the vacation of portions of Little Mountain Drive,
North of West 27th Street, declaring the reservation of utilities easements therein and granting
authority to publish and post notices of the public hearing; and
WHERAS, On March 6, 2019 a public hearing was held where all persons interested in
or objecting to the proposed vacation areas appeared before the Mayor and City Council of San
Bernardino, California and offered evidence in relation to the vacation of a portion of Little
Mountain Drive, North of West 27th Street.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and City Council of San Bernardino, California, in vacating
the portion of Little Mountain Drive, North of West 27th Street, elects to proceed in accordance
with the provisions of the “Public Streets, Highways and Service Easements Vacation Law”,
being Division 9, Part 3, of the Streets and Highways Code of the State of California.
SECTION 2. The Mayor and City Council of said City do hereby vacate that portion of
Little Mountain Drive, North of West 27th Street as described on the legal description attached
hereto and incorporated as Exhibit “A” and depicted on the map attached hereto and incorporated
herein as Exhibit “B.
SECTION 3. Nothing in this Resolution shall in any way affect or disturb any other
existing easements for public utility purposes belonging either to the City of San Bernardino or
public entity that existed prior to these vacation proceedings. Reservations of easements are
made in accordance with the provisions of Division 9, Part 3, Chapter 5, Article 1 of the Streets
and Highways Code of the State of California, as specifically set forth:
19.b
Packet Pg. 527 Attachment: PW.Street Vac Little Mtn.ResoApprovingVac And Attach 1 3.6.19.pdf(numbered) (5998 : Vacation of a Portion of Little Mountain
Resolution No. 2019-38
1. There is hereby specifically reserved for the City of San Bernardino, a drainage
easement for the full width of each street portion proposed to be vacated, including
the right at any time, or from time to time, to construct, maintain, operate, replace and
renew one or more pipelines or appurtenances thereto for the transportation of water
and for the construction and maintenance of water wells and related incidental
purposes, including the right of ingress and egress thereto.
2. There is hereby specifically reserved for the City of San Bernardino Municipal Water
Department, an easement for the full width of each street portion proposed to be
vacated, including the right at any time, or from time to time, to construct, maintain,
operate, replace and renew one or more pipelines or appurtenances thereto for the
transportation of water and for the construction and maintenance of water wells and
related incidental purposes, including the right of ingress and egress thereto.
SECTION 4. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 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 ___ day of __________, 2019.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, MMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
19.b
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Resolution No. 2019-38
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _________, adopted at a regular meeting held at the ___ day of _______, 2019
by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
VACANT _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2019.
______________________________
Georgeann Hanna, MMC, City Clerk
19.b
Packet Pg. 529 Attachment: PW.Street Vac Little Mtn.ResoApprovingVac And Attach 1 3.6.19.pdf(numbered) (5998 : Vacation of a Portion of Little Mountain
Resolution No. 2019-38
Attachment 1
Resolution
19.b
Packet Pg. 530 Attachment: PW.Street Vac Little Mtn.ResoApprovingVac And Attach 1 3.6.19.pdf(numbered) (5998 : Vacation of a Portion of Little Mountain
ATTACHEMENT 2
RESOLUTION EXHIBITS
19.c
Packet Pg. 531 Attachment: PW.Street Vac I St Attach 2 Exhibit A and B Legal and Plat for Reso.doc (5998 : Vacation of a Portion of Little Mountain Drive,
19.cPacket Pg. 532Attachment: PW.Street Vac I St Attach 2 Exhibit A and B Legal and Plat for Reso.doc (5998 : Vacation of a Portion of Little Mountain Drive,
19.cPacket Pg. 533Attachment: PW.Street Vac I St Attach 2 Exhibit A and B Legal and Plat for Reso.doc (5998 : Vacation of a Portion of Little Mountain Drive,
19.cPacket Pg. 534Attachment: PW.Street Vac I St Attach 2 Exhibit A and B Legal and Plat for Reso.doc (5998 : Vacation of a Portion of Little Mountain Drive,
19.cPacket Pg. 535Attachment: PW.Street Vac I St Attach 2 Exhibit A and B Legal and Plat for Reso.doc (5998 : Vacation of a Portion of Little Mountain Drive,
MAIN STREET
N89°35'27"E 0.43'N0°23'42"W10.00'N0°23'00"W10.00'N89°35'27"E ℄
MAIN STREET
S89°35'27"W 285.08'N0°23'00"W
10.00'
N89°35'27"E
0.43'
N0°23'42"W 10.00'
N89°35'27"E 284.65'
℄SANBAGRAILWAYS0°22'26"E 20.00'20'10'10'BROADWAY STREET
S89°35'25"W 308.93'
L=20.92',
R=587.92',
Δ=2°02'21"
N89°35'25"E 315.09'
℄SANBAG RAILWAYN73°
3
1'
5
4"
E (
R)
THIRD STREET
"I" STREETN0°23'13"W 185.86'N89°36'53"E
41.24'
N89°37'21"E
41.26'
S0°23'13"E 5.95'L=108.57',R=51.50',Δ=120°48'08"L=4.57',
R=58.50',
Δ=4°28'25"S0°23'13"E 97.83'S0°21'34"E 103.04'S89°35'27"W 82.50'
℄10'10'20'41.25'41.25'41.25'41.25'℄N26°47'46"E (R)N0°21'34"W 93.05'5STREET VACATIONS
PORTIONS OF MAIN,
BROADWAY & "I" STREETS
SHT. NO.
OF 5
DETAIL:
N.T.S.
EXHIBIT "B"
50 0 50
SCALE: 1"=50'
SEE DETAIL
19.c
Packet Pg. 536 Attachment: PW.Street Vac I St Attach 2 Exhibit A and B Legal and Plat for Reso.doc (5998 : Vacation of a Portion of Little Mountain Drive,
19.d
Packet Pg. 537 Attachment: PW.Street Vac Little Mtn Attach 3 Aerial Map (5998 : Vacation of a Portion of Little Mountain Drive, North of West 27Th Street)
ATTACHEMENT 4
PETITION
19.e
Packet Pg. 538 Attachment: PW.Street Vac Little Mtn. Attach 4 Petition (5998 : Vacation of a Portion of Little Mountain Drive, North of West 27Th Street)
19.e
Packet Pg. 539 Attachment: PW.Street Vac Little Mtn. Attach 4 Petition (5998 : Vacation of a Portion of Little Mountain Drive, North of West 27Th Street)
19.e
Packet Pg. 540 Attachment: PW.Street Vac Little Mtn. Attach 4 Petition (5998 : Vacation of a Portion of Little Mountain Drive, North of West 27Th Street)
ATTACHEMENT 5
PLANNING COMMISSION RESOLUTION
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RESOLUTION NO. 2019-002-PC
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, FORWARDING A
RECOMMENDATION OF APPROVAL TO THE MAYOR AND CITY
COUNCIL FOR REAL PROPERTY STREET VACATION 15.30-430 FOR
PLAN NO. 13241 TO ALLOW THE STREET VACATION FOR A
PORTION OF LITTLE MOUNTAIN COURT NORTH OF W. 27th
STREET; AND, FINDING THE PROJECT SUBJECT TO A
CATEGORICAL EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
WHEREAS, on October 18, 2018, pursuant to the requirements of §8312, Division 9,
Part 3 of the Streets and Highway Code, California Government Code §65402, and Chapter
19.56 (Interpretation) of the City of San Bernardino Development Code, an application for Real
Property Street Vacation 15.30-430 for Plan No. 13241 was duly submitted by:
Property Owner: City of San Bernardino
290 N. D Street
San Bernardino, CA 92401
Project Applicant: 27th Street TAD, LLC
P.O. Box 7
Rialto, CA 92377
WHEREAS, the Planning Division of the Community Development Department has
reviewed Real Property Street Vacation 15.30-430 for Plan No. 13241 for consistency with the
City of San Bernardino General Plan and compliance with the City of San Bernardino
Development Code; and
WHEREAS, the Circulation Element is to design and improve a circulation system to
meet current and future needs of all residents, businesses and visitors, allow more convenient and
practical circulation to important economic segment within the City and improve safety, and the
vacating of a portion of Little Mountain Court north of W. 27th Street will not conflict with the
City’s General Plan Circulation Element; and
WHEREAS, pursuant to the requirements of the California Environmental Quality Act
(“CEQA”), the Planning Division of the Community Development Department has evaluated
Real Property Street Vacation 15.30-430 for Plan No. 13241 and determined that it is exempt
from CEQA pursuant to Section 15061(b)(3) (Review for Exemption) of CEQA due to the fact
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. The proposed street vacation of
an unimproved portion of Little Mountain Court has been evaluated, per Section 15061(b)(3)
(Review for Exemption) of CEQA, and it can been seen with certainty that there is no possibility
that the proposed activity may have a significant effect on the environment. Therefore, the
proposed street vacation of an unimproved portion of Little Mountain Court is not subject to
CEQA; and
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WHEREAS, on December 28, 2018, pursuant to the requirements of §19.52.020 of the
City of San Bernardino Development Code, the City gave public notice by advertising in the San
Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, of the
holding of a public hearing at which Real Property Street Vacation 15.30-430 for Plan No. 13241
would be considered by the Planning Commission; and
WHEREAS, on January 8, 2019, pursuant to the requirements of §19.52.040 of the City
of San Bernardino Development Code, the Planning Commission held the duly noticed public
hearing at which interested persons had an opportunity to testify in support of, or opposition to
Real Property Street Vacation 15.30-430 for Plan No. 13241 and at which meeting the Planning
Commission considered Real Property Street Vacation 15.30-430 for Plan No. 13241; and
WHEREAS, pursuant to the requirements of Chapter 19.56 of the City of San
Bernardino Development Code, the Planning Commission has the authority to take action on
Real Property Street Vacation 15.30-430 for Plan No. 13241; and
NOW THEREFORE, the Planning Commission of the City of San Bernardino does hereby
resolve, determine, find, and order as follows:
SECTION 1. ENVIRONMENTAL DETERMINATION:
As the decision-making body for the project, the Planning Commission has reviewed and
considered the information contained in the administrative record for Real Property Street
Vacation 15.30-430 for Plan No. 13241. Based upon the facts and information contained in the
administrative record, including all written and oral evidence presented to the Planning
Commission, the Planning Commission finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State
CEQA Guidelines, and the City’s Local CEQA Guidelines, and
(2) The proposed project is categorically exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15061(b)(3) (Review for Exemption) of the
CEQA Guidelines; and
(3) The application of the categorical exemption is not barred by one of the exceptions set
forth in the CEQA Guidelines Section 15061(b)(3); and
(4) The determination of CEQA exemption reflects the independent judgment of the
Planning Commission.
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SECTION 2. FINDINGS FOR REAL PROPERTY STREET VACATION 15.30-
430:
Section 65402 of the California Government Code requires that Street Vacations meet a certain
finding prior to the approval by the Mayor and City Council. Accordingly, the following finding
is provided in support of the recommendation by the Planning Commission for the approval of
Real Property Street Vacation 15.30-430 for Plan No. 13241 by the Mayor and City Council.
Finding No. 1: The proposed street vacation is consistent with the General Plan.
Finding of Fact: The proposed vacation of an unimproved portion of Little Mountain Court
north of 27th Street in order to accommodate the development of an office
building containing approximately 38,150 square feet on a parcel
containing approximately 4.2 acres, as previously approved by the City’s
Development and Environmental Review Committee under Development
Permit Type-D 18-01, will not impair circulation to economic segments of
the City due to there being no street improvements occupying the right-of-
way. Although the street is depicted on maps as a Collector Street, the
street is considered a paper street in the City’s General Plan Circulation
Element. Additionally, the paper street (right -of-way) is vacant land
impassible to vehicular traffic with the exception of specifically equipped
off-road vehicles. Thus, the vacating of a portion of an unimproved
portion of Little Mountain Court north of 27th Street will not conflict with
the City’s General Plan Circulation Element. Therefore, Real Property
Street Vacation 15.30-430 for Plan No. 13241 is consistent with the City’s
General Plan.
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SECTION 3. PLANNING COMMISSION ACTION:
The Planning Commission hereby takes the following action:
1. Adoption of Planning Commission Resolution No. 2019-002 forwarding a
recommendation that the Mayor and City Council:
a. Finding the Categorical Exemption, pursuant to Section 15061(b)(3) (Review
for Exemption) for Real Property Street Vacation 15.30-430 for Plan No. 13241
in accordance with the California Environmental Quality Act, and directing the
Community Development Director to prepare and file with the Clerk of th e
County of San Bernardino a Notice of Exemption as provided under Public
Resources Code Section 21152(b) and CEQA Guidelines Section 15062; and
b. Approving Real Property Street Vacation 15.30-430 for Plan No. 13241 to
allow the street vacation of an unimproved portion of Little Mountain Court
north of 27th Street (Exhibit “A”).
PASSED, APPROVED AND ADOPTED this 8th of January 2019.
_____________________________
Anthony Jones, Chairman
San Bernardino Planning Commission
ATTEST:
_______________________________________
Oliver Mujica, Planning Commission Secretary
City of San Bernardino, California
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CERTIFICATION:
I, Stephanie Sanchez, Recording Secretary of the Planning Commission of the City of San
Bernardino, California, do hereby certify that the foregoing Resolution No. 2019-002, was duly
adopted by the Planning Commission of the City of San Bernardino, California, at a regula r
meeting thereof held on the 8th day of January 2019, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Stephanie Sanchez, Recording Secretary
City of San Bernardino, California
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EXHIBIT “A”
STREET VACATION 15.30-430
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Packet Pg. 547 Attachment: PW.Street Vac Little Mtn. Attach 5 PCReso (5998 : Vacation of a Portion of Little Mountain Drive, North of West 27Th Street)